Oil Recycling Incentives Act

Oil Recycling Incentives Act - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from identifying used oil or affiliated materials as hazardous wastes under the Solid Waste Disposal Act. Defines "affiliated materials" as used oil filters and any materials used for cleaning up after changing oil that are contaminated with used oil. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste.

Directs the Administrator to promulgate regulations for persons who generate, store, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry.

Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil.

Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations.

Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits.

Directs the Administrator to promulgate regulations for exempt refineries that recycle used oil as necessary to protect human health and the environment. Sets forth minimum requirements for such regulations.

Requires used oil disposal and affiliated material regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the mixture is stored, treated, or disposed of at a permitted facility.

Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Sets forth permit requirements. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and at which the amount of refined used oil is equal to no more than the amount of used oil that the owner is required to recycle and the used oil contains less than a specified amount of halogens; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually.

Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities.

Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers.

Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline.

Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling.

Authorizes appropriations.

Sets forth labeling requirements for oil packages and oil filters to encourage the return of used oil to collection centers. Requires States to develop plans for making information available to the public about recycling of used oil and oil filters. Directs the Administrator to establish a toll-free telephone line to give out information about State used oil recycling programs.

Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased.

Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years.

Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil.

Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.