A date that depends on the state
On this page11
The release response paragraph has a trigger with two conditions
It applies on detection of a release of used oil to the environment that is not subject to the underground storage tank release requirements, and which has occurred after a particular date.
And that date is defined by reference to a state program
The effective date of the recycled used oil management program in effect in the State in which the release is located. So the federal duty begins on a date that varies by state.
Which is unusual among the rules described in this library
Almost all of them carry a single national date. June 1, 2018 for the composite wood standards. A commencement in the Federal Register for the textile rules.
Here the commencement is delegated
The paragraph is federal and its start is local. Which is a drafting choice that matches how used oil is actually regulated, through state programs operating under a federal framework.
The first condition is a carve-out rather than a scope
A release that is subject to the underground storage tank release requirements is handled there instead. So the paragraph covers what the tank rules do not, which is the same gap-filling role the condition requirement plays.
That pattern runs through the whole section
It opens by naming two other regimes, it carves out releases that belong to one of them, and it dates itself against a state program. The section is written as the remainder after other rules have taken their parts.
Which makes it short and makes it apply widely
A rule that assumes the specialized cases are handled elsewhere can afford to say very little, and what it says then reaches every ordinary drum in every ordinary workshop.
And it is why the container requirements are so plain
Condition and two words is what remains when the engineering has been dealt with by the tank standards and the spill planning by part 112.
For a packaging catalog there is one transferable observation here
The shortest requirements in a regulatory scheme are often the ones with the widest reach, because they are what is left after the specific cases have been carved out.
Nothing on these pages states what any state program requires
That varies and it is not in this record. The pages describe the federal paragraph and say plainly that its start date is defined elsewhere.