Solid Waste and
                    tmergency Response
                    (OS-305)
EP/530-F-92-018
August 1992
       Environmental
       Fact Sheet
                                   s
        B°ecycd Used Oil-No Hazardous
        Waste Listing
                               on the
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 generators are military motorpools; taxi, bus, and delivery companies;
 and shipyards. People who change their own oil (do-it-yourselfers) are
 not covered, nor are farmers who generate an average of 25 gallons or
 less of used oil per month in a calendar year. Approximately 700,000
 facilities qualify as generators.
    Generators simply must:
    •  Keep storage tanks and containers in good condition;
    •  Label storage tanks, "used oil";
    •  Clean up any used-oil spills or leaks to the environment; and
    •  Use a transporter with an EPA identification (ID) number when
      shipping used oil off-site.

    Service station dealers that comply with these requirements, that
 send used oil  for recyclng, and that accept used oil from do-it-
 yourselfers are not liable for emergency response costs or damages
 resulting from threatened or actual releases of used oil from
 subsequent handling of the oil. EPA believes relief from this particular
 regulatory burden will encourage more service station dealers to collect
 used oil, thereby increasing used oil recycling by the consumer sector.
 Requirements for Processors and Re-refiners

    Used oil processors and re-refiners handle and store large quantities
 of used oil for a wide variety of purposes.  Consequently, data suggest
 that damage from  mismanagement of used oil at these facilities is not
 uncommon, and that stronger controls are necessary. Approximately
 300 facilities must comply with these management standards.
    Requirements for these facilities  include:
    •  Obtaining an EPA ID number and notifying the Agency of any
      activities concerning used oil;
    •  Maintaining storage tanks and containers in good
      condition, and labeling them "used  oil";
    •  Processing and storing used oil in areas with oil-impervious
      flooring  and secondary containment structures (such as berms,
      ditches, or retaining walls);
    •  Clean up any used oil spills or leaks to the environment;
    •  Preparing a plan and a schedule for testing used oil for halogen
      content;
    •  Tracking incoming used oil and out-going recycled used oil
      products;
   •  Maintaining certain records and biennial reporting;
   •  Managing used oil processing and re-refining residues safely; and
   •  Ensuring that the facility is properly closed when recycling
      operations cease.
Requirements for Transporters, Collectors, and
Burners of Off-Specification Used  Oil

   A used oil transporter or collector is any person who transports
used oil to another site for recycling. Transfer facilities that are holding

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 areas, such as loading docks and parking and storage areas, must
 comply with the transporter requirements when used oil shipments are
 held for more than 24 hours in route to their final destination.
 Generators who transport less than 55 gallons of their own used oil are
 exempt from the transporter requirements.

   Approximately 400 transporters and collectors also must obtain an
 EPA ID number and notify the Agency of any activities concerning used
 oil; maintain storage tanks and containers in good condition, and label
 them "used oil"; process and store used oil in areas with oil-impervious
 flooring and secondary containment structures (such as berms or
 ditches); clean up any used oil spills or leaks to the environment; and
 track incoming used oil and out-going used oil. In addition,
 transporters and collectors must:
   •  Limit storage at transfer facilities to 35 days and
   •  Test waste in storage tanks that are no longer in service for
      hazardous characteristics,  and, if wastes are hazardous, close
      them according to existing  hazardous waste management
      requirements.

   Used oil burners must comply with the same storage requirements
 as transporters. Less than 1,000  facilities burn off-specification used
 oil. Standards for these burners are recodified from 40 CFR Part 266 to
 40 CFR Part 279. The Agency plans additional study  on used oil
 burned as fuel.

 Requirements for Used Oil Marketers

   Marketers of used oil were regulated in 1985. These standards are
 recodified from 40 CFR Part 266,  Subpart E to 40 CFR Part 279. There
 are no major changes to existing requirements.

 Conclusion
   In May 1992, EPA determined  that listing used oil destined for
 disposal as a hazardous waste was  unnecessary. Combined with that
 rule, this action fulfillS'EPA's statutory mandate under the Used Oil
 Recycling Act of 1980. These management standards—working in
 tandem with existing laws and regulations—effectively control potential
 risks while promoting used oil reycling.

 Contact
   For additional information or to order a copy of the Federal Register
 notice, contact the RCRA Hotline, Monday-Friday, 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) 486-3323.

   Copies of documents applicable to this rule may be obtained by
writing: RCRA Information Center (RIC), U.S. Environmental Protection
Agency, Office of Solid Waste (OS-305), 401 M Street SW, Washington
D.C. 20460.

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