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 ------- 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 ------- 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. ------- -2- 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. ------- • -3- 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. ------- |