Summary: H.R.5276 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.5276. Bill summaries are authored by CRS.

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Introduced in House (05/28/1992)

Used Oil Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the listing or identification of used oil destined for recycling, used oil to be burned for energy recovery, recycled oil, or affiliated material as hazardous wastes. Requires the Administrator of the Environmental Protection Agency to: (1) promulgate regulations for the management of used oil and to encourage recycling of such oil; and (2) take into account the effect of such regulatons on small businesses. Exempts from such regulations used oil generated, collected, or stored by an individual who removes oil from the engine of a motor vehicle, aircraft, household appliance, or item of domestic equipment if owned by such individual and used only for personal purposes.

Sets forth regulation requirements for used oil generators, including to: (1) prohibit the storage of used oil in an underground tank unless it meets specified requirements of the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) make used oil in above ground tanks subject to the Spill Prevention and Countermeasure Control Plan requirements of the Federal Water Pollution Control Act; and (4) require owners or operators of such tanks or other used oil containers to notify the Administrator of releases of used oil in excess of 25 gallons and to clean up such releases and comply with closure or disposal requirements.

Authorizes the transfer of used oil by generators only to: (1) a permitted used oil recycling facility or a burner of used oil for energy recovery that complies with specifed regulations; (2) a permitted hazardous waste management facility; or (3) a used oil transporter obligated by contract to deliver used oil to another such transporter or to one of the aforementioned facilities. Sets forth recordkeeping requirements for generators, transporters, and recyclers and requires records to be maintained for at least three years.

Applies used oil storage and transfer requirements for generators to transporters, except permits transporters to store such oil for only 60 days before transferring it to another transporter or authorized facility. Requires transporters to: (1) comply with all requirements of the Secretary of Transportation for the shipping of used oil; (2) comply with financial responsibility requirements of the Hazardous Materials Transportation Act; and (3) have identification numbers provided by the Administrator.

Sets forth regulation requirements for recyclers of used oil. Exempts from regulations used oil generated by: (1) petroleum refining or exploration, production or transportation facilities, or bulk terminals which is to be refined or processed along with normal process streams at a refining facility; and (2) a manufacturer or processor or by an electric or gas utility that is processed, reclaimed, or refined by such generator or its parent, subsidiary, or corporate affiliate, provided that the oil is reused by such entities and such activities meet certain storage, shipping, financial responsibility, contingency, and release detection requirements under this Act.

Applies storage requirements similar to those for generators and transporters to recyclers, as well as requiring: (1) aboveground storage tanks and containers of used oil recyclers to comply with hazardous waste storage standards; (2) recyclers to maintain contingency plans to minimize unanticipated damage from used oil; (3) recyclers to comply with requirements for maintenance and operation of used oil recycling facilities and training of personnel; (4) detection of releases of used oil at recycling facilities and cleanup; (5) testing by recyclers, prior to processing, of all used oil received for levels of arsenic, cadmium, chromium, lead, halogens, polychlorinated biphenyls (PCBs), and other materials, as appropriate, and for the testing of fuel for such materials before it leaves the facility; (6) the separate storage of used oil contaminated with any hazardous waste for a specified time period; (7) financial responsibility equivalent to that required for hazardous waste facilities; and (8) class permits for recycling facilities.

Requires the Administrator to conduct annual inspections of used oil recycling facilities to determine compliance with permit requirements. Makes a facility ineligible to apply for a permit if: (1) the facility has utilized any pit, pond, lagoon, or other surface impoundment for containing used oil; and (2) there has been a release from such impoundments which requires corrective action or is otherwise subject to post closure care requirements. Permits States to be authorized by the Administrator to carry out permit programs.

Prohibits: (1) the placement of used oil in such impoundments or in any uncovered tank; (2) the mixing of used oil with a hazardous waste unless the mixture is managed as a hazardous waste; and (3) the use of used oil as a dust suppressant. Requires the Administrator to promulgate regulations for the closure of such impoundments and tanks containing used oil, to include requirements for: (1) corrective action or postclosure care; (2) allowable fuel specification levels for lead and halogens for the burning of used oil for energy recovery; and (3) lead levels for the burning of industrial specification used oil. Requires oil fuels failing to meet lead limitations to be burned in specified facilities.

Directs the Administrator to implement education activities to inform the public about the hazards associated with the improper handling and disposal of used oil and the benefits derived from legitimate used oil recycling. Authorizes appropriations.

Requires the Administrator to publish guidelines to assist State and local governments and other public service organizations in the development of used oil collection programs.

Makes used oil generators who comply with this Act eligible for an exclusion from cost recovery authorities of the Comprehensive Environmental Response, Compensation and Liability Act.

Directs the Administrator to propose regulations establishing guidelines for the procurement of used oil by Federal agencies and other governmental entities.