SEPA
Si«t«*
Environmental Protection
O«'C« of
Solid
R«toon««
DIRECTIVE NUMBER: 9^90.00-2
TITLE: Used Oil Recycling Act of 1980 (P.L. 96-1*63)
(PIG-81-5)
APPROVAL DATE: ii-H»-8o
EFFECTIVE DATE: ii-iU-8o
ORIGINATING OFFICE: Office of Solid Waste
II FINAL
D DRAFT
STATUS:
t J
A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
[ ] C- For review 4/or comment
[ ] D- In development or circulating
REFERENCE (other documenti): headquarters
'E DIRECTIVE DIRECTIVE D
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unnco oUtcs environments! Protection Aoency
Washington. DC 20460
QSWER Directive Initiation Request
1. Directive Number
91*90.00-2
2. Originator Information
Name of Contact Person
James Michael
Mail Code
WH-563
Office
osw
Telephone Code
(202) 382-2231
3. Title
Used Oil Recycling Act of 1980 (P.L. 96-1*63) (PIG-Sl-5)
4. Summary of Directive (include brief statement of purpose)
Memo answers the following': How will the Used Oil Recycling Act of 1980
(P.L. 96-1*63) affect the Subtitle D State solid waste management plans?
5. Keywords
plan/Used Qil
6a. Does This Directive Supersede Previous Directive(s)?
b. Does It Supplement Previous Directive(s)?
No
X No
Yes What directive (number, title)
Yes 'What directive (number, title)
7. Draft Level
A - Signed by AA/DAA
8 - Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
Yes
X
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
10. Name and Title of Approving Official
Steffen Plehn, Deputy Assistant
Administrator, Solid Waste
Date
Date
ll/ll*/8o
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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PIC 81 5
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
CV ' : :;>=Q PIG-81-5
MEMORANDUM
SUBJECT: Used Oil Recycling Act of 1980 (P.L. 96-^63)
FROM:
Steffen W. Plehn
Deputy Assistant
for Solid Waste
TO:
R. Sarah Compton
Deputy Assistant
for Water Enforcement
PIGS Addressees
Issue
How will the Used Oil Recycling Act of 1980 (P.L. 96-U63)
affect the Subtitle D State solid waste management plans?
Discus sion
On October 15, 1980, the "Used Oil Recycling Act of 1980"
(P.L. 96-U63) was enacted. This Act, which amends the Solid
Waste Disposal Act, includes provisions which:
Define the terms "used oil;" "recycled oil;"
"lubricating oil;" and "re-refined oil."
Direct the Federal Trade Commission (FTC) to
remove and prevent any biased labeling require-
ments on re-refined oil.
Provide for the establishment of discretionary
oil recycling programs within the existing State
solid v&ate management planning process under
Subtitle D of RCRA.
Provide for technical assistance to the States
to address issues regarding oil recycling.
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Require the EPA to develop standards for the
recycling of used oil and to determine vhether used
oil is subject to the hazardous vaste requirements
under Subtitle C of RCRA.
Require the EPA, in cooperation with the Department
of Energy (DOE), Federal Trade Commission (FTC),
and the Department of Commerce (DOC), to study the
environmental concerns and the collection cycle of
used oil and to analyze the supply and demand in the
used oil industry. In addition, the comparison of
energy savings associated with the re-refining of oil
and the development of policies at the Federal, State
and local levels to encourage the recycling of used
oil are to be addressed.
Since the passage of the "Used Oil Recycling Act of 1980"
many questions have been raised concerning the impact of this
Act on the Subtitle C and Subtitle D programs. The majority of
these questions have been in regard to the discretionary plan
(Subtitle D) provisions relating to recycled oil. Section U003(b)
provides that any State plan submitted under Subtitle D may in-
clude, at the State's option, provisions to carry out each of
the following:
"(l) Encouragement to the maximum extent feasible and
consistent with the protection of the public health and
the environment, of the use of recycled oil in all appro-
priate areas of State and local government.
(2) Encouragement of persons contracting with the State
to use recycled oil to the maximum extent feasible, con-
sistent with protection of the public health and the en-
vironment •
(3)
Informing the public of the uses of recycled oil.
Establishment and implementation of a program (includ-
ing any necessary licensing of persons and including the
use, where appropriate, of manifests) to assure that used
oil is collected, transported, treated, stored, reused
and disposed of, in a manner which does not present a
hazard^ to the public health or environment."
Section l*008(f) further provides that the Administrator
may make grants to States, which have a State plan approved
under Section U007, or which have submitted a State plan
for appToval under such section, where such- plan- includes
the discretionary provisions for recycled oil described above in
Section 4003(b). These grants would be for the purpose of assist-
ing the States in carrying out the discretionary provisions but
could not be used for construction or for the acquisition of land
or equipment.
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Finally, there are authorized to be appropriated $5,000,000
for fiscal year 1982 and $5,000,000 for fiscal year 1933. No
funds are authorized for fiscal year 198l, and funds for fiscal
years 1982 and 1983 have.not yet been appropriated.
Decision
To obtain approval under Section 1*007, State plans need not
include the discretionary provisions of Section 1*003 (b).
However, to be eligible for possible financial assistance in
carrying out the discretionary provisions, the State solid
waste management plan, including the discretionary provisions,
must be approved under Section 1*007, or must have been submitted
for approval.
States considering the submission of a discretionary plan
for recycled oil must do so in accordance with Section U003(b).
The discretionary provisions must be incorporated into the State
solid waste management plan which is to be developed pursuant to
Section if002(b). Subpart D of 1*0 CFR Part 256, "Guidelines for
for Development and Implementation of State Solid Waste Management
Plans" sets forth additional requirements and recommendations for
developing and implementing resource conservation and recovery
programs. The deadline for submission of State plans for approval
under Section 1*007 is January 31, 198l. States may subsequently
amend their plans' to include these discretionary provisions (See
UO CFR 256.03).
Should funds be appropriated for such grants in fiscal year 1982
or fiscal year 1983, States meeting the eligibility requirements may
apply for financial assistance to carry out the discretionary provision;
We intend to address this program in the "Guidance for the Develop-
ment of State Work Programs for Fiscal Year 1982 under the Resource Con-
servation and Recovery Act (RCRA)."
Further questions should be directed to: Mr. James Michael
(WH-563), State Programs Branch, State Programs and Resource Re-
covery Division, Office of Solid Waste; telephone (202) 755-91^5.
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