I
104TH CONGRESS
1ST SESSION
H. R. 189
To amend the Solid Waste Disposal Act and the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (Superfund)
to provide for the recycling and management of used oil and to reduce
emissions of lead into the ambient air, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mrs. COLLINS of Illinois introduced the following bill; which was referred to
the Committee on Commerce and, in addition, to the Committee on
Transportation and Infrastructure, and for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Solid Waste Disposal Act and the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (Superfund) to provide for the recycling
and management of used oil and to reduce emissions
of lead into the ambient air, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Oil Recycling and Safe
Handling Act of 1995’’.
SEC. 2. MANAGEMENT OF USED OIL.
(a) DEFINITION OF USED OIL.—Section 1004(36) of
the Solid Waste Disposal Act is amended to read as fol-
lows:
‘‘(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 Oil Recycling and Safe Handling Act of
1995, the Administrator shall promulgate regula-
tions 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 Oil Recycling and Safe Han-
dling Act of 1995. Each hazardous waste manage-
ment unit of a facility referred to in the preceding
sentence shall be required to obtain an individual
permit under section 3005(c) and the Administrator
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 speci-
fications set forth in subsection (a)(2)(A) of this sec-
tion shall maintain records of volumes and constitu-
ent concentrations of incoming used oil and outgoing
recycled oil and documentation to demonstrate 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 the Oil Recycling and Safe Handling
Act of 1995 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