United States             Solid Waste and
                      Environmental Protection       Emergency Response           EPA530-F-92-006
                      Agency                 (OS-305)                   May 1992

                      Office of Solid Waste
&EPA         Environmental
                      Fact Sheet
                      No Hazardous Waste Listing for
                      Used Oil that Is Being Disposed

                         The Environmental Protection Agency (EPA) has determined that
                      listing of used oil as hazardous waste is not necessary because the
                      toxicity characteristic (TC) rule controls the disposal of hazardous waste.
                      The Agency believes this approach is the most practical one for protecting
                      human health and the environment while encouraging and promoting
                      recycling of this valuable resource.


        Background
          In November 1985, EPA proposed to list all used oils as hazardous
        waste. Due to the potential stigma that might be attached to a hazardous
        waste, EPA issued a decision in 1986 not to list as hazardous used oil that
        is being recycled. The Agency thought that listing could discourage
        recycling, resulting in increased incidences of improper disposal of used oil.
          TTie basis for the 1986 rule was legally challenged in 1988. The court
        ruled that EPA had to make a listing decision based on the statutory
        criteria which relate to whether a material is toxic. Subsequently, the
        Agency re-evaluated the basis for making a listing determination for used
        oil, and issued a Supplemental Proposal in September 1991 that presented
        three options for listing used oil,  and proposed exempting used oil filters
        from hazardous waste regulation.

        Action
          The Agency has determined  that it is unnecessary to list used oil
        being disposed of as hazardous waste.  Further, EPA determined that
        crushed or drained used oil filters are not hazardous and need not be
        regulated when  recycled or disposed.
          Used Oil. EPA has been collecting and analyzing data on the
        composition of various types of used oils since 1988. The Agency believes it
        is also important to consider the  effects of other regulations issued since
        that time. EPA has issued regulations on hazardous waste storage tanks
        and underground storage tanks.  The 1973 Spill Prevention Control
        Counter-measure requirements are being revised per the Oil Pollution Act of
        1990. The toxicity characteristic CTC) rule, issued in 1990, subjected many

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more wastes to federal hazardous waste regulations, including used oil
being disposed.
   Relying on existing laws and regulations, the Agency has revised some
of its conclusions. EPA recognizes the variability of constituent
concentrations between different used oil streams, and believes it is not
appropriate to list used oil as hazardous. The Agency also believes that
used oil which becomes hazardous through use or adulteration can be
controlled through the TC when it is destined for disposal. Therefore, this
rule makes the determination that listing of used oil as hazardous waste is
not necessary since the toxicity characteristic rule controls the disposal of
hazardous solid waste.
   The TC provides regulatory limits on lead, benzene, and other
contaminants that may be present when used oil is produced. Under
current regulations, a used oil handler must determine (through testing or
knowledge) that the used oil does not exceed the regulatory limits for TC
constituents. Used oil that fails the TC must be disposed according to
hazardous waste regulations. Used oil that does not exceed the toxicity
characteristic is not a hazardous waste.
   Used Oil Rlters. As proposed in September 1991, the Agency has
determined that properly drained used oil filters do not exhibit the toxicity
characteristic. Therefore, it is not necessary to list used oil filters as a
hazardous waste. EPA continues to encourage recycling of used oil
removed from filters, and recycling of the filters and their components

Contact
   For additional information or to order a copy of the Federal Register
notice, contact the RCRA Hotline, Monday-FYiday, 8:30 a.m. to 7:30 p.m.
EST. The national, toll-free number is (800) 424-9346; TDD (800) 553-
7672 (hearing impaired); in Washington, D.C., the number is (703) 920-
9810, TDD (703) 486-a323.
   Copies of documents applicable to this rulemaking may be obtained by
writing: RCRA Information Center (RIG), U.S. Environmental Protection
Agency, Office of Solid Waste (OS-305), 401 M Street SW, Washington, D.C.
20460.

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