United States
Environmental
Protection Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-R-99-070
PB2000-10T910
February 2000
RCRAf Superfund & EPCRA
Hotline Training Module
Introduction to:
Used Oil
(40 CFR Part 266f Subpart E, and Part 279)
Updated October 1999
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DISCLAIMER
This document was developed by BoozAllen & Hamilton Inc. undercontract 68-WO-0039 to EPA. It is intended to
be used as a training tool forHotline specialists and does notrepresenta statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference toolon Hotlinecalls.
The Hotline revises and updates this document as regulatory pro gramareas change.
The information in this docume nt may not necessarily reflect the current position of the Agency. This document is
not intended and cannot be relied upon to create any rights, substantive orprocedural, enforceable by any party in
litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers
National toll-free (outside of DC area) (800) 424-9346
Loca I num ber (withi n DC a rea) (703) 412-9810
National toll-free for the hearing impaired (TDD) . (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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USED OIL
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 History and Background 3
2.2 Current Program 4
2.3 Former Program 18
3. Special Issues 23
3.1 Used Oil Filters 23
3.2 Tank Storage of Used Oil 23
3.3 CERCLA Liability Exemption for Service Stations 24
3.4 Effective Date and State Authorization 24
3.5 Used Oil Mixture Rule 25
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Used Oil -1
1. INTRODUCTION
This training module reviews the various regulatory requirements associated with used
oil management. Congress passed the Used Oil Recycling Act (UORA) in 1980,
requiring EPA to address the hazards posed by used oil, and develop a regulatory
scheme to ensure proper management and disposal practices. The provisions of the
UORA were incorporated into §3014 by the Hazardous and Solid Waste Amendments
to the Resource Conservation and Recovery Act (RCRA); however, used oil emerged as
a separate issue apart from hazardous waste. In developing regulations for used oil,
EPA has endeavored to balance the RCRA mandate to protect human health and the
environment with the RCRA mandate to conserve resources through used oil recycling.
On November 29,1985, EPA developed a used oil program that primarily regulated
used oil recycled by being burned for energy recovery. These regulations were codified
in Part 266, Subpart E. To fulfill the statutory requirement of RCRA §3014, EPA
finalized on September 10,1992, standards establishing requirements for generators,
transporters, transfer facilities, collection centers, processors and re-refiners, burners,
and marketers in 40 CFR Part 279. The rule also included provisions for cleanup in the
case of a spill or release of used oil. The old program in Part 266, although superseded
on the federal level by Part 279, remains in effect in many authorized states. As a result,
some states are operating under the present program and others are operating under
the former program. For this reason it is critical to be well-versed in both used oil
programs.
The goal of this training module is to provide an overview of the used oil management
program and to explain the different regulatory scenarios that can apply to used oil.
The module begins by briefly tracing the developmental history of the regulations
concerning used oil. A summary of the present used oil management program, as well
as a brief summary of the former program, provides a basic comparison and
introduction to both programs. After you complete the training session, you should be
able to:
• Distinguish between the used oil management standards of Part 279 and the
former used oil regulations under Part 266, Subpart E
• Identify the different types of used oil handlers and their requirements under the
used oil management standards, and summarize the requirements for the used
oil handlers regulated under the former program
• Explain the difference between on- and off-specification used oil
• Distinguish between the recycling presumption and the rebuttable presumption
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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2 - Used Oil
Describe how the present regulations will become effective in both authorized
and unauthorized states
Explain under what circumstances used oil filters may be disposed of as
nonhazardous
Describe the four pathways of potential regulation of used oil under the former
program and compare differences with the present used oil management
standards.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil - 3
2. REGULATORY SUMMARY
This summary of the regulatory provisions affecting the management of used oil for the
former and present used oil programs provides some basic references and definitions
which will be encountered throughout the module. The present program, promulgated
in the September 10,1992, Federal Register (57 FR 41566), is codified in Parts 261 and
279. Under this program, used oil is defined as any oil that has been refined from crude
oil (or synthetic oil), that has been used, and as a result of such use is contaminated by
physical or chemical impurities. Types of oils included in this definition are spent
automotive lubricating oils, hydraulic fluids, compressor oils from refrigeration units,
and metal working oils. The former used oil program defined used oil similarly, except
that synthetic oils were not explicitly included in the definition.
Though the former program was significantly narrower in scope than the present
program, several concepts were retained through the transition of the programs and
will be discussed in more detail later in the module. Although the former program is
no longer in the CFR, the preamble to the final rule promulgated in the November 29,
1985, Federal Register (50 FR 49164), provides useful background and regulations that
are still in effect in many states. The following discussion in Section 2.1 addresses the
history and background of the used oil regulations.
2.1 HISTORY AND BACKGROUND
RCRA §3014 required EPA to decide whether or not to list used oil as regulated
hazardous waste under RCRA and to establish standards applicable to used oil
recycling. On November 29,1985, EPA issued a proposed rule to list all used oil as
hazardous waste, including petroleum-derived and synthetic oils (50 FR 49164). On the
same day, management standards were proposed for recycled used oil and final
regulations were issued prohibiting burning off-specification used oil in nonindustrial
boilers and furnaces. By November 19,1986, EPA decided not to list used oil, primarily
because of the possibility that characterizing used oil as a hazardous waste might
discourage or hinder recycling practices (51 FR 41900).
A 1988 court decision required EPA to reconsider listing used oil based on the technical
criteria for listing waste specified in the statute, rather than the effects listing might
have on the competing goal of recycling. Consequently, a supplemental proposed rule
published in the Federal Register on September 23,1991, offered three options for
regulating used oil recycling (56 FR 48000). The first option was to identify all used oils
as listed hazardous waste under RCRA. Alternatively, EPA could have designated only
certain used oils (primarily the nonindustrial ones) as hazardous. The third option was
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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4 - Used Oil
to promulgate basic management standards for used oil, and only categorize used oil as
RCRA hazardous waste when disposed.
Prior to making a final selection of one of the three approaches to recycled used oil
regulation, the final rule of May 20,1992, stated that used oil destined for disposal
would not be listed as a hazardous waste (57 FR 21524). EPA said that most used oil
has the potential to be recycled, either through re-refining or burning for energy
recovery, and that when destined for disposal, the existing network of regulations
provides adequate protection from plausible mismanagement scenarios. Additionally,
an exclusion was added under §261.4(b)(13) stating that certain used oil filters that have
been properly drained may be disposed of as nonhazardous (see Section 3.1 of this
module for discussion). The Agency deferred the listing decision on used oil destined
for recycling at this time and any decision on management standards for used oil.
On September 10,1992, EPA promulgated both a final listing decision for recycled used
oil and management standards for used oil pursuant to RCRA §3014 (57 FR 42566). The
Agency decided not to list recycled used oils because the management standards issued
in this rulemaking would adequately protect human health and the environment.
These standards affect generators, transporters, burners, marketers, processors, and re-
refiners of used oil. The management standards were codified as Part 279. In this rule,
the Agency stated that there is a presumption that all used oil will be recycled until the
used oil is disposed of or sent for disposal (57 FR 41578). Used oil that is disposed of
will need to be characterized like any other solid waste and need to be managed as
hazardous if it exhibits a characteristic of hazardous waste or if it is mixed with a listed
hazardous waste.
2.2 CURRENT PROGRAM
The present program hinges on the presumption that most used oil will be recycled
instead of disposed. This means that virtually all used oil will be subject to the same
management standards under Part 279. The former program did not make this
presumption and therefore imposed variable requirements for used oil management.
The current used oil regulations also expanded the requirements that used oil handlers
must fulfill.
RECYCLING PRESUMPTION
In the September 23,1991, supplemental notice of proposed rulemaking, the Agency
first introduced the idea of the recycling presumption (56 FR 48000). According to
industry data collected by the Agency, a majority of used oil that enters the recycling
system ends up being recycled either by being burned for energy recovery or by being
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil - 5
re-refined. These data led to the recycling presumption, which is a regulatory provision
that presumes used oil will be recycled.
In cases where used oil handlers cannot recycle their used oil, the Agency proposed
different criteria for rebutting the recycling presumption. In the September 10,1992,
final rule, however, EPA decided that establishing specific criteria was not feasible or
necessary. Because the Agency assumes all used oil will be recycled, it is only when
used oil is sent for disposal that it is no longer subject to the Part 279 standards. The
recycling presumption simplifies the used oil management system by ensuring that
handlers need only comply with one set of standards.
USED OIL V. OILY WASTE
Used oil is defined as any oil that was refined from crude oil or any synthetic oil, and
that is used and as a result of such use is contaminated by physical or chemical
impurities. Used oil and waste oil are not interchangeable terms. Waste oil or oily
waste does not always meet the definition of used oil. Bottom waste from an oil storage
tank or virgin oil spill residue may be contaminated with impurities but still not meet
the definition in §279.1 because these materials have never been used.
MIXTURES
One confusing aspect of the present used oil management standards involves mixtures
of used oil and other materials. This section discusses mixtures of used oil with
hazardous and solid waste, as well as products, and how these mixtures are regulated.
The rebuttable presumption, outlined below, begins to address mixtures of used oil and
hazardous wastes.
Rebuttable Presumption
Mixtures of hazardous waste and used oil ordinarily would be classified as hazardous
waste. From an enforcement point of view, however, the Agency cannot always
determine if used oil has been mixed with a hazardous waste, so EPA decided to use an
objective test. Since hazardous spent halogenated solvents were often found to be
mixed with used oil, EPA established the "rebuttable presumption" addressing halogen
levels. The concept of the rebuttable presumption was established in the former
regulations, and its basic premise is retained in the present program.
Used oil that contains more than 1,000 parts per million (ppm) of total halogens is
presumed to have been mixed with a regulated halogenated hazardous waste (i.e.,
spent halogenated solvents), and is therefore subject to applicable hazardous waste
' regulations. A person may rebut this presumption by demonstrating, through analysis
or other documentation, that the used oil has not been mixed with halogenated
hazardous waste. One way of doing this is to show that the used oil does not contain
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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6 - Used Oil
significant concentrations of halogenated hazardous constituents (50 FR 49176;
November 29,1985). If the presumption is successfully rebutted, meaning the oil is not
considered to have been mixed with a regulated hazardous waste, then it will be subject
to the used oil management standards instead of the hazardous waste regulations.
The Agency believes, however, that some oils can become contaminated with more than
1,000 ppm halogens just through the normal use of the oil, without actually mixing the
used oil with a hazardous waste. In the present program, the Agency amended the
former regulations to exempt two specific types of used oil from the rebuttable
presumption. Both metalworking oils containing chlorinated paraffins and used
refrigeration compressor oils containing chlorinated fluorocarbons (CFCs) are exempt
from the rebuttable presumption. In other words, if a person generates one of these
types of used oil, that person does not have to prove that the oil has not been mixed
with a hazardous waste, even though it may contain more that 1,000 ppm total
halogens. The rebuttable presumption is codified in §261.3(a)(2)(v), under the definition
of hazardous waste, and in Part 279, Subpart B, under applicability, as well as under the
requirements for generators, transporters, processors, and burners.
Mixtures of Used Oil and Hazardous Waste
The present regulations, like the former, require that mixtures of used oil and listed
hazardous waste continue to be regulated as hazardous waste and managed according
to all applicable hazardous waste standards. This straightforward principle for
mixtures of used oil and listed waste does not apply to mixtures of used oil and
characteristic hazardous waste. The present regulations lay out two scenarios for
mixtures of used oil and characteristic waste. The first scenario involves used oil that is
mixed with a waste that is hazardous solely because it exhibits the characteristic of
ignitability. If the resultant mixture is no longer ignitable, then the mixture can be
managed as used oil, despite the inherent characteristics that the used oil may bring to
the mixture (§279.10(b)(2)(iii)). The second scenario involves used oil mixed with a
waste that is hazardous because it exhibits one or more characteristic of hazardous
waste (other than just ignitability). The resultant mixture must no longer exhibit any
characteristics if it is going to be managed as used oil (§279.10(b)(2)(i) and (ii)).
The difference in the two scenarios is critical because used oil will often inherently
exhibit a characteristic from its normal use. For example, used oil that displays the
toxicity characteristic for lead (D008) is mixed with an ignitable hazardous waste
(D001). Section 279.10(b)(2)(iii) allows this mixture to remain under the umbrella of
used oil regulation even if it fails the Toxicity Characteristic Leaching Procedure (TCLP)
for lead (D008), as long as the mixture is no longer ignitable. On the other hand, if the
D008 used oil had been mixed with a reactive waste (D003), then the resultant mixture
would need to be void of both characteristics in order to be managed as used oil.
Otherwise, the mixture would need to be managed as hazardous waste.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil - 7
Mixtures of Used Oil with Solid Waste
Unlike mixtures with hazardous waste, any mixture of used oil with solid waste or any
material contaminated with or containing used oil is regulated under the Part 279
standards as used oil. Once the used oil has been properly drained or removed from
the mixture to the extent possible such that no visible signs of free-flowing oil remain in
or on the solid waste, the solid waste is no longer subject to regulation as used oil, but
rather is classified as a solid waste. Any used oil separated from this type of mixture
remains subject to all applicable Part 279 standards. The exception to this is that a solid
waste from which free-flowing used oil has been removed is still subject to regulation as
used oil if it is burned for energy recovery.
Mixtures of Used Oil with Products
The blending of used oil generated in diesel-powered vehicles with diesel fuel is
excluded from the processing and re-refining standards when the mixture is used in the
generator's own vehicles as a fuel. The mixture itself is also specifically excluded when
used in this manner. The practice is recommended by diesel engine manufacturers and
the Agency has found that the resultant fuel is low in toxic contaminants. In addition,
as stated earlier, diesel and marine engines are not covered by the standards for used oil
burners.
Other Mixtures
Used oil that is considered to be a hazardous waste solely because it exhibits one or
more characteristic of hazardous waste (§§261.21-261.24), because it has been mixed
with hazardous waste subject to the special provisions of §261.5 for conditionally
exempt small quantity generators (CESQGs), or because it has been mixed with
household hazardous waste is subject to regulation as a used oil, not
as a hazardous waste.
MATERIALS DERIVED FROM USED OIL
Section 279.10(e) dictates when a material is no longer subject to regulation as used oil.
Specifically, materials that are reclaimed from used oil and are used beneficially
without being burned for energy recovery are not considered used oil and are not
subject to the Part 279 standards. These materials are also not considered solid waste
and would, therefore, not be subject to regulation under any part of RCRA. Materials
produced from used oil that are burned for energy recovery are regulated as used oil
and are subject to Part 279. Materials derived from used oil that are disposed of or used
in a manner constituting disposal are not considered used oil, but instead are
considered solid wastes and subject to all applicable solid and hazardous waste
standards.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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8 - Used Oil
CONDITIONAL EXEMPTIONS
As with any rule or set of regulations, there are always some exceptions. Along these
lines, some types of used oil are conditionally exempt from the Part 279 standards when
managed in accordance with §279.10.
Distillation and Tank Bottoms from Exempt Mixtures
Distillation bottoms from re-refining used oil are excluded from Part 279 regulation and
hazardous waste regulation when the bottoms are used as ingredients in asphalt paving
and roofing materials. Because data indicate that these distillation bottoms do not
exhibit the toxicity characteristic and the practice is common in the industry, the
Agency has decided not to regulate them when used in this manner.
Crude Oil Pipelines
Used oil that is inserted into a crude oil pipeline is not subject to Part 279 standards
once the used oil enters the pipeline or when it is placed in a stock tank connected to the
pipeline. The Agency believes that once introduced into a pipeline, used oil does not
pose a greater threat of a release than either crude oil or natural gas liquids. Therefore,
owners and operators of natural gas and crude oil processing plants can introduce used
oil into their pipelines or stock tanks that are connected to the pipeline without meeting
Part 279 standards. Prior to placement in the pipeline, however, the oil is subject to all
applicable used oil management standards. A mixture of used oil and crude oil or
natural gas liquids where the amount of used oil is less than one percent the total
volume of the mixture is not subject to regulation during storage and transportation
prior to insertion into the pipeline.
Petroleum Refineries
In the May 4,1994, Federal Register (59 FR10550), the pipeline exemption was
expanded to include certain activities at petroleum refining facilities. For instance, a
mixture of crude oil or natural gas and less than one percent used oil is not subject to
Part 279 if the mixture is inserted into the refining process prior to crude distillation or
catalytic cracking (these are the first steps in petroleum refining where crude oil is
separated and impurities are removed). This provision is similar to the exemption for
crude oil or natural gas pipelines. At a petroleum refinery, as crude oil is piped in, used
oil may be inserted into a petroleum refinery process unit before distillation or catalytic
cracking without being subject to Part 279, as long as the used oil constitutes less than
one percent of the crude oil feed at any given time. Used oil that is inserted into the
refining process after distillation or catalytic cracking would only be exempt if the used
oil meets the specifications in §279.11. In both of the situations noted above, prior to
insertion the used oil is subject to any applicable Part 279 requirements. Another
situation where used oil may be exempt from Part 279 at a petroleum refining facility is
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil - 9
when used oil is incidentally captured by a hydrocarbon recovery system or wastewater
treatment system as part of routine process operations. On the other hand, if the used
oil is intentionally introduced to a hydrogen recovery system, it will not be exempt.
Incidental occurrences may include drips, leaks, and spills from compressors, valves,
and pumps.
Wastewater
Wastewaters contaminated with de minimis quantities of used oil are also excluded
from the present requirements because these wastewaters are regulated by the Clean
Water Act. De minimis quantities of used oil are small spills, leaks, or drippings from
pumps, machinery, pipes, and other similar equipment during normal operations, or
when small amounts of oil are lost to the wastewater treatment system during washing
or draining. Any used oil that is recovered from wastewater, however, falls under full
regulation as used oil.
PCBs
Used oils that are contaminated with PCBs in concentration of 50 ppm or greater are
subject to regulation under the Toxic Substances Control Act (TSCA) (§279.10). EPA
believes that the current requirements in TSCA for PCB-contaminated wastes
adequately control the management and disposal of used oils containing PCBs.
Therefore, used oil that contains 50 ppm or more of PCBs is not subject to the
requirements of Part 279.
SPECIFICATION
For purposes of regulating used oil burned for energy recovery, the Agency made a
distinction between specification and off-specification used oil. Specifications are a set
of criteria intended to be protective of human health and the environment in all
circumstances. A used oil that meets the specification levels is comparable to a product
fuel oil in terms of regulation. Used oil that is tested and is not within these set
parameters is termed off-specification. Once used oil has been shown not to exceed
specification levels, it is not subject to the restrictions on burning in Part 279, Subpart G.
Off-specification used oil can only be burned for energy recovery in industrial and
utility boilers, industrial furnaces, used oil-fired space heaters, and hazardous waste
incinerators regulated under Part 264/265, Subpart O. The first person to document
that the used oil being burned for energy recovery meets the specification criteria is
considered the marketer of the used oil and is responsible for meeting the
recordkeeping requirements of §§279.72,279.73, and 279.74(b).
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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10-Used Oil
Criteria
Section 279.11 outlines the specification levels and prescribes the amount of regulation
that applies to specification and off-specification used oil under Part 279 when the used
oil is to be burned for energy recovery. Both types of used oil may be burned for
energy recovery, but off-specification used oil is subject to certain prohibitions. Used oil
is considered to be off-specification if it has a flash point below 100 degrees Fahrenheit,
or contains more than the allowable levels of any of certain constituents.
The following table lists the allowable levels of constituents in used oil. Used oil
exceeding any of these levels is considered off-specification.
Constituent Allowable Level
Arsenic 5 ppm maximum
Cadmium 2 ppm maximum
Chromium 10 ppm maximum
Lead 100 ppm maximum
Total Halogens 4,000 ppm maximum
Blending
Blending used oil to meet specification is permitted, since EPA believes blended oil
poses no greater hazard than dirty virgin fuel oil. Used oil with over 1,000 ppm total
halogens, however, may not be blended to lower the halogen level below 1,000 ppm in
order to apply the rebuttable presumption and call it nonhazardous; the rebuttable
presumption must be applied to the used oil before it is blended with other materials.
A used oil handler blending used oil for purposes of meeting specification would be
subject to the processor and re-refiner regulations in Part 279, Subpart F.
GENERAL PROHIBITIONS
Section 279.12 codifies specific prohibitions on the management of used oil. Used oil
cannot be stored in a surface impoundment or waste pile, unless the unit is subject to
regulation under Parts 264 and 265. Also, the use of used oil for road oiling or as a dust
suppressant is prohibited, unless a state petitions EPA to allow this activity provided it
meets the specified conditions in §279.82. The state must demonstrate in the petition
how the state's program will minimize the environmental impacts of such activity.
Another general prohibition addresses burning off-specification fuel in certain units.
Burners may only burn used oil in an industrial boiler or furnace as defined in §260.10,
in a hazardous waste incinerator subject to regulation under Part 264/265, Subpart O,
or in a used oil-fired space* heater. When burning in a space heater unit, the owner or
operator must either generate the oil he burns himself or receive it from do-it-yourself
oil changers. The maximum capacity of the device may not exceed 0.5 million Btu per
hour and combustion gases must be vented to the ambient air (§279.12(c)(2)(iii)).
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil-11
USED OIL GENERATORS
A used oil generator is any person, by site, whose act or process produces used oil or
whose act first causes used oil to become subject to regulation. Because the generation
of used oil is so widespread, with generators ranging from multinational corporations
to local service stations, used oil generators are subject to limited standards under Part
279, Subpart C. The recycled used oil standards place basic requirements on storage
and require compliance with the rebuttable presumption for all generators of used oil.
Exceptions
Certain used oil generators are not subject to the regulations in Subpart C of Part 279.
These include the following: (1) household do-it-yourselfers (DIYs) — individuals who
generate used oil from the maintenance of their personal vehicles or other household
sources; (2) vessels at port or at sea; (3) generators after mixing diesel fuel and used oil
to be used in their own vehicles as a fuel; and (4) farmers who, in a month, generate no
more than 25 gallons of used oil from farm vehicles or machinery (§279.20(a)).
Storage
The primary requirements placed on generators involve good housekeeping practices
for storing used oil on site. Used oil can only be stored in containers and tanks that are
in good condition; i.e., free of any visible spills, leaks, structural damage, or
deterioration (§279.22(b)). Containers, aboveground tanks, and fill pipes used to
transfer used oil into underground storage tanks need to be clearly marked with the
words "Used Oil" to prevent incidental mixing of used oil with hazardous waste or
other materials. Used oil can also be stored in units already subject to regulation under
Parts 264 and 265, such as lined surface impoundments, and in underground storage
tanks (USTs) subject to regulation under Part 280. Generators of used oil have no time
or quantity limitations on storing used oil because the Agency feels that used oil is a
marketable commodity; therefore, there is an incentive for the generator to send used
oil off-site for recycling. In the event of a release from one of these units to the
environment, the generator must comply with the response measures set forth in
§279.22(d) which include stopping and containing the release, properly managing any
used oil or contaminated materials, and repairing or replacing the leaking container or
tank. Releases from underground storage tanks that are subject to UST corrective action
are regulated under Part 280 standards for USTs, not under Part 279.
Burning
Generators can burn their own used oil and DIY-generated used oil in used oil-fired
space heaters without complying with regulations for used oil burners in Part 279,
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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12-Used Oil
Subpart G. The heaters must have a maximum capacity of 0.5 million Btu per hour and
the combustion gases must be vented into the ambient air.
Processing
Used oil generators that process or re-refine used oil are also subject to regulation under
Part 279, Subpart F. There are some activities, however, that a generator may engage in
that would not be considered processing, and thus not subject to Subpart F. There are
five activities that a generator may perform and not be considered a processor as long
as the used oil was generated on-site and it is not being sent directly off-site to a burner.
A generator may (1) filter, clean, or recondition used oil to be reused by the generator;
(2) separate used oil generated on-site from wastewater to meet Clean Water Act
regulations prior to discharge of the wastewater; (3) capture used oil droplets in the air
by a mist collector to make in-plant air amenable for recirculation; (4) drain or remove
used oil from materials containing or contaminated with used oil; and (5) filter,
separate, or recondition used oil before burning it in a space heater on-site. The March
4,1994, Federal Register, amended the generator requirements to clarify that these
activities would not subject a generator to the processing regulations in Subpart F (59
FR10550).
Off-Site Shipments
Although most transportation of used oil is regulated under Part 279 standards, a
generator is allowed to transport some of his/her own used oil and used oil collected
from DIY generators provided the following conditions are met: (1) the generator must
bring the used oil to either an approved collection center or self-owned or -operated
aggregation point; (2) the used oil must be delivered in shipments of 55 gallons or less;
and (3) the used oil must be transported in a vehicle owned by the generator or an
employee of the generator. The generator can also have his used oil transported by a
transporter without an EPA identification number if a tolling arrangement is made in
accordance with the regulations in §279.24(c). In all other situations, generators must
ensure that their used oil is transported by a transporter who has obtained an EPA ID
number.
USED OIL COLLECTION CENTERS AND AGGREGATION POINTS
To encourage and facilitate the recycling of used oil from small sources, the Agency
created reduced requirements for used oil collection centers and aggregation points in
Part 279, Subpart D.
Do-It-Yourselfer Used Oil Collection Centers
Under Part 279, Subpart D, there are two types of used oil collection centers, DIY used
oil collection centers and used oil collection centers. A DIY used oil collection center is
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil -13
any site or facility that stores or accepts or aggregates used oil collected only from
people who generate used oil in their homes (i.e., household DIY used oil generators).
Owners and operators of DIY used oil collection centers need only comply with the
generator standards in Part 279, Subpart C.
Used Oil Collection Centers
The present regulations define a used oil collection center to mean any site or facility
that is registered, licensed, permitted, or recognized by a state, county, or municipal
government to manage used oil and accept, aggregate, or store used oil collected from
used oil generators regulated under Part 279, Subpart C. The used oil generator must
deliver the used oil in shipments of 55 gallons or less. Used oil collection centers may
also accept used oil from household do-it-yourselfers.
Used Oil Aggregation Points
A used oil aggregation point means any site or facility that accepts, aggregates, or stores
used oil collected only,from other used oil generation sites owned or operated by the
owner or operator of the aggregation point. The used oil must be transported to the
aggregation point in shipments of no more than 55 gallons. Used oil aggregation points
may also accept used oil from household do-it-yourselfers.
USED OIL TRANSPORTERS AND TRANSFER FACILITIES
A used oil transporter is any person who transports used oil, collects used oil from
more than one generator and transports the collected used oil, or owns or operates a
used oil transfer facility. Used oil transporters may consolidate or aggregate used oil
for the purposes of transporting and may conduct incidental processing operations that
occur during the normal course of transportation (e.g., separating water from used oil
that has settled during the aggregation or transportation process). Transporters who
otherwise produce used oil-derived products or make these products more amenable
for production are considered used oil processors.
Before the present used oil management standards, transporters of used oil were not
regulated under RCRA. Now used oil transporters must not only notify EPA of their
activities, but must also track their shipments and maintain compliance with the
rebuttable presumption. The management standards of Part 279, Subpart D are similar
to regulations for hazardous waste transporters in many respects, including a provision
for used oil transfer facilities.
Like generators, used oil transporters who engage in other used oil management
practices must follow the applicable standards in Part 279. For example, a transporter
who processes used oil must also comply with the requirements for used oil processors
and re-refiners in Part 279, Subpart F, including transporters who blend used oil with
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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14 - Used Oil
virgin oils to meet specification. Transporters, however, may conduct incidental
processing operations and consolidation for the purposes of transportation in
compliance with §279.41 without being considered a processor or re-refiner.
Storage
As with the hazardous waste regulations, used oil transporters may store used oil at
transfer facilities for a limited time during the normal course of transportation. EPA
defines transfer facility as any transportation-related facility including loading docks,
parking areas, and other areas where shipments of used oil are held for more than 24
hours and less than 35 days during the normal course of transportation. Transfer
facilities that store used oil for more than 35 days are subject to Part 279, Subpart F,
standards for used oil processors and re-refiners. Facilities that store used oil for less
than 24 hours do not meet the definition of used oil transfer facility and would not be
subject to these requirements.
Transfer facilities and transporters can store used oil in the same units as generators,
but must supply secondary containment for the storage units in accordance with
§279.45. If a release occurs during the course of transportation, the transporter is
required to take "appropriate and immediate action to protect human health and the
environment" (§279.43(c)).
Rebuttable Presumption
The used oil management standards require transporters to apply the rebuttable
presumption to all shipments of used oil. They must determine the total halogen
content of used oil prior to accepting a shipment for transport.
If the total halogen content exceeds 1,000 ppm, the used oil is presumed to have been
mixed with a halogenated hazardous waste. If the presumption of mixing can be
rebutted by documenting the source of the halogens, then the used oil can be managed
as used oil. Otherwise, the used oil contaminated with halogens is regulated as
hazardous waste under applicable solid and hazardous waste requirements.
BURNERS OF USED OIL FUEL
The used oil program only regulates the burning of off-specification used oil. The
burning of used oil that meets the specification criteria in §279.11 is not regulated by the
burner standards in Subpart G. Off-specification used oil fuel can only be burned in the
following three types of devices:
• Industrial furnaces — enclosed devices that use controlled flame combustion to
burn used oil or hazardous waste (limited to the 12 specific devices listed in
§260.10)
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil -15
• Boilers — enclosed devices that use controlled flame combustion to burn used oil
or hazardous waste for energy recovery (must meet the four criteria listed in
§260.10)
• Hazardous waste incinerators subject to regulation under Part 264/265, Subpart
O.
By limiting the burning of off-specification used oil to these three types of devices, the
present program prohibits the burning of used oil in nonindustrial boilers, including
boilers located at single or multifamily residences; commercial establishments such as
hotels, office buildings, or laundries; and institutional establishments such as hospitals,
colleges, prisons, or churches.
The other major provision applicable to burners under Part 279 involves storage. The
storage requirements for burners are essentially the same as those for generators
discussed earlier; however, storage areas at burner facilities must be equipped with
secondary containment in accordance with §279.64.
USED OIL FUEL MARKETERS
The current regulations define a used oil fuel marketer as any person who either
(1) directs a shipment of off-specification used oil from that facility to a used oil burner,
or (2) first claims that the used oil going to be burned for energy recovery meets the
specification requirements.
Used oil marketers can be divided into two categories: those that market off-
specification used oil and those that market oil that meets specification. For each
category different regulations apply under Part 279, Subpart H. The used oil fuel
marketer requirements are applicable to anyone, including a generator, transporter,
processor, or burner of used oil, who engages in marketing activities or who first claims
that the used oil meets the specification criteria. Under the present definition of
marketer, it is impossible for someone to only be a marketer without engaging in any
other used oil management practices. For example, a used oil generator who first
directs a shipment of off-specification used oil to a burner is a marketer as well as a
generator and must comply with the applicable requirements of Part 279, Subparts C
andH.
Off-Specification Used Oil Marketers
Used oil marketers handling off-specification oil are subject to the prohibitions found in
§279.71, as well as analysis of used oil fuel and notification to EPA of location and
description of used oil management activities. In addition, they must comply with the
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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16 - Used Oil
tracking requirements, including their EPA ID number, the name and address of both
the marketer and the receiving facility, the quantity delivered, and the date of
shipment.
Prior to initiating the first shipment to a burner or other marketer, a marketer must
acquire a one-time written and signed certification that the burner or marketer has
notified EPA of all used oil management activities and, if a burner, that the used oil will
only be burned in one of the allowable devices listed in §279.12(c). A marketer must
keep copies of all invoices for three years from the date received or prepared. Also,
copies of all off-specification certifications from other burners or marketers must be
kept for three years from the date of the last transaction with that person or facility.
Specification Used Oil Marketers
Used oil marketers handling specification used oil must analyze the used oil fuel to
show that it meets specification, as well as notify EPA if the marketer is the first one to
claim the oil meets specification. An operating log must be kept for each shipment,
including the name and address of the receiving facility, quantity, delivery date, and
cross-reference to the record of analysis to show it meets specification. Records of all
waste analysis documentation and operating logs must be kept for three years.
USED OIL PROCESSORS AND RE-REFINERS
Before the present used oil management standards were promulgated, used oil
processors and re-refiners were virtually unregulated. The only requirement placed on
them was that, like all other solid waste generators, they were required to make a
hazardous waste determination regarding any residues that were disposed. The
present regulations greatly increased the requirements for processors and re-refiners by
mirroring standards for hazardous waste treatment, storage, and disposal facilities
(TSDFs). These requirements include obtaining an EPA identification number and
complying with a used oil version of general facility standards.
Processing
Processing means any chemical or physical operation designed to produce or facilitate
the production of fuel oils, lubricants, or other used oil-derived products from used oil.
These operations include but are not limited to blending used oil with virgin petroleum
products, blending used oils to meet fuel specification, filtration, simple distillation,
chemical or physical separation, and re-refining. Processing, however, does not include
generators processing used oil generated on-site for use on-site. If transporters or
transfer facilities filter oil from oil-bearing transformers before returning it to its
original use, they would not be subject to processing standards.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil -17
Storage
Processors and re-refiners are subject to the same storage standards, including
secondary containment, as transporters or burners (§279.54). Processors and re-refiners,
however, have no time or quantity limitations on storing used oil.
There is one major difference in the storage requirements for processors and re-refiners.
Processing facilities must comply with stringent closure requirements (§279.54(h)). Both
aboveground tanks and containers need to have all used oil residues removed and any
units still containing used oil or residues must be taken off-site. The owner and
operator must decontaminate or remove used oil residues from all buildings, structures,
and soils at the site. If the owner and operator cannot demonstrate the absence of
contaminated soils at the time of closure, then the facility must be closed in accordance
with hazardous waste landfill standards (§279.54(h)(l)(ii)). Because the contaminated
equipment will ultimately be disposed of, hazardous waste regulations would apply if
the equipment exhibits a characteristic of hazardous waste.
General Facility Standards and Recordkeeping
Facilities that conduct processing are subject to general facility standards, similar to
interim status TSDFs (§279.52). These requirements include general facility
maintenance, fire and explosion prevention, emergency communication systems, and
release response plans. Every processing facility must have a contingency plan to
minimize the hazards to human health and the environment in the event of a fire,
explosion, or release of used oil.
Processors of used oil are also subject to tracking, planning, and recordkeeping
requirements: (1) the owner and operator must make a record of each shipment of used
oil that the facility accepts for processing in accordance with §279.56; (2) the owner and
operator must prepare an analysis plan that describes the procedures that will be used
in rebutting the presumption and determining if the used oil meets specification
requirements; and (3) the owner and operator must submit a biennial report to the
Regional Administrator containing information about the quantity of used oil processed
and the specific processes employed.
Rebuttable Presumption
The rebuttable presumption requirements for processors and re-refiners are similar to
the transporter requirements. Processors must determine the total halogen content of
the used oil prior to accepting the used oil shipment in accordance with §279.53. If the
presumption cannot be rebutted then the shipment is considered to be hazardous waste
and must to be managed by a hazardous waste TSDF.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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18 - Used Oil
2.3 FORMER PROGRAM
The former used oil program in Part 266, Subpart E, is narrower in scope than the
present used oil management standards. The program regulates used oil being burned
for energy recovery, so the used oil handlers subject to regulation under this program
were marketers and burners of off-specification fuel. There were no requirements for
generators, transporters, collection centers, or processors/re-refiners.
Many of the basic concepts from the former program have been retained in the current
program. For example, the rebuttable presumption, on- and off-specification used oil,
prohibitions on burning off-specification used oil, and the regulations for marketers and
burners are carried over from the former used oil management program. Essentially,
the regulations for marketers and burners are recodified in Part 279, Subparts G and H,
but for the sake of clarity, citations for Part 266, Subpart E, are used throughout this
section of the module.
Unlike the present used oil program, the former used oil program does not have a
recycling presumption, thus the regulation of used oil hinges upon the ultimate
destination of the used oil. There are four possible routes or pathways for the
management of used oil. The following section discusses these four routes or pathways.
THE FOUR PATHWAYS
The former used oil regulations provide four options, or pathways, for final disposition
of used oil. The standards to which a used oil handler is subject depend on the method
of handling and the final destination of the oil.
Used Oil Sent for Disposal
Used oil sent for disposal can either be incinerated or land disposed. If the used oil
displays a characteristic of hazardous waste, its disposal is regulated under RCRA. All
applicable requirements under Parts 262 through 265 and 268 would need to be met, as
well as any applicable state or local environmental regulations.
Used Oil That Is Recycled
According to the former regulations, used oil that is recycled in a manner other than
being burned for energy recovery, and is only hazardous due to characteristics, is
exempt from Parts 262 through 266,268,270, and 124, and RCRA §3010 notification per
§261.6(a)(3)(iii). An example would be a used oil that is being re-refined.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil -19
Used Oil Used in a Manner Constituting Disposal
Used oil used in a manner constituting disposal is addressed under §266.23(b). The use
of waste or used oil or other material that has been contaminated with dioxin or any
other hazardous waste (other than a waste identified as hazardous solely due to
ignitability) for dust suppression or road treatment is prohibited. In other words, any
used oil that exhibits one or more characteristic of hazardous waste, other than
ignitability, is banned from use as a dust suppressant.
Used Oil Burned for Energy Recovery
According to the former regulations, used oil that is burned for energy recovery is
subject to regulation under Part 266, Subpart E. These requirements are briefly
discussed later in this section.
MIXTURE RULE
As with the present program, used oil that has been mixed with a listed hazardous
waste is subject to regulation as hazardous waste and if burned must be handled in
accordance with the requirements of Part 266, Subpart H, or Part 264/265, Subpart O
(§261.3(a)(2)(iv)). Mixtures of used oil and characteristic hazardous waste can be
managed in one of two ways, depending on whether or not the mixture exhibits a
characteristic. If the resultant mixture is void of characteristics, then it can be burned as
used oil under Part 266, Subpart E. If the mixture exhibits a characteristic of hazardous
waste, then it must be burned as hazardous waste in accordance with the BIF standards
in Part 266, Subpart H. Mixtures of used oil and characteristic waste that still exhibit a
characteristic and are not burned for energy recovery are subject to all applicable
hazardous waste regulations.
On the other hand, used oil that is considered to be a hazardous waste solely because it
exhibits one or more characteristic of hazardous waste (§§261.21-261.24) is regulated as
used oil. The used oil regulations also apply to used oil that exhibits a characteristic
because it has been mixed with hazardous waste subject to the special provisions of
§261.5 for conditionally exempt small quantity generators, or because it has been mixed
with household hazardous waste.
USED OIL BURNED FOR ENERGY RECOVERY
EPA estimates that over 800 million gallons of used oil are recycled each year, either by
burning for energy recovery or re-refining. Approximately 80 million gallons are
disposed of annually. Consequently, the majority of used oil regulations, particularly in
this program, are focused on those who generate, market, or burn used oil for energy
recovery purposes. The first question in considering regulatory requirements for
burning used oil under Part 266 is applicability: is the used oil regulated under Subpart
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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20 - Used Oil
E or is it considered hazardous waste and subsequently regulated under Subpart H?
Figure 1 provides a flowchart to assist you in making this determination.
REBUTTABLE PRESUMPTION
Originally, the rebuttable presumption was codified at §266.40(c). The present program
only amended it slightly by adding an exemption for refrigerator compressor oils and
some metalworking oils that become contaminated with halogens through normal use.
Also, the present regulations extend the applicability of the rebuttable presumption to
all used oil, not just used oil being burned for energy recovery.
SPECIFICATION
Section 266.40(e) outlines the specification levels and prescribes the amount of
regulation that applies to specification and off-specification used oil under Part 266,
Subpart E. Used oil that meets specification under the former program is not covered
by the burning regulations in Part 266, Subpart E, and may be burned in nonindustrial
boilers and furnaces. Specification used oil is, however, subject to requirements for
notification, analysis, and recordkeeping.
GENERATORS OF USED OIL
Generators of used oil destined for energy recovery are not subject to regulation under
Part 266 unless they are also marketing or burning the used oil. Generators who market
used oil directly to a burner are subject to the standards applicable to marketers
(§266.43). If the generator burns the used oil he or she is subject to the standards
applicable to burners (§266.44). If a generator produces a used oil that meets the
definition of a hazardous waste and the material is destined for disposal, the generator
must comply with all applicable hazardous waste regulations.
MARKETERS OF USED OIL
When EPA promulgated Part 279, it recodified the requirements for marketers of used
oil, originally found in §266.43, as Part 279, Subpart H. The only difference between
EPA's regulations for marketers under the present and former programs is that under
the former program, it is possible for a person to be a marketer without engaging in any
other regulated used oil management practices.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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22 - Used Oil
BURNERS OF USED OIL
According to the former regulations, burners of used oil are subject to the general
requirements and prohibitions under §266.44(b). Notification, including the location
and a general description of used oil management activities, is required for all burners
with only two exceptions. Neither owners and operators of used oil-fired space heaters
nor burners that receive used oil that meets specification from a marketer who has
previously notified EPA need to notify. For marketers of off-specification used oil, the
burner must provide the marketer with a one-time written and signed notice, certifying
that EPA was notified of the used oil management activities, and that the used oil will
only be burned in a unit identified in §266.41(b).
Used oil fuel analysis is required for generators who are also burners unless they have
other data or documentation stating that the used oil meets specification under
§266.40(e). Burners who treat off-specification used oil fuel by processing, blending, or
other treatment in order to meet specification under §266.40(e) also must obtain analysis
or other documentation that the used oil meets the specification. Burners must keep
copies of all invoices received, copies of all waste analysis information, and copies of all
certification notices sent to marketers, and retain them for three years.
Used crankcase oil from diesel engines is frequently blended with virgin diesel fuel and
burned in diesel engines or ship engines. Since they do not meet the definition of either
a boiler or an industrial furnace, however, diesel and marine engines are not covered by
these regulations (50 FR 49193; November 29,1985).
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil - 23
3. SPECIAL ISSUES
Used oil management is itself a hot topic; in addition, there are some closely related
issues that callers often ask about. The following is a summary of these corollary issues.
3.1 USED OIL FILTERS
In the September 23,1991, Federal Register, EPA discussed exempting used oil filters
that had been properly drained and crushed from the definition of hazardous waste (56
FR 48000). The Agency codified this exclusion in §261.4(b)(13) (57 FR 21531; May 20,
1992). The exclusion is limited to non-terne plated filters. Terne is described as an alloy
of tin and lead and may be used on filters found in heavy trucks or equipment. In
practice, it is difficult to differentiate between terne and non-terne plated filters, and the
generator of a used oil filter may have to contact the filter's manufacturer to obtain this
information. To meet the exemption the filters must have the used oil removed from
them in one of four ways. The filter may be punctured and hot-drained, hot-drained
and crushed, or hot-drained and dismantled. Finally, any other equivalent hot-draining
method may be used as long as it removes the oil. The term "hot-drained" means that
the used oil filter is drained near engine operating temperature. EPA does not require
the filter be drained for a certain length of time; however, based on previous research,
12 hours is recommended as adequate to remove the majority of the oil. If one of these
four methods is followed, the filter may be disposed of as nonhazardous.
3.2 TANK STORAGE OF USED OIL
Used oil is considered a "regulated substance" for the purposes of the underground
storage tank (UST) program, under the definitions in §280.12. Therefore, any
underground storage tank holding used oil that is destined for recycling, re-refining, or
burning for energy recovery would be regulated under Part 280 standards. Any
aboveground tank holding used oil under the same circumstances would be regulated
under 40 CFR Part 112 (Clean Water Act regulations) or state regulations. Under the
former used oil program, if a generator is storing used oil for disposal, the tank is
regulated under §262.34 and the applicable portions of Part 264/265, Subpart J. Under
the present program, since it is presumed used oil will be recycled, the hazardous waste
tank standards are not applicable. Instead, the Part 279 tank standards and any relevant
portions of the UST and Clean Water Act programs apply. The present regulations
specifically refer handlers to the requirements for tank storage in these programs.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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24 - Used Oil
3.3 CERCLA LIABILITY EXEMPTION FOR SERVICE STATIONS
Since 1986, §114(c) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) has offered a recycled used oil exemption from CERCLA
liability to service station dealers (SSD), as defined in CERCLA §101(37). Because of
three conditions set forth in the statute, no person could be eligible for the exemption
until the present recycled used oil management standards in Part 279 were created. The
first condition requires SSDs to be in compliance with management standards
promulgated pursuant to §3014 of RCRA. Since no standards had been promulgated
until September 10,1992, the exemption had been previously unusable. The second
condition does not allow SSDs to mix used oil with any hazardous substance. The third
condition requires the SSDs to accept DIY-generated used oil for recycling. The
exemption is limited to generator and transporter liability under CERCLA §§107(a)(3)
and (4), so the SSD would be responsible for conducting any corrective action measures
if a release of used oil occurs from any container, aboveground tank, or underground
storage tank on-site.
3.4 EFFECTIVE DATE AND STATE AUTHORIZATION
Because the present used oil requirements were promulgated pursuant to RCRA, the
regulations became automatically effective only in unauthorized states. In other words,
the present regulations replaced the former ones in unauthorized states and territories
(Alaska, Hawaii, Iowa, American Samoa, Northern Mariana Islands, Puerto Rico, the
Virgin Islands, and Wyoming at the time) on March 8,1993. In states that are
authorized to run their own hazardous waste programs in lieu of the federal program,
the Part 279 standards will not become effective until a state revises its program to
adopt equivalent requirements under state law.
Some of the Part 279 provisions, however, consist of former requirements that were
recodified from Part 266, Subpart E. As such, these requirements for marketers and
burners remain federally enforceable in states not authorized for them and state-
enforceable in those states that have already adopted them. This means four situations
are possible. First, in a state that is not authorized for any portion of RCRA, all of the
Part 279 regulations became effective on March 8,1993. In states that are authorized for
the base program but not the Part 266, Subpart E, requirements, Part 279, Subparts A
through F and I are not enforceable until the state is granted authorization, but Part 279,
Subparts G and H, remain federally enforceable. In states that are already authorized
for Part 266, Subpart E, the Part 279, Subparts G and H standards remain state-
enforceable, and the rest of Part 279 is not effective until the state adopts them. Finally,
states with EPA-approved Part 279 programs may enforce all of the Part 279
regulations. Under §271.21(e)(2), the Agency can set.a deadline by which these
authorized states must incorporate the present used oil regulations into their state code.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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Used Oil - 25
For the present used oil regulations, this date is set at July 1,1994, if a statutory change
is not necessary, or July 1,1995, if one is required.
The federal regulations provide requirements for used oil management; however, state
regulations may be more stringent and therefore take precedence. For example, New
York and Minnesota regulate used oil as a hazardous waste. Other states handle it as a
"special waste."
3.5 USED OIL MIXTURE RULE
On September 15,1994, the U.S. Court of Appeals for the District of Columbia Circuit
remanded the 1992 used oil mixture rule to EPA. The used oil mixture rule sets special
standards for mixtures of used oil and hazardous waste. The court ruled that the
mixture rule standards are less stringent that the RCRA Subtitle C regulations for other
mixtures of hazardous waste. According to the ruling, EPA must determine if the
mixture rule is inconsistent with RCRA, and if so, to withdraw it.
On October 30,1995, EPA announced an administrative stay of the used oil mixture rule
provisions (§279.10(b)(2)). These provisions are applicable to mixtures of used oil
destined for recycling with either characteristic hazardous waste, or waste listed as
hazardous because it exhibits a hazardous waste characteristic. Under the stay, these
mixtures would have been subject to the regulatory requirements for other mixtures of
hazardous and solid wastes, including the land disposal restrictions, until the Agency
completed a new rulemaking addressing §279.10(b)(2). On January 19,1996, however,
the United States Court of Appeals for the District of Columbia Circuit vacated the
administrative stay of the used oil mixture rule provisions (Safety-Kleen Corp. v. EPA).
This action reinstated §279.10(b)(2), applicable to mixtures of used oil destined for
recycling with either characteristic hazardous waste, or waste listed as hazardous
because it exhibits a hazardous waste characteristic.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but
is an introduction to the topic used for Hotline training purposes.
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