United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(OS-305)
EPA/530-X-S
February 1994
94-X}CX
&EPA Used Oil Questions
and Answers
A Collection of Questions
Compiled by the Hotline
U.S. EPA Headquarters Libran
Mai! code 3201
1200 Pennsylvania Avenue NV f
Washington DC 20460
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>-**
RCRA, UST, Supertund. and EPCRA Hotline
(800) 424-9346
(703)412-0810
This document It prepared by Booz, Allen A Hamilton and submitted in
support of Contract No. 68-WO-0039.
EPA Projact Officer:
Carle VanHook Jasperw. (202) 260-7388
U.S. Environmental Protection Agency
Washignton, DC 20460
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INTRODUCTION
The Resource Conservation and Recovery Act (RCRA), Uncle-ground Storage
Tanks (UST), Superfund, and Emergency Planning and Community Right-to-
Rnow Act (EPCRA) Hotline was established to respond to inquiries from the
regulated community, the public, and others concerning waste management
and disposal regulations.
One of the regulatory areas addressed by RCRA is used oil management and
recycling. On September 10,1992, EPA published new recycled used oil
management standards in the Federal Register, This document is a
compilation of questions received on the Hotline, and their answers, during
the period of September 1992 through June 1993 dealing with these standards.
The questions are organized within the document by general topic headings
and indexed by key words.
While these questions and answers cover a wide variety of used oil issues, it
is important that the reader be aware of the purpose and limitations of this
document. It does not replace the regulations; instead, it augments them. For
a complete understanding of the new federal used oil management standards
under RCRA, the reader is directed to 40 CFR Part 279, the Federal Register
preamble associated with it (57 FR 41566, 58 FR 26420, and 58 FR 34977), and
any related guidance. In addition, to obtain a regulatory determination
regarding any specific scenario, the reader should contact his or her
enforcement agency. A list of used oil state contacts (updated through
February 1994) is included in Appendix I of this document
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TABLE OF CONTENTS
GENERAL 1
EFFECTIVE DATE/STATE AUTHORIZATION 1
APPLICABILITY 3
Definition 3
Mixtures 4
Diesel fuel 6
Recycling presumption 6
Recycling 7
Rebuttable presumption ,.7
Specification 9
DIYoil 10
Wastewaters 10
Pipelines 10
PCBs 10
TESTING 11
NOTIFICATION 11
STORAGE , 12
Secondary containment 13
Surface impoundments 14
GENERATORS 14
COLLECTION CENTERS AND AGGREGATION POINTS 15
TRANSPORTATION 16
PROCESSING 17
Filters 17
BURNING 18
MARKETERS 19
USE CONSTITUTING DISPOSAL 19
CERCLA INTERFACE 20
FILTERS .21
KEYWORD INDEX 23
APPENDIX I: Used Oil State Contacts 25
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GENERAL
1. What are the major provisions of the new recycled used oil management standards?
The major provisions are management standards for used oil handlers which include used oi
generators, used oil transporters, used oil processors and re-refiners, used oil marketers, and
burners of off-specification used oil.
2, What section of the hazardous waste regulations refers to the requirements for used oil in Part 279?
Under requirements for recyclable materials, §261.6(a)(4) exempts used oil that exhibits a
hazardous characteristic from regulation as hazardous waste and subjects it to Part 279 when
recycled. The Part 279 standards, though, apply to all used oil, characteristic or not
EFFECTIVE DATE/STATE AUTHORIZATION
3. What is the effective date of the new recycled used oil management standards?
o
on
tised
• standards bee ame
American £ amoa
As stated in the September 10,1992, Federal Register (57 PR 41604), §3014(a) is a RCRA provisi
that predates the 1984 amendments. This provision, which directs EPA to regulate recycled
oil, represents statutory authority for the Part 279 standards. As such, the new i
effective March 8,1993, in unauthorized states (Alaska, Hawaii, Iowa, Wyoming,
Northern Mariana Islands, Puerto Rico, and the Virgin Islands). In states that have already
received final authorization for the RCRA program, the rules will be applicable only after the state
program is revised to adopt equivalent standards (57 FR 41605). The only exception to this n igards
the standards for marketers arid burners which were essentially transferred from the existing
regulations in Part 266, Subpart E. These provisions continue to be effective in all states; the)
federally enforceable in states that have not adopted them and state and federally enforceabl»
those states that have received authorization for those sections. The following table illustrates i
concept.
are
tin
this
Status of State
Non-authorized
RCRA Base
Program
Authorized RCRA
Base Program
Non-authorized
Part 266, Subpart E
Authorized RCRA
Base Program
Authorized
Part 266, Subpart E
Before 3/8/93
40 CFR Part 266,
Subpart E is
Federally enforceable
40 CFR Part 266,
Subpart E is
Federally enforceable
40 Cf R Part 266,
Subpart E is state
and Federally
enforceable
As of 3/8/93
40 CFR Part 279 is Federally
enforceable
40 CFR Part 279, Subparts A-F and I
are not Federally enforceable until
state is granted authorization
40 CFR Part 279 Subparts G and H are
Federally enforceable
40 CFR Part 279, Subparts A-F and I
are not Federally enforceable until
state is granted authorization
40 CFR Part 279 Subparts G and H are
state and Federally enforceable*
40 CFR Part 279, Subparts C and H contain certain provisions which were not in Part 266, Subpart E. The state w fll
continue to enforce only those provisions for which it obtained authorization.
Used Oil Questions and Answ ars
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Page 2
4. Will a state that is authorized for the provisions in Part 266, Subpart E, lose its authorization for this
when it is removed and replaced with the Part 279 requirements?
States that are authorized for Part 266, Subpart E are automatically authorized for the equivalent
provisions in Part 279, Subparts G and H. As of March 8,1993, Part 266, Subpart E has been
removed. The table below shows a comparison of these sections.
Former Provisions of
40 CFR Part 266, Subpart E
§266.40(a)
§266.40(b)
§266.40(c)
§§266.40(d)(l) and (2)
§266.40(e)
§§266.41(a)(l) and (2)
§§266.41(b)(l) and (2)
§266.42(a)
§266.42(b)
§266.42(c)
§266.43(a)(l)
§266.43(a)(2)
§266.43(b)(l)
§266.43(b)(2)
§266.43(b)(3)
§§266.43(b)(4)(iMv)
P6.43(b)(4)(vi)
66.43(b)(5)(i) and (ii)
6.43(b)(6)(i)
§266.43(b)(6)(ii)
§266.44(a)
§266.44(b)
Recodif ied Provisions in
40 O-R Part 279
§2796C(a)
§279.1!
§§279.63(a),(b)/and(c)2
§§279.iO(b)<2) and (3)
§§279.11 and 279.60(c)
§279.71
§§279.23(a) and 279.61(a)
§279.60(a)
§279.70(a)
P.60(a)
9.70(a) and (b)(l)
.70(b)(2)
P.72U)
.71
.73(a)
§279.74(a)
not included
§279.75(a)
§§279.74(b) and (c)
§279.72(b)
§§279.74(a) and 279.75(b)
§§279.23(a) and 279.61 (a)
§279.62(a)
1 Contains additional new definitions that were not included in the 1985 rule
2 Paragraphs (c)(l) and (2) of §279.63 contain new exemptions from the rebuttable presumption that were not part of
5. Which states are not authorized for the base RCRA program and which states are authorized for the
base program and Part 266, Subpart E?
As of February 1,1994, the following states and territories are not RCRA-authorized: Alaska,
Hawaii, Iowa, Wyoming, American Samoa, Northern Mariana Islands, Puerto Rico, and Virgin
Islands. In those states, the Part 279 standards became effective on March 8,1993. As of November
30,1993, the following states are authorized for the RCRA program including Part 266, Subpart E:
Arkansas, Arizona, California, Connecticut, Georgia, Idaho, Illinois, Minnesota, Missouri,
Nebraska, Nevada, New York, North Carolina, Ohio, South Dakota, Texas, Utah, Vermont, and
Guam. In these states, the marketer and burner standards remain state and federally enforceable
and the remainder of the Part 279 requirements will not be in effect until the state adopts them. The
remaining 28 states are authorized for the base program but are not authorized for Part 266,
Subpart E. In these states, the burner and marketer standards remain federally enforceable, w
the rest of Part 279 does not go into effect until the state adopts the requirements. (See Appendix
for a list of state used oil contacts).
Used Oil Questions and Answers
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APPLICABILITY
6. Is used oil a hazardous waste?
According to rulemakings on May 20,1992 (57 FR 21524), and September 10,1992 (57 FR 4156J5),
used oil is not a listed hazardous waste. It is only a hazardous waste if it displays a characteristic of
hazardous waste or if it has been mixed with a hazardous waste. This is only relevant, however, if
the used oil is being disposed of, because EPA has developed special management standards or
used oil that is recycled. State regulations concerning used oil may differ from the federal program
To obtain specific infoimation about state used oil regulations, refer to the state used oil contacts
listed in Appendix I of this document.
DEFINITION
7. Has the new rule changed the definition of used oil?
Yes, used oil is defined in §279.1 as "any oil that has been refined from crude oil/ or any syntht tic
oil, that has been used and as a result of such use is contaminated by physical or chemical
impurities." Synthetic oil has been added to the definition. For a material to meet the definiti
used oil, it must first be derived from crude or synthetic oil. Second, it must ^e u.«ed as a lubri cant,
heat transfer fluid, hydraulic fluid, or for similar uses. Lubricants include/ but are not limited to,
used motor oil, greases, metalworking lubricants, and emulsions. Heat transfer fluids include but
are not limited to, coolants, heating media, refrigeration oils, and electrical insulation oils.
Hydraulic fluids include but are not limited to, transmission fluids and brake fluids. Third, it must
be contaminated from use with chemical and physical impurities.
8. Are all petroleum derived products (e.g., antifreeze, kerosene) included in the definition of use< I oil?
While the definition of used oil does not include all petroleum derived products, it does cover the
majority of oils that are used as lubricants, heat transfer fluids, hydraulic fluids, emulsions, or for
similar uses and that are likely to be contaminated through use (57 FR 41574) (see also Questic n 7).
9. Does the definition of used oil include animal and vegetable oils which are used as lubricants L
hydraulic pumps?
No, animal and vegetable oils used as lubricants do not meet the definition of used oil because
are not synthetic or derived from crude (§279.1).
1(1. Are residues from storage, processing, and re-refining used oil considered used oil?
Residues burned for energy recovery are regulated as used oil under Part 279. Residues that z re
beneficially reused (e.g., as a lubricant) are considered products and are not regulated under I CRA.
Materials derived from used oil that are disposed of or used in a manner constituting disposal, with
the exception of re-refining distillation bottoms that are used as feedstock to manufacture asp]
products, are solid wastes and are subject to a hazardous waste determination. The preamble to the
September 10,1992, Federal Register (57 FR 41574), incorrectly states that residues or sludges fr >m
the processing of used oil are not regulated under Part 279. This issue is clarified in the May 3
1993, Federal Register (58 FR 26420), which is a technical correction to that rule. In the Federal
Register of September 23,1991 (56 FR 48000), the Agency proposed four listings for wastes from the
processing and re-refining of used oil (K152, K153, K154, and K155). The final listing decision
regarding these has been deferred.
Used Oil Questions and Answer
nof
they
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Page 4
11. Are used oil and waste oil the same thing?
No, though commonly confused, the teruis "used oil" and "waste oil" are different. Used oil has a
specific regulatory definition, which defines the scope of Part 279. Waste oil or oily wastes do not
have specific regulatory definitions but are generally understood to include wastes, such as bottom
dean-out waste from virgin fuel oil storage tanks, or virgin fuel oil spill clean-up, which are not
used oil because they have never been used (50 FR 49174; November 29,1935).
12. Would a petroleum distillate used as a solvent be considered used oil?
No, used oil includes those oils that have been used as lubricants, coolants, emulsions, or for similar
uses. It does not include materials derived from crude or synthetic oils and used as cleaning agents
or solely for their solvent properties (57 FR 41574). This material would have to be classified as
hazardous or nonhazardous under §262.11. In other words, the generator would have to make a
determination as to whether the material is listed as a hazardous waste or exhibits any
characteristics of hazardous waste.
13. Is used grease considered used oil?
As long as it has been refined from crude or synthetic oil, contaminated from use, and used as a
lubricant, grease meets the definition of used oil in §279.1.
MIXTURES
'free
14. How are mixtures of used oil and wipes/ rags, and absorbent materials regulated? Does the
flowing" concept for removing used oil apply to wipes, rags, and absorbent materials? What
regulations apply to the material (e.g., absorbent materials or wipers) after the used oil is removed?
Generally under §279.10(c) (58 FR 26420; May 3,1993), materials containing or otherwise
contaminated with used oil are regulated as used oil until the used oil is removed from the
material. Materials containing or otherwise contaminated with used oil, from which the used oil
has been properly drained or removed to the extent possible such that no visible signs of free-
flowing oil remain in or on the material are not considered used oil under Part 279. There is one
exception to this provision: materials from which used oil has been removed continue to be
regulated as used oil if they are to be burned for energy recovery, regardless of the degree of
removal. Otherwise, once the used oil has been removed, these materials are no longer subject to
the used oil regulations, but may be regulated as hazardous waste if they are listed or exhibit a
characteristic of hazardous waste. Used oil that has been removed from such material continues to
be regulated as used oil and must be managed according to the Part 279 standards. EPA does not
consider the removal of used oil from materials containing or otherwise contaminated with used oil
to be processing.
15. Can soil contaminated with used oil be burned in a boiler or industrial furnace?
Under §279.10(c) (58 FR 26240; May 3,1993), materials containing or otherwise contaminated with
used oil are regulated as used oil until the used oil is removed from the material. If the material is
going to be burned for energy recovery, however, it is still regulated as used oil regardless of the
amount of used oil that may remain in the material when it is burned. If soil does not have a
significant heating value (i.e., over 5,000 Btu/lb.), it is not considered to be burned for energy
recovery; and if the contaminated soil is a hazardous waste, it can only be burned in accordance
with hazardous waste regulations.
Used Oil Question* and Answers
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PageS
16. Does mixing used oil and characteristic hazardous waste constitute hazardous waste treatment?
i
Yes, mixing a characteristic hazardous Vvaste with used oil to render the waste nonhazardous
constitutes treatment of hazardous waste, if the purpose of the mixing is to make the waste n ore
amenable for recovery (e.g., energy recovery) and/or to make the waste less hazardous (50 FJ I
49180; November 29,1985, and §260.10). EPA does not require a permit, however, if this treai merit
is performed in accumulation tanks or containers, provided that the generator stores the waste
according to the used oil (§279.22) and the hazardous waste regulations in §262.34 and meets the
waste analysis plan requirements in §§262.34 and 26&.7(a)(4) (51 FK 10168; March 24,1986).
17. How are mixtures of used oil and characteristic hazardous waste regulated? How are mixture
used oil and ignitable-only hazardous wastes regulated?
Mixtures of used oil and characteristic hazardous waste (other than ignitable-only waste) are
regulated as hazardous waste if they display any characteristic of hazardous waste. On the o
hand, mixtures of used oil and characteristic waste are regulated as used oil if they are free o
characteristics.
Mixtures of used oil and ignitable-only hazardous waste (e.g., mineral spirits*) are regulated &s
hazardous waste if they retain the ignitability characteristic and as used oil if they are not ign table
(§279.10(bX2)(iHiii)). The rationale for this distinction is as follows: if the solvents are hazard ous
only because of ignitability, then mixing the solvents with used oil should not affect the chemical
constituents or other properties of the used oil. The solvents in question (e.g., mineral spirits' are
petroleum fractions, are typically used by the same businesses that generate used oil, and are also
usually managed in a manner similar to used oil (e.g., burning for energy recovery or distillation to
recover the solvent). As such, efficient and sound management can include mixing with usec oil
and management by used oil recyclers. If the mixture exhibits the characteristic of ignitabilitj
however, this can mean that the mixing has changed the nature of hazards involved in manaj jng
the used oil, and this mixture should remain subject to hazardous waste controls (56 FR 4806(
September 23,1991).
'Mineral spirits are generally ignitable-only before use; however, after being used, mineral spirits may contain som e
constituents that would cause them to fail the TCLP.
IB. What land disposal restriction (LDR) notification would apply to used oil that exhibits a
characteristic?
According to §261.6(a)(4), used oil that exhibits a characteristic and is going to be recycled is
exempt from the requirements of Parts 260 through 268 (including LDR notification) and is instead
regulated in Part 279 (57 FR 41612). Used oil that is disposed of on-site or being sent off-site f or
disposal is subject to a hazardous waste determination, and if hazardous, any applicable LDF
requirements.
19. How are mixtures of used oil and a hazardous waste listed in Subpart D of Part 261 solely bee use it
exhibits the characteristic of ignitability (e.g., F003) regulated?
According to §279.10(b)(2) (58 FR 26420; May 3,1993), hazardous wastes listed in Subpart D (f Part
261 solely because they exhibit a characteristic of hazardous waste are handled as though the f were
characteristic wastes for purposes of compliance with Part 279. Thus, the mixture of FQ03 an< 1 used
oil would be regulated in the same manner as mixtures of used oil and ignitable-only charact ristic
hazardous waste.
of
:her
all
Used Oil Questions and Answc rs
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Page 6
20. A used oil generator decides to mix some of her used oil with gasoline product fuel sold at her
facility. How is a mixture of used oil and product fuel regulated?
According to §279.10(d), a mixture of used oil and product fuel is regulated as used oiL The
exception to this is that mixtures of used oil and diesel fuel are excluded from regulation under Part
279, according to §279.10(d){2) (see also Question 23).
21. How is a container of solvent being used as a parts washer at an automotive repair shop regulated?
While the solvent is part of a process and still in use, it would not be considered material containing
or otherwise contaminated with used oiL Once the solvent is spent and removed from the process,
it would become subject to regulation as hazardous waste if it is listed or exhibits any
characteristics of hazardous waste. If it is not a hazardous waste, the solvent would be regulated as
a material containing or otherwise contaminated with used oil (§279.10(c)) (58 f R 26420; May 3,
1993) (see also Question 14).
DIESEL FLJEL
22. Does used oil fuel being burned in a diesel or marine engine have to meet the used oil fuel •
specification? Is a person who sends the used oil fuel to be burned in a diesel or marine engine
considered a marketer?
Since it is not dear that diesel and marine engines meet the definition of boiler, they are not subject
to the regulations for used oil burned for energy recovery in boilers or industrial furnaces (50 PR
49193; November 29,1985). Therefore, the used oil fuel specification does not apply and the
marketers and burners of this fuel are not regulated. A person that processes used oil to create a
product diesel fuel, however, is considered a processor and subject to the requirements of Part 279,
Subpart F, except as provided by §279.10(d)(2) (see also Question 23). A
23. How is a mixture of used oil and diesel fuel regulated under the new standards?
If the used oil and diesel fuel is blended by a generator for use in his or her own vehicles as a fuel,
then the mixture is not regulated under the Part 279 standards (§279.10(d)(2)). Prior to mixing,
however, the generator is subject to the generator standards of Part 279, Subpart C. If the used oil
and diesel fuel is blended by anyone other than the generator or for any other reason than for use in
the generator's vehicles (i.e., selling as a fuel), then the mixing would be considered processing and
subject to all applicable provisions of Part 279, specifically Subpart F.
RECYCLING PRESUMPTION
24. What is the recycling presumption?
The recycling presumption states that EPA presumes that used oil is to be recycled unless a used oil
handler disposes of used oil or sends it for disposal (§279.10(a)). Therefore, aU used oil handlers are
subject to the Part 279 standards, until the used oil is disposed of or sent for disposal
25. Can nonhazardous used oil be disposed of in a Subtitle D landfill?
Used oil that does not exhibit any characteristics of hazardous waste and that has not been mixed
with hazardous waste can be disposed of as a solid waste. Although no federal regulations
specifically restrict used oil disposal in a Subtitle D landfill, any applicable state or local
requirements must be met (for contacts regarding state regulation of used oil, see Appendix D. In
addition, 40 CFR §258.28 restricts the placement of liquid wastes in municipal solid waste landfills.
Used Oil Questions and Answers
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26. What regulations apply to used oil that is destined for disposal? At what point does used oil
become subject to Part 279, Subpart I?
Before it is disposed of or sent for disposal, all used oil is subject to the Part 279 standards, ev m if it
is "intended" for disposal. When used oil is disposed of or sent for disposal it becomes a solk I
waste and is subject to hazardous waste determination. If the used oil exhibits a characteristii: of
hazardous waste, it must be handled in accordance with all applicable provisions of Subtitle (',
including the land disposal restrictions (§279.10(a)). If used oil does not exhibit any character sties
of hazardous waste, it is not subject to RCRA Subtitle C regulation, including standards for ui ed oil
transporters in Part 279, Subpart E. Nonhazardous used oil may be disposed of in a Subtitle
facility and is subject to any applicable state regulations for the management cf solid waste
RECYCLING
27. Is burning used oil for energy recovery considered a legitimate form of recycling?
Yes, generally burning a material with significant heating value (e.g., over 5,000 Btu/lb) is a
legitimate type of recycling (OSWER Directive 9441.30(84), October 22,1984).
28. Used oil is heated and poured down an oil production well to remove contaminants (paraffin) from
the inside of the welL The used oil is eventually pumped into the raw refining stream. How is th s
activity regulated?
Because this activity would qualify as use constituting disposal, the used oil becomes subject
regulation as a solid waste. If the used oil does not exhibit a characteristic of hazardous wast
neither the Part 279 nor the Part 266, Subpart C regulations place any restrictions on this type af
activity. Used oil employed in this manner that does exhibit a characteristic is a hazardous w, iste.
If the used oil is considered more product-like than waste-like, however, the use of the used o 1
product would not be regulated under RCRA. A memo from the Office of Solid Waste states
substance is more product-like than waste-like when it 1) is as effective as any alternative product
used in the same manner, 2) contains no more hazardous constituents than any analogous prc duct,
and 3) is managed in a manner that is commensurate with the management of a valuable
commodity. Decisions on this issue are made by the Region or authorized state (Denit to Muijo;
September 9,1993).
REBUTTABLE PRESUMPTION
29, What is the rebuttable presumption?
The rebuttable presumption is an objective test used by the Agency to determine if used oil ru s
been mixed with a hazardous waste. If used oil exceeds 1,000 ppm total halogens, it is presumed to
have been mixed with a listed hazardous waste. The presumption may be rebutted by showing
that the used oil has not been mixed or that it does not contain significant concentrations of
halogenated hazardous constituents listed in Appendix VIE of Part 261 (§279.10(b)(l)(ii)) (seejalso
Question 32).
3D. If a used oil contains more than 1,000 ppm total halogens as-generated, is it allowable to mix tl ie
used oil with another used oil that is lower in total halogens, and in effect, dilute to rebut the
presumption of mixing?
No, blending is not an acceptable form of rebuttal The used oil must be evaluated for total
halogens at the point of generation. Because the used oil is presumed to be mixed with a liste i
hazardous waste, it would itself be considered a listed hazardous waste. Any activity to deer ase
the total halogen content would be considered treatment of a hazardous waste and may require a
RCRA hazardous waste permit (OSWER Directive 9495.1986(08); April 8,1986).
Used Oil Questions and Answei s
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31. Which used oil handlers are responsible for determining used oil halogen content in conjunction
with the rebuttable presumption?
The rebuttable presumption applies to generators, transporters, processors, re-refiners, and
burners. In addition, EPA has expanded the rebuttable presumption to cover all used oil (with two
exceptions) (§279.10(b)(l)(ii)). Despite the fact that the wording in §279.21 is different from
§§279.10(b)(l)(ii), 279.44,279.53, and 279.63, the Agency's intent is that generators must comply
with all provisions of the rebuttable presumption. Handlers need not test the oil; they may rely on
their knowledge of whether mixing has occurred. Should EPA find that the oil exceeds 1,000 ppm
total halogens, however, the burden of proof lies with the handler to document that mixing has not
occurred.
32. According to §279.10(b)(l)(ii), persons may rebut the presumption that their used oil has been mixed
with a hazardous waste by showing that the used oil does not contain significant concentrations of
halogenated constituents. How is "significant concentrations" defined?
There is no formal regulatory definition of significant concentrations. According to OSWER
Directive 9495.1986(04) (February 28,1986), the "significant concentration" that would indicate
mixing has taken place would depend on the type of halogenated compound found in the used oil.
For hazardous halogenated solvent constituents, for example, EPA has stated that a handler whose
oil has concentrations below 100 ppm can generally rebut the presumption (50 FR 49176; November
29,1985).
33. Is there a halogen level over which it is impossible to rebut the mixing presumption? Can a handler
still rebut if the used oil exceeds the specification level of 4,000 ppm total halogens?
There is no level over which it is impossible to rebut the presumption of mixing. Essentially, if the
used oil is burned for energy recovery, three situations are possible. Used oil that is below 1,000
ppm total halogens and has not been mixed with hazardous waste is considered used oil and may1
meet specification if all other parameters are met. Used oil that is above 1,000 ppm but below 4,000
ppm total halogens may be regulated as used oil if the presumption is successfully rebutted and
may meet specification if all other parameters are met. Finally, used oil that tx~e«.
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3(i. How is used oil contaminated with CFCs from a refrigeration unit regulated?
Paee 9
I art;
igas
oil
the
then
Under §279.10(b), CFC-contaminated used oil is exempt from the rebuttable presumption as
the CFCs are to be reclaimed from the used oil and the used oil has not been mixed with used
from sources other than refrigeration units. If the CFCs will be reclaimed from the used oil tc
fullest extent possible and the used oil has not been mixed with used oil from other sources, t
the used oil contaminated with CFCs from a refrigeration unit is subject to the same standard^ as
other used oil. If the CFC-contaminated used oil does not meet these conditions, however, th
rebuttable presumption may still be applied.
37. A generator mixes her CFC-contaminated used oil with used oil from automobile servicing. T ie
resulting mixture exceeds 1,000 ppm total halogens. Would the mixture of the used oils be subjec
the rebuttable presumption or would it be excluded under 40 CFR §279.10(b)(l)(ii)(B)7
The mixture would be fully subject to the rebuttable presumption. The exemption in
§279.10(b)(l)(ii)(B) for CFC-contaminated used oil does not carry through if the used oil is mi:
with used oil from other sources (see also Question 36).
38. For purposes of the exemption from the rebuttable presumption for metalworking oils contair ing
chlorinated paraffins in §279.53(c)(l), how is the term "tolling arrangement" defined?
A tolling arrangement is a contractual agreement pursuant to which reclaimed oil is returned by
the processor or re-refiner to the generator. It must indicate the type of used oil and the frequ »ncy
of shipments, that the vehicle used to transport the oil is owned by the processor, and that the]
reclaimed oil will be returned to the generator (§279.24(c)).
SPECIFICATION
39. Is used oil that meets specification subject to any Part 279 standards?
The used oil specification criteria outlined in §279.11 apply only to used oil that is to be burne i for
energy recovery. Used oil that is intended for re-refining or processing is subjc:! tc the full Part 279
requirements regardless of whether or not it meets specification.
40. What are the criteria for used oil specification? Have the criteria changed from the Part 266
standards?
The criteria in §279.11 are the same as in Part 266 and include: 100 degree minimum flashpoin
ppm maximum arsenic, 2 ppm maximum cadmium, 10 ppm maximum chromium, 100 ppm
maximum lead, and 4,000 ppm maximum total halogens. In addition, standards for the burning of
used oil containing PCBs imposed by 40 CFR §761.20(e) are referenced in §279.11 (see also
Questions 46 and 50).
41. If used oil that has been documented to meet specification is processed or re-refined into a fue 1, and
the resultant fuel is off-specification, would the mixture be subject to the burning requirements o Part
279, Subpart G?
All processing and re-refining should be completed before determining if the used oil meets t
specification criteria. If the used oil, a resultant mixture of the used oil and a fuel, or any proceed
derivative of the used oil does not meet the specification criteria, as in the scenario above, the
buning requirements of Part 279, Subpart G would apply
Used Oil Questions and Answer)
1
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ed
,5
,e
ss
the
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Page 10
D1YOIL
42. Does this rule affect the way DIY used oil is regulated?
This rule affects DIY used oil to a limited extent. Used oil that is generated by individuals in their
home or through servicing their personal vehicles is still not subject to regulation. Once collected,
however, the DIY used oil is subject to all applicable Part 279 standards and used oil collection
centers an aggregation points that accept DIY used oil are subject to the requirements for used oil
generators in Part 279, Subpart C (57 FR 41587).
WASTEWATERS
43. How is de minimi's defined for purposes of §279.12(0 regarding mixtures of used oil and
wastewater?
De minimis means small spills, leaks, or drippings from pumps, machinery, pipes, and other similar
equipment during normal operations or small amounts of oil lost to the wastewater treatment
system during washing or draining operations. Wastewaters contaminated with de minimis
quantities of used oil are exempt from Part 279 as long as they are discharged pursuant to either
§402 or §307(b) of the Clean Water Act This exception will not apply if used oil is discarded as a
result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases,
or to used oil recovered from wastewaters.
44. Is oil/water separation of a de minimis used oil/wastewater mixture considered used oil processing?
This activity is not considered used oil processing because the de minimis mixture is not considered
used oil Any used oil recovered from such a mixture, however, would be fully subject to Part 279
standards.
PIPELINES
45. Under §279.10(g), used oil is exempt when it is placed directly into a crude oil or natural gas
pipeline. Is used oil exempt if it is placed into a crude oil stock tank attached to the pipeline?
Yes, used oil is exempt if it is mixed with crude oil in a stock tank attached to the crude oil pipeline.
EPA understands that it is common practice to first mix small amounts of used oil (typically less
than one percent) with crude oil or natural gas liquids in stock tanks, production separators, or
other tank units that are connected via pipeline to the petroleum refining facility. According to a
memo from the Office of Solid Waste, EPA is expecting to issue a rule by January 30,1994 to
address issues raised in the proposed rule (56 FR 48000,48026,48042; September 23,1991) and to
clarify and expand the scope of the pipeline exclusion (Denit to Waste Management Division
Directors; Septembers, 1993)
PCBs
46. What regulations apply to used oil contaminated with PCBs?
Marketers and burners of used oil fuel containing any quantifiable level of PCBs (2 ppm) are subject
to the applicable standards on marketing and burning used oil containing PCBs found at 40 CFR
§761.20(e), which require used oil with 2 to 50 ppm of PCBs to be handled according to the
prohibitions for off-specification used oil. Used oil that contains greater than 50 ppm PCBs is hilly
subject to TSCA regulations in 40 CFR Part 761. Blending for the purposes of reducing the
concentration of PCBs to below 50 ppm or the level of detection is prohibited (§§279.10(i) and
761.20(e)).
Used Oil Questions and Answers
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TESTING
47. Is testing used oil for characteristics required prior to sending it for recycling?
Used oil that is destined for recycling is subject to the management standards of Part 279 whe
exhibits a characteristic or not as long as it is not mixed with a hazardous waste; therfore, no
characteristic determination is required (57 FR 41581) (§261.6(a)(4)).
48. Which EPA test methods should be used to determine whether a used oil meets specification?
the used oil specification levels based on totals analysis or TCLP?
Although the September 10,1992, final rule does not specify any test methods, SW-846 and th
list a variety of methods that may be employed to test for the specification constituents and fo
flashpoint. According to SW-846, method 8010 can be used to test for total halogens and method
0200 can be used to test for all the metal constituents. According to 40 CFR §261.21, ASTM m« thod
D-93-79 can be used to test for flashpoint. All constituent methods are totals analyses, not lea< hing
procedures.
49. Why does EPA require total halogen testing or application of knowledge in light of the materials or
process used to determine whether the used oil is hazardous waste when a variety of other
contaminants could cause used oil to be considered hazardous?
her it
Are
CFR
The Agency found, through sampling and analysis performed making a used oil listing decisi
used oil and through enforcement experience, that used oi1 containing more than 1,000 ppm t
nfor
tal
halogens has most likely been mixed with a hazardous waste. (50 FR 49176; November 29,198)5)
50. Are there any EPA-approved test methods for determining total halogen content in used oil?
Although no test method is specifically required, SW-846 method 8010 is suggested.
NOTIFICATION
51. How is the notification required under Part 279 accomplished?
The notification requirement in Part 279 serves as the mechanism for obtaining an EPA ID Nu nber
and can be accomplished by submitting to the Regional Administrator either EPA Form 8700- 2 in
accordance with §3010 of RCRA or a letter stating the location of the facility and the types of i^sed
oil management activities that take place there (57 FR 41594).
52. After March 8,1993, does a transporter that picks up used oil in an authorized state have to notify
EPA if the oil is delivered to an unauthorized state? What about a transporter who picks up used < 11 in
an unauthorized state and delivers it in an authorized state?
In both cases the transporter must obtain an EPA ID number. According to the new standard*
generators must ensure that their used oil is transported only by transporters that have ID nui nbers
(§279.24). Likewise, processors, re-refiners, marketers, and burners must keep track of the ID
number of any transporters who deliver to them a shipment of used oil (§279.56(a)(3), §279.65
and §279.74(a)(3)).
Used Oil Questions and Answei
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Page 12 «___^
53. Would a local or county government that collects DIY-used oil be required to obtain an EPA ID
number?
No, a municipal government that collects DIY-used oil would not have to notify according to the
regulation for collection centers and aggregation points found in Part 279, Subpart D. They would,
however, have to comply with the standards for used oil generators in Part 279, Subpart C.
54. Are facilities that have already obtained an EPA ID number for management of hazardous waste
required to notify EPA again when they are transporting or processing used oil or as marketers or
burners of used oil?
According to §§279.42(a)0), 279.51 (a)(l), 279.62(a)(l), and 279.73(a) (as revised at 58 FR 26420; May
3,1993 and 58 FR 33342; June 17,1993), only used oil transporters, processors, re-refiners, burners,
and marketers that have not previously noiifitd EPA of hazardous waste and other used oil
management activities and not previously obtained a EPA ID number must notify to identify their
used oil management activities. This requiiement increases the types of used oil handlers that must
obtain an EPA ID number.
STORAGE
55. Is there an accumulation time limit for storing used oil on-site prior to sending it off-site for
recycling?
Transfer facilities have a 35-day limit on the storage of used oil on-site and if the limit is exceeded,
the transfer facility is subject to the processor and re-refiner requirements in Subpart F. If storage
takes place for less that 24 hours, the transporter would not have to comply with the transfer
facility requirements (§279.45(a)X Generators, processors, re-refiners, and burners, however,
no time limits for storing used oil on-site, according to requirements in Part 279, Subpart C for
generators, Subpart F for processors and re-refiners, and Subpart G for burners.
56. Are containers holding used oil required to be closed?
Although there is no explicit requirement to keep containers holding used oil dosed, it is EPA's
policy mat facilities employing containers should keep them closed as a matter of good operating
procedures (45 FR 33199; May 19,1980). The hazardous waste regulations specify that containers
holding hazardous waste must be dosed (§§264/265.173(a)). If used oil needs to be managed in
accordance with the hazardous waste regulations, then the used oil must be kept in a dosed
container.
57. Is a generator who stores used oil in an underground tank subject to regulation under 40 CFR Fart
280 underground storage tank standards?
Yes, any used oil handlers that store used oil in an underground storage tank are subject to Part 280
requirements.
58. What are the standards applicable to the storage of used oil at a processing facility?
The standards applicable to storage of used oil at processing facilities are found in §279.54. Used
oil can be stored in tanks and containers that are in good condition, with no visible leaks.
Secondary containment is required for these units, as are labels with the words "Used Oil." In
addition, processors must comply with requirements for response to releases. Unlike other
handlers of used oil, processing facilities must also comply with closure requirements to remove
contaminated soils and structures before dosing the facility.
Used Oil Questions and Answers
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Page
59'. How is a tank regulated if it holds used oil that exhibits a characteristic of hazardous waste?
Section 261.6(a)(4) exempts used oil destined for recycling that is hazardous solely because it
displays a characteristic from the hazardous waste regulations and subjects it to Part 279. Piu suant
to the recycEng presumption, a tank that contains used oil exhibiting a characteristic is regulated by
the used oil management standards in Part 279, not by hazardous waste regulations, if the
characteristic comes solely from the use of the oil. Requirements for tanks storing used oil cai|i be
found in §279.22 for generators, §279.45 for transporters and transfer facilities, §279.54 for
processors and re-refiners, and §279.64 for burners. For generators, these standards include n >aking
certain the tanks are in good condition, not leaking, and labeled "Used Oil." Along with these
requirements, the other types of handlers must have secondary containment for their tanks st >ring
used oil.
60. How big does the used oil label on a storage tank have to be?
Although no label size is mandated in the Part 279 standards, the regulations in §§279.45,279.54,
and 279.64 require that the labels be clearly marked with the words "Used Oil."
61. Do storage tanks holding processed or re-refined oil have to be labeled used oil?
The storage of used oil, after being re-refined or meeting specification (when being burned fo;
energy recovery), is not regulated in the new Part 279 standards (§279.10(e)). Oil which has n >t
been processed into specification used oil fuel must be stored in containers or tanks which arc
labeled with the words "Used Oil."
62. What standards apply to releases of used oil?
Requirements for responses to releases under Part 279 standards are detailed under the specif
requirements for individual handlers (e.g., generators and transporters). Basically, they entai
stopping and containing the release, cleaning up and properly managing the released oil, and
^^
••
necessary to prevent future releases, repairing or replacing any leaking used oil storage conta ners
and tanks prior to returning them to service (§279.22(d)).
63. How are sumps that hold used oil regulated? Do they meet the definition of a tank and theref ire
require secondary containment?
A tank is defined in §260.10 as "a stationary device, designed to contain an accumulation of
hazardous waste which is constructed primarily of non-earthen materials which provide stru< tural
support." Sumps may meet this definition as discussed in the July 14, 1986 Federal Register, (5 FR
25440). If a sump meets this definition, then it would be regulated as a used oil storage tank. This
tank would need secondary containment unless the sump is already part of a system that is s< rving
as secondary containment.
SECONDARY CONTAINMENT
64. Are there any suggested materials or criteria to use as guidelines in constructing secondary
containment areas?
The regulations in §§279.45, 279.54, and 279.64 outline requirements for the construction of
secondary containment areas. The requirements include dikes, berms, or retaining walls and
floor that are impervious to used oil in order to prevent migration of the oil into soil, ground* rater,
and surface water, or an equivalent secondary containment system. Examples of secondary
containment descibed in the Cost and Economic Impact of the 1992 Used Oil Management Standar
include a 3.5-inch bituminous sealed asphalt ring around an existing tank or concrete block walls
covered with two coats of bituminous asphalt sealant.
Used Oil Questions and Answe *
if
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Page 14 .^___
65. Is there a requirement that secondary containment systems be able to contain a specific percentage
of the contents of the primary containment system?
No, there is no specific percentage requirement for secondary containment in the new Fart 279
standards. According to the regulations pertaining to the storage of hazardous waste in containers
(§264.175(b)(3)), secondary containment should hold 10 percent of the total volume of all the
containers or 100 percent of the volume of the largest container, whichever is greater.
SURFACE IMPOUNDMENTS
66. Hydraulic oil is comprised of a mixture of 5% oil and 95% water. Spills and leaks of the used
hydraulic oil go through a pipe to the sewer where it is loaded into a truck which disposes of the used
hydraulic oil generated from spills and leaks in an unlined surface impoundment If the used oil does
not exhibit any characteristics of hazardous waste, can it be disposed of in this manner?
Section 279.12(a) prohibits the storage of used oil in surface impoundments unless the unit is in full
compliance with the standards in 40 CFR Part 264 of 265, Subpart K (57 FR 41586). Once used oil is
disposed of or sent for disposal, however, it is no longer subject to used oil regulation; instead, it is
considered a solid waste and must be evaluated for characteristics. If it does not exhibit any
characteristics of hazardous waste, it is not regulated under Subtitle C of RCRA. Individual state
regulations, though, may restrict this type of disposal.
67. According to §279.12(8), used oil cannot be managed in surface impoundments or waste piles unless
the units are subject to regulation under 40 CFR Part 264 or 265. Does this mean that a surface
impoundment managing only used oil is actually subject to regulation as a hazardous waste surface
impoundment, or can used oil be managed only in surface impoundments that also handle hazardous
waste?
Used oil can only be managed in a surface impoundment that is subject to Part 264 or 265. In
words, a surface impoundment that is permitted or operating under interim status.
GENERATORS
68. When equipment is being drained of used oil by a service contractor, who is considered the
generator for purposes of complying with Part 279 — the owner of the equipment or the contractor?
Based on §279.20(a) and the general principles of the hazardous waste program (45 f R 72026;
October 30,1980), both the owner and contractor would meet the definition of used oil generator
and would be considered co-generators of the used oil. Together, they are both responsible for its
proper management.
69. A ship generator sends bilge water through an oil/water separator once the ship arrives in port Is
this considered processing? Who is the generator of the used oil?
Separation of oil and water that takes place on the ship would not be regulated as processing under
Part 279. According to §279.20(a)(2), used oil on a vessel at port or at sea is not regulated until it is
removed from the ship. If separation occurs off the ship or vessel, then the activity is regulated
under Part 279. The owner and operator of the ship and the person removing the used oil from the
ship both meet the definition of used oil generator and, therefore, could be considered co-
generators of the oil (57 FR 41585) (see also Question 68).
Used Oil Questions and Answers
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_—_ Else.
COLLECTION CENTERS AND AGGREGATION POINTS
70. What standards apply to collection centers accepting DIY-generated used oil?
Collection centers accepting DIY-generated used oil must comply with the generator standarc s
outlined in §27930(b).
71. The definition of "used oil aggregation point" in §279.1 includes "...any facility that accepts,
aggregates, and/or stores used oil collected only from other generation sites owned or operated by the
owner 01 operator of the aggregation point—" If Ihe owner of an aggregation point owns property
which he leases to the operator of a service station, may the owner of the aggregation point accept (used
oil from the operator of the service station?
According to the aggregation point requirements in §279.32(a), the owner of the aggregation oint
can accept the used oil from the service station who leases the land.
72. Do the used oil transporter requirements apply to shipments of used oil from curbside collection
programs to used oil collection centers?
No, the transporter regulations in Part 279, Subpart E do not apply to transportation of used oil
collected from household do-it-yourselfers to regulated used oil generators, collection centers
aggregation points, processors and re-refiners, or burners (§279.40(a)(4». The used oil transporter
requirements do apply, however, to transporters of collected DIY used oil from regulated use i oil
generators, collection centers, aggregation points, or others facilities where DIY used oil is
collected.
7;*. The new used oil management standards allow a generator to transport up to 55 gallons of use i oil
in the generator's own vehicle to an aggregation point or collection facility without an EPA ID nui iber.
A person wishes to start a business changing automotive oil at customers' residences. After removing
the used oil, the operator will place the oil in a mobile 55 gallon tank in the business truck. What
transportation regulations will apply to the tank in the truck? Who is the generator of the used oi
Removing the used oil from personal vehicles constitutes generation so that the business own r or
operator will be considered the generator of the used oil. As long as he transports the oil in
shipments of no more than 55 gallons and he delivers the oil to a collection center or aggregat on
point, this activity would fit under the provisions for self-transportation and the generator we uld
not have to comply with the transporter standards (§§279.24(a) and (b)). If the shipments exc
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TRANSPORTATION
76. Are transfer facilities required to obtain EPA identification numbers?
Yes, owners or operators of transfer facilities are considered transporters, as defined in §279.1, and
would need to have an EPA ID number in accordance with §279.42(a) (58 FR 34977; June 17,1993).
77. Does the transportation of used oil require the use of a manifest?
No, although records of acceptance and delivery must be kept by the transporter, processor, re-
refiner, and off-specification used oil burner (§§279.46,279.56, and 279.65), there is no requirement
for manifesting used oil desined for recycling. Only if the used oil is being s?zU for disposal and it
meets the definition of hazardous waste would a manifest be required. In addition, if used oil is
being sent for disposal and it does not exhibit any characteristics of hazardous waste, it does not
require a manifest nor is the transportation covered by Part 279. In any case, used oil handlers
must comply with any applicable Department of Transportation (DOT) requirements.
78. At a transfer facility, does the 35-day transporter holding time begin for drums containing used oil
when the first drum or the last drum (of a shipment of drums containing used oil) is moved from the
transportation vehicle into the transfer facility?
The 35-day period begins when the first barrel is placed in storage at the facility. If the used oil
remains on the vehicle, the 35 days begin when the truck enters the facility.
79. What are the recordkeeping or tracking requirements for importing on-specification used oil?
The first person in the United States to claim the used oil meets specification is considered the used
oil marketer and would have to comply with the standards for on-specification used oil in Part 279
Subpart H.
80. Used oil shipments totaling more than 55 gallons are picked up from various fossil fuel plants and
trucked off-site to a central location. Is the tanker truck considered a transfer facility required to have
secondary containment while it is parked waiting for a sample to be analyzed for specification,
constituents, or properties?
The central location would be considered a transfer facility if the truck sits at the central location for
more than 24 hours. Assuming that is the case, the transfer facility would also be required to have
a secondary containment system consisting of berms, dikes or retaining walls, and a floor or an
equivalent system.
81. According to §279.40(a)(l), the standards for used oil transporters do not apply to on-site
transportation. How is on-site defined?
Section 279.1 specifically states that terms defined in §260.10 have the same meaning when used in
Part 279. Section 260.10 defines on-site to mean, "the same or geographically contiguous property
which may be divided by a public or private right-of-way, provided the entrance and exit between
the properties is at a cross-roads intersection, and access is by crossing as opposed to going along
the right-of-way. Non-contiguous properties owned by the same person but connected by a right-
of-way which he controls and to which the public does not have access, is also considered on-site
property."
Used Oil Questions and Answer*
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82, II a rail car transporting used oil sits at a station for more than 24 hours, it becomes a transfer
facility according to §279.45(a). What type of secondary containment is required?
Transfer facilities must have a secondary containment system consisting of berms, dikes or
retaining walls, and a floor. They can be equipped with an alternate but equivalent system
(§279.45(d)). This system may include the use of a double-walled rail car, overfill protection
alarms, or other secondary containment measures.
PROCESSING
83. What is the definition of a used oil processor?
A used oil processor is defined in §279.1 as a facility that processes used oil using chemical or
physical operations designed to produce from used oil or to make used oil more amenable fo
production of fuel oils, lubricants, or other used oil-derived products. Processing includes, but is
not limited to, blending, filtration, simple distillation, chemical or physical separation, and re
refining.
84. Would a person conducting used oil/water separation be considered a processor?
, waste1 vater
This activity would not be considered processing when the separation of used oil from
in oil/water separators is solely for the purpose of making wastewater or stormwater accepta ale for
discharge pursuant to either §402 or §307(b) of the Clean Water Act. This activity is not desig red to
produce used oil or make it more amenable for the production of used oil-derived products, t ut
rather for the purpose of making wastewater acceptable for discharge. Any used oil recovere i
from such activities would be fully subject to Part 279 (Denit to Hunter; October 7,1993) (see also
Question 85).
FILTERS
8!>. Are generators who conduct on-site processing activities with either their own used oil or DIY
generated used oil subject to the used oil processor requirements of Part 279, Subpart F?
oil
The Agency issued a rule in February 1994 to clarify the definition of used oil processor. Used
generators who only process used oil on-site will not be considered processors. To prevent
classification as a processor, however, generators cannot send the used oil directly to a burneij or
burn the used oil on-site, except in a used oil fired space heater (Denit to Waste Management
Division Directors; September 3,1993).
8<>. Is the act of removing used oil from a filter considered processing?
According to a regulatory clarification in the May 3,1993, Federal Register (58 FR 28421), EPA j
that the act of physically separating used oil from a non-teme plated filter does not fall under
processing definition. The separation must be conducted for the purpose of removing the usecl
and managing it under the Part 279 standards (see also Questions 105 through 109).
tales
the
oil
87. If a generator filters used oil prior to burning it in an on-site space heater, is the generator sub ect to
regulation as a processor?
According to November 29,1985, Federal Register (50 FR 49194), EPA excluded generators wh bum
used oil in used oil fired space heaters from regulation. The Agency does not believe that the small
amounts of used oil burned in the used oil fired space heaters poses any significant risks. In
conjunction with this exemption, EPA also believes that any filtering conducted by the generator
prior to burning in a used oil fired space heater is also exempt from regulation.
Used Oil Questions and Answe s
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Page 18 ,
88. Used oil is generated in an industrial process. As part of this process the used oil is filtered and
returned to its original use through a recycling system that is enclosed and directly attached to the
manufacturing process. Does this activity meet the definition of processing? What if the process
involved removing the oil and introducing it back into the same or similar system?
In the above scenarios, the activities described would not be considered processing since they are
an integral part of the production process. Filtering, cleaning, or otherwise reconditioning the used
oil before returning it to the same or similar system is designed to prolong the life of the oil. These
activities are considered incidental to the production process and are, therefore, not regulated.
BURNING
89. Do the new used oil management standards allow a used oil generator to bum his/her used oil in an
oil-fired space heater?
Yes, the regulations allow generators to burn their own and DIY-generated used oil in used oil- '
fired space heaters on-site in accordance with §279.23 as long as he complies with three conditions.
The heater must bum only used oil generated by the owner or operator of the space heater or
received from DIY generators; the heater must be designed with a maximum capacity of 0.5 million
Btu per hour; and, the combustion gases from the heater must be vented to the ambient air
(§279.23). These conditions remain unchanged from the Part 266 standards.
90. Does a generator who burns his/her own used oil on-site in a used oil-fired space heater, in
accordance with §279.23, need to test the used oil for specification or meet the burner requirements in
Part 279, SubpartG?
No, generators would not have to test for specification, because §279.23 allows them to bum both
on- and off-specification used oil in their own used oil-fired space heaters. In addition, the
regulations in §279.23 exempt the generator from the burner management standards when
conducting this activity.
91. An off-specification used oil burner receives off-specification used oil which is aggregated in a tank
with virgin oil. As a result of this aggregation, the used oil meets specification. However, the used oil
is being burned as off-specification. Is the burner subject to regulation as a processor and/or marketer?
No, according to §279.61 (b), a used oil burner may aggregate off-specification used oil with virgin
oil or on-spedfication used oil for purposes of burning, without complying with Subpart F
requirements for processors and re-refiners, as long as they are not aggregating for purposes of
producing on-specification used oil. In addition, this burner would not be considered a marketer
because he or she is not directing a shipment of off-specification used oil to a burner, nor is he or
she claiming that the used oil meets specification (§279.70(a)).
92. What regulations apply to the burning of used oil in an incinerator?
Burning used oil in an incinerator is allowed under the restrictions on burning found in §279.12 (58
FR 26425; May 3,1993) and §27° 61 The incinerator, however, must be a hazardous waste
incinerator subject to regulation under Parts 264 or 265, Subpart O. Prior to being burned in an
incinerator, off-specification used oil is subject to the Part 279, Subpart C standards.
Used Oil Questions and Answers
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Page
MARKETERS
93. If a generator sends used oil fuel to a facility that both blends and bums the fuel, is that generator
considered a marketer?
Yes, according to the definition of used oil marketer in §279.1, the generator who directs a shi
of off-specification used oil for burning is considered a marketer.
94. Can a used oil handler be just a marketer?
believes
No, it would be logically impossible for a handler to only be a used oil fuel marketer. EPA 1
that a marketer must have either generated, transported, stored at a transfer facility, or procesjsed
the used oil prior to any marketing activity (57 fR 41601).
9!i. How is the sale of used oil tracked between a marketer and an intermediary broker (i.e., a
middleman who does not physically handle the used oil and does not meet the definition of mark
What records should be kept?
According to the standards for marketers in Part 279, Subpart H, no regulations exist for the
tracking of used oil transactions between brokers. Under the Part 279 standards, however, us si oil
handlers (i.e., only those who physically handle the used oil) must keep records of all used oil
shipments. In addition, used oil must be transported in accordance with any applicable DOT
requirements.
9<>. If a generator burns on-specification used oil on-site, is he or she also considered a marketer ai id/or
a burner? What if the used oil is off-specification?
A generator who bums on-specification used oil on-site would be considered a marketer beca ise he
or she is the first to claim the oil meets specification. He or she would not be subject to the
requirements in Part 279, Subpart G because they apply only to off-specification used oil
(§279.60(a)). On the other hand, a generator who burns off-specification used oil on-site woulji:
be considered a marketer because he or she neither directs a shipment to a but ^ei nor is the f
claim the used oil meets specification; however, this generator would be a burner (§279.1). If
generator is burning either type of used oil in a used oil-fired space heater in accordance with
§279.23, then her or she is neither a burner nor a marketer.
USE CONSTITUTING DISPOSAL
97. Section 279.82 prohibits the use of used oil as a dust suppressant How does this section relate
trie existing §266.23(b) on use constituting disposal? Will §266.23(b) be removed or amended?
Section 279.82 prohibits the use of all used oil as a dust suppressant, while §266.23(b) only prohibits
the use of used oil (or any material) as a dust suppressant if it has been contaminated with die xins
or is either a listed or characteristic hazardous waste. According to Part 279, used oil contamijiated
with a characteristic waste (except ignitable only waste) that still exhibits the characteristic or
oil contaminated with a listed vac'; a-e both considered hazardous waste, not used oil, and a
prohibited from land disposal or use as a dust suppressant. Used oil that exhibits a characteri
through use and not by mixing is not considered a hazardous waste, but is still prohibited froi n
land disposal or use as a dust suppressant. Section 279.82 was promulgated under the author ty of
RCRA and is only enforceable in states that do not have b..3t authorization, while §266.23(b) v
issued under HSWA and is enforceable in all states and territories. Although the new Part 27?'
standards are more stringent, they do not replace §266.23.
Used Oil Questions and Answer;
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Page 20 L
98. Under §279.82(b), a state may petition EPA to allow the use of used oil as a dust suppressant in that
particular state. For purposes of this section, how is the term "petition" defined and what information^
must the state include in this petition?
Currently, no guidance is available, nor is there any plan to develop guidance on how states should
petition the Agency. A state does not have to be authorized for RCRA base program in order to
petition the Agency, but can do so as part of an authorization petition.
99. Asphalt that is manufactured with used oii as an ingredient is used as a dust suppressant How is
this activity regulated and does this activity qualify as road oiling for the purposes of complying with
me new Part 279 standards?
According to §279.10(e)(3), materials derived from used oil that are used in a manner constituting
disposal are not regulated as used oil but instead are considered solid wastes and must be
characterized and handled accordingly. Therefore, if the used oil does not exhibit a characteristic
of hazardous waste, it is not subject to regulation. Similarly, the asphalt is not subject to regulation
if it does not exhibit any characteristics of hazardous waste (50 FR 628; January 4,1985). If the
asphalt does exhibit a hazardous characteristic, it is subject to the requirements of 40 CFR Part 266,
Subpart C regarding recyclable materials used in a manner constituting disposal. Finally, re-
refining distillation bottoms that are used as feedstock to manufacture asphalt products are exempt
from regulation under Part 279 and Parts 260 through 266,268,270, and 124 (§279.10(e)(4)).
CERCLA INTERFACE
100 What conditions does a service station dealer (SSD) need to meet to be eligible for the CERCLA
liability exemption of CERCLA §114
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^__ Paee2|l
104. An SSD mixes a characteristic hazardous waste with used oil and the resultant mixture no logger
exhibits any characteristics of hazardous waste. Is this practice considered mixing used oil with.
hazardous substance?
Yes, all hazardous wastes, characteristic and listed, are also listed in 40 CFR §302.4 as hazardous
substances.
FILTERS
105. What regulatory framework embraces oil filters that are not used in traditional motor vehicles (Le.,
specialty filters)? How are filters used in air compressors and other machinery that often have either
removable cartridges or no metal casings dealt with in the new regulations?
The regulations for used oil filters can be found in the May 20,1992, Federal Register (57 FR 21
The exemption in §261.4(b)(13) applies to non-teme plated filters that have been properly drai ned
of their used oil. The exemption does not apply to fuel filters, transmission oil filters, or spec! ilty
filters such as cloth or railroad filters (57 FR 21532). Used oil filters not covered by the exemp ion
must be evaluated for hazardous waste characteristics when going for disposal or can be hani
as scrap metal going for recycling (see §261.6(a)(3)(iii)).
106. Do the new Part 279 standards affect the scrap metal provisions for terne-plated and specialty!
filters?
No, the new Part 279 standards do not affect the scrap metal provisions. Specifically,
§261.6(a)(3)(iii) sets forth an exemption from the hazardous waste management standards for I
hazardous scrap metal that is being recycled. A drained or crushed filter can be considered scrap
metal if the filters are dismantled (OSWER 9442.1990(05)).
107. How can terne-plated filters be distinguished from non terne-plated filters?
Teme is an alloy of tin and lead. The manufacturer of the filter is the best source for distinguishing
terne- from nonterne-plated filters.
108. How are terne-plated used oil filters regulated?
Terne-plated used oil filters do not automatically qualify for the exemption in §261.4(b)(13).
becuause they typically have a TCLP lead concentration level of 30 ppm before use (57 FR 21531;
May 20,1992). If these types of filters fail the TCLP for any constituents (not just lead), they i lust
be managed as hazardous waste. Terne-plated niters are, however, still eligible for the scrap: netal
exemption if they will be recycled (§261.6(a)(3)(iu)). The May 20,1992, Federal Register (57 FR
established the exemption from hazardous waste regulation for properly drained non teme-p
11534)
ated
filters in §261.4(b)(15); however, the May 3,1993, Federal Register (58 FR 26424) corrects the citation
to§261.4(b)(13).
109. How is used oil at the bottom of a drum of used oil filters regulated?
Used oil that has collected in the bottom of a drum of filters should be regulated in accordanc ; with
the new Part 279 standards. In the September 10,1992, Federal Register (57 FR 21532), the Age icy
states that it encourages used oil generators to recycle filters and oils from the filtering proces j as
used oil.
Used Oil Questions and Answers
124).
led
oil
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KEY WORD ENDEX
Key word: Question number
Aggregation point 42,71,75
Antifreeze: 8
Asphalt: 99
Broker 95
Burning for energy recovery: 27,39,41,89,90,
91,92
CERCLA liability exemption: 100,101,103
Characteristic hazardous waste: 6,16,17,19,
47, 59, 66, 97, 104
Chlorofluorocarbons (CFCs): 36
Collection center 42,70, 75
Containers: 56
De minimis: 43,44
Definition of used oil 7,8, 9,10,11,12,13
Efteselfuel: 22,23
C>isposal: 6, 25, 26
Do-it-yourself (DIY) used oil: 35,42, 53, 70,
72
EHist suppression/petitions: 97,98,99
Effective date: 3
EPA identification number 51, 52, 53, 54, 76
Filtering: 85,87,88,109
Filters: 86, 87, 105, 106,107, 108
Gasoline product: 20
Generators: 68, 69, 73, 93
Grease: 13
Halogens: 29, 30, 33, 34, 35, 48
Hazardous substance: 104
Hazardous waste: 2, 6,10,16,17,19, 32, 47,
49, 59, 66, 97,104
Incinerators: 92
Igrdtable: 17,19
Labeling: 60,61
Land disposal restrictions (LDR): 18, 26
Listed hazardous waste: 6,10,17,19,49, 66
Lubricants: 7
Manifest: 77
Marketers: 22, 91, 93, 94, 95
Metal: 48,106
Metalworking oil: 7
Notification: 51,54,76
Oil production well: 28
Oil/water separation: 44, 82
On-site: 81
Petroleum distillate: 12
Petroleum exclusion: 101
Petroleum products: 8
Pipelines: 45
Polychlorinated biphenyls (PCBs): 46
Processing: 23, 83, 84, 85, 86, 87, 88
Product fuel: 20,91
Rail car 82
Rebuttable presumption: 29,30,31, 32, 33,
34, 35, 36, 37, 38
Used Oil Questions and Answe »
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Recordkeeping requirements: 77,79
Recycling: 27,88
Recycling presumption: 24
Residues: 10
Releases: 62
Secondary containment: 63, 64, 65, 80, 82
Self-transportation: 73, 74, 81
Service station dealer (SSD): 100,102,103
Ships/vessels: 69
Soil: 15
Solvent: 17,19,21
Space heater: 87,89,90
Specification: 39, 40, 41, 90, 91, 96
State authorization: 3, 4, 5, 52, 97,103,104
Storage: 55, 57, 58, 59, 61, 63
Storage time limits: 55,75
Subtitle D landfill: 25
Sump: 63
Surface impoundments: 66,67
Synthetic oil: 7
Toxicity characteristic leaching procedure
(TCLP): 48
Test methods: 48, 50
Tolling arrangement: 38
Transfer facility: 76, 78, 80,82
Transporter 52, 72, 77, 81
Underground storage tanks (USTs): 57
Use constituting disposal: 28, 97,98
Used oil handler 1,31,94
Used oil mixed with other material: 14
Vegetable oil: 9
Waste oil: 11
Wastewaters: 43, 44, 84
Used Oil Questions and Answers
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APPENDIX I
STATE USED OIL CONTACTS
ALABAMA
Terry Shipman
Land Division
Department of Bnvironmental Management
1751 Congressman W. L. Dickinson Drive
Montgomery, AL 36130
(205) 271-7726
ALASKA
Can Garcia
Solid and Hazardous Waste
Department of Environmental Conservation
410 Willoughby Avenue
Jiineau, AK 99801-1795
(SOT) 465-5161
ARIZONA
Robert Verville
Waste and Water Quality
Department of Environmental Quality
2005 North Central Avenue
Phoenix, AZ 85004
(602)207-4140
ARKANSAS
Jjimes Shumate
Hazardous Waste Division
E>epartment of Pollution Control and Ecology
P.O. Box 8913
Little Rock, AR 72219
(501) 570-2888
CALIFORNIA
Lief Peterson
Alternative Technology
Department of Toxic Substances Control
P.O. Box 806
Sacramento, CA 95812-0806
(916)255-3545
CALIFORNIA (cont'd.)
Inquiries on used oil recycling depositories:
Integrated Waste Management Board
8800 Cal Center Drive
Sacramento. CA 95826
(916) 255-2326
(800) 553-2962 - California only
COLORADO
Public Assistance Hotline
Hazardous Materials and Waste Management
Department of Health
4300 Cherry Creek Drive South
Denver, CO 80222
(303) 692-3320
CONNECTICUT
George Dews
Waste Management Bureau
Department of Environmental Protection
165 Capitol Avenue
Hartford, CT 06106
(203) 566-4869
DELAWARE
Robert Palmer
Hazardous Waste Management Branch
Department of Natural Resources and
Environmental Control
P.O. Box 1401
Dover, DE 19903
(302) 739-3689
Inquiries from households:
Delaware Solid Waste Authority
P.O. Box 445
Dover, DE 19901
(302) 739-5361
(800) 404-7080 - Delaware only
Used Oil Questions and Answers
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Page 26
DISTRICT OF COLUMBIA
Carl Williams
DC Energy Office
Department of Public Works
613 G Street, NW
Washington, DC 20001
(202)727-1800
FLORIDA
Raoul Clark
Hazardous Waste Management Division
Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, FL 32399-2400
(904)488-0300
GEORGIA
Generator Compliance
Hazardous Waste Management Branch
Department of Natural Resources
Floyd Towers East, 205 Butler Street, SE
Atlanta, G A 30334
(404)362-2684
HAWAII
Roger Harte
Solid and Hazardous Waste Branch
Department of Health
5 Waterfront Plaza, Suite 250
500 Ala Moana Boulevard
Honolulu, HI 96813
(808) 586-8143 (recycling)
(808) 586-4227 (disposal)
IDAHO
Matt Garringer
Permits and Enforcement
Department of Environmental Quality
1410 North Hilton Street
Boise, ID 83720
(208) 334-5879
ILLINOIS
Doug Clay
Disposal Alternatives Unit
Illinois Environmental Protection Agency
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276
(217) 524-3300
INDIANA
Jim Hunt
Hazardous Waste Branch
Department of Environmental Management
105 South Meridian Street
Indianapolis, IN 46206-6015
(317) 232-4535
IOWA
Scott Cahail
Waste Management Division
Department of Natural Resources
Wallace State Office Building
DesMoines,IA 50319
(515) 281-8263
KANSAS
Joe Cronin
Solid Waste Section
Department of Health and the Environment
Forbes Field, Building 740
Topeka, KS 66620
(913) 296-1667
KENTUCKY
Steven Brigand!
Division of Waste Management
Department of Environmental Protection
HReillyRoad
Frankfort, KY 40601
(502) 564-6716
Used Oil Questions and Answers
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LOUISIANA
John Glenn
Elvision of Solid Waste
Etepartment of Environmental Quality
P.O. Box 82178
Baton Rouge, LA 70884-2178
(S04) 765-0249
MAINE
Kick Kaselis/Peter Blanchard
Hazardous Material and Solid Waste Control
Environmental Protection Department
State House Station 17
Augusta, ME 04333
GOT) 287-2651
MARYLAND
Herbert Meade
CHI Control Program
Etepartment of the Environment
2500 Broening Highway
Baltimore, MD 21224
(410) 631-3442
Inquiries on used oil recycling:
Maryland Environmental Services
2011 Commerce Park Drive
Annapolis, MD 21401
(410) 974-7282
0300) 473-2925
MASSACHUSETTS
EKkran Kaligiam
Division of Hazardous Waste
Etepartment of Environmental Protection
One Winter Street, 7th Floor
Eoston,MA 02108
OilT) 556-1022
MICHIGAN
LonnieLee
Waste Management Division
E)epartment of Natural Resources
P.O. Box 30241
Lansing, MI 48909
(1517)373-4735
0517) 373-2730
MINNESOTA
Glen Skuta
Hazardous Waste Program Development
Pollution Control Agency
520 Lafayette Road
St. Paul, MN 5515£3f?S
(612) 297-8319
MISSISSIPPI
David Lee (disposal)
Chris Bowen (recycling)
Office of Pollution Control
Department of Environmental Quality
P.O. Box 10385
Jackson, MS 39285-0385
(601) 961-5377 (disposal)
(601)961-5321 (recycling)
MISSOURI
June Sullons
Hazardous Waste Program
Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
(314) 751-3176
(800) 334-6946
MONTANA
BUI Potts
Department of Health & Environmental Science
Solid and Hazardous Waste Bureau
Cogswell Building
Helena, MT 59620
(406) 444-1430
NEBRASKA
Lance Pinfield
Hazardous Waste Section
Department of Environmental Quality
P.O. Box 98922
Lincoln, NE 68509-8922
(402) 471-4210
Used Oil Questions and Answe rs
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NEVADA
Hazardous Waste Hotline
University of Nevada at Reno
(702)784-1717
(800) 882-3233 - Nevada only
Waste Management Bureau
Department of Conservation and
Natural Resources
333 West Nye Lane
Carson City, NV 89710
(702) 687-5872
NEW HAMPSHIRE
Christopher Way
Waste Management Division
Department of Environmental Services
6 Hazen Drive
Concord, NH 03301-6509
(603)271-2942
NEW JERSEY
Office of Communications
Solid Waste Management
Department of Environmental
Protection and Energy
CN414
Trenton, NJ 08625-0414
(609) 530-8593
NEW MEXICO
Greg Baker
Solid Waste Bureau
Environment Department
1190 Saint Francis Drive
P.O. Box 26110
Santa Fe,NM 87502
(505) 827-2780
NEW YORK
BillMirabile
Division of Solid Waste
Department of Environmental Conservation
50 Wolfe Road, Room 200
Albany, NY 12233-4015
(518) 457-8829
NORTH CAROLINA
Margaret Babb
Hazardous Waste Section
Department of Environment,
Health, and Natural Resources
P.O. Box 27687
Raleigh, NC 27611
(919) 733-2178
NORTH DAKOTA
Steve Herda (disposal)
Robert tubbs (recycling)
Waste Management Division
Department of Health
1200 Missouri Avenue
P.O. Box 5520
Bismark, ND 58502-5520
(701)221-5166
OHIO
Art Coleman
Division of Hazardous Waste Management
Ohio Environmental Protection Agency
1800 Water Mark Drive
Columbus, OH 43266-0149
(614) 644-2968
(614) 644-2917
OKLAHOMA
Bryce Hulsey (recycling)
Glen Wheat (disposal)
Solid Waste Management
Department of Health
1000 Northeast Tenth Street
Oklahoma City, OK 73117
(405) 271-7160 (recycling)
(405) 271-7114 (disposal)
OREGON
Peter Spendelow (households)
Rick Volpel (regulations)
Hazardous and Solid Waste Quality Division
Department of Environmental Quality
811 Southwest Sixth Avenue
Portland, OR 97204
(503) 229-5253 (households)
(503) 229-6590 (regulations)
Used Oil Questions and Answers
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Page
PENNSYLVANIA
William LaCour
Waste Minimization and Planning
Department of Environmental Resources
400 Market Street
P.O. Box 8472
Harrisburg, PA 17105-8472
(717)783-6004
RHODE ISLAND
Eugene Pepper (households)
Office of Environmental Coordination
Beverly Midliore (regulations)
Civision of Waste Management
Department of Environmental Management
83 Park Street
Providence, RI 02903
(401) 277-3434 (households)
(401) 277-2797 (regulations)
SOUTH CAROLINA
Robert Fairy
Solid Waste, Reduction, and Recycling
Department of Health and
Environmental Control
2600 Bull Street
Columbia, SC 29201
(803) 734-5195
SOUTH DAKOTA
Terry Kelly
Office of Waste Management
Department of Environment and
Natural Resources
319 South Coteau
500 East Capitol Avenue
Pierre, SD 57501-5070
0505) 773-3153
TENNESSEE
Jeff Norman
Solid Waste Management Division
Department of Environment and Conservatioiji
L & C Tower, 5th Floor
401 Church Street
Nashville, TN 37243-1535
(615) 532-0838
TEXAS
Gary Davis
Recycling and Waste Minimization Division
Natural Resource Conservation Commission
P.O. Box 13087
Austin, TX 78711
(512) 239-6750
UTAH
Sandy Hunt
Division of Solid and Hazardous Waste
Department of Environmental Quality
288 North, 1460 West
P.O. Box 144880
Salt Lake City, UT 84114
(801)538-6170
VERMONT
Andrea Cohen
Solid Waste Management Division
Department of Environmental Conservation
Laundry Building
103 South Main Street
Waterbury,VT 05671-0407
(802) 244-7831
VIRGINIA
Steve Frazier
Waste Division
Department of Environmental Quality
Monroe Building, llth Floor
101 North 14th Street
Richmond VA "3219
(804) 225-2667
(800) 552-3831 - Virginia only
Used Oil Questions and Answf rs
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Page 30
WASHINGTON
Steve Barret
Solid Waste Services
Department of Ecology
P.O. Box 47600
Olympia,WA 98504-7600
(206)459-6286
(206)438-7541
WEST VIRGINIA
Olie Harvey
Hazardous Waste Management Section
Department of Commerce, Labor, and
Environmental Resources
1356 Hansford Street
Charleston, WV 25301
(304) 558-3370
Inquiries from households:
(800) 472-8286 - West Virginia only
WISCONSIN
Andy Swartz
Solid and Hazardous Waste
Department of Natural Resources
P.O. Box 7921 (SW-3)
Madison, WI 53707-7921
(608) 266-2111
WYOMING
Tim Link
Solid and Hazardous Waste
Department of Environmental Quality
Herschler Building
122 West 25th Street
Cheyenne, WY 82002
(307) 777-7162
Used Oil Questions and Answers
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