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 Pro-
gram.’.
‘‘(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 Oil Recycling and Safe Handling Act of
1995, except that the Administrator may extend such ef-
fective date for not more than an additional 24 months
in order to provide adequate opportunity for facilities en-
gaged in the recycling, burning, re-refining, and storage
of used oil to come into compliance with such require-
ments.’’.
(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 189 IH——2