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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