---
kind: "section"
citation: "42 U.S.C. § 6935"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6935"
heading: "Restrictions on recycled oil"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6935"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter III — Hazardous Waste Management"
---

# §6935. Restrictions on recycled oil

- (a) **In general—** Not later than one year after October 15, 1980, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing such performance standards and other requirements as may be necessary to protect the public health and the environment from hazards associated with [recycled oil](/usc/42/6903.md?p=37). In developing such regulations, the [Administrator](/usc/42/6903.md?p=1) shall conduct an analysis of the economic impact of the regulations on the oil recycling industry. The [Administrator](/usc/42/6903.md?p=1) shall ensure that such regulations do not discourage the recovery or recycling of [used oil](/usc/42/6903.md?p=36), consistent with the protection of human health and the environment.
- (b) **Identification or listing of used oil as hazardous waste—** Not later than twelve months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall propose whether to list or identify used automobile and truck crankcase oil as [hazardous waste](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md). Not later than twenty-four months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall make a final determination whether to list or identify used automobile and truck crankcase oil and other [used oil](/usc/42/6903.md?p=36) as [hazardous wastes](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md).
- (c) **Used oil which is recycled—**
  - (1) With respect to generators and transporters of [used oil](/usc/42/6903.md?p=36) identified or listed as a [hazardous waste](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md), the standards promulgated under section[^1] 6921(d), 6922, and [6923](/usc/42/6923.md) of this title shall not apply to such [used oil](/usc/42/6903.md?p=36) if such [used oil](/usc/42/6903.md?p=36) is recycled.
  - (2)
    - (A) In the case of [used oil](/usc/42/6903.md?p=36) which is exempt under [paragraph (1)](#c-1), not later than twenty-four months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate such standards under this subsection regarding the generation and transportation of [used oil](/usc/42/6903.md?p=36) which is recycled as may be necessary to protect human health and the environment. In promulgating such regulations with respect to generators, the [Administrator](/usc/42/6903.md?p=1) shall take into account the effect of such regulations on environmentally acceptable types of [used oil](/usc/42/6903.md?p=36) recycling and the effect of such regulations on small quantity generators and generators which are small businesses (as defined by the [Administrator](/usc/42/6903.md?p=1)).
    - (B) The regulations promulgated under this subsection shall provide that no generator of [used oil](/usc/42/6903.md?p=36) which is exempt under [paragraph (1)](#c-1) from the standards promulgated under section[^1] 6921(d), 6922, and [6923](/usc/42/6923.md) of this title shall be subject to any [manifest](/usc/42/6903.md?p=12) requirement or any associated recordkeeping and reporting requirement with respect to such [used oil](/usc/42/6903.md?p=36) 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](/usc/42/6903.md?p=36) to a recycling facility which has a permit under [section 6925(c) of this title](/usc/42/6925.md?p=c) (or for which a valid permit is deemed to be in effect under [subsection (d)](#d)), or
        - (II) recycles such [used oil](/usc/42/6903.md?p=36) at one or more facilities of the generator which has such a permit under [section 6925 of this title](/usc/42/6925.md) (or for which a valid permit is deemed to have been issued under [subsection (d)](#d) of this section);
      - (ii) such [used oil](/usc/42/6903.md?p=36) is not mixed by the generator with other types of [hazardous wastes](/usc/42/6903.md?p=5); and
      - (iii) the generator maintains such records relating to such [used oil](/usc/42/6903.md?p=36), including records of agreements or other arrangements for delivery of such [used oil](/usc/42/6903.md?p=36) to any recycling facility referred to in [clause (i)(I)](#c-2-B-i-I), as the [Administrator](/usc/42/6903.md?p=1) deems necessary to protect human health and the environment.
  - (3) The regulations under this subsection regarding the transportation of [used oil](/usc/42/6903.md?p=36) which is exempt from the standards promulgated under section[^1] 6921(d), 6922, and [6923](/usc/42/6923.md) of this title under [paragraph (1)](#c-1) shall require the transporters of such [used oil](/usc/42/6903.md?p=36) to deliver such [used oil](/usc/42/6903.md?p=36) to a facility which has a valid permit under [section 6925 of this title](/usc/42/6925.md) or which is deemed to have a valid permit under [subsection (d)](#d) of this section. The [Administrator](/usc/42/6903.md?p=1) shall also establish other standards for such transporters as may be necessary to protect human health and the environment.
- (d) **Permits—**
  - (1) The [owner](/usc/42/13641.md?p=4) or operator of a facility which recycles [used oil](/usc/42/6903.md?p=36) which is exempt under [subsection (c)(1)](#c-1), shall be deemed to have a permit under this subsection for all such [treatment](/usc/42/6903.md?p=34) or recycling (and any associated tank or container [storage](/usc/42/6903.md?p=33)) if such [owner](/usc/42/13641.md?p=4) and operator comply with standards promulgated by the [Administrator](/usc/42/6903.md?p=1) under [section 6924 of this title](/usc/42/6924.md); except that the [Administrator](/usc/42/6903.md?p=1) may require such [owners](/usc/42/13641.md?p=4) and operators to obtain an individual permit under [section 6925(c) of this title](/usc/42/6925.md?p=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](/usc/42/6903.md?p=36) which is exempt under [subsection (c)(1)](#c-1) shall not be required to obtain a permit under [section 6925(c) of this title](/usc/42/6925.md?p=c) with respect to such [used oil](/usc/42/6903.md?p=36) until the [Administrator](/usc/42/6903.md?p=1) has promulgated standards under [section 6924 of this title](/usc/42/6924.md) regarding the recycling of such [used oil](/usc/42/6903.md?p=36).

## Footnotes

[^1]: So in original. Probably should be “sections”.

## Source credit

(Pub. L. 89–272, title II, § 3014, formerly § 3012, as added Pub. L. 96–463, § 7(a), Oct. 15, 1980, 94 Stat. 2057, and renumbered and amended Pub. L. 98–616, title II, §§ 241(a), 242, title V, § 502(g)(1), Nov. 8, 1984, 98 Stat. 3258, 3260, 3277.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 6932 of this title.

### Amendments

1984—Subsec. (a). Pub. L. 98–616, §§ 241(a), 242, designated existing provisions as subsec. (a) and inserted “, consistent with the protection of human health and the environment” at end.

Subsecs. (b) to (d). Pub. L. 98–616, § 241(a), added subsecs. (b) to (d).

### Executive Documents

### Transfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.