I
103D CONGRESS
1ST SESSION
H. R. 1358
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 relating to the innocent land owner defense and
municipal liability, and to amend that Act and the Solid Waste Disposal
Act relating to used oil.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1993
Mr. MINETA introduced the following bill; which was referred jointly to the
Committees on Energy and Commerce, and Public Works and Transportation
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 relating to the
innocent land owner defense and municipal liability, and
to amend that Act and the Solid Waste Disposal Act
relating to used oil.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT TO SUPERFUND PERTAINING TO
INNOCENT LANDOWNER DEFENSE.
(a) IN GENERAL.—Section 101(35) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended
dler and generator records and spill reporting
records; and such other reasonably obtainable Fed-
eral, State, and local government environmental
records which report incidents or activities which are
likely to cause or contribute to a release or threat-
ened release of hazardous substances on the real
property. A record is considered to be reasonably ob-
tainable for purposes of this subclause if a copy or
reasonable facsimile of the record is obtainable from
the government agency by request.
‘‘(V) A visual site inspection of the real prop-
erty and all facilities and improvements on the real
property, and a visual inspection of immediately ad-
jacent properties from the real property, including
an investigation of any chemical use, storage, treat-
ment and disposal practices on the property.
‘‘(iii) No presumption shall arise under clause (i) un-
less the defendant has maintained a compilation of the in-
formation reviewed in the course of the Phase I Environ-
mental Audit.
‘‘(iv) Notwithstanding any other provision of this
paragraph, if the Phase I Environmental Audit discloses
the presence or likely presence of a release or threatened
release of hazardous substances on the real property to
be acquired, no presumption shall arise under clause (i)
with respect to such release or threatened release unless
the defendant has taken reasonable steps, in accordance
with current technology available, existing regulations,
and generally acceptable engineering practices, as may be
necessary to confirm the absence of such release or threat-
ened release.’’.
(b) EFFECTIVE DATE.—Subparagraph (C) of section
101(35) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as added by sub-
section (a), shall take effect on the date of the enactment
of this Act.
SEC. 2. LIABILITY FOR CERTAIN SUBSTANCES.
(a) GENERATION AND TRANSPORTATION OF MUNICI-
PAL SOLID WASTE—Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607), commonly referred to as
‘‘Superfund’’, is amended by adding at the end the follow-
ing new subsection:
‘‘(n) LIMITATION ON LIABILITY FOR GENERATION
OR TRANSPORTATION OF MUNICIPAL SOLID WASTE.—
‘‘(1) IN GENERAL.—No municipality or other
person shall be liable for any costs or damages
under paragraph (3) or (4) of subsection (a) of this
section by reason of such municipality or other per-
son’s generation or transportation of municipal solid
waste.
‘‘(2) DEFINITIONS.—As used in this sub-
section—
‘‘(A) the term ‘municipality’ means any po-
litical subdivision of a State, including any city,
county, town, township, school district, and
other legal government entity; and
‘‘(B) the term ‘municipal solid waste’
means solid waste generated by households and
includes waste from commercial, institutional,
and industrial sources if the amount and tox-
icity of substances contained in the waste do
not exceed that which one would expect to find
in waste generated by households.
‘‘(3) GUIDELINES.—The Administrator may
promulgate guidelines to be used in determining the
waste which qualifies as municipal solid waste under
paragraph (2)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to response actions
and suits brought under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 whether such response action or suits are com-
menced before, on, and after the date of the enactment
of this Act; except that such amendment shall not apply
to any suit brought under such Act in which final judg-
ment has been entered by a court before the date of the
enactment of this Act.
SEC. 3. LIABILITY FOR CERTAIN SUBSTANCES.
(a) GENERATION AND TRANSPORTATION OF MUNICI-
PAL SOLID WASTE.—Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607), commonly referred to as
‘‘Superfund’’, is amended by adding at the end the follow-
ing new subsection:
‘‘(n) LIMITATION ON LIABILITY FOR GENERATION
OR TRANSPORTATION OF MUNICIPAL SOLID WASTE.—
‘‘(1) IN GENERAL.—No municipality or other
person liable for any costs or damages under para-
graph (3) or (4) of subsection (a) of this section by
reason of such municipality or other person’s gen-
eration or transportation of municipal solid waste
shall be liable for more than 4 percent of such costs
and damages.
‘‘(2) DEFINITIONS.—As used in this sub-
section—
‘‘(A) the term ‘municipality’ means any po-
litical subdivision of a State, including any city,
county, town, township, school district, and
other legal government entity; and
‘‘(B) the term ‘municipal solid waste’
means solid waste generated by households and
includes waste from commercial, institutional,
and industrial sources if the amount and tox-
icity of substances contained in the waste do
not exceed that which one would expect to find
in waste generated by households.
‘‘(3) GUIDELINES.—The Administrator may
promulgate guidelines to be used in determining the
waste which qualifies as municipal solid waste under
paragraph (2)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to response actions
and suits brought under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 whether such response action or suits are com-
menced before, on, and after the date of the enactment
of this Act; except that such amendment shall not apply
to any suit brought under such Act in which final judg-
ment has been entered by a court before the date of the
enactment of this Act.
SEC. 4. MANAGEMENT OF USED OIL.
(a) DEFINITION OF USED OIL.—Section 1004(36) of
the Solid Waste Disposal Act is amended to read as
follows:
‘‘(36) The term ‘used oil’ means any oil which
has been—
‘‘(A) refined from crude oil,
‘‘(B) used, and
‘‘(C) as a result of such use or as a result
of spillage or commingling with other wastes,
contaminated by physical or chemical impuri-
ties.’’.
(b) RESTRICTIONS ON USED OIL.—(1) Section 3014
of the Solid Waste Disposal Act is amended to read as
follows:
‘‘SEC. 3014. MANAGEMENT OF USED OIL.
‘‘(a) MODIFIED LISTING AS A HAZARDOUS WASTE.—
‘‘(1) LISTING
OF
CERTAIN
USED
OIL
AND
PRODUCTS
DERIVED
FROM
USED
OIL.—Not later
than 12 months after the date of enactment of the
National Waste Reduction, Recycling, and Manage-
ment Act, the Administrator shall promulgate regu-
lations under section 3001 listing as a hazardous
waste used oil, and any product derived from used
oil, that fails to meet the specifications set forth in
paragraph (2).
‘‘(2) SPECIFICATIONS FOR LISTING.—
‘‘(A) IN GENERAL.—The specifications re-
ferred to in paragraph (1) are as follows:
‘‘(i) Flashpoint: 100° F. minimum.
‘‘(ii) Lead: 2 ppm maximum.
‘‘(iii) Arsenic: 2 ppm maximum.
‘‘(iv) Chromium: 2 ppm maximum.
‘‘(v) Cadmium: 2 ppm maximum.
‘‘(vi) Total halogens: 1,000 ppm maxi-
mum.
‘‘(vii) 
Polychlorinated 
biphenyls
(PCBs): 2 ppm maximum.
No used oil shall be listed or identified as a
hazardous waste for purposes of this subtitle if
it meets each of the specifications set forth in
clauses (i) through (vii) above. No product de-
rived from used oil shall be listed or identified
as a hazardous waste for purposes of this sub-
title if it meets each of the specifications set
forth in clauses (i) through (vii) above. Compli-
ance with the specifications set forth in this
subparagraph may not be achieved by blending
used oil with virgin oil or with any other solid
waste or other material.
‘‘(B) MARKETING
OF
FUEL.—Fuel con-
taining used oil which, without treatment,
meets the specifications of subparagraph (A)
(including the requirements relating to blend-
ing) may be marketed as containing ingredients
that never were, and are not now, hazardous
wastes if the used oil is analyzed upon receipt
at, and the used oil-derived fuel is analyzed be-
fore shipment from, the recycling facility to
demonstrate compliance with such specifica-
tions. Records of such analyses shall be re-
tained for at least 3 years.
‘‘(3) USED
OIL
GENERATED
BY
PETROLEUM
REFINING
OR
PRODUCTION
FACILITIES.—Used oil
generated by petroleum refining or production facili-
ties, which is to be refined along with normal proc-
ess streams at a petroleum refining facility, shall be
exempt from the provisions of this subtitle applicable
to hazardous waste if it is inserted into the refining
process or production pipeline.
‘‘(b) EPA REGULATIONS.—
‘‘(1) IN GENERAL.—On the effective date pro-
vided in subsection (i), the provisions of this subtitle
applicable to listed hazardous waste shall apply to
all used oil which fails to meet the specifications set
forth in subsection (a)(2)(A). Simultaneously with
the promulgation of regulations listing used oil as
provided in subsection (a)(1), the Administrator
shall promulgate regulations under paragraph (2) of
this subsection, together with additional regulations
under this section applicable to the generation, col-
lection, transportation, treatment, storage, recycling,
burning and disposal of used oil which is listed as
provided in subsection (a)(1). Such regulations shall
take effect on the effective date provided in sub-
section (i). The Administrator shall ensure that such
regulations protect human health and the environ-
ment and, to the extent consistent with that goal, do
not discourage the recovery or recycling of used oil.
‘‘(2) EXEMPTION FROM SUBTITLE C REQUIRE-
MENTS.—
‘‘(A) PERSONS
GENERATING
USED
OIL
WHICH
IS
HOUSEHOLD
WASTE.—Any person
who generates used oil which is household waste
(as defined under regulations of the Adminis-
trator under this subtitle) shall be exempt, with
respect to such used oil, from regulation under
this section or under any other provision of this
subtitle.
‘‘(B) CURBSIDE PICKUP AND TRANSPOR-
TATION
OF
USED
OIL.—The curbside pickup
and transportation of used oil which is house-
hold waste (as defined under regulations of the
Administrator under this subtitle) from residen-
tial locations as part of a curbside pickup pro-
gram sanctioned by a State or local government
shall be exempt from regulation under this sec-
tion or under any other provision of this sub-
title. For purposes of this subparagraph, the
term ‘curbside pickup’ shall not include storage
(including storage at a used oil collection center
which is part of a program sanctioned by a
State or local government).
‘‘(C) RECYCLING OF SCRAP METAL, PAPER,
PLASTIC, GLASS, TEXTILES, ETC.—No scrap
metal, paper, plastic, glass, textile, or any ab-
sorbent material shall be subject to this section
by reason of the incidental presence of used oil
in or on such material.
‘‘(c) GENERATION
AND COLLECTION CENTERS.—
Notwithstanding the listing of used oil under section 3001,
no generator of used oil and no person operating a used
oil collection center shall be deemed to have generated or
stored a listed hazardous waste, and no such generator
or collection center shall be subject to regulation under
provisions of this subtitle other than this section, if such
generator or collection center has complied with each of
the following paragraphs—
‘‘(1) The generator or collection center has ei-
ther—
‘‘(A) recycled or burned the used oil at any
facility with a permit under subsection (c) or
(e) of section 3005, or
‘‘(B) entered into an agreement or other
arrangement with a transporter, recycler, or
any other person for periodic transportation of
the used oil from the point of generation or col-
lection by a licensed used oil transporter for de-
livery to a facility with a permit under sub-
section (c) or (e) of section 3005 within 90 days
of generation (except that volumes of less than
500 gallons may be stored by the generator for
up to 12 months prior to such delivery).
‘‘(2) The generator or collection center has not
disposed of the used oil in a manner other than as
provided under paragraph (1) or mixed the used oil
with any other type of hazardous wastes. The Ad-
ministrator shall promulgate rules under which any
used oil collection center which is also a generator
of used oil may segregate the used oil which such
person generates from the used oil collected from
other persons. For purposes of this paragraph, no
generator of used oil or used oil collection center
shall be presumed to have mixed such used oil with
other hazardous waste by reason of the used oil’s
halogen content if the halogen content of such used
oil is less than 3,000 parts per million (ppm).
‘‘(3) The generator or collection center has
maintained records of—
‘‘(A) the volume of all used oil recycled or
burned by the generator or collection center at
a facility which has a permit under subsection
(c) or (e) of section 3005; and
‘‘(B) all agreements or arrangements pur-
suant to paragraph (1) and the approximate
volume of all used oil transferred to any other
person for transportation to a facility which has
a permit under subsection (c) or (e) of section
3005.
‘‘(d) TRANSPORTATION.—All transporters of used oil
which is a hazardous waste listed under section 3001 shall
comply with standards promulgated under section 3003,
except that in the case of used oil that does not contain
concentrations of 3,000 parts per million (ppm) or more
of halogens, the Administrator shall modify the require-
ments otherwise applicable under section 3003 to used oil
transporters to require such transporters to meet the in-
surance requirements of the Hazardous Materials Trans-
portation Act for fuel oil not otherwise specified. The Ad-
ministrator shall also modify the manifest requirements
applicable to such used oil so as to allow the transporter
to fill out 1 manifest for each load delivered to a facility
which has a permit under subsection (c) or (e) of section
3005, which manifest shall list each source and volume
of the oil delivered to the facility. The transporter shall
provide to the generator or collection center a receipt for
the oil transported, setting forth the name and address
of the permitted facility to which the oil will be trans-
ported and such other information as the Administrator
may deem necessary.
‘‘(e) DISPOSAL, BURNING, OR PROCESSING FACILI-
TIES.—
‘‘(1) IN GENERAL.—The regulations under this
section shall require hazardous waste management
units of facilities that dispose of, or burn, used oil
which is hazardous waste listed under section 3001
or that process or rerefine any such used oil which
is generated off-site to comply, without exception,
with the standards promulgated under section 3004
applicable to hazardous waste treatment, storage
and disposal facilities, as in effect as of the date of
the enactment of the National Waste Reduction, Re-
cycling, and Management Act. Each hazardous
waste management unit of a facility referred to in
the preceding sentence shall be required to obtain an
individual permit under section 3005(c) and the Ad-
ministrator may not issue a permit-by-rule for any
such facility. Each facility that processes or rerefines
any such used oil to produce a product that meets
the specifications set forth in subsection (a)(2)(A) of
this section shall maintain records of volumes and
constituent concentrations of incoming used oil and
outgoing recycled oil and documentation to dem-
onstrate to the satisfaction of the Administrator that
compliance with such specifications have been
achieved without blending used oil with virgin oil or
with any other solid waste or other material.
‘‘(2) EXPEDITED PERMITTING.—The Adminis-
trator shall promulgate regulations to develop modi-
fied procedures to expedite the issuance of permits
to used oil recycling facilities referred to in para-
graph (1) where such facilities consist primarily of
tank and container units and where such permitting
does not involve decisions and determinations on
site-specific matters (including, but not limited to
decisions on post-closure care, corrective action, or
other remediation).
‘‘(f) USED OIL CREDIT SYSTEM.—The Administrator
shall promulgate rules under this subsection establishing
a mandatory recycling program for used oil to require pro-
ducers and importers of lubricating base stock to reuse
or guarantee the reuse of an annually increasing percent-
age of used lubricating oil. The program shall include the
establishment of a system of economic credits to imple-
ment such program. Such percentage for the first year of
this program shall be equal to the percentage which is 2
percent higher than the percent of used oil that was
rerefined into lubricating base stock or processed for en-
ergy recovery during the last calendar year ending prior
to the enactment of this Act and shall increase each year
for no fewer than 10 subsequent years at least an
additional 2 percent per year.
‘‘(g) USED OIL COLLECTION PROGRAMS.—In order
to encourage used oil collection the Administrator shall re-
quire States to provide economic and other incentives to
retailers and other persons who collect, or otherwise ac-
cept, used oil from persons exempt from regulation under
this title pursuant to subsection (b)(2)(A) or from persons
engaged in the curbside pickup or transportation of used
oil which is exempt from this subtitle pursuant to sub-
section (b)(2)(B) where such retailer or other person col-
lecting or accepting the used oil does not impose a charge
on such persons for such collection or receipt. Each State
shall establish a program under this subsection which shall
include the imposition of fees in the amount of 5 cents
per quart on refined or re-refined lubricating base stock
sold or transferred in the State or imported into the State
for sale at retail in the State. No fee shall be required
for oil for which a fee has previously been imposed in any
State. The fee shall be paid by the person or entity who
first packages, distributes, or sells lubricating oil for use
in the State. Each such State shall use the revenues de-
rived from such fees to improve State and local used oil
collection efforts described in this subsection. A State may
also establish a system, in conjunction with a nonprofit
organization, to certify used oil collection sites which com-
ply with the requirements of this section as participants
in an ‘Environmentally Beneficial Used Oil Collection
Program.’.
‘‘(h) DEFINITIONS.—As used in this section—
‘‘(1) USED
OIL
COLLECTION
CENTER.—The
term ‘used oil collection center’ means any site at
which used oil is accepted from other persons and
temporarily stored or any site at which used oil is
removed from motor vehicles and temporarily stored,
including service stations, fleet maintenance facilities
and community recycling facilities. The term ‘used
oil collection center’ shall not include any site that
generates used oil as a household waste or any facil-
ity at which used oil is stored by a transporter sub-
ject to subsection (d) or a facility subject to sub-
section (e). The Administrator may limit this defini-
tion in terms of the maximum volume stored as may
be necessary.
‘‘(2) USE
OF
TERMS ‘RECYCLE’ AND ‘RECY-
CLING’.—The terms ‘recycle’ and ‘recycling’ do not
include burning for heat, energy, disposal or for any
other purpose.
‘‘(i) EFFECTIVE DATE.—The requirements of this
section applicable to the management of used oil and the
requirements of any regulations promulgated under this
section shall take effect on the date 18 months after the
enactment of the National Waste Reduction, Recycling,
and Management Act, except that the Administrator may
extend such effective date for not more than an additional
24 months in order to provide adequate opportunity for
facilities engaged in the recycling, burning, re-refining,
and storage of used oil to come into compliance with such
requirements.’’.
(2) The item relating to section 3014 in the table of
contents for subtitle C of the Solid Waste Disposal Act
is amended to read as follows:
‘‘Sec. 3014. Management of used oil.’’.
(c) PROCUREMENT OF RE-REFINED OIL.—Section
6002(c) of the Solid Waste Disposal Act is amended by
adding the following after paragraph (3):
‘‘(4) Each procuring agency shall submit a report to
the Administrator on the procuring agency’s annual review
and monitoring of the effectiveness of its re-refined oil
procurement program, as set forth in 40 C.F.R. section
252.24. The Administrator shall submit a report to Con-
gress summarizing these reports by October 1 of each
year, starting with October 1, 1992.’’.
(d) AMENDMENT OF CERCLA.—Section 114(c)(1)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (Superfund) is
amended to read as follows:
‘‘(c) USED OIL.—
‘‘(1) SERVICE
STATION
DEALERS, ETC.—No
person (including the United States or any State)
may bring an action under the authority of sub-
section (a)(3) or (a)(4) of section 107 against a
service station dealer for any response costs or dam-
ages resulting from a release or threatened release
of used oil, or use the authority of section 106
against a service station dealer other than a person
described in subsection (a)(1) or (a)(2) of section
107, if such used oil—
‘‘(A) is not mixed with any other hazard-
ous waste, and
‘‘(B) is stored, treated, transported, or
otherwise managed in compliance with regula-
tions or standards promulgated pursuant to
section 3014 of the Solid Waste Disposal Act
and other applicable authorities.
Nothing in this paragraph shall affect or modify in
any way the obligations or liability of any person
under any other provision of State or Federal law,
including common law, for damages, injury, or loss
resulting from a release or threatened release of any
hazardous substance or for removal or remedial ac-
tion or the costs of removal or remedial action. For
the purpose of subsection (c)(1)(A), no used oil shall
be deemed to be mixed with hazardous waste by rea-
son of its halogen content if it contains less than
3,000 ppm halogens.’’.
(e) DEFINITION.—Section 101(37) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 is amended to read as follows:
‘‘(37)(A) The term ‘service station dealer’
means any person—
‘‘(i) who owns or operates a motor vehicle
service station, filling station, garage, or similar
retail establishment engaged in the business of
selling, repairing, or servicing motor vehicles or
parts, where a significant percentage of the
gross revenue of the establishment is derived
from the fueling, repairing, servicing, or sale of
parts for motor vehicles, and
‘‘(ii) who accepts for collection, accumula-
tion, and delivery to an oil recycling facility,
used oil that (I) has been removed from the en-
gine of a light duty motor vehicle or household
appliances by the owner of such vehicle or ap-
pliances, and (II) is presented, by such owner,
to such person for collection, accumulation, and
delivery to an oil recycling facility.
‘‘(B) For purposes of section 114(c), the term
‘service station dealer’ shall, notwithstanding the
provisions of subparagraph (A), include any govern-
ment agency that establishes a facility solely for the
purpose of accepting used oil that satisfies the cri-
teria set forth in subclauses (I) and (II) of subpara-
graph (A)(ii) and, with respect to used oil that satis-
fies the criteria set forth in subclauses (I) and (II),
owners or operators of refuse collection services who
are compelled by State law to collect, accumulate,
and deliver such oil to an oil recycling facility.
‘‘(C) The President shall promulgate regula-
tions regarding the determination of what con-
stitutes a significant percentage of the gross reve-
nues of an establishment for purposes of this para-
graph.’’.
Æ
HR 1358 IH——2