Page:United States Statutes at Large Volume 98 Part 3.djvu/887

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3259

promulgating such regulations with respect to generators, the Administrator shall take into account the effect of such regulations on environmentally acceptable types of used oil recycling and the effect of such regulations on small quantity generators and generators which are small businesses (as defined by the Administrator). "(B) The regulations promulgated under this subsection shall provide that no generator of used oil which is exempt under paragraph (1) from the standards promulgated under section 3001(d), 3002, and 3003 shall be subject to any manifest requirement or any associated recordkeeping and reporting requirement with respect to such used oil if such generator— "(i) either— "(I) enters into an agreement or other arrangement (including an agreement or arrangement with an independent transporter or with an agent of the recycler) for delivery of such used oil to a recycling facility which has a permit under section 3005(c) (or for which a valid permit is deemed to be in effect under subsection (d)), or "(11) recycles such used oil at one or more facilities of the generator which has such a permit under section 3005 of this subtitle (or for which a valid permit is deemed to have been issued under subsection (d) of this section); "(ii) such used oil is not mixed by the generator with other types of hazardous wastes; and "(iii) the generator maintains such records relating to such used oil, including records of agreements or other arrangements for delivery of such used oil to any recycling facility referred to in clause (i)(I), as the Administrator deems necessary to protect human health and the environment. "(3) The regulations under this subsection regarding the transportation of used oil which is exempt from the standards promulgated under section 3001(d), 3002, and 3003 under paragraph (1) shall require the transporters of such used oil to deliver such used oil to a facility which has a valid permit under section 3005 of this subtitle or which is deemed to have a valid permit under subsection (d) of this section. The Administrator shall also establish other standards for such transporters as may be necessary to protect human health and the environment. "(d) PERMITS.—(1) The owner or operator of a facility which recycles used oil which is exempt under subsection (c)(D, shall be deemed to have a permit under this subsection for all such trcsatment or recycling (and any associated tank or container storage) if such owner and operator comply with standards promulgated by the Administrator under section 3004; except that the Administrator may require such owners and operators to obtain an individual permit under section 3005(c) if he determines that an individual permit is necessary to protect human health and the environment. "(2) Notwithstanding any other provision of law, any generator who recycles used oil which is exempt under subsection (c)(1) shall not be required to obtain a permit under section 3005(c) with respect to such used oil until the Administrator has promulgated standards under section 3004 regarding the recycling of such used oil.". (b)(1) Section 7006(b) is amended by inserting after "3005" the following "(or in modifying or revoking any permit which is deemed to have been issued under section 3012(d)(l))".

Regulations. Ante, p. 3248; 42 u s e 6922, 6923.

Ante, pp. 3241, 3242.

Regulations.

42 USC 6924.

42 USC 6976.