United States
Environmental Protection
Agency
Off Ice of
Solid Waste and
Emergency Response
ft EPA
DIRECTIVE NUMBER: 9938.14
TITLE: Transtnittal of Used Oil Management Inspection/
Enforcement Strategy
APPROVAL DATE: March 14, 1994
EFFECTIVE DATE: March 14, 1994
ORIGINATING OFFICE: OWPE
H FINAL
D DRAFT
LEVEL OF DRAFT
fj A — Signed by AA or DAA
fj B — Signed by Office Director
C] C — Review & Comment
REFERENCE (other documents):
Please note that chapters one through three are
being withheld from disclosure under FOIA exemption
552(b)(2) and (b)(7)(e). All EPA personnel wishing
to obtained more information about these sections
should contact Dave Lyons (202) 260-8310 or Lisa Harris]
(703) 603-8976.
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE
-------
^& r* n A United States Environmental Protection Agency
^VtrM Washington, D.C. 20460
OSWER Directive Initiation Request
1. Directive Number
9938.14
2. Originator Information
ime of Contact Person
Jeff Kelly
Mat) Code
5503
Office
OWPE
Telephone Code
(202) 260-2809
3. Title Transmittal of Used Oil Management Inspection/Enforcement Strategy
4. Summary of Directive (include brief statement of purpose)
The purpose,of this document is to assist Regions and States in implementing and
enforcing the used oil rule. In addtion, this guidance will assist in identifying the
most significant violations on a consistent basis. This document is for assistance
in enforcement and compliance, and is not a substitute for knowledge of the regualtion
5. Keywords
Inspeciton, Oil, Compliance
6a. Does This Directive Supersede Previous Directive(s)?
b. Does It Supplement Previous Directive(s)?
No
No
Yes What directive (number, title)
Yes What directive (number, title)
7. Draft Level
A - Signed by AA/DAA
B • Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
Yes
No
This Request Meets OSWER Directives System Format Standards
9. Signature of Lead Office Directives Coordinator
VoJk^-O-SJU^O
10. Name and Title of Approving Official
Date
#3* S/>Vf£/
Date
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
-------
•45 s-..
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WA5H.NGTCN. D C 20460
MAR 1 41994
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
MEMORANDUM
SUBJECT:
Transmittal of Used Oil Management
Inspection/Enforcement Strat
FROM:
TO:
Bruce K. Diamond, Director
Office of Waste Programs Enforcement
Waste Management Division Directors, Regions I - X,
Frank Covington, NEIC
Attached is the new Used Oil Enforcement Strategy from the
Technical Assistance and Training Branch of -the RCRA Enforcemerrt-
Division. It covers the recently promulgated used oil management
standards appearing in 51 FP 41586-41626, September 10, 1992 and
amended on May 23, 1993, June 17, 1993 and February 26, 1994.
(Copies of these and related FR documents are attached.)
This strategy represents a new, more concise approach to
developing inspection/enforcement guidance. This guidance will
assist inspectors in identifying the most significant violations
at used oil management facilities on a consistent basis. This
document is for assistance in enforcement and compliance, ar.a .=
not a substitute for knowledge of the regulations. For genera.
information refer to the FR references above and the
Characterization and Assessment Division of the Office of So.. :
Waste. We consider this document to be exempt from disclosv.:-?
under the Freedom of Information Act pursuant to Sections
552 (b) (2) and (b) (7) (e) . Please transmit copies of this gu. -. •.
and the attachments to the RCRA enforcement personnel in the
states in your Region.
Attachments
cc: Mike Shapiro, OSW
Lisa Friedman, OGC
Elaine Stanley, OC
Susan Bromm, OWPE
Susan O'Keefe, OE
Barrett Benson, NEIC
Dave Bussard, OSW
John Rasnic, SSCD
Racycled/Recyc
PrtnlMwimSoyCJia-* •• f
oonlalni at IM«I M*- •• — —
-------
Fedaul Register / Vol. 50. No. 230 / Friday. Novembfl'"29. 1985 / Proposed Rules .
coniUluent thereof (hit may cause an
endangeraent to public drinking water
•uppllet; and
(2) Any Information of a release or
discharge of recycled oil or hazardous
conilltuent thereof or of a Tire or
explosion from the facility, which could
threaten the environment or human
health outalde the facility.
(B) The description of the occurrence
and its cause must Include:
(7) The name, address, and telephone
number of the owner or opera ton
[2] The name, address, and telephone
number of the facility;
(3] The date. lime, and type of
Incident;* • • .
(*) The name and quantity of
rnaterlal(s) Involved;
(5) The extent of t«J'iriea, If any;
(ff) An assesimenl of actual or ^
potential hazards to human health or the
environment outside the facility, if
applicable: and
(7) Estimated quantity and disposition
of recovered material. If any, resulting
from the Incident.
(C) A written submission must also be
provided with in 5 days of (ha time the
owner or operator become* aware of the
circumstances. The written submission
must contain a description of the
noncon pliance and ita cause; the period
of norr~inpllancs Including exact dates
and times, and. If the noncompllance
has n*> to.:.! corrected^ the anticipated
tide it la expected to continue; and stepa
taken or planned to reduce, eliminate.
and prevent reoccurrence of the
noncompliaiice. The Director may waive
the 5 dsy written notice requirement In
favor on a written report with|iiJ8 days.
. (xv) Biennial report. The o waar or
operator must prepare and submit a
single copy of a biennial report to the
Director by March 1 each even-
numbered year. The report must cover
activities of the previous year (odd-
numbered yeer) and mutt be prepared In
accordance with the requirements of
| 264.75 of this chapter and submitted
on EPA Form 8700-1 3B.
(xvl) Other information. When the
owner or operator becomes aware that
he or she failed to submit any relevant
facts or submitted Incorrect information
In any report to the Regional
Administrator, he or she must promptly
submit conscted information or
additional feels.
(1) Individual permits, (i) The Director'
may require an ov/ner or operator to
apply for and (ss a condition of « «.
continued operation] obtain anfl&e*
individual RCRA facility permit under
this Part If ha obtains Information
through site Inspections or oiher means
Indicating any of the following
•conditions:
(A) The owner or operator has not met
one of the requirements of paragraph
(d)(2) of this section: or
Hoto^-Tbi EPA Regional Adnlnlilntor
may. In addition to requiring sn individual
permit, take enforcement sctlon under
section 3008 of RCRA for a violation of
1270ao(dl(2) of this chapter.
.* *„
(B) The facility, because of the type or
quantities of recycled oil being • •
managed, or the management methods
In uie, or the facility's location, or other
relevant factors, could In the Judgment
of the'OlrtClor. pose a substantial
potential or presmt.huard to human
health or the environment and that
Individual facility permitting under this
Part Is necessary to'mxvlde adequate
protection; or _ >
(C) There has been • riteese of
recycled oil. hazardous waste, or a
hazardous constituent from a solid
waste management unit at the facility to
tha environment and In the Judgment of
the Director, the corrective action
measures Implemented by the owner or
operator are Inadequate to ensure
protection of human health and the
environment
Nola^-When an owner or operator It
required to obtain aa Individual RCRA
permit, ho Is subject to 1284.101 of this
chapter pertaining to corrective action lor
nleaiet from solid wtitt management unit*
as applicable.
(H) Within 180 dayTof notification by
EPA that aef Individual RCRA facility
permit Is required, the owner or operator
must lubmit Part B of the RCRA permit
application under Subpart B of this part.
.Jha owner or operator remains subject
to paragraph (b)(2) of thia section until
final disposition is made concerning the
Individual facility permit.
-(ill) If the Director denies the owner's
or operator'a application for a permit he
is not eligible for the permit-by-rule
under paragraph (A) of this section.
Nole.—Ttis owner'or aperator of a facility
whoia permit application It denied It not
eligible for Interim stahu under tecllon
300S(e)cIRCRA,
PART 27t-REaillREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
13. The authorl1y~cltation for Part Z71
continues to read as follows:
Authority: Sees. 1009.2002(4). and 3000 of
the Solid Will* Dlepoti) Act. at amended by
the Retourca Coiuervallon end Recovery Act
of 1970. ss smended J« u S.C eeos, 0912(1)
and 6928].
14. In Part 271. i 271.i(J) It amended
by adding the following entry to Table 1
In chronological order by date of.
publication:
TABLE t.-fleouumoM IMPICMEHTWO rue
HAZARDOUS AKO Souo WASTC AMEND-
pram a** <* mtfcHun «l
mrtotftacyeMCI
. IFR Doe. 85-27802 Rlrfd ll-£7-eo! 148 an]
•JUan CODS SSSMS-ei _
'rfr-
;i* • • ,--•
40 CFR Parts 260, 281, 271, Hid 302
Hazardous W**tt Management
Syitam; General; Identification and
Listing of Hazardous Waeto; Used Oil
AOENCT: Environmental Protection
Agency.
ACTION; Proposed rule.
tUMMAMv: The Environmental Prelection
Agency (EPA) Is today proposing to
amend the regulations for haiardous
waste managment under Subtitle C of
(he Resource Conservation and '
Recovery Act (RCRA). by listing used oil
as a hazardous waste. EPA has
determined -that used oil typically and
frequently contains significant
quantitlea of lead and other metals.
chlorinated solvents, toluene, and
naphthalene which would pose a
substantial hazard to human health and
the environment if Improperly managed.
Today's notice also proposes a
regulatory definition of used oil and
proposes two modifications to the
mixture rule to exempt certain mixtures
cf used oil from regulation. Finally.
because used oil will become a
hazardous substance under the
Comprehensive Environmental
Response, Compensation, and Liability
Ac) (CERCLA) as a result of today'a
listing. EPA la also proposing to adjust
the statutory one pound CERCLA
reportabla quantity (RQ) for uaed oil to
100 pounds. The effect of today'a
proposal: If promulgated, would be to
control the treatment and disposal of
used oil (aa well as Ita transportation,
accumulation, or storage prior to
treatment or disposal), by subjecting It
to full hazardous waate regulation under
Subtitle C of RCRA. At the aame time. .
most used oil that la recycled would be
subject to the special management
standards for recycled oil being
proposed In another Section of today'a
Federal Register.
BEST COPY AVAILABLE
-------
Fadoral Register / Vol. 50. No. 230 / Friday. November 29, 1985 / Proposed Rule*
DATU: EPA will accept public
comment* on thi* proposal until January
2& 1980. PubUc hearing! will be held to
obtain public comment* on this proposal
and the proposed management
standard* for recycled oil (appearing
elsewhere in foil Federal Register.) on
January 8.10, and IB of 1900. The
location* for tbe public hearing) an
provided below, for additional
Information oa (be public hearings, tee
Part Four. Section ffl of the management
itandardi preamble.
anomiMiT EPA will hold public
hearing* at the following location*:
• January & 1080—Holiday Inn. North
Park Plaza, 10690 North Central
Expressway, Delia*. Texae 75231
(Phone: 214/373-6000.
• January 10,1986—Ramada
Renaissance, 55 Cyril Magnln Street
(One block north cf 5lh a Market). San
Francisco, California 94102 (Phone: «15/
392-6000]
• January 19.1900— Dcpartasnl rf
Health and Human Service*, North
Auditorium ("C" Street entrance). 330
Independence Avenue SW. Washington.
DC 20201.
Comment* on (hi* proposal should be
mailed to the Docket Clerk (Docket No.
3001/Li»ung of Used Oil). Office of Solid
Waste (WH-M2), U.S. Environmental
Protection Agency, 401M Street S.W..
Wai'Jngton. D.C. 20460. Comments
received by EPA may be Inspected in
Room S-212. U.S. EPA. 401M Street
•'*.".' " kthlnglon. DC. from 9:00 a.m. to
4-00 p.m. Monday through Friday.
excluding holiday*.
FON rVKTH« MFOM1AT1ON CONTACT:
The RCRA Hotline, call toll free at (800)
424-8346 or at (202) 392-3000. For
technical information, contact Matthew
Strsss. ChJif. Waste hiar.lifieation
Branch, Characterization and
Asiessment Division. Office of Solid
Waste. (WH-582B). U.S. Environmental
Protection Agency. 401 M Street SW..
Washington. DC 20460. Telephone: (202)
47S-B551. Single copiei of the proposal
may be obtained by calling the RCRA
Hotline at the number above.
SUmiMIHTAHV INFORMATION:
OtiUlai of Today1* Proposal
1 Introduction
A. Background
a Uidd Oil Bicycling Act PJORA)
C. Hazardous and SoUd Wide
Amendment* of IBM
II. Relitloiwhip of Uied Oil Lilting to Section
3014 Management Standard. '".
Recycled Oil
111 Summary of Propound Uiad Oil Uiung
IV. Applicability and Scope ofUied OM
Lilting
A. Authority 10 LJ«I Uied Oil at a
Hazardou» Wane
B Scope of Died Oil baling
1. Definition ot Uied Oil
2. Re-refined Oil
3 Mixluie* of Uied Oil and Other
Material*
•. Gristing Mixture Rule
b. Mixture* ef Waaawtter and Uied OU
c. Oil-Contaminated Industrial Wlpen
(oily rag*) •'•
C Deliitlaj Procedure* for Uaed Oil
V. Batfi for UlUng Und Oil •* • Haurdou*
Wwia
A. Criteria far Ultlag
B. Summery ef Used! Oil Univtne
C. Toxic Constituent* of Concern
0. Waste Coortihieat Mobility:
Earlranzaentil Fat* and Truuport
B. Waila MlvnaBagenant PoteaUal
VI. CKRCM and dean Water Ad Impacta:
Propnal to Ad|u*l Uied Ot Reporutile
Quantity to '00 Poundi
VU. State Authorization Impacts
VITL Request for Comment*
IX. Executive Order 12281
X. Regulatory Flexibility Act
XL Paperwork Reduction Act
XII.1J*1 of Subject*
I. introduction
A. Background
On December 18.1878, EPA initially
proposed guidelines and regulations for
the management of hazardous watte*
and specific rule* for the identification
and listing of hazardous wastes under
Section 3001 of RCRA. See 49 FR 58846.
At that time, EPA proposed to list waste
lubricating oil' end waste hydraulic and
cutting oil aa hazardous waste* on the
basis of their toxidty. la addition, we
aUo proposed to regulate used
lubricating, hydraulic, transformer.
transmission, or cutting oil that waa
haiardou* and was Incinerated or
burned a* a fuel and waste oils (again.
that were hazardous) that were used in
a manner constituting disposal.' (See
proposed 8 250.10 where the Agency
proposed to define the term "other
discarded material" that Is used in the
definition of "solid waste.")
A large percentage of commentera on
the 1978 proposal argued that the
Agency should not list waste oil as
hazardous because most waste oil was
reused and was. therefore, nol a waste:
in addition, they argued that such a
designation would have serious Impacts
on the recycling Industry. Consequently,
in its May 19.1980 regulations. EPA
decided to defer promulgation of rule*
cover)na. the use or recovery of many
'Thi urm "»MU oil" Indudaa beta n«ed and
unuied alia which oar na longer ba oaad far (Mr
original purpoia. Whlla Uu Aaency talllilly
conitdend lining (b* antln waafa oU nnlwrw.
taday'i prapOMd rulaa apply only to tnal portion of
ih( wana oil anlvim oamprlitd at u«d olla.
1 'UM In a awniwr coaatttutloa dl*pcwr* mmna
lh« pl«wm«nt of haaanteua waata dlnclljr onto ih*
lud for beneficial ncydlflf. or dw plaeaawal of
producii ohfch conlatn oanaln luianlmia waiia
onio the lind for beneficial raeycluit.
waste stream*. Including wes
order to fully consider whether wasie-
and uie- specific standards should be
iraplementod rather than Imposing the
full set of Subtitle C regulaltoos on
potentially recoverable and valuable
materials. See 45 FR 33084. EPA staled
in the preamble to those regulation* thai
it intended to address (ha reuse and
recovery of wasle oil In the Fall of 1060.
Since the Agency had anticipated
controlling the recycling of used oil
within a short lime, is also decided not
to list wasle oil for disposal In the IBM
rr--i.'i0r>s In oiJer la dMt with (he
entire waste oU Issue it one Ume. Under
the May 19, 198& regulations, ho
used oil that exhibits tny of tbe
characteristics of hazardous waale (/.»,
Ignitabillty. corrosivity, reactivity, or
extraction procedure (EP) toxidry) and
is disposed (or accumulated stored, or
d pr'«r thereto) Is hasanlacs and
subject to hill regulation under Subtitle
C of RCRA.
B. Use OH Recycling Act (UOM;
In an effort to encourage the recycling
of used oil. and In recognitioa of the
hazards posed by Its mismanagement.
on October 15, 1980, Congress passed
the Used 0(1 Recycling Act (UORAJ
(Pub. L. 96-483). Among other
provisions, the UORA required the
Agency to make a deteminatioo as lo
the haiardousaeu of used oil and mooii
such findings to Congress togeths
a detailed atatemeat of tbe data i
other Information upon which tbi
determination was based: la addition.
the Agency we* lo establish
performance standards and other
requirements under Section 7 of the
UORA as "may be necessary to protect
the public health and the environment
from haurds associated with recycled
oil" cs long as such regulations "do not
discourage the recovery or recycling of
used oil."
IT. January 1981. EPA submitted the
Used Oil Report to Congress mandated
by Section 8 of the UORA ' indicating In
the report that the Agency Intended to
list both used and unused waste oil as
hazardous under section 3001 of RCRA.
The Agency based its intention to list
both used end unused waste oils oa the
present* of a number of toxicants that
are present in crude or refined oil («£•>
benzene, naphthalene, and phenols) as
well a* contaminants which are present
in used oil as a result of use (eg., lend,
chromium, and cadmium).*
> Of part lo'Cansntv Ladnf of Won. Oil at >
Hatanhu* Waif Panueel to Sacbwi l»KU fiA L.
• In
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40260
Federal Reristar / vol. 50. No. 230 / Friday. November 29. 1085 / Proposed Rules
C. Hatoidout and Solid Waste
Amendment* of ISM
On Novembers, 1964. Ihe President
signed the Hazardous and Solid Waite
Amendment* of 1964 ('IBM
Amendment*"). Theie amendments.
taken along with the provision* of
section 3012 of RCRA (which
incorporated section 7 of the DORA).
establish the requirements for the
regulation of used oil which are now •
embodied In section 3014 of Subtitle C of
RCRA.1 Section 3O14(a) requires the-'
Administrator IK
. . . proTvugata reguilUoni. . . it may ba
necessary to prelect the public health and
environment bom the hazards aisociiled
with recycled oil la developing tuch
regulations, Ibe Admlnlslraior shall conduct
an analysis of the economic Impact of the
regulations on the oil recycling induitry. The
Admlnlitnlor (hall eiuure thai ouch
: Cation* do not discourage the recover/ or
recycling of uaed oil confident with the
prelection of human health and the
environment
These amendments alter EPA's
mandate with respect to the regulation
of used oil by stipulating that protection
of human health and the environment is
the prime consideration, even if such
i-egulation may discourage the recovery
or recycling of used oil. In some cases.
The compn''enslve management
standards for tecycled used oil
mandated by section 3014 are being
proposed If*--' mother section of
today's Federal Ragistar. A more
detailed discussion of the background
leading to the development of those
management standards is contained in
the notice.
Of specific relevance to today's
proposed listing of used oil as a
hazardous waste is section 30l4(b) of
RCRA which requires the Administrator
to propose whether to list or identify
used automobile and track crankcase oil
as a hazardous waste by November 8.
1985. and to finalize that proposal a*
well as determine whether other used oil
should be listed or Identified as
hazardous by November 8,1988. Today's
proposal reflects the Agency's
determination that petroleum derived
and synthetic used oil should be listed
as a hazardous waste under Section
3001 of RCRA.
Since a substantial amount of time
has elapsed since the 1978 proposal and
since the Agency has obtained extensive
additional data on the constituents of
used oil. the Agency Las decided to re-
propose the listing of used oil and seek
additional public comment rather than
publish the listing as a final rule.
Consequently, persons who commented
on the 1978 proposal should resubmit
their comments or submit new
comments for consideration in this
rulemaking.
11. Relationship of Use OU listing to
Section 3014 Management Standards for
Recycled Oil
The management standards being
proposed in another section of today's
Federal Register are being Issued under
the authority of sections 3004 and 3014
uf RCRA.* Under section 3C14 of RCRA.
EPA is required to establish standards
applicable to recycled used oil that will
protect public health and the
environment and. to the extent possible
within that context not discourage used
oil recycling. Section 3014(c) provides
specific guidance to EPA on the
standards applicable to generators and
transporters of recycled used oil that is
Identified or listed as hazardous under
section 3001. Section 3C14(d) provides
that the owner or operator of a facility
that recycles ured oil is subject to the
Section 3004 hazardous waste standards
but is deemed to have a RCRA permit
provided the recycling facility complies
with those standards. Section 3014(d)
also provides the Administrator with
authority to require such owners or
operators to obtain an Individual permit
under section 3005(c) if he determines
that an individual permit is necessary to
protect human health and the
environment.
Today's proposed listing of used oil as
a haza dous waste Is based simply on
EPA's determination that used oil meets
the criteria for listing under section 3001
of RCRA. (See 40 CFR 201.11(d)(3).)
Therefore, under today's proposed
listing, disposalT of hazardous used oil
Petroleum Institute (API) In December 1961 API
raited if v«ril IIIUM raitvinl la Ihe propoitd luting
of bath uMd and unuMd "wim oili ' Since ihe
Agency li raprapailns the listing of u>td oil ti •
hitsrious wilts. Ihe Agency will noi reipond to
•pcdflc comment! an previous proponU regarding
uMd oil API'* eommenu. however ire ivulsble
for review In lh« RCRA docket
•Pnai la lha 1864 Amendnunu the used oil
requirements were found In tccilon 3012 al RCRA
1 EPA recently begin Ihe proceu of regulating-
used oil burned ei • fuel by flnellilng the "Ph«M I"
minigemenl ilindirdi on Ihe eehiel burning of
uied oil end edmlnJitnllve contrail on persons who
market ind bum hiiardoui w»te fuel ind used all
fuel The minigemml itindirdi for "he recycling of
used oil being proposed elsewhere In todiy'i
Federal Refiner will supplement Ihe Pheie I
bcn\ng ind blending rules is those rules ipply to
uied oil
' For purposes of I.Mi rulemiklng, the term
"disposer Is limply Intended to diitlngulih
between the minigemenl of used oil under the
existing provisions of Sections 3002 thru 3004 versus
thai used oil which li recycled ind sub|ecl to Ihe
provlsioni of Section 3014 It does not reflect •
reihinkiiuj of stilulory or regulilory concepli of
what commutes disposal'
will be subject to regulation under 40
CFR Parts 282-265.124. and 270-271.
while recycled used oil that Is
hazardous will be subject to Ihe
recycled used oil rules codified in 40
CFR Part 266.
Persons interested In commenting on
this listing and/or on the 3014 standards
should note that the scope of today's
notice proposing to list used oil as a
hazardous waste la different from that of
the accompanying notice which
proposes specific standards for the
management of recycled ol1 under
section 3014. lua main Issue relevant to
the proposed listing of used oil l»
whether used oil meets the criteria for
listing contained in 1261.11 (a)(3).
However, other Issues addressed In this
notice that may also be of Interest
include the Agency's definition of used
oil. modific-tione to the mixture rule to
exempt certain oil mixtures from
regulation, and the Agency's proposal to
ad|ust the statutory RQ of used oil.
The second of today's proposals
concerning used oil. on the other hand,
seeks to address the broader Issues
concerning the extent of regulation that
should be Imposed on used oil recycling
practices In order to protect human
health and the environment and. to a
lesser degree, the specific Impacts of
that regulation on the various segments
of the recycling Industry. The Agency's
detailed analyses of the used oil
universe, management practices, and
regulatory ind economic Impacts are.
therefore, to be found In the
accompanying Federal Register proposal
rather than In this notice.
III. Summary of Proposed Used OU
Listing
This notice proposes to amend 40 CFR
Part 281. Subpart D. to add used oil to
the list of hazardoua wastes. As detailed
in the Basis Fnr Listing Section, below
EPA has evaluated used oil agalnat the
criteria for listing hazardous wastes
contained In i 261.11(a)(3) and has
determined that It poses a substantial
present or potential hazard to human
health or the environment when
improperly managed. This determination
Is based on analytical data from
approximately a thousand used oil
samples that indicate that a number of
toxic constituents are typically and
frequently present in used oil at levels of
regulatory concern, either as a direct
result of use or subsequent adultefltlon.
In addition, these toxicants have the
potential to migrate from used oil and
escape into the Invironment. This has
been demonstrated In a large number of
damage cases when used oil was
mismanaged and presented a
-------
Federal Register / Vol. SO. No. 230 / Friday. November 29. 1965 I Proposed Rules
49261
f ubila ntial haiard lo human health and
ihe environment.*
The toxic constituents of concern
identified by the Agency include lead.
ihne chlurtnatsd aliphatic
hydrocarbons (1.1.1-trichloroeihane.
trlehloroethylene. and
tetrachloroelhylene). -toluene, and
naphthalene. EPA also hat Identified as
constituents of concern several met a la—
cadmium, arsenic, and chromium—
which are typically found In used oil at
concentration*, which miy poie a
significant risk when used oil Is burned.
A regulatory definition of used oil it
beinj pr ipoted today for Inclusion in 40
CFR 260.10. The propwd definition of
u*«d oil Include* all petroleum-derived
or synthetic oila 'originally used a* a
lubricant (includingengine oflt). if a
hydraulic fluid. •• • metal working fluid
'posirjf-|
tunas lui iht mm* MI for* to, Svcthm WS.
'•la tddlllaa all dcrirtd hoot pyralyili of «atp
lira. «auU *lM b« cmnd by KM u«l oil l
*ricr MM tod eraumjiuilen.
[V, Applicability and Scope) of Used Oil
Listing
A. Authority to List Used Oil as a
Hazardous Waste
Section 3001 of RCRA provides the
Agency with the general statutory
authority under RCRA for identification
and listing of hazardous wastes. The
19M Amendments lo RCRA specifically
require EPA to excerdae this authority
and propose whether lo list or identify
used automobile and truck craakcase oil
ae a hazardous waste by November a,
1985. and to finalize that proposal as
well as determine whether other used oil
should be tided or Identified as
haurdou by November & 1MB. JSte
section 3Di4(bM
These amendments also affirm Ihe
Agency's luthoriry lo regulate, as a
hazardous waste, used oil that Is
recycled, even though tuch regulation
may have a discouraging effoct in some
recycling. Prior lo the 1804 amendments.
the Agency was directed to ensure that
its regulations did not "discourage the
recovery or recycling of used oil."
However, the 1964 amendments deleted
this language with respect to the listing
decision and modi Bed II for the used oil
management standards by adding the
phrase "consilient with protection of
human health and the environment." By
doing (Ms, Congress dearly Intends for
ihe Agency to ttgulat* recycling
activities sufficiently to assure adequate
protection while reducing, aa much as
possible, the impact OB the recycling
industry as a whole. The conference
report accompanying the 1884
amendment! specifically notes that"
. . . [T)be purpose of Ihe provisions is to
clarify the Intent of section 3014 In order
lo BSiure that EPA's regulations in this
area are protective of human health and
the environment... II was never
Congress' Intent that protection of
Sumen health and the environment be
subordinated to the continuation of used
oil recycling activities. The Agency can
and should prohibit or control used oil
recycling practices that it determines
will pose s potential hasard to human
health and the environment even though
such regulations would Impede
recycling." (See H.R. Con!. Rep. No.
1133, 98th Cong. 2nd Sets. 113 (1934)).
B. Scope of Used Oil IJsting
As discussed earlier in (hi* preamble,
today's proposed listing applies to used
oil when disposed of, recycled, or when
accumulated, stored, or treated prior to
being disposed or recycled. This section
dfscossat EPA'i regulatory definition of
"used oil" at well es tho special status
of re-refined oil. Lstdy. this section will
explain Ihe amendments to the mixture
rule contained in ft att-J(B)(2) that will
propose to remove from regulatory
control: (I) Wastewaters that are
contaminated with,small amounts of
uaed oil; and (2) industrial wipers used
to clean up small oil spills and wipe or
clean equipment, machinery, or Ihe face
and hands of the user.
1. Definition of UtetfOil EPA Is
proposing a definition In 40 CFR 280.10
for "used all" as follows:
"Uied Oil" I* petroleum-derived or
•ynihetic oil fncludfng, but net United to. oil
which la used n •: I] Lubricant (engine.
luiWite. or gear); ll( Hydraulic fluid (Includfng
transmission f :" :'i) VetslwurUng Add
(including caittng. grinding, iMchliriaa,
roiling, tlornp lag, qunchlna, au.d coatlr*
oils.) or hr) Intulstin* Bidd « cooUnL and
which Is cenUmbuud through we or
lubsequnl nuiwjemeni.
This definition would Include those
used oils that are contaminated with
PCD's. HawsVe:. it itr.-ld be ntled thai
ihe uae of used oils containing any
cancellation of PCBs and the disposal
of uied oils containing SO ppm or greater
of PCBs are sub/ecl to Ihe TSCA PCS
rules promulgated under 40 CFR Part
781. Under Ihe current TSCA PCB rules.
the use of used oils containing any
concentration of PCBs la prohibited and
the disposal of used oil containing 50
ppm or greater RGBs it strictly
controlled. When today's listing
proposal ii promulgated, users and_
disposers of used oils containing PCBs
will be subject lo both the TSCA and
RCRA regulations until the Agency
integrates the PCB rales with the
hazardous waste rules. Where both sets
of regulations ere applicable. EPA will
apply the more stringent of Ihe two
requirements. The Agency, however,
solicits Information on whether certain
used oils containing PCBs should be
excluded from Die listing because they
do not typically contain other toxic
constituents (eg. metals).
Examples oF petroleum wastes which
are not "used oils" include: crude oil or
virgin fuel oil spilled on the land or
water oily sludge in the bottom of crude
or fuel oil storage Units; and wastes
from petroleum refining operations such
as API separator sludge.
This regulatory definition is drawn
partly from the statutory definition of
used oil found at section lOOtfW) of
RCRA. Thai section defines "use ail" as
any oil which has been:
A. Refined from crude oil.
6. Used, and
C. As a result of such use,
contaminated by physical or chemical
impurities.
The Agency Is Interpreting the
definition of used oil contained In the
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49282
Federal Register / Vol. SO. No. 230 / Friday, November 29. 1985 / Proposed Rules
statute to Include: (1) Used oils which
are adulterated subsequent to use as
well as those that are contaminated "as
a result of such use" (section 1004(30]):
[2] synthetic oils, including those
derived from coal or lhale: and [3]
processing residues from the recycling of
used oil."
EPA's broad regulatory definition of
used oil is based on a combined
interpretation of section11004(38} and
3014. The proposed definition
Incorporates both the specific elements
of section 1004(38) as well as the factors
necessary to meet the related statutory
mandate of section 3014. The specific
langu»*e and legislative history of
section 3U14 make clear that Congress
passed section 3014 to address the wide
range of troublesome and difficult
problems associated with used oil
recycling activities, {ram generation and
collection, through trealm'it and
:—icewiruj. !o final end u»e. This broad
objective la reflected in Congress'
comprehensive mandate to EPA to
"promulgate regulations—as nay be
necessary lo protect public health and
environment from hazards associated
ifitti recycled oil." Section 301«(a)
(emphasis added). As recycled oil is
defined In terms of used oil. it is
necessary lo define used Oil in such a
way as lo ensure that the Section 3014
regulations do address the many
hazards the1' can normally and
reasonably I j expected to be associated
with the recycling of used oil. To define
the term IT" . .owly would permit a
number of regulatory loopholes and
Create Implementation problems that
would run counter lo Congress' explicit
intent "to reduce the uncer'ainty and the
gaps in the regulatory treatment of used
oil." (See H.R. Conf. Rep. No. 1133. Mlh
Cong. 2nd Sess. 113 (1984). . .
With respect to oils adulterated
subsequent to use. the Agency has
concluded, on the basis of extensive
sampling and analyses, that used oil
typically and frequently contains
several contaminants which are found in
used oil as a result of Intentional or
inadvertent mixing subsequent to use
rather than as a direct result of a
particular use. The Agency has found
that under existing mismanagement
practices, used oil is frequently mixed or
blended with other waste liquids which
contain loxlc ccilammanls [many of
them not yet defined as hazardous
under RCRA) either at the generation
lite or ai used oil processing facilities
These contaminants, although not
present aa a result of actual use, are.
nevertheless, present at levels of
regulatory concern In most uned oil
samples tested.Therefore, they are
being listed among the constituents of
concern which form the basis for today's
proposed luting.
The Agency could list tinae used oils
as hazardous (i.e., those which become
contaminated with non-hazardous
wastes subsequent to use) and not
subject them to the special management
standards, but rather to the Subtitle C
rules. However. w* believe that used
oils which contain essentially Identical
constituents and pose essentially the
same risk be regulated similarly. In
addressing specifically this issue, the
Senate Committee on Environment and
Public Works. In its report on used oil
stated "Under some circumstances, it
may be difficult to determine if a waste-
derived fuel should b* clateiRed as a
used oil fuel era hazardous waste fuel.
Fc: example, used oil contain*
contaminants, such as lead, that may be
present either through use of the oil or
through deliberate adulteration. Both
hazardous waste fuel and contaminated
used oil fuel should be regulated In
accordance with these new provisions.
as necessary, lo protect human and the
environment. The Agency, however, has
some discretion as to tow to classify •
these types of fuel mixtures." Sen. '<• --o.
No. 284, Mlh Cong.. 1st Sets.. 38 (1983j.
Therefore, we believe the Agency has
discretion to expand the difinitlon of
used oil as currently defined In RCRA to
include those oils which become
contaminated [with non-hazardous
wastes) subsequent lo use and thus,
subject those used oils that ere recycled
to the special management standards "
As stated earlier, we believe thai
Congreas intended the Agency lo
consider all contaminants typically
found in used oil when it directed the
Agency to protect the public and the
environment from the "hazards
associated with recycled oil" (RCRA
section 3014). I
While section 1004(38) of RCRA
appears, on its face, to limit the
statutory definition of "used oil" lo oil
derived from petroleum, we nevertheless
are interpreting the definition of used oil
more broadly to include synthetic oils
derived from shale and coal. EPA
believes that In constructing the
definition of used oil. Congress did not
intend to exclude synthetic oils from
control under section 3014. despite the
"T>n definition cipindi upon ihe regulnorj
definition el uied oil contuned rn Itic Phut I
burning ind bltndmf rule
•Mi dlKiiiitd In Section IV 3. whin in all li
idullenled wfih • hiufdout wute (It. •
h»irdoui iptnl lolvenl). the adxtura would be
fully rtsvliifd ii • hiurdaui wiilt tuidir the
generil rnurdoui wiit* ntuUtlont ind would not
be lubiect to \V.» iptelil tlindndi tor recycled und
oil
fact lhat used oil la defined as being
derived from crude oil ur-ler RCRA.The
Agency's rationale for this position is
based on three points, r'irsl, synthetic
oils are used for the same purposes as
petroleum derived oils, are usually
mixed and managed In the same manner
after use. and present as great a hazard
as petroleum-based oils due to the fact
lhat these oils are fust as likely to be
contaminated from use or be
adulterated. To condit'on a used oil
regulation on a preliminary
determination of whether a particular
used oil has been derived from crude oil
or whethe. :• '.* i#r.thetic in origin or
whether and to what extent it has been
mixed would seriously cociplicate the
Agency's efforts to regulate recycled oil.
We do not believe that this Is what
Congress Intended. Second, such a
distinction would serve no practical
purpose since mixtures of used oil and
synthetic nil would be regulated under
the Subtitle C rules or the recycled oil
rules in any case as a result of Ihe
mixture rule. Finally, excluding these
oils from the definition of used oil would
necessitate a separate listing of
synthetic used oils, resulting In
regulation of synthetic med oils lhat are
recycled under the full set of hazardous
waste regulations while petroleum-
derived oils that an racyled would be
regulated under tailored standards
Issued pursuant lo Section 3014.
Congress clearly did not Intend that
used oils which contain essentially
identical conatiluenU and pose
essentially the same risk be regulated
differently.
EPA Is also proposing to Include In the
definition of used oil residues or sludges
resulting from the storage or processing
of used oils although these processing
residues are not specifically mentioned
in the statutory defm'Uon of used oil.
These processing residues would. In any
case, be hazardous wastes under the
'derived from' rule contained in
{ 261.3(c)(2) of the regulations. Under
that rule, any watte which Is derived
from a hazardous waste continues lo be
a hazardous waste unless and until it
has been demonstrated to be non-
hazardous. Since used oil will be a listed
hazardous waste under today's
proposal, residues from the processing
of used oil would still be hazhrdous
wastes. Thus. If used oil processing
residues were not regulated as used oils
when they are recycled, they would be
subject to the full aet of Subtitle C
regulations under the derived-from rule.
EPA believes, however, lhat since these
residues an similar to used oil In terms
of Ihe hazardous constituents that an
present, these residues should be
-------
Federal Register / Vol. 50, No. 230 / Friday, November 29. 1965 / Proposed Rules
49263
regulated under the special management
standard* fur recycled uied oil being
proposed under lection 3014 of RCRA.
Such an approach would be
environmentally protective and would
•How any perstfn who generates or
manages uied oil or these proceutng
residues to comply with one set of
regulations.
2. Re-refined Oil. Re-refined oil Is
defined In section 1004(39} of RCRA as
"used oil from which the physical and
chemical contaminants acquired through
previous >i w have been removed
through a refilling process." Re-refining
of used oil to produce a lubricant Is the
highest form of used oil recyllng end. by
definition, produces a product-like oil
that Is virtually free of contamination
andjessenliaUy the equivalent of virgin
• i" ~"!iui. ••!:» Agency believes thai uied
oil which l« used as a lubricant, once It'
has been re-refined, no longer meets the
definition of a solid waste contained in
t ZBU, and Is not. therefore, a
hazardous waste." Although re-refined
oil Is not considered to be a solid and
hazardous waste under today's
proposed listing, the transportation and
•lorsga of used oU prior to the actual re-
refinl/uj process Is atlll subject to
regulation under the proposed section
3014 standards Thus, while the re-
refined oil Itsell Is not a solid waste.
until such Una as ifc« oil becomes a
product. It rciiu..n.* to be recycled oil
and subject to regulation under icctlon
3014.
The exclusion of re-refined oil from
today's Haling is consistent with the
recent amendments to the definition of
solid was'e. See 50 FK at 634. January a,
1965. Under those amendments, most
materials which are reclaimed from
solid wastes and that are used
beneficially are not solid waates and.
therefore, are not hazardoua wastes
provided they are not used as a fuel or
used to produce a fuel or are not placed
on the land for beneficial me.1* Uied oil
which is used as a lubricant that has
been re-re fined Is one such example and
it, therefore, deemed to have been
reclaimed from solid waste and. thus. IB
not a solid waste within the meaning of
Subtitle C of ROW.
3. Mixtures of Uted OH a.td Other -
Moterialt—a. Existing Mixtun Rule.
"Allhoufh n-nnmd oil I* nol • iclld or
haurdoui wuli under lilt propel*!, ra-nfliwd all
would cantiniu (o In • v««d oil wtlMn lh« meininf
pf leeilon Mm of RCMA.
1' MttirUb thtt *ra nclilined from • totid wul«
un iill! tw * Mild and hiurdovt mil* If: U) Tht
miltrUli if* iccunuliMd iptevUilirtty. or (2) tin
nuitrliti h«y« b«n preenMd mlnloully or lh>
mi irrfiti hm bwi pinliUjr iccJtlnod bul muil b*
ncltlnwd Fuilhir btlort recovery li compliM (m
»FR«iS.|«nu«ry«, 19S8J
Under the existing rule concerning
mixtures of hazardous wastes and solid
wastes (*0 CFR 201.3). when a
characteristic or listed hazardous waste
Is mixed with another solid wie'e. the
entire mixture becomes a hazardous
waste subject to 40 CFR Parts 283-205
except in the following drcumstaocet:
(l) When a waste that Is hazardous
solely because it exhibits one of the
characteristics in Subpart C of Part 261
Is mixed with another waste such that
the entire mixture no longer exhibit* any
of the characteristics; (2) when • waste
that la exempted under 1261.5 (/.»,
wastes from small quantity Generators)
is mixed with another (non-hazardous)
waste, the resultant waste mixture la
generally nxempl from regulation: and
(3) when a waste that la hazardous
becc^sc It is listed in Subpart D of Part
281 Is mixed with non-hazardous solid
w..Me, the entire mixture is hazardous
unless it la exempted from regulation
under gJZaOJC and ZaOZZ."
Tills general policy concerning
mixtures has been incorporated into the
recycled oil rules (/«.. a mixture of
recycled used oil and another hazardous
waste will be considered a hazardous
waste subject to the full set of the
Subtitle C rules). However, the Agency
is proposing one major change- to the
policy described above. In particular,
under the general hazardous waste
rules, a mixture of small qaantitttei of a
hazardous waste and a non-hazardous
watte would be conditionally exempt
from regulation (i.e., not subject to the
hazardous waste rules}. Under today's
proposal, however, a mixture of used oil
and small quantities of another
hazardous waste (as defined In { 261.5)
K ill be fully regulated as a hazardous '
waste and not a used oil. We believe
tin* change in policy is necessary In
order to prevent small quantities of
hazardous wenles from being illicitly
disposed of by being mixed with
recycled oil. [See the proposed
management standard* fora more
detailed dJscusiion of the mixture rule
si It applies to used oil.)
Under today's proposed listing, used
oil will be a listed hazardoua waste
subject to all applicable requirement*
under Parts 202-285 whan It is disposed.
Coniequently, mixtures of used oil and
other hazardous wastes (including small
quantities of hazardous wastes) will be
hazardous wastaa subject to full
regulation under Subtitle C when that
mixture Is disposed, except as provided
In Sections b. and c., below.
(b) Mixtures of Watte water and Used
Oil. EPA la today proposing on
amendment to the mixture rule (40 CFK
201.3) In order to avoid regulating
certain mixtures as a hazardous waste
or a used oil where the Agency believes
that such regulation would not be
necessary to protect human health and
the environment The Agency Is
specifically concerned that under
today's proposed listing of used oil.
otherwise non-hazanious wastewaters
contaminate*! -'. Ji very small amounts
of used oil would be subject to
regulation aa a hazardous wests under
the existing mixture rule.
The wastowater bom many industries
(e.g., steel manufacturing, railroad
yards, etc.) frequently contalnn small
amounts of oil which ertm the system
from a variety o( sources, including
drippings from machinery and other
processes. The contamination of
wastewater with small amounts of oil is
virtually Impossible to control. EPA
believes that such small amounts of oil
In wastnwater pose no significant -
hazard wten stored, transported,
treated, dl», «sed, or reused.
Consequent^ £d regulation of such
mixtures as hazardoua waates under
RCRA is unwarranted.
Undor the existing Subtitle C system.
however, such mixtures would
nonetheless be considered listed
hazardoua wastes. The only mechanism
presently available to handlers of these
mixtures to remove their wastes from
regulatory control would be to petition
the Agency to exclude (or delist] their
waste under the procedures contained In
40 CFR 26020 and 280.22. Because of the
large potential numbers of facilities
Involved and because the Agency does
not consider such mixtures to be
hazardous, EPA la proposing a different
approach for removing mixtures
containing only small amounts ohised
oil from regulatory control under this
listing."'
Specifically, EPA Is proposing to
amend the mixture rule contained In 40
CFR 2814 to provide that * mixture of a
non-hczardoui wa slews tar and used oil
caused by • dt minima loss of
lubricating oil. hydraulic or
metal working fluids, or insulating fluids
or coolants due lo spills or drippings
will not be subject to regulation aa a
used oil (and hence, es a hazardous
waste). Aa noted above. EPA believes
that the concentrations of hazardous
constituents that may be present In such
1 • TJw A««ne» «|M U» turaiptad culiln ottai "Tin A«*ncy h»i uife pr*«t
-------
49264
Federal Register / Vol. SO. No. 230 / Friday. November 29. 1985 f Proponed Rules
a mixture will be ao small as la pose no
significant hazard to human health and
the environment.
White the Agency ii not proposing a
specific concentration limit for such
used oil in waslewaler. EPA requests
comment on whether such a limit should
be established, and if ao. what that level
should be. This exemption would apply
only to very small amounts of used o.l
which are loil in normal opera Honr or
when small amounts of oil are lost to the
waateKBler treatment system during
draining or washing operation*. The
exemption for mixtures of used oil and
non-hazardous waste waters would nol
apply, however, if the used oil Is
discarded as a result of abnormal
manufacturing operations. <»$. plant
«f""ldovna or operation malfunctions
iesuiting In substantial spills, leaks, or
other releases). In addition. EPA is
placing two additional conditions on
this exemption.
First, this exemption will not affect
the mixture rule as it applies to mixtures
of hazardous wastes and other wastes.
In other words, a mixture of wasiewater
(containing used oil) and another
hazardous waste would still be a
hazardous waste subject to full.
regulation ur tar 40 CFR Parta 262-265.
and 270.271 d 121. This condition is
necessary to prevent the Illicit disposal
of a hazard' ,;!e by mixing It with
an exempted mixture.
The second condition applicable to
this amendment applies to oil that is
recovered from an exempted mixture.
Used oil that is recovered is essentially
the same ai other tecycled oil in terms
of the contaminants thai may be present
aa well as the management practices
which subsequently may be applied.
Consequently. EPA believes it is
appropriate to regulate oil recovered
from mixtures exempted under this
proposed amendment. Hence, when
recycled, such oil will be subject to
regulation under the rules being
proposed today for recycled used oil
Used oil that Is recovered from
wastewaters and which is disposed will
be subject to the general hazardous
waste rules rather than the recycled oil
rules.
c. Oil-Contaminated industrial
Wipers [Oily RogaJ. EPA Is also
proposing an amendment to the mixture
rule thai would exempt from regulatory
control industrial wipers that are
contaminated with used oil.
Industrial wipers " are widely used In
a variety of Industrial settings to wipe
small amounts of oil or other substances
from areas or objects needing cleaning
or polishing. Including machinery, tools.
and other objects. A major use of
industrial wipers is also wiping the
hand* and face of the user. According to
information provided by-Klmberly-Clark
in a petition submitted to EPA.
industrial wipers are used at aome
540.000 industry sites In the United
Slates."Kimberly-Clark estimates that
the total quantity of used oil found in all
discarded industrial wipers on a yearly
basis would not exceed 2.3* of all used
oil."
In Its petition. Kimberly-Clark argued
that industrial wipers do not pose any
significant environmental hazards when
disposed of as part of the regular, non-
hazardous solid waste stream and that
regulations of oil-contaminated wipers
would not be cost-effective. Specifically,
Kimberly-Clark argued that the actual
amount of used oil likely to be disposed
of at a typical non-hazardous waste
landfill or by incineration Is Insignificant
and would likely have a net positive
effect in terms of the wipers' ability to
absorb additional liquid if placed in a
landfill or to combust more completely
and provide heal value if incinerated.
Kimberly-Clark also argued that
requiring users to handle their wipers as
hazardous waste would have
substantial negative impacts, both
economically and from an
environmental standpoint.
We have evaluated the petition
submitted by Kimberly-Clark and have
decided to propose exempting industrial
wiper* from regulatory control under the
mixture rule (i.e.. we are proposing to
amend the mixture rule to say that a
mixture of a used oil and an industrial
wiper will not be considered a
hazardous waste}. However, this
exemption would not apply to oily rags
which axhihit a characteristic of
hazardous waste pursuant lo Subpart C
of Par! 281. It should alao be noted that
this exemption is not intended to apply
to those Industrial wipera used to clean
up oil spills but only to those wipers
used to clean drips or other incidental
amounti of oil from machinery or
equipment, or the face and hands of the
user. EPA generally believes thai these
wipers (although contaminated with •
used oil) would contain relatively small
"T*it term Industrial wlpin Includn Shop
imrh (it billion wlpen ainuillyl which in cloih
••ipm ihil uv gvntntty not diKardtd bvl are
wuhid >nd rcuied rojlC3» I'llion wiptrt
•nnuilly) which in p ntrilljr dlipoitd of n pin of
Ihe uier'i regular iclid out* Knirrc ind
dtipotoblt wiftn (tJb billion wfptn tnnuilly)
which ira ducirdtd « p«rt of Uii ui«n rajulw
iolid wnie itreim
"Extmption of Oil ContaminatedIndutrnal
H'ipin from forthcoming Want Oil fulei Undtr
KCRA. Kimbtrfy-Chrii Coronrailon. |unc 15 l«N
'•See Klmbcriy OirV petition lor dttilled
c
-------
Federal Regain / Vol. SO, No. 230 / Friday. November 39. 1965 / Propoaed Rules
49265
conililuenli) other than (hote (or which
the waste wa« lilted, if the
Administrator ha* a reasonable bails lo
believe (hat such additional factor*
could cauf a the waita to be a hazardous
watte. In addition, the amendment!
specifically require the Agency to
provide notice and an opportunity for
public comment before granting a
delating petition. Under today'* liating
proposal. generator! or other handler* of '
need oil who Uriah lo petition the Agency
to have (hair apedfte uiai! oil dellsled
tnuit toV iw the *aa» dellitirui
procedure* a* for any other hazardous
waste {i.e., they must lobmll sufficient
dnl« *o thai lha Agency can evaluate
their used oil lo determine il»
haurdouine** with respect lo any toxic
enn.stiiuf*ii ihatmay reascnaDly be
The Agency recognize* that
significant number* of used oil handler*
may wish to petition the Agency for a
delit ting. eipeclaUy tince non-
hezardeu* u«ed oil will not be subject to
regulatory control. Some generator* may
well, due lo their generation and
handling procedure*, generate relatively
clean used oil*. While the Agency has
aought to exclude from lha lilting or
exempt from rx mlatton under section
3014 those used oil* which do not pose a
hazard to die environment, the Agency
li tomewh*'. <.-. ,.;ned thai a large
nuirbcr of petition* could unnecessarily
overtax lha Agency'* delisting
reiourcei.
EPA conii'dered jn approach Ifial
would involve setting concentration
limit* fat apeclflc constituents of
concern. Uied oil thai did no) exceed
these concentration limits would be
exempt From regulation a* a hazardous
waste. However, this approach poiea
several practical problem* concerning
the appropriate concentration limits that
should be *el for which coMtiluenl*
(/ e.. used oil can contain any one of the
toxic contaminant* listed In Appendix
VIll of Part 281) and problem* relating lo
Implementation. Therefore, the Agency
ha* concluded that mch an approach is
not /eaalbla al ihi* time and that any
person who wlsha* to dell»t their uied
oil will need lo aubmll a petition
pursue nl to 40 CTR 260 20 and Z60.22. •*
» Al • minimum. EPA would tffo.1 itia SMllrtaner
la dtnaniiralt Uul UM u*rf ail- (M Mud Ui* KM*
I Iwl ipacincilloM l»m IHS, )«M«y II. 19*1).
•nd 12) tan not nfilblf uiy of dn hiurdon «<*«•
t'.ricmmlc*, tn *d*llo«. *• pcllilener mat
4tmmutt« ih»t (h» wed all to nol hmitaii tor
the niton U »•« IIKid *nd muil lubmll infllcltnt
tjiformillon tor (hi Admlnli Inter to dolrrmlni
whither ** uwd oil i* riturdoiii lor «njr other
rtnont
The Agency requests public comment
on the Lssua of delisting nonhazardou*
used oil* and i« partlouJarCy Interested
In any particular uied oil* (hat should
be specifically excluded from the titling
of uied oil «* e hazardou* waate.
V. B«ftla for Uttteg Used OU«« a
Haxardoua Warta
A. Criteria for Liating
EPA may list as waate a* hazardous If
It mrsl* any of the criteria. In Uating
contained In 40 CFR 2ftl.ll. Among
other*, 13tfl.li [*ysi prorlde* that the
Administrator ma'y Uat a waate ai
hazardous if it contain* any of the toxic
conaUtuent* Bated in Appendix VOL
unlesi, after oonaldering certain factor*.
the Adr.:lnlatrator determine* thai the
waste will not pose a subtUntial
preccm or poltnllal hazard to human
health or (he environment when
miiaianaged. The factor* that can
mitigate such a Uating are: (i] The nature
of the toxlcity presented by the
constituent, (iij the concentration of the
conttituent In the waate, (HI) It*
potential lo migrate or penlat In the
environment. (Iv) the plausible types of
improper management to which the
waste could be subjected, (v) the
quantities of waate generated and the
nature and severity of human health and
environmental damage that ha*
occurred, and (vi) any elatu factor* that
may be appropriate.
The Administrator ha* determined
that used oil contain* highly toxic
contaminant* tn significant quantities,
that Iheie contaminant* are mobile and
penkstent in the environment, and that
osed oil I* generated ID large quantities.
Thus, these waste* may pose a
substantial present or potential threat to
human health or the environment when
improperly transported, treated, stored.
recycled, disposed, or otherwise
managed."
B. Summary of Used OtI Universe
Based on 1982 automotive and
industrial new oil tales of 1.244 and
1.171 million gallon*, respectively. It (»
estimated thai 7*6million gillona of
automotive used oil and 402 million
1' Tttllns o( uMd oil hit •»»«» UMl mrly M
pmml el Uw Mnpln H*w A»h potato Mo* 1W
P. with MIDI Mmpln k«rta« (talk poMt M law u
n't. Th«M low flnh pctau i«n«raQr r*»h from
conrtfflluUon will giMlbit, wWth ku tn Inltid
botUni (Mini b*la» 100'P. In tddlOonla
bull far IliUn*. Nov«rth*)c«. «Kh |mn tor l>
i»iporulbl« for diurmlnln* l/hli wuU nhiblu
•ny of -lit Kaurdou wnt* clwnctatitic*.
gallon* of industrial used oil an
generated each year. Approximately 57
percent oi the total generated, or about
eeo million gallon*, are currently
managed by collector*. proceMot*, re-
refinen, and end-men «ml will be
brought under regulatory control wider
the cpedil management standard*. The
remaining 43 percent or 466 million
gallon*, result from do-tt-yourself oil
changer*, agricultural and construction
machinery operator*, end small
geomton of'.-' *• Untied
Stou*.
-------
49866 Fadefml Ragjstei / Vol. 50. No. 230 / Friday. November 29. 19B5 / Propo«ed Rules
Carcinogen Assessment Croup (CAG) at
a possible human carcinogen.** * ll U •
mulagen In bacterial assays: it i« also
chronically toxic fo dog*, causing kidney
and Uvar damag*, tad to human*.
cauilog impaired liver hncUoa In nice
and rats, tatndueraetayleitt hat caused
toxic neparopathy. The Agency's CAG
hai also Identified «chloto«lhiyleti« si«
potential human carcinogen. In addition.
trichlonwthytane catsas some liver and
kidney damage. 1,1,1-Trlchloroethane
haa been shown. In animal atudiei. to
produce advene effects in the central
nervous system, pulmonary system,
hear*, kidney, and liver. Reralti of a
National Cancer Institute JN'CIJ
carcinogenesfs bloaieaay also have
indicated that oral admlnittration of
1.1.1 -trlchloMethane produced a variety
of neoplasmi: however, re-leidng of thii
compound it In progrvit :!.nce a high
'af iojnce ;f premature death* wu
observed in this Initial study. Toluene l>
known to cause central nervoui tytit^
dysfunction and h«s been linked to
reproductive effect* In human*. Chrome
occupational exposures to toluene also
have mulled in neurologic effect*, such
as impaired performance on te*ti far
intellectual and piychomotor ability and
muscular function.
TABLE 1.—USED OIL CONTAMINANT CONCEN-
TRATIONS va COMPARED TO HEALTH BASEO
CRITERIA
RATIO OF COtCCNTRATIOn TO CfUTEfUA—
J.IOO
11,500
40
37.000
110
iMrlMCO,
oi Son *••» wumavk DC
•Ma »IH tMX MMM )•• HI kaan
Naphthalene is a systemic poison
which bloaccumulate* in the ikin. liver.
brain, blood, muacle, end bean. In
particular, chronic exposure to
naphthalene produce* cataracts.
hemolytic anemia, and kidney diaeeie in
human*. Finally, lead Is * syatemic
"JxiraJiL causing renal damage.
cerebrovaacular diiease. heart failure,
elecuocardiographic abnormalitlei,
Impaired liver function. Impaired thyroid
function, intestinal colic, and
miscarriage* and still births. (Far
additional Information on the toxicily of
the hazardous constituent* see the
Health and Environmental Effects
Profile (HEEPi). available from the
public docket at the address given
above.]
In addition, it is Impoctant to note that
used oil may contain significant
aggregate concentration* of one or more
other toxic conatiroenta Identified by the
Agency. Table 2 detail* additional
constituents which have been found in
used oila.
TABLE 2.—Toxic CONSTITUENTS' FOUND IN
USED OIL MISMAHAGEMCNT INCIDENTS
PATXJ Of CONCENTRATION TO CRITERIA
'•US EPA 1863 KeilihAuiiimeolDocumni
for lrtncblaratlbj>linf (perchlaroclhyhni) EPA
eao/s-tt-oosF
• The Ajtncr Ii picMnlly complellnt mluiuon
a' 'wo irfdjuaul peulivi Kudu* by (hi National
Tedcolofy Profram (NTP) peiforniad by InhaUlloa
t'poiura of nu and mlet Thli r*«Hlii«tim tl
•tpccltd la null la Un elii«inc*UoB el
p«Khloto«hrl«<* *• • "9-1" cardnotm (i f. a
prababl* humin e*rcinoftn) S*t tt PR 4UM
Another factor considered by the
Agency as » basis for idling used oil as
hazardous concerns the fact that they
typically and frequently contain toxic
heaw meUls which presenl a particular
health hazard when burned. Fuel
specifications For the burning of used oil
have been defined for arsenic, cadmium.
chromium, and lead."!te rationale Tor
selecting these constituents la discussed
' to the Phase I burning and blending
proposal (SO FR1884-1723). All of these
constituents have been Identified in
significant concentration* In uied oiJ
samples a* is evident from the
conlank. i.'. !«.•«bis reported In the
Agency's survey of approximately a
thousand used oil samph*. This survey
revealed tba following level* at the
ststJitica! 90th pereentUe tor the
following constituent* of concern:
Arsenic at 19 ppm: cadmium at 10 ppm:
chromium at 30 ppm: and lead at 1200
ppm. Tl.tse ievcis have buen shown to
pose a potential rubstantlat haeard to
human health and the environment
when burned in an Incinerator or boiler.
(See Phase I burning and blending
proposal for more detailed discusslotej
CAC has identified both arsenic and
cadmium as having sufficient evidence
of carcinogenicily to categorize them as
potential human carcinogens.
Hexavolent chromium also
demonstrates evidence of carcinogenic
potential Arsenic, cadmium, and
hcxavalent chromium also demonstrate
mutagenic effects and arsenic and
cadmium further shsw teratogenlc
activity."
O. Waste Constituent Mobility:
Environmental Fate and Transport
As staled in 40 CFR 261.11. the
Administrator will consider the mobility
potential, persistence, and potential to
bloaccumulate of toxic constituents in a
waate in determining whether In Hal a
waste as hazardous.
1. Mobility Potential. The water
solubility of a given toxic constituent is
indicative of Its mobility potential [i«.
the likelihood that II will be released
from a management ilte and become
dissolved in a water resource of
concern). Many of the used oil
constituents of concern are highly water
soluble and thus characterized by a hlah
mobility potential. Their solubilities are
many order* of magnitude greater than
their respective Ambient Water Quality
Criteria level) and designated Drinking
nufet EM l£ KSSa
net Kaoa amur Mada ant oneoganc polantal M
"Till Ptiiaa I bumlni ind blindlni propoHl ilio
pnpeMd ipa«nc»llon» tot Mitt ehlortna and
daihpoJnL
" Sa* Subtitle C—Umtifieetian and titling
Beekimmi Ooeunwnt Appandlx A.—HaaUS ana
EiivlranmanKl EfTecU Prafilci. Ociotxr M 1«aa
-------
Federal Register / .Vol. SO. No. 230 / Friday. November 29. 1965 / Proposed Rules 49387
Water Standards. See Table 1. IT
Improperly managed these toxicant*
can be expected to migrate from storage
or disposal fadUtlei and fo become
dluolved In drinking water resourcei at
level* exceeding the correapondlng
health standards.
For example, trichloroelhylene 1»
soluble in water at concentratioru which
exceed the long-term SNARL (Suggested
No Advene Reaporue Level) by a factor
of approximately 13.000. If improperly
managed, leachate from waalea
containing trichloroelhylene could
migrate to water supplies reaulting in
concent/*tlon leveii far In exceii of the
corn»pG.u
-------
49280
Federal Rogialer / Vol. 50. No. 230 / Friday, November 29. 1985 / Proposed Rulea
methodology. See 50 FR 1MS8 (April 4.
1965).
The 100 pound RQ proposed loday for
uied oil li based upon the toxicity of iti
constituents «nd (u (gnilability. As t
hazardous waste, used oil U • mixture
of haurdotu substances for CERCLA
purposes, and IU RQ t> bated upon the
RQi eitabllthed for «»ch of IU
haurdoui constituents. Because the
exact eoopoaitioa of 4 baurdout watte
It usually unknown, the RQ of the watte
It normally bated upon the lowest RQ
ealabllebod for any of IU constituents.
Howjver. the composition of uied oil It
tufhcienUy well eharacibKaati lo enable
an RQ adjustment to be baaed upon
calculation* at the 90th percentile
concentration* of each hazardous
constituents.
The tubttancet with th« lowest RQt
•I th" nrh percentile concentration are
teed and letrachloraethylene and.'
therefore, the RQ of utad oil It bated on
the RQs of these substances. Because
(he RQi of both of these substances at
(hat concentration are between 100 and
1000 pounds, the applicable RQ for used
oil has been set at 100 pounds. The
(gnitability of used oil alto results in an
RQ of 100 pounds. (See Background
Document for a more detailed
explanation of our beats for tatting an
RQ of IOC tounds.)
The CER JLA RQ proposed today
applies lo releases of used oil to all
envlronrr"-1-' .edla. Including
navigable waters, the conllguoue zone.
and ocaen waters. EPA baa re|eci3d a
media specific RQ approach lo avoid
confution, arbitrariness, and Inequity In
release notification. See SO FR 13466-
13497 (April 4.1063). However, under
inn Clean Weter Act the oil sheen hat
been the RQ for discharges of oil to
navigable waters and the contiguous
cone since 1070. The sheen teti
•Known •* UM -ihrai nib.- UM dun Wntr
ACI (Section ni(b|) preUMdoa end rapanin|
nqviranmi for dlKfe/ftf UUI 'aajf In iMrmfuT
ociull? Inclndn dtehvfn al all Hut
1*1 VlaUw tDpuabM wittr qiMltiji lundirds.
or
Ihl r«uM o flta or IBM tipan or dlocolomlon
al Ow iwrftas •* Iks MMr or idleUm
thutllnn at emu • ihdM or tatultlon lo bo
dipm.Jrt bviMdi H* Owific*. al Iht, wittr or
upon «J|oUUae ihoMllnio.
Puniiini to Iht \tf> MMndaonl* l> »n
tni btyond Ihe MMIfMM uno 10 dltchMtti into
ocnn wiun -In OMMCMM wlih icilvllUi undir
tlM Oui« Cenuacnioi 8h«lf Undi Act or (hi Deip
Waitr tort Acl al 1*1*. of which ouy ifftcl
niiunl mewcei b*lo«fln| lo. •ppefltlnlnf lo. or
under ike ncliulve ouMfenent lathorlly el UM
United SHIM (Includlrif maurai undir ih«
MjpiuMfi Plthery Canwrviiloa and MiMftnenl
AcD.' (Section 19 U 3 C tin |b] and 1O1 » PR
rrMMircli II ISHV
•Aiimiloti 4kould •!» b* |)v»n lo ili« icpaninf
rmuirimtnii pmcnbfd under Thi Acl lo Pr«v«ni
provides a non-quanutive reporting
tngger snd Is not supplanted by today's
proposed CERCLA nilemaking.'*
Unlike hazardous substances under
the Clean Water Act the RQ for oil
established under that Act is not
automatically altered to correspond to
the sdjutted CERCLA RQ. See SO FR
13473 (April 4.1085). Furthermore, there
an Important reasona for retaining the
oil sheen RQ. The sheen test it generally
a more sensitive reporting trigger than
(he proposed RQ because a sheen may
be created by a quantity of used oil let*
than 100 pound*. The sheen hat been a
utenil trigger because IIU easily
recognized and doet rot require the
sometimes difficult determination of the
volume of spilled oil Thote who
implement the current regulation have
found II to be successful over the past IS
years in creating an effective, early-
warning system for oil spills and in
improving oil handling techniques. Most
Importantly, however. It has been
supported by scientific studies which
have concluded that repeated and low
level releases of oil may cause harm to
aquatic environments. Moreover, these
effects may not ba adequately meaaured
by the aquatic toxicity tetU uaed under
CERCLA and the Cleaa Water Act to
evaluate Individual conatihienta of
hazardous wastes.
Thus, the CERCLA 100 pound RQ for
used oil will apply to all environmental
medie. Including turfac* waters. A
reieate of uaed oil equal to or greater
than 100 pounda mutt bt reported lo the
NRC under CERCLA whether or not an
oil sheen It produced or the waters
affected ere inside the contiguous zone.
If the reieate of 100 poundt or more it
Into navigable waten and the
contiguous zone, the release It alto
subject to the reporting requirement of
the Clean Water Act but one report to
the NRC will satisfy the notice
requirements of both statutes. Releaaea
of ueed oil In amounts lest than 100
pounda lo navigable waten and the
contlguoua zone will be) subject to
reporting requirements under the theen
rule of the Clean Water Act. Such
releases must alto be reported to the
NRC, at provided under thai Act.
VH, State Authorization Impactt
A. Applicability of Ruin in Authorized
State*
Under tection 3006 of RCRA. EPA
may tuthorfzo qualified Slates 10
adminliler and enforce the RCRA
•\lluiion (ran Ship*. JJ U S C. IIOI-lill Thox
rtqulrtnunu ind UMU •ppllcabllnjr in MI forth In
)1 Cm 111 ti ind 111 03. raip«ctl«>ly ThtM
requiramtnn would noi be iKoctfd by lodiy «
propuul
program within the Stale. (See 40 CFR
Part 271 for ihe nandarda and
requirements for suthorizallon.)
Following authorization EPA retains
enforcement authority under sectiona
9008,7003. and 3013 of RCRA. although
authorized States have primary
enforcement responsibility.
Prior lo the Hazardous and Solid
Waale Amendments of 1964 (HSVVA)
amending RCRA. a Slate with final
authorisation administered Ha
hazardous wasto prognm entire)1* In
lieu of tL... ettc««l program.The Federal
requirements no longer applied in the
authorized S'.tte, and EPA could not
!*>sue permits (or any facilities In the
State wKich the State waa authorised to
permit. When new, more stringent
Federal requirements were promulRn(ed
or ensc'-H. the State wat obligated \i
enact equivalent authority within
specifier! tim. frames. New Federal
requirements did not lake effect in an •
authorized Slate until Ihe Stale adopted <
the requirement! at Slate law.
In contrast, under newly enacted
lection 3000(g) of RCRA. 42 U.SG- _
WZofoJ, new requirement! and _
prohibition! Imposed by the HSWA take
effect in authorized State at the tam«
time that they take effect In
nonanlhorized Statea. EPA It directed to
carry out ihote requirements end
prohibitions in authorized Statea.
Including the Issuance of permits, until
the Situ U grao'td authorization to do
so. While Statet mutt ttlll adopt
HSWA-related provisions et Stale law
lo retain final authorization, the HSWA
applies in authorized Statea In the
Interim.
Today's rule would be added to Table
1 in 1271.1(1] which Identifies Ihe
Federal program requirements that are
promulgated pursuant to HSWA. The
Agency belie vet (hat it It extremely
Important to clearly specify which EPA
regulations implement HSWA since
these requirement an immediately
effective in authorised Slates. Slatea
may apply for either Interim or final
authorization for the HSWA provisions
Identified in Table 1 at discussed in the
following tection of tali preamble.
B. Effect on State Autfiontatioiu
Today's announcement propoaei
ttandarda that would be effective In til
St^tei since t«-.« requirement! aatiafy
EPA obligetlont under the Haurdoui
ind Solid Weil* Amendment! of 1904.
Thut. EPA will Implement the tlandards
in nonauihorized Slatee and In
authorized Slates until ihey revise their
programs lo adopt these rules and the
revision n approved by EPA.
BEST COPY AVAILABLE
-------
Federal Rentier / Vol. 50. No. 230 / Fridny. November 29. 1965 / Proposed Rules
49289
A Siste may apply to receive either
interim or final authorization under
lection 3006(g)(2) or 3006|b).
respectively, on (he basis of
requirement* that are substantially
equivalent or equivalent to EPA's. The
procedures and ichedule Tor Slate
program reviiloni under lection 3006(b)
are described In 40 CFR 271.a. See 49
PR 21678 (May 22.1984). The lame
procedures should be followed for
section 3006(81(21.
Applying 1271.21(e)(2). Slates that
hare Tina', anlharization must revise
Iheir progian is within a year l»f
promulgation of EPA's regulations it
only regulatory changes are necessary.
or within two years of promulgation if
statutory changes are necessary. These
deadlines can be extended In
-v-"-tior.al canes (40 CFR 271 21(e)(3)J-
oiates with authorized RCRA
programs may have a listing similar to
that included in today's rule. These
Stale regulations have not been
assessed against the Federal regulations
being proposed today to determine .
whether ihey meet the tests for
authorization. Thus, a Stale Is not
authorized to Implement this listing in
lu-u of EPA until the State program
revision is approved. As a result, tha
listing propose-* In today's rule will
ly in all Sla\ .j. Including States with
;xisting listing similar to that in
ly's rule. £•••- ith an existing
lining may continue to administer and
enforce their standards as a matter of
State law. In implementing the Federal
program. EPA will work with States
under cooperative Agreements to
minimize duplication of efforts.
Slates that submit official applications
for final authorization less than 12
months after promulgation of EPA's
regulations may be approved without
including standards equivalent to those
promulgated. However, once authorized.
a Stale must revise its program lo
include standards substantially
equivalent or equivalent to EPA's within
the lime periods discussed above.
VIII. Requeal for Command
The Agency seeks public comment on
nil of the ieu.c« discussed In this notice
concerning the lisi'ng of used oil as a
h-.zardou* waste. The Agency Is
particularly Interested In comments on
the proposed amendments to I 2B13 ti s
the exemptions for waslewalcrs
contaminated with small amounts of oil
and for induslnal wipers) and on vaioui
approaches which may provide practical
f to used oil recyclers ihai handle
1 oils which are low in
aminaiion.
Comments concerning the extent of
regulation that should be imposed on
various used oil recycling praiticn
should, however, be uddrfsaed under
the section 3014 proposal
IX. Executive Order 12211
Under Executive Order 12291. EPA
must determine whether a regulation is
"major" and therefore subject lo the
requirement of a Regulatory Impact
Analysis. The regulatory impact of this
proposal, taken together with the
recycled oil rules. Is major said Is
addressed In the proposed management
standards for recycled used oil.
appearing elsewhere la today's Federal
RagUtar.
X. Regulatory Flexibility Act
Pursuant lo the Regulatory Flexibility
Act. 5 U S.C. 601 el MO., whenever an
agency is required to publish a general
notice of rulemaking for any proposed or
final rule, il must prepare and make
available for public comment •
regulatory flexibility analysis that
describes the impact of the rule on small
entities {i.e.. small businesses, small
organizations, and small governmental
jurisdictions). The Impact of this rule on
small entities is addressed m the
proposed hazardous waste management
standards for used oil appearing
elsewhere in today's FedsJral Register.
XI. Paperwork Reduction Act
The reporting or recordkeeplng
(information] provisions in this rule will
be submitted for approval lo the Office
of Managementand Budget (OMB)
under aection 3S04(b) of the Paperwork
Reduction Act of 1980, US.C 3901 el
teq. Any final rule will explain how Us
reporting or reconikeeping pruvisons
respond to any OMB or public
comments.
XII. Ust of Subjects
40 CFR Part 2SD
Administrative practice and
procedure, confidential business
information, hazardous waste'
40 CFR Part 201
Hazardous waste. Recycling
40 CFR Part 271
Hazardous materlils. Reporting and
recordkeeplng requirements. \Vaste
treatment and disposal. Water pollution
control. Watei supply.
Intergovernmental relation;. Penalties.
Confidential business information.
40 CFR Part 302
Air pollution control. Chemicals.
Hazardous materials. Hazardous
materials transportation. Hazardous
substances. Intergovernmental relations.
Natural resources. Nuclear materials.
Pesticides' and pests. Radioactive
materials. Reporting and recordkeeping
requirements. Superfund Waste
treatment and disposal Water pollution
control
Dated: November a. 1985.
LseM. Thanes.
Administrator.
For the'reasons set out in the
preamble.' It ia proposed lo amend Title
40 of the Code of Federal Regulations as
follows:
PART 2«6-HAZARDOUS V?A*TE
MANAGEMENT SYSTEtt-OENCRAL
1. The authority citation for Part 280
continues) lo read as follows:
Authority. Sees. 1008, HXO(»l 3001 through
3007.3010.301' W1S.J017.3013. Xn& and
7004 of Ihs Roi'fl Wisle uispoMl Act as
•mendtd by the Resource Conservation and
Xecovery Act of IB78. as unaided [41 US.C
eoos. enz(sj. era uvoufh no. ana BOM.
flttu. 0937. MM, 0030. and mn\.
1260.10 [Amended]
2. Section 280.10 la amended by
adding a new definition for used oil to -
appear alphabetically:
"Used Oil" is petroleum-derived or
synthetic oil including, but not limited
to. oil which is used as a: I) Lubricant
(engine, turbine, or gear); U) Hydraulic
fluid (including Iranamiaaloa fluid}; ill)
Metalworklzig Quid ('.deluding cutting.
grinding, machining, rolling, stamping.
quenching, and coating oils:) 01 Iv)
Insulating Quid or coolant and whkh ia
contaminated through useoi subsequent
management.
PART MI-IDENTIFICATION AND
UST1NO OF HAZARDOUS WASTE
3. The authority citation for Part 281
continues to read as follows:
Authority: Sacs. 1009, 2OB|a). SOOX and
3001 of the Solid Waste Disposal Act as
toMiidad by the Resourea Conaerranoa and
Recovery Ad of 1970, as emnded [4z VS.C.
egos, amziaj. «n. and sasj.
4. Section 261.3 i* amended by
revising the introductory text of
paragraph (alUll'v). by adding a new
paragraph (a)(2)(tv](F): and by adding a
new paragraph («|, to read as follows:
{M1.3 OefliUttonol
(iv) Except as provided in paragraph
(e) of this section. It Is a mixture of solid
waste and one or more hazardous
wastes listed in Subpart D and has not
-------
4S270 Federal Hamster / Vol. 50, No. 230 / Friday. November 29. 1965 / Proposed Rules
been excluded from this paragraph
under I i 260.20 tnd 290 22 of thit
ChapLet. however. the following
miKiures of solid waitea and hatardou*
wgjie* listed in Subpart 0 are not
haiardoua waste* (except by
application of paragraph (a)(i)(i) or (n)
of thii lection) if the generator can
demonstrate that the mixture consists of
watiewaler the discharge of which is
subject to regulation under either
Section 40£ or Section 307{bJ of the
Clean Water Act (including watte water
at facllliies which have eliminated the
ditchure« of wutewater) and:
• « • • •
ID Used oil caused by a At minimi*
tost of lubricating oil, hydraulic «l.
melslworlting fluid*, or insulating fluid
or coolant, ForpurpOM* ofthu
"•"••ye;1!, "d« minimi*" tatsea include
si, .all ipiflt, leaks, ordrtppmga from
pumpa. machinery. pipas. and other
similar equipment during normal
operation* or when small amount* of oil
are loal to 0)8 waetewater treatment
syv.em during walking or draining
operation*. Thit exception will not
apply if ihe used oil U discarded as a
result of abnormal manufacturing
operation* mulling In aubatantial leak*,
*pilli. or other releases or to used oil
recovered ftor wattewater.
[e)Th« following mixture of solid
waste and h: . ' •„* wailn listed in
Siibpart Dare not haiardoui watte*
except by application of paragraph
(1) Industrial wipers contaminated
with jmafi amount* of used oil. The term
industrial wiper* includes shcp towels.
rag*, and disposable wiper*.
(ZJ [Reserved]
S In I 281.31. add the following waste
In numerical order
| M1.11 Hazardous «aat« from nor*
MM-
fax . _
Uwd at «0U*«
6. Adrt th« following entry in
numenrai order to Appendix VII of Part
ZB1-
Appendix Vn—Basla for Uitiag
Haurdout Waste
FOM
I.I.I-
PART 371-flEOUIREUENTS FOR
AOTHORIZATION OF STATE
HAZARDOUS WASTE PROORAMS
* i
7. Th« au'Jionty citation for Pan 271
continues to read as follows:
Authority Sec IW8, 2ti02[t). and 3006 of
ihe Solid Wane Oupotat Act. at amended by
the RetoV'et Coiuervalion tnd Recovery
Aoi of isra, at intended (« U S.C. 8903.
Mi2[a). and 6926)
{271.1 (fcnuneWdt
6. f 27i.l[j) is amended by adding Ihe
following entry to Table I In
chronological order by dale of
publication:
TABLE I -REGULATIONS IMPLEMENTING
THE HAZ* .'3 *NO i/yJO WASTF
AMENDMENTS OF 1B64
Om tt Mtteioon * »•
PART SOI— DESIGNATION,
REPORTABLC QUANTmE3, AND
NOTIFICATION
9. The Authority citation for Part 302
continues to read as follows:
Authority: Sac, 102 of ihe Compnhanilva-
Environmental Reiponn. CompemaUon, and
Liability Act of 1880. 42 OS.C. 8002; Secdon*
111 «nd Sn(») of th* Federal W»tn PoUutloR
Cotitrel Act. U U4.C. 13ZI and 1381 .
10. it it proposed n amend 40 CFR
1 3C2.4 by amending Table 302.4 by
adding the following entry in numerical
order, as follows:
T«L£ 3014.—LIST Of HA2AROOUS S«BST»NC68 *NO flEPORTABUE QUAKIlTES
AM no
CASIW
M
nou
wnu
no.
FOM X
100104)
nantv« ouoncnna,
dua end eeokn ond •«•« • oom*n«wu« ntufi «•
|fR Doc SS-27901 Filed 11-27-65:«.« am)
-------
Friday
March 4, 1994
Part V
Environmental
Protection Agency
40 CFR Parts 271 and 279
Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste; Recycled Used Oil Management
Standards; Final Rule
-------
10550 Federal Register / Vol 59. No 43 / Friday. March 4. 1994 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 279
IEPA/530-2-42-011; FRL-4S45-J]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Recycled Used OH
Management Standards
AGENCY: Environmental Protection
Agency.
ACTON: Final rule.
SUMMARY: On September 10.1992. EPA
exempted used oil inserted into crude
oil pipelines from the part 279 used oil
management standards. EPA is today
clarifying the existing pipeline
exemption and expanding the
exemption to other petroleum refinery
applications. Today's document clarifies
that the exemption from the used oil
management standards did not intend to
exclude used oil mixed with crude oil
or natural gas liquids (hereinafter
referred to as "crude oil") in pre-
pipelrae units (e.g.. stock tanks.
production separators) pnor to being
introduced into the crude oil pipeline.
In addition, today's rule expands the
used oil exemption to include
transportation and/or storage of
mixtures of small amounts of used oil
(i.e.. less than 1%) and crude oil that are
destined for insertion into a petroleum
refining facility process at a point prior
to crude distillation or catalytic
cracking.
Today's rule exempts from the part
279 standards, used oil that is inserted
into the petroleum refining facility
process after distillation or catalytic
cracking operations provided that the
used oil meets the used oil specification
pnor to insertion.
Today's rule also exempts from the
part 279 standards used oil that
incidentally enters and is recovered
from a refinery's hydrocarbon recovery
system or wastewater treatment system
(i.e.. process sewer, storm sewer, or
wastewater treatment units), if the
recovered used oil is subsequently
inserted into the petroleum refinery
process.
In addition, today's rule expands the
definition of transfer facility to allow
used oil to be held more than 24 hours
but less than 35 days pnor to specified
activities.
Finally, EPA is today amending the
used oil processor standards to clarify
that a specific set of on-site
maintenance, filtering, and separation
activities were not intended to be
covered under the used oil processor
standards. EPA is also correcting errors
in regulations that appeared >n the May
3. 1993. Federal Register.
EFFECTIVE DATE: April 4. 1994
ADDRESSES: The regulatory docket for
this rulemaking is available for public
inspection at room 2427. U S.
Environmental Protection Agency. 401
M Street SW . Washington. DC 20460
from 9 a.m. to 4 p m . Monday through
Friday, except for Federal holidays. The
docket number is F-94-UOTA-FFFFF.
The public must make an appointment
to review docket materials by calling
(202) 260-9327. The public may copy a
maximum of 100 pages from any
regulatory document at no cost.
Additional copies cost $.20 per page.
FOR FURTHER INFORMATION CONTACT: For
general information contact the RCRA
Hotline. Office of Solid Waste. U.S.
Environmental Protection Agency. 401
M Street SW. Washington. DC 20460:
Telephone (800) 424-9346 (toll free) or.
in the Washington DC, metropolitan
area at (703) 920-9810.
For information on specific aspects of
this rule, contact Ms. Eydie Pines,
telephone (202) 260-3509. U.S. EPA.
401 M Street SW., Washington. DC
20460.
SUPPLEMENTARY INFORMATION: The
contents of today's preamble are listed
in the following outline:
I Authority
n. Background.
A. Summary of Recent Regulatory Action*
Pertaining to Used Oil.
1 Summary of May 20.1992. Federal
Rogbtar Notice.
2. Summary of September 10.1992,
Federal Register Nonce.
3 May 3.1993. and June 17.1993
Correction Notices.
B. Summary of the 1965 Comments.
C. Summary of 1991 Comments.
ID. Analysis of New Put 279 Provisions.
A. Summary of Comments from Interested
Parties.
B. Definition of petroleum refining facility,
utad oil re-refining facility
C Used Oil Introduced into Crude Oil
Pipelines or Petroleum Refineries.
1. Used Oil Introduced into Crude Oil
Pipeline*.
2. Storage and Transportation of Mixture*
of Uted Oil and Crude Oil.
3. Used Oil Inserted into the Petroleum
Refining Process without Pnor Mixing
and Mixtures of Greater Than One
Percent Used Oil.
4 Used Oil Inserted Into the Petroleum
Refining Process after Crude Dlstillanon
or Catalytic Cracking.
3. Used Oil Captured by the Refinery's
Hydrocarbon Recovery System or
Wutevreter Treatment System end
Inserted into Petroleum Refining Process.
6. Slock Tank Bottoms.
D. Used Oil Transportation. Definition of
Transfer Facility.
E. Used Oil Processing by Generators tnd
Transfer Facilities.
\ Oefinition of Used Oil Processor
(Aj Reconditioning used oil before
returning it for reuse by the generator
(B) Separating used oil from wastewater to
make wastewater acceptable for
discharge or reuse
(C) Using oil milt collectors to remove
droplets of used oil from ID-plant air to
make plant air suitable {or continued
recitculation.
(D) Removing used oil from materials
containing or otherwise contaminated
with used oil in order to remove
excessive oil.
(E) Filtering, separating, or otherwise
reconditioning used oil before burning it
in a apace heater
F Restrictions on transporters who are not
also processors or re-refiners and
change* to the definition of transfer
facility.
C Tracking.
H. Correction to the Regulatory Language
1 Requirements for enforcement authority
2. Returnable Presumption.
3. Characteristic Hazardous Waste.
! Correction to the Preamble Language
IV State Authorization.
V Executive Order 12866.
VT Paperwork Reduction Act.
VU. Regulatory Flexibility Act.
VIII. Administrative Procedure Act.
Authority
The regulations promulgated today
are issued under the authority of
sections 1004.1006. 2002(a). 3014. and
7004 of the Solid Waste Disposal Act. at
amended by the Resource Conservation
and Recovery Act. and as amended by
the Used Oil recycling Act. as amended.
42 U.S C. 6903. 6905. 6912(a). 6935. and
6974.
n. Background
A. Summary of Recent Regulatory
Actions Pertaining to Used Oil
1. Summary of May 20.1992. Federal
Register Notice
On May 20,1992. EPA published a
final listing determination for used oils
that are destined for disposal (see 57 FR
21524). The Agency determined that
used oils destined for disposal did not
have to be listed as a hazardous waste
because used oils do not typically and
frequently meet the tnrhniral criteria for
listing a waste as hazardous. EPA gave
considerable attention, in reaching its
determination, to the current Federal
regulations that govern the management
of used oils that are disposed, including
the requirement for used oil that
exhibits a characteristic of hazardous
waste under subtitle C of RCRA.
The May 20.1992. Federal Register
notice also included a categorical
exemption from the definition of
hazardous waste in S 261.4 for non-
teme-plated used oil filters that have
been hot-drained to remove used oil.
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Federal Register Vol 59. No 43 /' Friday. March 4. 1994 ' Rules and Regulations 10551
EPA based this exemption on data
submitted to the Agency indicating that
these filters do not typically and
frequently exhibit the toxicity
characteristic.
2 Summary of September 10,1992.
Federal Register Notice
On September 10.1992. EPA
promulgated a final listing decision for
used oils that are recycled and
simultaneously promulgated
management standards for used oil.
codified at 40 CFR part 279 (see 37 FR
41566). EPA determined that used oil
destined for recycling did not have to be
listed as a hazardous waste because the
used oil did not meet the technical
cntena for listing a waste as hazardous.
particularly in light of the new
management standards and other federal
requirements which control the nsks
posed by improper management of used
oil. The standards cover used oil
generators, transporters, processors, re-
refiners, off-specification burners and
marketers. The standards included an
exemption from the management
standards for used oil placed directly in
a crude oil pipeline.
3 May 3. 1993. and June 17. 1993
Correction Notices
On May 3.1993. EPA published
technical amendments and corrections
to the May 20,1992 and September 10,
1992. Federal Register Notices (see 58
FR 26421). On June 17. 1993. EPA
corrected several errors in the May 3.
1993. notice (see 58 FR 33341).
B Summary of the 1985 Comments
Regarding Used Oil Mixed With Crude
Oil Destined for Refineries
On November 29,1985. EPA proposed
to list all used oil as a hazardous waste
(50 FR 49248). Commenters responded
that used oil mixed with crude oil be
exempt from such regulation because
the small quantities of used oil mixed
with crude oil posed no threat to the
environment when refined with crude
oil.
C. Summary of 1991 Comments
On September 23.1991. EPA
proposed that the two exemptions from
subtitle C requirements promulgated in
1985 (see 40 CFR 261.6(a)(3) (vHviii))
for oil-bearing hazardous waste and
fuels derived from these wastes, also
apply to used oils. (56 FR 48026. 48042)
EPA proposed exemptions from the
'used oil management requirements
(whether or not EPA ultimately listed
used oil as a hazardous waste) for (1)
Used oils that an reinserted as
feedstocks at primary petroleum
refineries, and (2) fuels derived from
those used oils
Commenters (mainly the primary
petroleum refining industry) stated that
if EPA chose to list used oil as
hazardous waste, the Agency should
exempt used oil that is remtroduced
into the refinery process from hazardous
waste or used oil management standards
requirements Commenters further
stated that if EPA did not adopt this
exemption, the entire refinery process
could be subject to hazardous waste
management requirements, including
permits. Commenters stated that this
would be unwarranted because the
reintroduction of used oil into the
refining process contributes only
insignificant concentrations of metals to
the crude oil or finished petroleum
product. Other commenters stated that
refiners that handle used oil should be
subject to the same requirements for
used oil management as are used oil re-
refiners
Commenters from the primary
petroleum refining industry also stated
that EPA should not limit the exemption
to those instances where used oil is
inserted before fluid catalytic cracking
or distillation, since other conversion
and distillation processes in the refinery
would also remove, alter or immobilize
impurities in the oil. They asserted that
limiting the point of insertion could
foreclose the future development of
used oil recycling activities. These
commenters also stated that limiting the
insertion point could preclude refineries
from accepting DIY oil. Commenters
asserted that DIY oil might have to
undergo certain pre-processing «t
refineries prior to its insertion into the
refining process. They also asserted that
under the proposed exemption, this pre-
processing would not be exempt and
would be a hazardous waste activity.
Commenters stated that these activities
are pan of the refining process.
Commenters from the primary
petroleum industry further stated that
EPA should extend the exemption to
apply to used oil inserted into the
pipeline at marketing. E&P and pipeline
facilities for use in the refinery process.
They asserted that used oil recovered
from oil and gas exploration and
production is placed in pipelines and
trucks and returned to the refinery from
other petroleum facilities. Commenters
stated that the recovered oils are useful.
valuable raw materials that are
raintroduced into the crude stream for
their economic value.
m. Analysis of New Part 279 Provisions
On September 10.1992. EPA
promulgated a final listing decision for
used oils that are recycled and
simultaneously promulgated standards
in 40 CFR part 279 (or the management
of used oil under RCRA section 3014
Under § 279.10(g) of part 279. EPA
granted an exemption for used oils
introduced directly into crude oil
pipelines from pan 279 standards at the
point at which they are introduced. EPA
did not address the proposed
exemptions for used oil inserted into the
petroleum refining facility process
either prior to or after crude distillation
or catalytic cracking
The American Petroleum Institute
filed a petition for review of the
September 10.1992. rule, on December
8,1992. raising the issue that EPA had
not addressed the proposed exemptions
for petroleum refining, production, and
transportation in the September 10.
1992. final rule. Today's rule responds
to comments and addresses outstanding
issues related to used oil and petroleum
refining facility processes
A Summary of Comments From
Interested Parties
Today's rule was distributed m draft
form for comment to the litigants and
intervenors concerning the \992_rule.
and other concerned members of the
regulated community. States, and
environmental groups. The primary
substantive comments received on the
draft and EPA's responses to those
comments are summarized below
EPA received several comments from
the petroleum industry on the
exemption from pan 279 for storage and
transportation of mixtures of used oil
and crude oil that contain less than l%
used oil and are destined for insertion
into petroleum refining process. These
commenters objected primarily to
provisions in the draft final rule limiting
the exemption to mixtures that contain
less than 1% used oil. The commenters
also objected to limiting the amount of
used oil that can be directly inserted
into the petroleum refining process to
1% of the crude oil process unit
throughput at any given time. EPA has
retained the 1% limit in both cases in
today's final rule for reasons discussed
m section D1.B.2 of this preamble.
EPA received comments from used oil
re-refiners (i.e., "secondary" petroleum
industry—a type of used oil processor)
regarding the regulatory status of
petroleum refineries that receive used
oil from off-site and store the used oil
on-site before mixing it with crude oil.
The draft rule proposed to regulate
petroleum refining facilities as used oil
transfer facilities in these
circumstances. Commenters stated.
however, that petroleum refiners that
receive used ou from off-site pose the
same potential concerns from receipt of
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10552 Federal Register / Vol 59. No 43 / Friday. March 4. 1994 > Rules and Regulations
adulterated used oil and improper
storage of used oil as re-refiners and
should therefore be subject to the
requirements for used oil processor/re-
refiners prior to mixing. EPA agrees and
has revised the draft rule accordingly
These changes are discussed in greater
detail below
EPA also received numerous
comments on provisions clarifying what
constitutes a used oil processor.
Provisions contained in the draft
document would have prohibited both
on- and off-site burning of used oil
generated from specified activities that
EPA is today clarifying are not subject
to the used oil processor standards.
Commenters stated that the used oil
generated from these activities would be
suitable for burning in accordance with
the part 279. subpart G standards and
that burning should not be further
restricted In response to these
comments. EPA has decided to allow
on-site burning of the used oil generated
from these activities but has retained the
prohibition against off-site burning. The
basis for this decision is discussed in
section m.C of today's preamble.
B Section 279.1—Definition of
Petroleum Refining Facility
Today's rule establishes a regulatory
definition for "petroleum refining
facility." EPA believes it is necessary to
define this term m order to provide a
clear distinction between what the
Agency considers to be and regulates as
primary petroleum refining facilities
and facilities that EPA considers to be
used oil re-refiners for regulatory
purposes. Under today's rule.
"petroleum refining facility" is defined
as follows:
"Petroleum refining facility" means an
establishment primarily engaged in
producing gasoline, kerosme. distillate fuel
oils, residual fuel oils, and lubricants.
through frectionation. straight distillation of
crude oil. redistillation of unfinished
petroleum derivatives, tracking or other
processes (i.e.. facilities ckwifUd u SIC
2911).
A used oil re-refiner, in contrast, is a
facility that processes used oil to
produce lube base stocks and greases,
industrial fuels, asphalt extenders.
diesel like fuels, and other products.
EPA is aware that petroleum refiners
and used oil re-refiners employ similar
production processes and produce
similar products. Consequently, the
Agency has avoided defining these
facilities in terms of the process steps
employed to produce a finished product
or the type of products produced. As
defined by today's rule, petroleum
refining facilities and used oil re-
refining facilities differ primarily u; the
material lhai constitutes the primary
initial feed to the process In order for
a facility to be considered a petroleum
refining facility, the material fed to the
front end of the refining process must be
comprised primarily of crude oil In
order to be considered a used oil re-
refiner, the material entering the front
end of the process must be comprised
primarily of used oil.
C Section 279 10(g)—Used Oil
Introduced Into Crude Oil Pipelines or
Petroleum Refining Facilities
1. Section 279 10(gJ(l)—Used Oil
Introduced Into Crude Oil Pipelines
The September 10.1992. final used
oil regulations provided an exemption
at §279.10(g) from management
standards for used oil that is placed
directly into a crude oil pipeline (see 57
FR 41613). Today's rule replaces
§ 279.10(g) with § 279 10(gj(l) which
clan Res the ongmal intent of the
pipeline exemption. Section 279.10(g) of
the September 10.1992. final rule
provided that "Used oil that is placed
directly into a crude oil. oil or natural
gas pipeline is subject to the
management standards of [pan 279]
only prior to the point of introduction
into the pipeline. Once the used oil is
introduced to the pipeline, the material
is exempt from the requirements of [part
279|."
EPA is concerned that the phrase.
"placed directly into a crude oil or
natural gas pipeline." can be literally
interpreted to apply more narrowly than
the Agency had intended. EPA
understands that it is standard practice
to first mix small amounts of used oil.
typically less than 1%. with crude oil in
stock tanks, production separators or
other tank units that are connected via
pipeline to the petroleum refining
facility (i.e.. pro-pipeline units). It was
not EPA's intent to exclude used oil that
is mixed with crude oil in these pro-
pipeline units from the § 279.10(g)
pipeline exemption. Rather. EPA
intended to include this practice within
the meaning of "direct insertion."
Because used oil is typically inserted
into the petroleum pipeline through
these pre-pipeline units, to exclude
these units from the pipeline exemption
would effectively render the exemption
meaningless. Clearly this was not EPA's
intent. Today's rule revises the language
of the exemption to clarify that used oil
may be inserted into the pipeline via
pro-pipeline units (which contain crude
oil) exempt from the requirements of
part 279. It should be noted here that
the § 279.10lg)(l) pipeline exemption
established by today's rule is limited to
pipelines that convey crude oil from off-
site locations to the petroleum refining
facility The exemption does not apply
to pipelines that convey crude oil from
one on-site location within a petroleum
refinery to another If such on-site
piping contains used oil, it is exempt
only if i! qualifies under
§§ 279 lO(g)(2H5) discussed below.
Also, if processing of the used oil is
performed pnor to mixing with crude
oil in these pre-pipeline units, such
processing remains subject to the part
279. subpan F standards for used oil
processors and re-refiners. Used oil that
is generated and stored at the pipeline
is subject to the used oil generator
standards prior to mixing with crude
oil. Used oil that is transported to the
pipeline and immediately mixed with
crude oil or stored for less than 24 hours
pnor to such mixing is subject to all
Subpart E transporter standards except
for § 279 45 which applies to transfer
facilities. Used oil thai is transported to
and subsequently stored at the pipeline
for more than 24 hours and less than 35
days prior to mixing with crude oil is
subject to all the part 279. subpart E
transporter/transfer facility
requirements.
2. Section 279.10(g](2)—Storage and
Transportation of Mixtures of Used Oil
and Crude Oil
Section 279.10{g)(2) of today's rule
expands the used oil management
standard exemption to include: (1)
Mixtures of used oil and crude oil
containing less than 1% used oil that
are being stored at the petroleum
refining facility or in discrete units
remotely located from the pipeline, as
long as the mixture is destined for the
refinery and inserted prior to crude
distillation or catalytic cracking: and (2)
mixtures of used oil and crude oil
containing less than 1% used oil that
an being transported (via truck, nil, or
vessel) to the petroleum refinery or the
pipeline for insertion into the petroleum
refining process prior to crude
distillation or catalytic cracking. The
former exemption provided at
§ 279.10(g) did not apply either to
mixtures of used oil and crude oil that
are stored at the petroleum refinery or
in remotely located units, or to the
transportation of mixtures of used oil
and crude oil. The previous, more
narrow exemption was based on the
assumption that used oil was placed
directly into the pipeline (or into units
directly connected to the pipeline as
previously discussed). EPA assumed
that the mixing of used oil and crude oi
occurred at the point at which used oil
was inserted into the pipeline. EPA has
since learned, however, that mixing
frequently occurs at exploration and
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Federal Register / Vol. 59. No 43 / Friday. March 4. 1994 / Rules and Regulations 10553
production tiles that are remotely
located from the pipeline or the
petroleum refinery
For example, used oil generated
during on- and off-shore drilling
activities (e.g from compressors, trucks
and other heavy equipment) is routinely
mixed with crude oil in units (e g.
production separators, seagoing vessels.
stock tanks, etc.! located at the
exploration and production site and
then transported, as a mixture, to the
pipeline or petroleum refining facility.
Depending on the location of the
drilling activities, the mixture of used
oil and crude oil may need to be
transported (by vessel, truck, rail, etc.)
to a separate location for introduction
into the pipeline or the petroleum
re fining facility. In the case of off-shore
drilling sites for example, conveyance of
the mixture may involve multiple
modes of transportation (i.e.. from the
off-shore platform to land by vessel or
pipeline and then to the crude oil
pipeline by land-based transport).
Today's exemption covers all modes of
transportation of mixtures of used oil
and crude or natural gas liquids, as long
as the mixture contains less than 1%
used oil and is destined for insertion
into a petroleum refining facility
process at a point prior to crude
distillation or catalytic cracking. In
addition, today's exemption covers
storage of mixtures of used oil and
crude oit. provided that the mixture
contains less than 1% used oil and is
inserted into a petroleum refining
facility process prior to crude
distillation or catalytic cracking.
Used oil that is generated at
exploration and production sites
continues to be subject to used oil
generator standards pnor to being mixed
with crude oil such that it is exempt
under today's rule. Used oil that is
generated off-site and transported to or
stored at an exploration and production
site is subject to the transporter and
transfer facility standards, a* applicable.
up until the point at which the used oil
is mixed with crude oil such that it is
exempt under § 279.10(g)(2).
EPA is exempting mixtures of used oil
and crude oil held in discrete units at
a refinery or at remote locations because
the Agency understands that the amount
of used oil contained in these mixtures
is extremely small relative to the targe
quantities of crude oil. In developing
today's rule, EPA held numerous
discussions with petroleum refinery
ndustry representatives regarding the
Maximum amount of used oil contained
n mixtures of used oil and crude oil
that are destined for insertion into a
petroleum refining process prior to
crude distillation or catalytic cracking.
Industry representatives repeatedly
informed the Agency that used oil
constitutes less than 1% of these
mixtures. In gathering information for
today's rule. EPA held conference calls
with representatives from a number of
petroleum refining companies (e.g.,
Mobil Oil Corporation and Phillips
Petroleum Inc.,). The Agency also
conducted several site visits, including
visits to an Amoco refinery in Whiting.
Indiana and a Mobil Oil Corporation
refinery in Paulsboro. New Jersey. In
each case, EPA was informed that used
oil does not currently, and will not
comprise greater than 1% of the crude
ail/used oil mixture because of the sheer
volumes of crude oil that are
continuously being produced and
processed relative to the amount of used
oil that is generated at production sites
or refineries. This recent information is
consistent with comments submitted in
response to the 1905 Used Oil Proposed
Rule in which Exxon Company. LISA
staled that the average percentage of
used oil in refinery feed stock streams
is less than 0.02% and Texaco, Inc.,
indicated that used oil would constitute
no more than 0.01% of the refinery
input.
EPA does not believe it is necessary
lo apply the used oil management
standards to the less than 1% fraction of
used oil that is being held temporarily
in discrete units or transported from
those units to the pipeline or the
petroleum refinery for recycling as part
of a mixture that is composed
overwhelmingly of crude oil. In essence.
because of the high ratio of crude oil to
used oil, EPA considers the mixture to
be equivalent to crude oil for regulatory
purposes. EPA's port 279 standards
wen designed to control those
particular risks associated with the
management of used oil (e.g..
uncontrolled burning, improper storage
practices by used oil handlers) pursuant
to section 3014 of RCRA.
The reason for EPA's imposition of a
1 % limit on the amount of used oil
contained in mixtures of used oil and
crude oil being stored or transported to
a crude oil pipeline or petroleum
refinery prior to insertion into the
refining process is thai, while we have
determined that the small amounts of
used oil that an being added to crude
oil under current practices pose no
incremental risk over normal crude oil.
we have not evaluated whether larger
amounts of used oil also pose no
incremental nsk. Given the information
provided to EPA by the petroleum
refining industry regarding the inherent
limitations on the amount of used oil
that is or should be contained in
mixtures of used oil and crude oil (i e..
less than 1%). and given that EPA has
received no information, either recently.
or in response to previous rulemakings
that provides basis for an alternative
Lout, the Agency sees no point in
imposing a higher cap. Imposition of a
higher cap could have the effect of
encouraging mixing of used oil with
crude oil that would not otherwise
occur during the normal course of
petroleum refining operations. Such an
incentive might lead to increased
incremental nsk from management of
large amounts of used oil. exempt from
the part 279 standards, at petroleum
refineries. EPA also concluded that a
less precise limit (i.e.. "do minima" or
"small amounts"), as was suggested by
some commenten from ihe petroleum
refining industry, would needlessly
cause uncertainty, given that EPA was
told repeatedly that amounts currently
introduced are far less than 1%.
3. Section 279.10(g)(3)—Used Oil
Inserted Into the Petroleum Refining
Process Without Prior Mixing and'
Mixtures of Greater Than One Percent
Used Oil
As previously stated, under today's
rule, mixtures of used oil and crude oil
containing less than 1% used oil that
are transported to or stored at a
petroleum refinery, and are introduced
prior to crude distillation or catalytic
cracking, are exempt from part 279
standards under § 279.10{g](2). It is
EPA's understanding, based on
information received from petroleum
industry representatives, that used oil
can potentially be inserted directly into
the petroleum refining process prior to
crude distillation or catalytic cracking
without either (1) Mixing the used oil
with crude oil feedstocks, or (2) pre-
processing of the used oil to ensure that
any contaminant* in the used oil will
not interfere with the refining process
(e.g., contaminants fouling a catalyst.
etc.). Based on this understanding,
today's exemption also applies to used
oil that is introduced directly into the
petroleum refining process at a point
prior to crude distillation or catalytic
cracking as long as the used oil
comprises leu than 1% of the crude oil
feed to a petroleum refining facility
process unit at any given time. Again.
because of the high ratio of crude oil to
used oil, EPA considers these mixtures
to be equivalent to crude oil for
regulatory purposes. Therefore, the
Agency believes that this activity would
pose no significant increase in risk.
Used oil that is inserted directly into
the petroleum refining process (at a
volume of less than 1% of the crude oil
process unit feed at any given tune) is
considered mixed, and therefore exempt
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10554 Federal Register / Vol 59. No 43 / Friday. March 4. 1994 / Rules and Regulations
from part 279. at the point at which it
enters the process This exemption
applies both to used oil generated at the
petroleum refining facility where the
used oil is being insetted, and to used
oil generated off-site that is collected
and transported to the petroleum
refining facility for insertion into the
refining process pnor to crude
distillation or catalytic cracking.
Used oil that is inserted into the
petroleum refining process without first
being mixed with crude oil feedstocks
(e.g. in crude oil stock tanks) is subject
to pan 279 standards pnor to insertion.
Used oil that is generated on-site and
then stored without pnor mixing and
used oil generated on-site that
constitutes greater than 1% of a mixture
of used and crude oil continues to be
subject to the part 279. subpart C
standards for generators. With the
exception of used oil that is exempt
from the part 279 standards because it
constitutes less than 1% of a mixture of
used oil and crude oil. used oil that is
generated off-site and then transported
to or stored at a petroleum refining
facility, continues to be subject to the
applicable part 279 requirements i.e.. to
the requirements for used oil
transporters and transfer facilities while
being transported and to the
requirements for used oil processors
upon receipt at the petroleum refining
facility Petroleum refining facilities that
receive used oil from off-site for direct
insertion into the petroleum refining
process are subject to the used oil
processor standards from the point at
which they receive the used oil up until
the point at which the used oil is
inserted into the petroleum refining
process. Finally, it is important to
reiterate that the exemptions provided
under both §§ 279.10(g)[2) and
279.10(g)(3) of today's rule apply at the
point of mixing and only to mixtures
that contain less than 1% of used oil.
Although petroleum industry
representatives have raised concerns
that a 1% limit on the amount of used
oil that can be inserted directly into the
petroleum refining process may be
technology limiting. EPA has not
received any information that would
support this position, nor has the
Agency received information to support
an alternative level. The Agency
believes that by limiting the amount of
used oil that can be introduced directly
into the refining process exempt from
the used oil processing standards, it can
better ensure against mixing only to
avoid compliance with the part 279
processing standards. If information
becomes available that the 1% limit is
inhibiting used oil recycling, the
Agency will consider whether any
change to the rules is necessary
In the draft rule. EPA proposed to
regulate petroleum refining facilities
that receive used oil from off-site as
used oil transfer facilities pnor to
mixing. However. EPA agrees with
comments on the draft rule that
petroleum refining facilities that receive
used oil from off-site pose the same
potential concerns associated with
receipt of adulterated used oil and
improper storage of used oil as used oil
re-refiners. Petroleum refining facilities
that receive used oil from off-site may
not have adequate information to ensure
that the used oil has not not been
improperly mixed with listed hazardous
waste. Also, the volumes of used oil that
may be managed require adequate
planning for dealing with emergency
releases. EPA has therefore revised the
final rule to provide that petroleum
refining facilities that receive and store
used oil from off-site are subject to the
used oil processor standards pnor to
mixing. The principal effect of this
change is that petroleum refiners that
receive used oil from off-site must
prepare a waste analysis plan to ensure
that the used oil has not been mixed
with hazardous waste and must
maintain an operating record to
document compliance with the waste
analysis plan. In addition, such
refineries will have to adopt or amend
emergency contingency plans to address
used oil in accordance with § 279.52 of
the used oil management standards.
4. Section 279 10(g)(4)—Used Oil
Inserted Into the Petroleum Refining
Process After Crude Distillation or
Catalytic Cracking
Under § 279.10(g)(4) of today's rule.
used oil that is inserted into the
petroleum refining process after crude
distillation or catalytic cracking is
exempt from the part 279 standards
provided that the used oil meets the
used oil specification pnor to insertion.
Used oil remains subject to part 279
standards up until its actual insertion
into the petroleum refining process. As
previously discussed, used oil generated
on-site must be stored according to part
279. subpart C standards for used oil
generators. Used oil generated off-site
must be transported according to the
part 279. subpart E standards for
transporters and transfer facilities and
stored according to the part 279. subpart
F standards for used oil processor/re-
refiners.
EPA's use of the terms "before" and
"after" crude distillation or catalytic
cracking is intended to distinguish
between the initial part of the petroleum
refining process where crude oil is the
primary feedstock and is refined by
undergoing crude distillation or
catalytic cracking and the latter pan of
the petroleum refining process where
crude oil residuals constitute the
primary feed, and coke and asphalt are
the primary products. Refinery
processes that occur after crude
distillation or catalytic cracking do not
provide refining to the same extent as
that which occurs as a result of crude
distillation or catalytic cracking. Crude
distillation or catalytic cracking is
expressly designed to remove, alter, or
otherwise immobilize contaminants in
the normal course of the refining
process. EPA has insufficient
information on post-crude distillation or
catalytic cracking units identified by
commenters (e.g. asphalt towers.
petroleum cokers). and is concerned
about the possible environmental effects
(e.g.. air emissions, transfer of
inorganics to asphalt or petroleum coke)
of placing large amounts of off-
specification used oil into the petroleum
refining process without passing
through the crude distillation or
catalytic cracking units. In contrast, on-
specification used oil may bo burned in
the same manner as virgin petroleum
fuel in other situations, therefore it
makes little sense to restrict its use as
a feedstock to the petroleum coker (or in
any other process "after" crude
distillation or catalytic cracking).
It should be noted that if off-
specification used oil is inserted into
petroleum refining processes after crude
distillation or catalytic cracking (e.g.. a
coker). the facility would be subject to
the used oil processing requirements in
part 279. subpart F. In addition.
petroleum refining facilities that wish to
insert on-specification used oil into the
refining process after crude distillation
or catalytic cracking and that are the
first to claim that the used oil is on-
specification (whether generated at the
refinery, or at an off-site location).
would be defined as marketers subject
to the requirements for used oil
marketers found in part 279. subpart H.
S. Section 279.10(g)(5>—Used Oil
Captured by the Refinery's Hydrocarbon
Recovery System or Wastewater
Treatment System and Inserted Into
Petroleum Refining Process
Section 279.10(g)(5) of today's rule
exempts from the part 279 standards
used oil that incidentally enters and is
recovered from a petroleum refining
facility's hydrocarbon recovery system
or its wastewater treatment system (e.g.,
process sewer, storm sewer, or
wastewater treatment units), if the
recovered used oil is subsequently
inserted into the petroleum refining
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process Oil (that may contain small
amounts of used oil) that has been
recovered from a refining facility's
hydrocarbon recovery or wastewater
treatment system is typically used as a
feedstock in petroleum refining to
produce more petroleum products. EPA
understands that used oil. generated
from routine refinery process operations
and that incidentally enters a refinery's
recovery or wastewater treatment
system (e.g., dnps. leaks, and spills from
compressors, valves, and pumps),
represents a small portion of the total oil
that enters (and is then recovered from)
the recovery or wastewater treatment
system. Thus, the oil recovered from the
system is more properly characterized
as crude feedstock than used oil.
Provided the used oil is inserted into
the petroleum refining process. EPA
believes thai regulation under part 279
standards is unwarranted. This
exemption from the part 279 standards
does not extend to used oil which is
intentionally introduced into a
petroleum refinery's recovery or
wastewater treatment system (e.g.
pounng collected used oil into any pan
of the hydrocarbon recovery system,
storm or process sewer system or into
wastewater treatment units). Used oil
may not be introduced to the refinery's
hydrocarbon recovery or wastewater
treatment system as a way to avoid
meeting the conditions specified in
§279.10(g)(4}
For the purposes of the exemption in
today's rule, the examples cited in the
existing de mininus wastewater
° -elusion (§279.10(f)) provide guidance
on what types of releases to a refinery's
hydrocarbon recovery or wastewater
treatment system would be considered
"routine" or "incidental". The
exemption is intended to cover losses
from dnppage, minor spillage, etc., that
cannot be reasonably avoided. For
example, used oil that ho* been
collected from equipment or vehicle
maintenance activities and intentionally
introduced into a refinery's wastewater
treatment system would not be exempt
under § 279.1(g)(5) from the part 279
standards once recovered. Similarly.
used oil that is generated off-site and is
brought to the refinery may not be
added to any portion of the refinery's
wastewater treatment system (i.e.,
process sewer, storm sewer, or
wastewater treatment units), and still be
exempt under § 279.10(g)(5) once
recovered: such oil is clearly not
"incidentally captured" by the
refinery's wastewater treatment system.
In fact, unless specifically exempted
under § 279.10(g)(2) or $ 279.10(g)(3) of
today's rule, this type of activity would
meet the definition of used oil
processing under the existing used oil
management standards (see 40 CFR
279 1)
Today's rule does not preclude
intentional introduction of used oil in to
the facility's recovered oil tanks. EPA is
aware that used oil from both on- and
off-site is often added directly to the
petroleum refining facility's recovered
oil tanks. Mixtures of used oil and
recovered oil that contain greater than
1% used oil are regulated as used oil.
Mixtures of used oil and recovered oil
that contain less than 1% used oil and
are inserted into the petroleum refining
process pnor to crude distillation or
catalytic cracking are exempt from the
part 279 used oil management standards
under §279.10(gJ(2) Mixtures of used
oil and recovered oil that contain less
than 1% used oil and are inserted into
the petroleum refining process after
crude distillation or catalytic cracking
are exempt from the part 279 standards
(under § 279.10(g)(4)) only if the used
oil meets the used oil specification prior
to mixing with recovered oil.
6. Section 279.lO(g)(6)—Slock Tank
Bottoms
Section 279.10(g)(6) of today's rule
exempts tank bottoms from stock tanks
containing exempt mixtures of used oil
and crude oil from the part 279
standards. Like the actual mixtures of
used oil and crude oil, the bottoms from
these mixtures are expected to contain
insignificant amounts of used oil.
Therefore, the Agency does not believe
that the bottoms from tanks (or other
units) containing mixtures of used oil
and crude oil should be subject to the
used oil management standards. The
tank bottoms are subject to all other
applicable requirements, i.e., the
§ 262.11 requirement to determine if-
they are hazardous waste.
D. Used Oil Transportation
Section 279.1—Definition of Transfer
Facility
Today's rule revises the definition of
transfer facility to allow used oil to be
held at a location (i.e., a transfer facility)
temporarily prior to activities that are
not subject to the processor standards as
a result of today's rulemaking. In the
September 10,1992 final rule, a transfer
facility was defined as a transportation-
related facility where shipments of used
oil are held for more than 24 hours but
less than 35 days during the normal
course of transportation. Today's rule
expands that definition to allow used oil
to be held for more than 24 hours but
less than 35 days during the normal
course of transportation or prior to an
activity performed pursuant to
§27920fbn2) Lnder the amended
definition, as discussed below in section
F of this preamble, a site to which used
oil from oil-beanng electrical
transformers is transported for filtering
pnor to reuse would be considered a
transfer facility under today's definition.
E Section 279 20(b)(2l(ii}—Used Oil
Processing by Generators and Transfer
Facilities
Since the promulgation of the
September 10,1992. Used Oil
Management Standards, a number of
parties have raised concerns regarding
the definition of used oil processor and
the types of activities that are covered
by that definition. The commenters are
concerned that a broad construction of
the term processor inappropriately
includes a number of very basic en-site
generator activities that the Agency did
not intend to regulate under the used oil
processor standards (e g.
reconditioning/maintenance to extend
the life of used oil. separation of used
oil from wastewater discharge, etc.).
EPA agrees that activities such as these.
when performed by the generator, were
not intended to be covered under the
used oil processor standards because
used oil processing is not their primary
purpose, as explained below in greater
detail. In fact, too broad an
interpretation of the processor
definition may discourage
environmentally beneficial recycling
and waste minimization activities by
imposing an unwarranted regulatory
burden on owners and operators that
EPA did not intend to regulate as used
oil processors.
Therefore, today's rule revises the
used oil management regulations to
clarify the Agency's intent regarding the
definition of a used oil processor by
specifying those on-site maintenance.
filtering, and separation activities that
are not. and were not intended to be
subject to the used oil processing
standards. Under today's rule.
generators > who only handle used oil in
a manner specified under
§ 279.20(b)(2)(ii) are not processors
provided that the used oil is generated
on-site and is not being sent directly off-
site to a burner of on- or off-
specification used oil fuel. (Section
279.20(b)(2)(ii) also applies to collection
< A UMd oil generator ii uy pcrton. by til*.
whoM ect or pracMt producee tutd ailor who**
•ct flnt cevuee iued ail to become subject la
regulation*. Far maple, genenion include *ll
penau tad busiottMt who produce uwd oil
through conmtrdil or laduuiil opendant end
vehicle euvlcw. including gcrenuneat «g*nde>.
tod/or penone ud buemeiiei who collect ueed oil
bom Douecholdi ud "do-il-younelT oil ebugee.
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10556 Federal Register / Vol. 59. No 43 / Friday, March 4. 1994 / Rules and Regulations
centers and aggregation points since
these entities are regulated as
generators)
Activities that EPA did not intend to
include under the definition of used oil
processor are described below. EPA
does not believe that the activities
identified in § 279 20(b)(2)(n) should be
subject to the used oil processor
standards because used oil processing is
not the primary purpose of these
activities i.e.. the primary purpose of
these activities is not to produce from
used oil or to make it more amenable for
the production of used oil derived
products, and the Agency does not
expect these limited activities will pose
the same kinds of environmental
problems that may occur at processor
facilities. Instead, in these cases, the act
of mixing, filtering, separating, draining
etc.. used oil by the generator
constitutes a basic step that is incidental
or ancillary to a primary activity which
is distinct from used oil processing. It is
important to note, however, that owners
or operators who generate used oil as a
result of any of the activities specified
in § 279.20(b)(2)(ii) are considered used
oil generators and are subject to the
generator standards in subpart C.
EPA is allowing on-site but not off-
site burning of used oil generated from
designated on-site activities because the
Agency believes that this approach best
enables EPA to strike a reasonable
balance between encouraging beneficial
on-site reuse and recycling activities
that should pose very limited risks, on
one hand, and ensuring that activities
undertaken primarily to make used oil
more amenable for burning (i.e., used oil
processing) are adequately controlled
under the more stringent used oil
processing standards.
The definition of a used oil processor
is based on the purpose for which used
oil is being filtered, separated, or
otherwise reconditioned (i.e., whether
the activity is designed to produce used
oil derived products or to make used oil
more amenable for the production of
used oil derived product*). The Agency
is concerned that in situations where
used oil is being filtered, separated or
otherwise reconditioned and then sent
to off-site burners, the purpose of the
activity may prove difficult to discern
and that consequently. § 279.20(b)(2)(ii)
provisions may be used as a means to
avoid compliance with the used oil
processor standards (i e.. by persons
who claim not to be used oil processors
under the § 279.20(b)(2)(ii) provisions
but whose primary purpose is to make
the used oil more suitable for burning).
Therefore. EPA believes it is necessary
to adopt an objective measure of the
purpose of the activity. The Agency
believes that a prohibition against
sending used oil generated from
specified on-site activities to off-site
burners provides the most practical and
effective way to ensure that activities
undertaken only to make used oil more
amenable for burning are subject to the
used oil processor standards.
1 Definition of Used Oil Processor
(A) Reconditioning used oil before
returning it for reuse by the generator
Under today's rule facility owners or
operators who clean, separate, or
otherwise recondition used oil
generated on-site and then reuse it are
not considered used oil processors,
provided that the reconditioned used oil
is being reused by the owner or operator
who generated it. Examples of activities
covered under this category include
filtering of metalworking fluids for
reuse, and filtering and then replacing
oil from oil-bearing transformers and
turbines during routine maintenance.
Most manufacturing facilities have in
place central filtration systems designed
to remove contaminants from and
extend the life of water-soluble metal
working fluids (e.g.. lubricants and
coolants), used in machining, grinding,
and boring equipment. These filtration
systems are on-site systems that filter
chips, metal fines, dirt, water, and other
contaminants from cutting fluids.
drawing lubricants and coolants used in
machining operations. The filtration of
these extraneous materials is designed
to extend the life of the reusable
coolants and lubricants and is
incidental to the production process.
Today's rule clarifies that this type of
filtration activity is not subject to the
used oil processing standards when the
generator reuses the filtered oil.
Similarly, during regularly scheduled
maintenance of oil-bearing transformers
and turbines, the oil in the electrical
equipment is removed so that repairs/
maintenance can be performed. In some
instances, the oil is filtered prior to
replacement. The filtering of the used
oil is done to extend the life of the used
oil. not because the oil is no longer
useful, and is therefore ancillary to the
equipment repair and maintenance.
While, under today's rule, the owner or
operator would not be considered a
processor in these cases, the draining of
the used oil from the transformer
constitutes generation of used oil so that
the facility would be considered a used
oilgenerator.
The Agency is aware that not all used
transformer oil is drained and filtered in
the field. Instead, the oil-bearing
electrical equipment may be transported
to a central location where the oil is
removed, filtered, and replaced. Or. the
used oil may be removed from the
transformers or turbines in the field and
then transported separately in a tanker
truck to a central location where it is
filtered and put back into electrical
equipment. Under today's rule, in cases
where electrical equipment containing
used oil is transported to a central
location, the transporter of the oil
bearing electrical equipment would not
be considered a used oil transporter.
However, the owner or operator would
become a generator at the point at which
the used oil is drained from the
equipment (i.e., at the site where the oil
is drained and filtered).
In cases where the used oil is
removed from the transformers or
turbines in the field and then
transported separately in a tanker truck
to a central location for filtering pnor to
replacement into electrical equipment.
the owner or operator would become a
generator in the field (i e.. at the point
at which the used oil is drained). The
person who then transports the used oil
would also be considered a used oil
transporter subject to the transporter
standards. In these cases, the location at
which the used oil is filtered would be
considered a used oil transfer facility
subject to the transfer facility standards
in § 279.45. provided that the used oil
is stored at the site for more than 24
hours and less than 35 days. If the used
oil is filtered within 24 hours of being
drained (i.e.. during transport) only the
part 279 standards for used oil
transporters would apply. This filtering
activity should not raise the land of
environmental concerns that would be
present at used oil processors;
essentially, the filtering is incidental to
the transportation and storage and
should not change a facility's regulatory
status. As discussed in more detail
below, today's rule provides that
transporters of used oil that is removed
from electrical transformers and
turbines and filtered by the transporter
or at a transfer facility prior to being
returned to the same use are not subject
to the processor or re-refiner
requirements in subpart F. In
accordance with $ 279.10(e). once the
used oil has been reclaimed to the point
when it is ready for reuse without
further processing, it is not subject to
regulation as used oil.
IB) Separating used oil from
wastewater to make wastewater
acceptable for discharge or reuse.
Today's rule clarifies that oil/water
separation activities designed to make
wastewater acceptable for discharge or
reuse are not subject to the used oil
processor standards. Facilities often use
oil/water separators to remove oil
(which may contain used oil) from oil/
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Federal Register / Vol 59, No 43 / Friday. March 4. 1994 / Rules and Regulations 10557
water mixtures collected from the
facility's storm sewer, process sewer.
sumps and other waslewaler
containment areas These separation
systems use chermcaJ and physical
methods to break the oil/water emulsion
and recover oil from the wastewater in
order to make the wastewater or storm
water acceptable for discharge or reuse
in compliance with local, state and
federal regulations.
This type of pretnatmeat of
wastewater containing oil is designed
primarily to ensure that the wastewater
meets established limits for water
discharge to streams and POTWs. and
not to produce used oil derived
products or to make used oil more
amenable for the production of used oil
derived products. This type of oil/water
separation activity is therefore not
subject to the used oil processor
standards as clarified under today's
rule. It should be noted, however, that
any used oil recovered from separator
units would be subject to the used oil
generator standards It is also important
to note that this provision applies only
to used oil that is generated on-site. The
provision would apply, for example, to
simple oil water separation activities
conducted (for purposes of wastewater
discharge] by a used oil processor on
wastewater which has been generated
by that processor. However, persons
who perform oil/water separation
ictivities on oily wastewater received
from off-site would be considered used
oil processors.
1C) Using oil mist collectors to remove
droplets of used oil from in-plant air to
make plant air suitable for continued
recirculation. As clarified under today's
rule, the act of removing used oil from
ambient air in the workplace is not
subject to the used oil processor
standards. At manufacturing facilities.
droplets of used otl from machining
operations are often dispersed into in-
plant air Oil mist collectors physically
remove the small droplets of oil present
in the ambient air This activity is not
subject to the used oil processing
standards because it is intended
primarily to make plant air suitable for
continued recirculation and not to
produce products from used oil or to
make it more amenable for the
production of used oil derived products.
However, the oil removed from oil mist
collectors is subject to the used oil
generator standards.
(D) Removing used oil from materials
containing or otherwise contaminated
ith used oil in order to remove
cessive oil. Under § 279.10(c) of the
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10558 Federal Register / Vol 59. No 43 / Friday. March 4. 1994 / Rules and Regulations
performed pursuant to the part 279
standards as a result of today's
rulemaking. Under today's revised
definition, used oil can be held at a
transfer facility for more than 24 hours
but less than 35 days prior to an activity
and performed pursuant to
§ 279.20(b)(2). As a result of this change.
a site where used oil that has been
drained from oil-beanng transformers
and turbines is held for more than 24
hours and less than 35 days prior to
being filtered for reuse would be
considered a transfer facility.
G. Section 279.46— Tracking Today's
rule revises the § 279.46 tracking
requirements as they apply to rail
transporters. Under amended § 279.46. a
signature is not required on records of
acceptance or records of delivery of
used oil shipments that are exchanged
between rail transporters. The Agency is
making this change in response to
comments submitted by the railroad
industry regarding the impracticability
of requiring signed receipts when used
oil is transferred from one rail
transporter to another. EPA is aware that
rail cars are typically transferred from
one railroad company to another
without the face-to-face contact that
occurs in. for example, the motor carrier
industry. The Agency also recognizes
that, unlike non-rail transporters.
railroads rely on sophisticated
electronic tracking and information
systems for recording rail-to-rail transfer
of cargo. Given these unique
circumstances, and in light of the fact
that 40 CFR 263.20(f) regulations for
hazardous waste transporters do not
include signature requirements for
intermediate rail carriers. EPA agrees
that the signature requirements are
unduly burdensome and unnecessary
when applied to intermediate used oil
rail transporters. EPA is therefore
revising the used oil regulations to
eliminate the § 279.46 signature
requirements between intermediate rail
carriers.
H. Corrections to the Regulatory
Language
1. Requirements for Enforcement
Authority
The Agency published a correction
notice on May 3.1993. which amended
several sections of the part 279 used oil
management standards that were
originally promulgated on September
10.1992. In the May 3.1993. correction
notice. EPA incorrectly amended
regulatory § 271.16. that addressed the
requirements for States to have adequate
criminal enforcement authority for
hazardous waste. EPA amended the
regulation to include enforcement
authority for used oil handlers that
manage used oil incorrectly, but EPA
inadvertently deleted from § 271 16
enforcement authority for the improper
management of hazardous waste.
Therefore, today's rule corrects this
section to include enforcement
authority for the improper management
of both hazardous waste and used oil.
2 Rebuttable Presumption
The final used oil regulations
published on September 10.1992. allow
persons to rebut the presumption that
used oil containing more than 1.000
ppm total halogens is a hazardous waste
by using an analytical method from
SW-846. Third Edition, to show that the
used oil does not contain hazardous
waste. In the regulations, the Agency
provided information on the cost of
SW-846. Edition III and how to obtain
it However, the Agency misquoted the
cost of the document. The actual cost
was S319.00 rather than $110.00 as
quoted throughout the September 10.
1992. regulations. To avoid having to
amend the regulations as a result of
future changes in the cost of the
document, the Agency is deleting
reference to the cost of SW-846. Edition
III from the used oil regulations.
3. Characteristic Hazardous Waste
Today's rule revises § 279.10(b)(2)(iii)
by deleting reference to the listing status
(under part 261. subpart D) of a
hazardous waste that is mixed with
used oil. This change is necessary to
correct a contradiction in the
regulations regarding applicability of
the used oil management standards to
mixtures of used oil and hazardous
waste that is listed in subpart D solely
because it exhibits one or more of the
characteristics of hazardous waste
identified in subpart C. In technical
corrections to the used oil management
standards published on May 3.1993, (57
FR 26420). EPA amended § 279.10(b)(2)
to correct an error in the September 10.
1992. standards regarding how these
mixtures are regulated. At that time.
conforming changes should have been,
but were not made to § 279.10(b)(2)(iii).
As amended by today's rule.
§ 279.10(b)(2)(iii) correctly provides that
mixtures of used oil and hazardous
waste that solely exhibits one or more
hazardous waste characteristic and
mixtures of used oil and hazardous
waste that is listed in subpart D solely
because it exhibits one or more subpart
C hazardous characteristics are
regulated as used oil if the mixture is of
used oil and a waste which is hazardous
solely because it exhibits the
characteristic of ignitabiliry and the
resultant mixture does not exhibit the
characteristic of igmtability
IV. SUte Authorization
As explained in the preamble to the
May 3.1993. Technical Correction to
the September 10.1992. rule. EPA is
treating the majority of the final used oil
management standards in the same
manner as "non-HSWA" Subtitle C
requirements. The used oil management
standards became effective on March 8.
1993. only in those States and
Temtones that do not have RCRA base
program authorization and on Indian
lands. States are required to revise their
Subtitle C base programs to adopt the
new used oil requirements (including
those promulgated in today's rule) by
July 1. 1994. or by July 1. 1995. if a
statutory change is necessary See 58 FR
26420 and 57 FR 41605
Authorized States are only required to
modify their programs when EPA
promulgates Federal standards that are
more stringent or broader in scope than
the existing Federal standards. Section
3009 of RCRA allows States to impose
standards more stringent than those in
the Federal program. For those Federal
program changes that are less stringent
or reduce the scope of the Federal
program, States are not required to
modify their programs. See 40 CFR
271.1(k)- Except for the amendments
made to § 279.20(b). the standards
promulgated today are less stringent
than or reduce the scope of the existing
Federal requirements. The amendments
made to $ 279.20(b) merely provide
clarification of the existing used oil
regulations and are therefore not
considered to be less stringent than the
current Federal program. Therefore,
with the exception of the provisions
added at §279.20(b)(2)(i). authorized
States would not be required to modify
their programs to adopt requirements
equivalent to or substantially equivalent
to the provision listed above.
V. Executive Order 12866
Under Executive Order 12866. 58 FR
51735 (October 4,1993) the Agency
must determine whether the regulatory
action is "significant" and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of SI00
million or more or adversely affect in t
material way the economy, a sector of
the economy, productivity, competition.
jobs, the environment, public health or
safety, or State, local, or tnbal
governments or communities;
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Federal Register / Vol 59, No 43 / Friday, March 4. 1994 / Rules and Regulations 10559
(2) Create a senous inconsistency or
otherwise interfere with an action taken
or planned by another agency:
(3) Materially alter the budgetary
impact of entitlements, grants, user fees.
or loan programs or the rights and
obligations of recipient thereof: or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the "Executive Order."
OMB has exempted this regulatory
action from E.O. 12866 review.
VI. Paperwork Reduction Act
The reporting and recordkeeping
requirements of part 279 have been
approved by OMB and generally
assigned the control number 2050-0124
(See 58 FR 34374 (June 25.1993)).
which remains in effect. As today's rule
does not impose any new such
requirements, a separate information
collection request was not prepared.
VH. Regulatory Flexibility Act
Today's rule does not impose any new
regulatory requirements, and indeed.
decreases the costs of compliance for a
number of facilities. I therefore certify
that today's rule will not have a
significant impact or a substantial
number of small entities.
vm. Administrative Procedures Act
Today's rule takes final action on
EPA's 1985 and 1991 proposals to
exempt used oil inserted into primary
refining processes from the used oil
management standards. EPA did not
address these issues in its September 10.
1992. final rule, and therefore those
proposals remained outstanding until
today's rule. Since these issues were
fully addressed in those proposals.
further public comment on today's rule
is unnecessary. The other changes being
made in today's rule either correct
errors or clarify the language contained
in the September 10.1902 rule. No
comment is necessary on these
provisions.
List off Subjects
40 CFR Part 271
Environmental protection.
Administrative practice and procedure.
Confidential business information.
Hazardous materials transportation.
Hazardous waste, Indians—lands.
Intergovernmental relations. Penalties.
Reporting and recordkeeping
requirements. Water pollution control.
Water supply.
40 CFR Part 279
Petroleum, Recycling. Reporting and
recordkeeping requirements. Used oil.
Dated February 25 1994
Carol M. Browner,
Administrator
For the reasons set out in the
preamble, title 40. chapter 1 of the Code
of Federal Regulations is amended as
fallows.
PART 271-REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
1. The authority citation for part 271
continues to read as follows:
Authority: 42 U S C. 6905.6912(a), and
6926.
2. Section 271.16 is amended by
revising paragraph (a)(3)(ii) to read as
follows:
1271.16 Requirements for enforcement
authority.
(a)' ' '
(3)' • '
(ii) Criminal remedies shall be
obtainable against any person who
knowingly transports any hazardous
waste to an unpennitted facility: who
treats, stores, or disposes of hazardous
waste without a permit; who knowingly
transports, treats, stores, disposes.
recycles, causes to be transported, or
otherwise handles any used oil
regulated by EPA under section 3014 of
RCRA that is not listed or identified as
a hazardous waste under the state's
hazardous waste program in violation of
standards or regulations for
management of such used oil: or who
makes any false statement, or
representation in any application, label.
manifest, record, report, permit or other
document filed, maintained, or used for
purposes of program compliance
(including compliance with any
standards or regulations for us*d oil
regulated by EPA under section 3014 of
RCRA that is not listed or identified as
hazardous watts). Criminal fines shall
be recoverable in at least the amount of
$10,000 par day for each violation, and
imprisonment for at least six months
shall be available.
PART 279-STANDARDS FOR THE
MANAGEMENT OF USED OIL
3. The authority citation for part 279
continues to read as follows:
Authority: Sections 1006. 2002(i). 3001
through 3007.3010.3014. and 7004 of the
Solid Wajtt Disposal Act. u amended (42
U.S.C 6909. 6912W. 6921 through 6927.
6930.6934. and 6974); and »ectiou 101(37)
and 114(c) of CERCLA (42 U S.C 9601(37)
and 9614(cl).
4. In $ 279.1 the definition of
"Petroleum refining facility" is added in
alphabetical order and the definition of
'Used oil transfer facility" is revised to
read as follows.
§279.1 Oenniuona.
e • • e •
Petroleum refining facility means an
establishment primarily engaged in
producing gasoline, kerosine. distillate
fuel oils, residual fuel oils, and
lubricants, through fractionation.
straight distillation of crude oil.
redistillation of unfinished petroleum
derivatives, cracking or other processes
(i.e.. facilities classified as SIC 2911).
• » • • •
Used oil transfer facility means any
transportation related facility including
loading docks, parking areas, storage
areas and other areas where shipments
of used oil are held for more than 24
hours and not Longer than 35 days
during the normal course of
transportation or pnor to an activity
performed pursuant to § 279.20(b](2).
Transfer facilities that store used oil for
more than 35 days are subject to
regulation under subpart F of this part.
1279.10 (Amended]
5. Section 279.10(b)(l)(ii) is amended
by removing the phrase "for the cost of
$110.00."
6. Section 279 10 is amended by
revising paragraphs (b)(2)(iii) and (gj to
read as follows:
1279.10 Applicability.
• * * • •
(b)' • '
(2)' • •
(iii) Regulation as used oil under this
part, if the mixture is of used oil and a
waste which is hazardous solely
because it exhibits the characteristic of
ignitability (e.g.. ignitable-only mineral
spirits), provided that the resultant
mixture does not exhibit the
characteristic of ignitability under
§ 261.21 of this chapter.
• • • • •
(g) l/sed oil introduced into crude oil
pipeline! or a petroleum nfining
facility. (1) Used oil mixed with crude
oil or natural gas liquids (e.g., in a
production separator or crude oil stock
tank) for insertion into a crude oil
pipeline is exempt from the
requirements of this part. The used oil
is subject to the requirements of this
part pnor to the mixing of used oil with
crude oil or natural gas liquids.
(2) Mixtures of used oil and crude oil
or natural gas liquids containing less
than 1% used oil that are being stored
or transported to a crude oil pipeline or
petroleum refining facility for insertion
into the refining process at a point prior
to crude distillation or catalytic cracking
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10560 Federal Register / Vol 59. No 43 / Friday. March 4. 1994 / Rules and Regulations
ire exempt from the requirements of
Jits part
(3) Used oil that is inserted into the
petroleum refining facility process
before crude distillation or catalytic
cracking without pnor mixing with
crude oil is exempt from the
requirements of this part provided that
the used oil constitutes less than 1% of
the crude oil feed to any petroleum
refining facility process unit at any
given time. Pnor to insertion into the
petroleum refining facility process, the
used oil is subject to the requirements
of this part
(4) Except as provided in paragraph
(g)(5) of this section, used oil that is
introduced into a petroleum refining
facility process after crude distillation
or catalytic cracking is exempt from the
requirements of this part only if the
used oil meets the specification of
§ 279.11 Prior to insertion into the
petroleum refining facility process, the
used oil is subject to the requirements
of this part.
(5) Used oil that is incidentally
captured by a hydrocarbon recovery
system or wastewater treatment system
as part of routine process operations at
a petroleum refining facility and
inserted into the petroleum refining
facility process is exempt from the
requirements of this part. This
xemption does not extend to used oil
/hich is intentionally introduced into a
lydrocarbon recovery system (e.g.. by
pouring collected used oil into the
waste water treatment system]
(6) Tank bottoms from stock tanks
containing exempt mixtures of used oil
and crude oil or natural gas liquids are
exempt from the requirements of this
part.
• • • • •
7 Section 279.20 is amended by
revising paragraph (b)(2) to read as
follows'
§279.20 Applicability.
• • * • •
(b) ' ' •
(2) (i) Except as provided in paragraph
fb)(2)(u) of this section, generators who
process or re-refine used oil must also
comply with subpart F of this part.
(n) Generators who perform the
following activities are not processors
provided that the used oil is generated
on-site and is not being sent off-site to
a burner of on- or off-specification used
oil fuel.
(A) Filtering, cleaning, or otherwise
reconditioning used oil before returning
it for reuse by the generator:
(B) Separating used oil from
wastewater generated on-site to make
the wastewater acceptable for discharge
or reuse pursuant to section 402 or
section 307(b) of the Clean Water Act or
other applicable Federal or state
regulations governing the management
or discharge of wastewaters:
(C) Using oil mist collectors to remove
small droplets of used oil from in-plant
air to make plant air suitable for
continued racirculation;
(D) Draining or otherwise removing
used oil from materials containing or
otherwise contaminated with used oil in
order to remove excessive oil to the
extent possible pursuant to §279.10(c);
or
(E) Filtering, separating or otherwise
reconditioning used oil before burning it
in a space heater pursuant to § 279.23.
• * • • •
8. Section 279.41 is amended by
adding paragraph (c) to read as follows:
i 279.41 Restriction* on transporter* who
an not aJ*o proceaaora or rt-rtflnw*.
• « • • •
(c) Transporters of used oil that is
removed from oil bearing electrical
transformers and turbines and filtered
by the transporter or at a transfer facility
pnor to being returned to its onginal use
are not subject to the processor/re-
refiner requirements in subpart F of this
part.
§279.44 [Amended]
9 Section 279 44(c) introductory text
is amended by removing the phrase "for
thecostofSlio.OO."
10. Section 279.46 is amended by
revising paragraphs (a](S) and (b)(5) to
read as follows:
§279.46 Tracking.
• » • • t
(a)' • '
(5] (i) Except as provided in paragraph
(a)(5)(ii) of this section, the signature.
dated upon receipt of the used oil. of a
representative of the generator.
transporter, or processor/re-refiner who
provided the used oil for transport.
(ii] Intermediate rail transporters are
not required to sign the record of
acceptance.
(b)' • -
(5) (i) Except as provided in paragraph
(b)(5)(ii) of this section, the signature.
dated upon receipt of the used ofl. of a
representative of the receiving facility or
transporter.
(ii) Intermediate rail transporters are
not required to sign the record of
delivery.
§279.53 [Amondod]
11. Section 279.53(c) introductory text
is amended by removing the phrase "for
the cost of $110.00."
f 279.63 [Amondod]
12. Section 279.63(c) is amended by
removing the phrase "for the cost of
$110.00."
IFR Doc. 94-4818 Filed 3-3-44. 8:45 am]
-------
Federal Register / Vol. 58. So 115 ' Thursday. Me 17. 1993 / Rules and Regulations 33341
therefore, subject to the RACT
correction requirement. Indiana's SIP
revision request which it submitted in
response to the SIP call letter, also
responds to part of the RACT correction
requirement.
On April 10.1989, the IDEM
submitted a new rule, Title 326 of the
Indiana Administrative Code (326 IAC]
8-2-13. Marine Vessel Surface Coating.
This new rule applies to only one
source, leffboat. located in Clerk
County. Indiana which is designated
nonattainnunt for ozone and classified
as a moderate nonattainment area. 326
IAC &-2-13 was developed in response
to USEPA's May 26.1988. SIP call
tetter
USEPA proposed to disapprove the
requested SIP revision on February 24.
1993, (see 58 FR 11200) because of the
State's failure to demonstrate that the
rule represents RACT for Jeffboat. The
public comment penod on the proposed
rule closed on April 26.1993 No
comments were received in response to
USEPA's solicitation of comments on
the requested SIP revision and the
proposed rulemaking action.
Final Rulemaking Action
' 'SEPA is disapproving this rule,
Marine Vessel Surface Coaling [326 IAC
8-2-13). because the State has not
adequately demonstrated that the rule
represents RACT for Jeffboat. Therefore,
the rule does not meet the requirement
under section 182(a}(2)(A) of the Act
that Indiana correct that rule so that it
meets the RACT requirement of section
172 of the Act aa amended in 1977. This
action becomes effective July 19.1993.
This action has been classified as a
Table 3 action by the Regional
Administrator under the procedures
published in the Federal Register on
January 19.1989 (54 FR 2214-2225}. On
January 6,1989. the Office of
Management and Budget (OMB) waived
Table 2 and 3 SIP revisions (54 FR 2222)
from the requirements of Section 3 of
Executive Order 12291 for a period of 2
years. USEPA has submitted a request
for a permanent waiver for Table 2 and
3 SIP revisions. OMB has agreed to
continue ihe temporary waiver until
such time as it rules on USEPA's
-ru"» i a e*
Under the Regulatory Flexibility Act.
5 U S C. 600 er seq. USEPA must
prepare a regulatory flexibility analysis
assessing the impact of any proposed or
final rule on small entities. S U.S C. 603
and 604. Alternatively. USEPA may
certify that the rule will not have a
significant Impact on a substantial
number of small entities. Small entities
include small businesses, small not-far*
profit enterprises, and government
entities with jurisdiction over
populations of less than 50.000
This disapproval affecte only one
source. Jeffboat. Therefore, it does not
have a significant impact on a
substantial number of small entities
The request does not meal the
requirements of the CAA and USEPA
cannot approve the request. Therefore.
USEPA has no option but to disapprove
the submittal.
Under Executive Order 12291, today's
action is not "Major".
Lift of Subjects in 40 CFB Part 52
Air pollution control. Hydrocarbons.
Intergovernmental relations. Ozone.
Volatile organic compounds.
Authority: 42 U SC. 7401-7671q
Dated June 3,1993
Valdas V. Adaakus,
Regional Administrator
[FR Doc 93-14252 Filed b-l&-93. 8 45 am]
aiLUNo coee mo «o f
40 CFR Part 279
(FAl-4667-e)
tdentffleatlon and Ustir-j ot Hazardous
Waste; Recycled Used Oil Management
Standards; Correction
AGENCY: Environmental Protection
Agency.
ACTION: Final rule correction.
f. The Environmental Protection
Agency (EPA) is correcting errors in the
hazardous waste regulations that
appeared in the Federal Register on
May 3. 1993 (58 FR 26420). In that
document. EPA published corrections to
the used oil management standards that
were originally promulgated on
September 10. 1992 (57 FR 41566). In
the May 3 notice. EPA inadvertently
amended several sections of part 279
dealing with notification requirements
for used oil handlers This action
corrects this error and restores the
original language from the September
10. 1992 final rule, tn addition. EPA
inadvertently omitted the explanation
fora correction in the May 3 notice.
This action corrects this error
e UAI c. |ui.o »., i^aj
ran RIHTMEU eiFOfUMTiON CONTACT: For
general information, contact the RCRA/
Superfund Hotline it (800) 424-0346
(toll-free) or (703) 920-9810 in the
Washington. DC metropolitan area. For
specific information concerning the
used oil management standards
ruiemaking. contact Ms. Eydie Pines at
(202) 260-3509 or Bryan Grace at (202)
260-9550. Office of Solid Waste. U.S.
EPA. 401 M Street. SW . Washington.
DC. 20460
SUPPLEMENTARY INFORMATION:
I. Reason for This Document
The Agency promulgated
management standards for recycled
used oils on September 10.1992 (57 FR
41566) and published a subsequent
correction notice on May 3,1993 (58 FR
26420). In the correction notice, EPA
inadvertently amended four regulatory
sections of Part 279 dealing with
notification requirements for certain
used oil handlers. Specifically, the
correction notice revised paragraph (a)
of §5 279.42.279.51. 279.62. and 279 73
These amendments were mistakenly
included in the correction notice; the
Agency did not intend to change these
provisions. Therefore, today's notice
corrects these four sections and restores
tbe original language contained in Ihe
September 10 final rule.
In the May 3 notice. EPA also
inadvertently omitted the explanation
for one of the corrections clarifying the
applicability of the part 279 regulations
to on-specification used oil. This
correction included tbe removal of the
last sentence of $ 279.72 fa). This
sentence, originally placed in subpad H.
Standards for Used Oil Marketers.
establishes that on-specification used oil
"that is to be burned for energy recovery
is not subject to the requirements of this
part." EPA was concerned that this
provision might be unclear in light of
the more complete explanation of the
applicability of these regulations to on-
specification used oil found in §279.11
The final sentence of § 279.11 reads as
follows: "Once the used oil that is to be
burned for energy recovery has been
shown not to exceed any specification
and the person making that .showing
complies with §§ 279.72,279.73, and
279 74(b). the used oil is no longer
subject to this part." EPA therefore
removed the sentence in S 279.7Z(a) to
avoid any confusion about the
applicability of the Part 279 regulations
to on-specification used oil.
U. Administrative Procedures Act
Requirements
This action does not create anv new
rnyiuaiory requuuiuaiiia. inmcu. »
reinstates existing language that was
inadvertently'changed by the Agency in
a correction notice and restores an
inadvertently omitted explanation. For
this reason. EPA finds that good cause
exists under section 30lO(b){3) of RCRA
(42 U.S.C. 6930(b)(3)) and under 5
U.S.C. 553(d) to provide for an
immediate effective date. EPA also
believes good cause exists to waiva the
-------
>3342 Federal RaysaBT / VuL 58. No. 115 / Thursday. June 17. 1993 / Rule* and Regulations
notice and comment requirement* of the
APA. As this rule merely cotracU errors
in a previous final rule, notice and
comment are unnecessary.
HI. Regulatory Impact Analysis
Undar Executive Order 12281, ETA
must judge whether a regulation la
"major" and. therefore, subject to the
requirement of a Regulatory Impact
Analysis (RIA). Due to the nature of this
regulation (correction notice), the
amendment is not "major;" therefore, no
RIA is required.
List of Subjects la «9 CFR Part 279
Petroleum, Recycling, Reporting and
recordkeeping requirements, Uaed oil.
Dated: May 28.1993.
Ridkers'J. GatflMoali
Auatatt Surgson General. VSPHS Acting
AaiHunt Admintttnter.
The following corrections an made to
the rules in. Identification and Listing of
Hazardous Waste; Recycled Used Oil
Management Standards; Corrections,
published in the Federal Register on
May 3.1993 (58 FR 26420).
PART 279—STANDARDS FOR THE
MANAGEMENT OF USED OH.
1. The authority citation for part 279
continues to read as follow;
Authority: Sections 1008. 2002(s). 3001
through 3007.3010.3014. ud 7004 of the
Solid WWM OUpowl Act. M amended (42
US.C 6905, M12M. 6911 through 6«27,
6930.6934. and 6974): and sections 101(37)
and 114(c) ofCBROA (42 U.S.C 9801(37)
and 9B14(c)).
2. Paragraph (a) of $ 279.42 to revised
to read as follows:
•279L42
(a) Identification numbers. Used ail
transporters who have not previously
complied with the notification
requirements of RCRA section 3010
must comply with theee requirement*
and obtain an EPA {denttficatioa
number.
• • • • •
3. Paragraph (a) of $ 279J1 is revised
to read as follows:
1279.51 Matffieettoa
(a) Identification numbers. Used oil
processors and re-refiners who have not
previously complied with the
notification requirements of RCRA
section 3010 must comply with these
requirements and obtain an EPA
identification number.
4. Paragraph (a) of § 279.62 is
to reed as follows:
1279.63
(a) Identification numbers. Used oil
burners which h^ve not previously
complied with the notification
requirements of RCRA section 3010
must comply with theee requirements
and obtain an EPA identification
number.
• • • • •
5. Paragraph (a) of $ 279.73 ia revised
to read as follows:
1279.73 NotMcsHeo.
(a) Identification numbers. A used oil
fuel marketer subject to the
requirements of this aobpart who has
not previously complied with the
notification requirements of RCRA
section 3010 must comply with these
requirements and obtain an EPA
identification number.
requirements for sterilizations funded
under the various health programs
administered by the Department.
Included with the portion of the rules
pertaining to those programs
administered by the Public Health
Service (PHS), as part of (he appendix
to subpart B, was a copy of two
pamphlets one far woman, one for
men—explaining the stariliisjtian
procedure and its risks and benefits.
The pamphlets are not part of the
regulation and the removal of the text of
the pamphlets does not affect the
requirements and restrictions of the
regulations. As the preamble to the rules
explained, the pamphlets were
published with the rules for
informations)! purposes only!
Many of the particular {acts that coau&aata
suggested be required will generally fa*
IFR Doc. 93-14316 Piled 6-16-93. S.4S an] «»«* »«*•• Requiring that a rptdne pamphlet
—.— -——.-- be oeed would be analogous, so this
aajjsa coot mm m r suggertksa has lucawisabeaa rejected.
' Howeau. while the Depaiuueut Is not
Inclined to auadaw use of an lafonnaitoaal
pamphlat.it Is strongly of the view iaat
provision of a pamphUrt Is aa efficiaat tad
effective m«— of reinforcing the
Information rmjuind to be even iraBv. tt
also gives the individual to be itenUaad
information to consider during the wal
period. Consequently, II has developed
pamphlets eatttng out the general labn
required usdar f M.204(a) for male aad
Departawat plans to maka these pamphlets
geaetally available far uaa by praviden «ad
aoceurages Ihslr use. These pamphlets ara
published bllowlagthe rules below.
43 FR 52159. Jiownvwr. the pamphlets
have) continued to appear with ins
codification of the PHS rules from 1978
to the present; they do not appear with
Health Can Financing Adadatastha
(HCFA) rules at 42 CFR pert 441.
subpart F.
Numerous advances In infonnation
about sterilization procedures and the
effiactiveasMiifothevfBfnwefaasally
planning, as well as the davatopmant of
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Public Health Service
42 CFR Part 50
Assists* Family Planning Projects
AOENCV: Public Health Sen-ice. HHS.
ACTIO*: Final rule. _
SUMtAfflr: This final rule amends Public
Health Service regulations, which
govern the sterilization of parsons IB
federally assisted family punning
projects, by removing informational
material concerning sterilizations
contained in the appendix relating to
"Required Consent Form." The
Department had previously made this
form of pamphlets, but it has recently
updated the pamphlets, as much of thai
Information has become obsolete, and It
is no longer distributing the obsolete
versions of the pampheta.
WFECnvt o*Ti: This rule is effective
June 17. 1903.
FOB FUHTMEU SafOnaUTION COSfTaCT:
jumiiei o. tavior Acting uirector,
Office of Faicilv PUmnJng, Office of
Population Affairs. Office of the
Assistant Secretary (or Health. Hubert
K. Humpbrey Building, room 738-E.
200 Independence Avenue. SW_
Washington. DC 20201. telephone: (202)
690-6151.
SUPPLEMENT MY leXinaMTIOM. On
November 8. 1978. this Department
published u the Federal ftagistsr (43
FR 32146). final rules praacnbutg the
made mucn of the hiformsUos)
contained in the 1978 pasaphlsts
obsolete or Loaccunta. Consaqisaslly.
incorporate current information and to
dariry than and Is making the iwiieaJ
pamphlets available to the public.
(Copies of the revised pamphlets aasy be
obtained by writing the Family Lilt
mJbrmatioa Exchange, P.O. Box J72Qs\
Washington. DC 20013-7299. or by
calling 303-M5-6636.) Purthst. ths
Department will no longer distribute the
outdated version set out in the ipssssli
to subpart B of part 50. Thia resaUcs m
«n anomaloua situation in wtuci ih*
-------
26420 Federal Register / Vol. 58. No. 83 / Monday, May 3. 1993 / Rules and Regulations
-•lYIRONMENTAL PROTECTION
iENCY
-CFR Parts 261, 264, 265, 271, and
279
[EPA/6W-Z-93-004; Fffe-ttlt-T]
.RJN2060-AC17
Hazardous; Waata
Syatawi; Marttfflcsjtlon end UattatQ of
Hazardous Waste; Ftocystad Used OU
Management Standards
AGENCY: Environmental Protection
Agency.
ACTON: Final rule; technical
amendments and corrections.
SUMMARY: This action correct! several
technical errors and provides clarifying
amendments to the final recycled used
oil management standard* rule. The
fiaal rule was published on September
10. 1992 (57 FR 41566). This sedan also
cornets an error in the final used oil
rule published on May 20, 1992 (97 FR
21*24). These revisions provide
clarification and comet .i»
-------
Federal Register / Vol. 58. No. 83 / Monday. May 3. 1993 / Rules and Regulations 26421
In Table 1 of § 271.26, EPA notes that
there is no racodified provision in put
279 to correspond with the previous 40
CFR 26e.43(b)(4)(vl). The Agency
believes that the information required
under farmer $ 266.43(bM4)(vi). i.e., a
statement reading "This used oil is
subject to EPA regulation under 40 CFR
part 266," is unnecessary and
redundant Therefore, EPA has not
included this requirement In the new
used oil management standards.
Status ot
Before 3/8*3
AS of a/ana
Norveuthortod RCRA Baa* Pro-
gram.
Atdhonied RCRA Base Program
NoMuAortnd part 266 subpart
E.
Authorized ROTA Base Program
Auttiortzed part 266 eubpart E.
40 CfFI pert 266 eubpart E Feder-
40 CFR part 269 subpert E It
Federally enforceable,
40 CFR pert 266 eubpart E to
State enforceable.
40 CFR part 279 la FedenAy enforceable.
40 CFR pert 27* subparts A-F and I are not enforceable un6f toe
stale to granted authorization. 40 CFR pert 279 subperts 3 and H
40 CFR part 279 eubparts A-F and I ere not enforceable untt the
to granted auHioiuaHon. 40 CFR part 279 aubpam O and H
late enforceable'.
' 40 CFR part 279. subperts Q and H contain certain provisions which were not In pert 266, subpert E. The State M« oonflnue to enforce arty
thoM provfstons tor whtah tt attained euthcrtzatton (those provisions are Mad to Table 1 of j 271.26).
B. Technical Corrections
I. Corrections to the Preamble Language
This action corrects several errors that
were published in the September 10
final rule. There are several
typographical errors in the preamble, as
well as misstataments and incorrect
references to regulatory and preamble
sections. These corrections are
described below.
1. On pege 41579, in the second
column, remove the word "and" in line
ten so the line reads, as fellows: "is to
be burned for energy recovery, the used
oil will have to •••"
2. On page 41581. in the first
paragraph in the middle column, the
reference to §260.40(d}(2) should reed
§266.40(d)(2).
3. On page 41383, in the middle
column, six lines from the bottom,
remove the reference to "section
VLD.3." of the preamble.
4. On page 41585, in the first
paragraph of the first column, the
reference to section "VD.l-h." should
read "VLD.1 J».M
5. On page 41585, in the last sentence
of the lection entitled b. I/sec? oil
generated on ships, the reference to
"§ 279.10(e)(3)" should read
"§279.10(f)".
6. On page 41587, the word "send" hi
line 18 In paragraph two of the second
column should be revised to "sent1*.
7. On page 41590, in footnote 17, the
reference to "section VLB.5." of the
preamble should read "section VLD.4.",
referring to the discussion of secondary
containment provisions at processing/
re-refining facilities.
B. On page 41590, b) the first column.
revise the heading and the first sentence
of section (e) with the following text:
"DOT Requirements. Persons offering
used oil for transportation as well as
persons transporting used oil that meets
the definition of a hazardous material in
49 CFR 171.8. must comply with all
applicable regulations in 49 CFR Parts
171 through 180." Also add the
additional new text after the first
sentence. "On February 2. 1893, the
Department of Transportation published
an interim final rule which amended the
DOT'S hazardous materials regulation
by regulating oil as a hazardous
material. The Interested reader is
referred to this document for further
information regarding the applicability
of this rule." '
9. On page 41391, In the second
paragraph of the middle column, end on
page 41596, In the first paragraph of the
first column, the reference to "40 CPR
112.79(c)" should reed "40 CFR
10. In footnote 21 on page 41595, the
reference to preamble section "VLE.5."
should reed "VLD.3."
11. On pege 41598. in the last
sentence of the fintpamgnph of the
section entitled I. Closure, remove the
phrase "per 40 CFR 281.3(d).~ and add
the following sentence to the end of the
paragraph: "For a determination of
hazard regarding contaminated media
and other materials, see 40 CFR 281.3.
as well as EPA's 'contained'in principle'
(57 FR 983 (Jan. 9. 1992) and 57 FR
37223 (Aug. 18. 1992))."
12. On the same pen, in the last
sentence of the last full paragraph in the
third column, remove the phrase "per
40 CFR 281.3(d) or 281.4(b)" and add
the following sentence to the end of the
paragraph: "For a determination of
hazard regarding contaminated media
and other materials, see 40 CFR 281.3. '
281.4(b), as well as EPA's 'contained-tn
principle* (57 FR 983 (Jan. 9, 1992) and
57 FR 37225 (Aug. 18. 1992)X"
13. On page 41599. under pert 5(a)
revise the reference to "286.41", in the
third sentence, to read "26ft.4«M.
14. On page 41600, under SJ. Storage
Requirements, after the last word of the
first paragraph, add the following text ",
or units subject to regulation under 40
CFR parts 264 or 285."
IS. On page 41800, in the first
paragraph at the middle column, the
reference to preamble "section VL5.1"
should read "section VI.D.4."
16. On pege 41800. in the section
entitled h. Used oilfasl ono/ye*
(halogens), the reference to "fftt8.4O"
should read more specifically SB
"§268.40(c)".
17. On page 41605, in the first
column, first complete paragraph.
second sentence, add the words "and on
Indian lands" after the word "states" so
that the text reads at follows: "The ruh
will take effect in states and on Indiani
lands that do not have final
authorization. . ."
18. On page 41605, second column,.
first complete paragraph, second
sentence, after the word "states" add the
words "and radian lands" so that the
text reads as follows: "That is, Jn the
unauthorized states and Indian lands, a
used oil. . ."
2. Clarification of Issues Discussed in
the Preamble
In addition to the corrections listed
above, EPA wishes to clarify several
issues discussed in the preamble of the
May 20.1992 and September 10,1992
rule.
EPA is clarifying the definition of
used oil processing a* it relates to the
act of gravity hot-draining used oil from
non-terne plated used oil filters. The-
definltion of used oil processing waa
Intended to regulate the process of
making used oil mom amenable for
production of fuel oils, lubricants and
other used oil derived products. The act
of physically separating used oil from
non-teme plated need oil filters does not!
fall under the processing definition if
the act is conducted far the purpose of
removing the used oil for management
under part 279. The Agency did not
intend to regulate the removal of used
-------
/6422 Federal Regbter / Vol. 58. No. 83 ' Monday, May 3. 1093 / Rales tod Regulation*
oil from non-tome plated mad oil filial*
under the $ 279.1 p?ci rearing
and therefore clarifies the
between the "removal of used oil front
solid waste," which does not fit under
the processing definition. and "making
used oil more amenable far prodacUon
of fuel oils, lubricant* and other used ofl
derived products" which does fit under
On page 41601. the first paragraph of
m>i^lflfi g ststft that the requirements for
marksten ft"*M>*hr ""ntaf rvft In
$286.43'
idifM
On page 41574, in the third column.
the first sentence of the first full
paragraph incorrectly states that
residues or sludges from the processing
of used oil are not regulated under part
279. bi fact, aa evidenced by §278.10(e),
EPA did intend to regulate such
residuals if burned for energy recovery
or used in a manner constituting
disposal, with the exception of re-
refining distillation t»A_ such
collection centers an not authorized to
accept used oil from regulated
generators. The Project ROSE program
provides a better example of a "used oil
collection center." as defined in § 278.1
and discussed above.
On page 41562, in footnote 8, EPA
misquotes the words of S 279.61 UX3) to
say that off-spec, used oil may be
burned in an incinerator "in compliance
with subpart O of 48 CFR parts 26V
265." The language of the regulation
actually reeds "subject to regulation
under 40 CFR part 264 or 265." EPA
makes the same or similar errors on
ige 41566 in the last full paragraph of
a first column, on page 41599 in
cuon b.(4). and on page 41600 in
footnote 23.
d la pert 279.
subpart H "without modification." In
tact. EPA did iBtrothice certain changes
to these requirements. EPA added
raw+ain gMqnpHrtna tn itia "rat^iMaKla
presumption'' of mixing used oil with
hazardous waste, added additional
definitions, and made certain changts to
the record-keeping requirements on
of "naiketer" to include only
those persons who initiate the shipment
of off-enedfication used oil fuel directly
to a used ofl burner or who en the first
to claim that a used oil fuel meets the
specification. The former definition of
marketer Included those who market
off-specifkatfon fuel to other marketers.
EPA nude Urf* change because those
persons who initiate shipments of off-
specificetlOB ftul to other marketers ere
already covered by the new tracking
requirements la part Z79 for generators.
transporters, or recycling ncuioes,
Similarly, the first Ml sentence in the
middle cohsBn feDowiag Table VLB.
impUesthef men to an entity celled a
"fuel oil dealer" who is neither a
generator. transporter, or recycling
facility who may be selling on-
spectfieatbm tool This statement b
mlabadlng fat Hght of rhe revised
definition of marketer (a pert 278. Tuel
oil dealers" who never handle used oil
net wen never intended ID be regulated
by pert 288, stmpart E. end an not
regulated under the aaw part 279,
subpart H. Penons who accept off-
specification used oil fuel bom a
r, or recycling
; it to a burner are
subject to regulation under part 279 a*
marketers. .
EPA discussed d» requirement* for
uasd ofl storage at SBTenl pieces in the
preamble. Theragulations at
§§ 278.22M. 27S.4S
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Federal Register / Vol. 58. No. 83 / Monday. May 3. 1993 / Rules aud Regulations ""'13
In lieu of subtitle C programs. Congress
amended RCRA in 1986 to clarify that
EPA's criminal enforcement authorities
for violations of subtitle C requirements
extend to violations of requirements for
used oil that is regulated under section
3014 of RCRA but not listed or
identified as a hazardous waste.
Congress also amended section 3006(h)
to require EPA to apply the same
standards and procedures in its review
of state programs for nonhazardous used
oil. that it applies when reviewing
programs for hazardous wastes under
subtitle C In other words, state
programs for nonhazardous used oil
must be equivalent to and consistent
with the federal program (and programs
in other states). Such programs must
also provide for adequate enforcement.
Congress dearly felt that criminal
enforcement authorities were essential
to successful implementation of federal
regulatory program for nonhazardous
used oils. EPA believes that criminal
enforcement authority is equally
important to adequate enforcement of
state programs for nonhazardoua used
oils. Consequently. EPA is amending
§ 271.16 to clarify that any state that
decides to regulate recycled used oil as
nonhazardous waste and apply to EPA
for authorization to operate its state
program in lieu of the federal program
must show that it has authority to bring
criminal enforcement actions for
specified violations of its used oil
program.
In addition. EPA is amending
§ 279.10(i), dealing with PCB-
contaminated used oil. The language
codified in the September 10 rule
indicated that used oils contaminated
with PCBs, which are regulated under
part 761 of the TSCA regulations, are
exempt from the part 279 requirements.
EPA's intent was to avoid duplicalive
regulation of such used oils, and the
Agency mistakenly included this
language in $ 279.10(0. assuming that
the requirements in § 761.20(e)
comprehensively regulated such oils.
The language in $ 761.20(0), however,
incorporates by reference the
requirements of the former part 266,
subpart E and supplements them, rather
than substitutes for them, such that
PCB-contaminated used oils are
currently subject to both RCRA and
TSCA regulations governing the burning
of used oil for energy recovery. EPA did
not intend, by the promulgation of part
279, to relax the existing requirements
on used oils containing PCBs. EPA,
therefore, is amending § 279.10(1} to
accurately reflect the complementary
nature of the RCRA and TSCA
regulations. Marketers and burners who
market used oil containing any
quantifiable level of PCBs must comply
with applicable standards of part 279 as
well as additional standards and
restrictions under 40 CFR 761.20(e).
Consistent with this change to the
regulations, in the preamble statement
on page 41583, in section (v) in the
middle column. PCS-contaminated used
otls. the following clarifying sentences
should be added to the end of the
paragraph: "Marketers and burners of
used oil who market used oil fuel
containing any quantifiable level of
PCBs are subject to applicable standards
on marketing and burning used oil
containing PCBs found at 40 CFR
761.20(e). Blending for the purpose of
reducing the concentration of PCBs to
below SO ppm or the level of detection
is prohibited."
On page 41581 of the preamble, EPA
explained that it was adopting a "no
free flowing oil" concept to address the
regulation of materials containing or
otherwise contaminated with used oil.
EPA explained that if there was no
visible sign of free-flowing oil on or in
a material, the material would not be
regulated as used oil. Materials
containing or otherwise contaminated
with used oil would be regulated as
used oil until the used oil waa removed
from the material, and the oil removed
from such a material would also be
regulated as used oil The regulatory
language in §279.10(c), however.
unintentionally suggests that such
materials continue to be regulated as
used oil even after the oil is removed.
Therefore. EPA is amending § 279.10(c)
to implement the "free-flowing oil"
concept to be consistent with its original
intent.
EPA has added a paragraph to
§ 279.12(c) so that it is consistent with
the language in $ 279.61(a).
The language In $ 279.21(aJ
mistakenly suggests that used oil
generators may not mix used oil with
hazardous waste if the resulting mixture
is hazardous, hi fact. EPA meant only to
clarify that used oil generators must
comply with § 279.10(b) as well as any
subtitle C requirements that may apply
to the mixture. EPA has amended the
provision accordingly.
The storage provisions in the
September 10,1992 rule (§§279.22.
279.45.279.54, and 279.64) all contain
similar errors. Each provision contains a
reference to the "de minimis"
wastewater provision of § 279.10(0
which is unnecessary and somewhat
confusing. EPA is deleting these
references. In addition, all four
provisions refer to used oil
"generators," even though only $ 279.22
applies to generators. EPA corrects these
errors. EPA also corrects the re to
"generators" In § 279.74(a).
EPA is amending the first sentence of
§ 279.40{a)(4) by deleting the misleading
phrase "from the Initial generator." EPA
did not Intend for do-it-yourselfers to be
considered generators. Rather, the
generator la to be considered tha person
who accepts or picks up the DIY oil for
proper management
EPA Is revising tha language in
S 270.43 (b). which merely cross-
references DOT hazardous materials
transportation regulations in title 48 of
tha CFR to which used oil transporters
may be subject The original language
could have been interpreted to expand
the scope of the DOT regulations, which
was not EPA's intent
EPA is revising the language in
§ 279.45(d)(l) by adding a paragraph
(d)(l)(iii) to this section. Paragraph
(d)(l)(lii) provides an equivalent
secondary containment system for used
oil stored in containers. EPA already
provides an equivalent secondary
containment system for used oil stored
in existing and new showground tanks.
Therefore. EPA is now providing this
regulation for used oil stored in
containers to allow for consistency in
the storage of used oil stored in
abovaground tanks and containers."
revision is also added to § 279.S4(cM
Administrative Procedures Act (APn«
Requirements
Today's rule is issued without prior
notice and comment. All changes being
made either correct errors or help to
clarify the language contained In the
May 20,1992 and September 10,1992
final rules. No further public comment
is necessary.
List of Subjects
40 CFR Part 261
Hazardous waste. Recycling,
Reporting and recordkeeping
requirements.
40 CFR Port 264
Hazardous waste. Packaging and
containers. Security measures. Surety
bonds.
40 CFR Part 3S5
Hazardous waste. Packaging and
containers, Security measures, Surety
bonds.
40 CFR Part 271
Administrative practice and
procedure. Confidential business
information. Hazardous materials
transportation. Hazardous waste.
Indians-lands, Intergovernmental
relations, Penalties, Reporting and
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Federal Register / VoL 58, No. 63 / Monday. May 3, 1993 / Rules and Regulations
recordleeping requirement*. Water
pollution control. Water supply.
40 CFH Port 279
Petroleum, Recycling. Reporting and
reccrdkeeping requirements. Used oil.
Dated March 22.1*93.
Rlca*rd|. Guimoad.
Assistant Surgeon General. USPHS. Acting
Assistant Administrator
For the reasons sat out in the
preamble title 40 of the Code of Federal
Regulations is amended as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
l The authority citation for part 261
continues to read aa follows:
Authority: 42 V3 C. MOS. OSMM. 6921-
6927. 6930. 6934. 6935.6037,6938, 6939.
and 6974.
f, 2*1,4 [AiMntfed]
2. Section 261.4 is amended by
radesignating paragraph (b)(15) AS
(bHl3).
3. Section 261.4 is amended by
adding paragraph (b)(14) to raad as
follows:
1261.4 Exelualona.
(b)'
(14) Used oil re-refinint
distiUation
(14) Used oil re-refining tUsttUatlon
bottoms that are used as feedstock to
manufacture asphalt products.
§261.5 [Amended]
4. IB paragraph (jj. revise the phrase
"subpart G of part 279." to read "part
279."
PART 264— STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT.
STORAGE, AND DISPOSAL
FACILITIES
5. The authority citation for part 264
continues to read as follows:
Authority: 42 U.S.C. 6905. 6912W. 6924.
and 6925.
6. Section 264.1 is amended by
revising paragraph (g)(2) to read as
follows:
1264.1 Ptirpoe* scope, and eppNceMttty.
(2) The owner or operator of a facility
managing recyclable materials described
i § 261 6 (e)(2). (3). and (4) of this
hapter (except to the extent they are
jferred to in part 279 or subparts C. D.
. . or C of part 266 cf this chapter)
PART 26S-4KTER1M STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
7. The authority citation for part 265
continues to raad as follows;
Authority- 41 U.S.C. MOS, 691 2{«). «924.
6925. 6935. and 6936.
8. Section 265.1 is amended by
revising paragraph (c)(6) to read as
fallows:
1265.1 Pyrpoe* scope, s«lepp«tc*>t«y.
(6) The owner or operator of a facility
managing recyclable materials described
in S 261.6 (a](2), (3), and (4)ofthlt
chapter (except to the extant they are
referred to in part 278 or subparts C D.
F, or C of part 266 of this chapter).
PART 771—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
B. The authority citation for part 271
continues to read as follows:
42 U.SjC. 6905, 6912(a), and
12. Section 271.26 is amended further
by adding paragraph (h) and Table l to
read as follows: •
1271.26 Requirements for used ell
6926.
10. Section 271.16 is amended by
revising paragraph (aH3M>0 to read as
follows:
1271.16 Requirementa f0* enforcement
authority.
(a)*'*
(3) • • *
(ii) Criminal remedies shall be
obtainable against any person who
knowingly transports, treats, stores,
disposes or recycles any used oil
regulated by EPA under section 3014 of
RCRA that is not listed or identified as
a hazardous waste under the stale's
hazardous waste program in notation of
standards or regulations for
management of such used oil; or who
makes any false statement or
representation in any application, label,
manifest, record, report, permit or other
document Bled, maintained, or used for
purposes of program compliance
(including compliance with any
standards or regulations for used oil
regulated by EPA under section 3014 of
RCRA that is not listed or identified as
hazardous waste).
4271.26 [Amended}
11 The second sentence in §271.26(g)
is amended by adding a parenthesis
after the phrase "as part of its
authorization petition submitted to EPA
under §271 5"
(h)(l) Unless otherwise provided in
part 271, state programs shall have
standards for the marketing and burning
of used oil for energy recovery that are
at least as stringent as the requirements
and prohibitions that EPA adopted on
November 29, in 40 CFR part 266,
subpart E of this chapter. The pert 279
of this chapter requirements specified in
Table 1 (except those provisions
identified in footnotes 1 and 2 of Table
1] are Federally enforceable in those
states that have not adopted state
requirements equivalent to 40 CFR part
279. subparts G and H of this chapter
requirements and have not been
authorized to enforce the state
requirements.
TABLE -1.—REGULATIONS ADOPTED
NOVEMBER 29. 1985 REGARDING
THE BURNING OF USED OIL FOR
ENERGY RECOVERY
Part 279 provisions win oaranue
lo be enforced by EPA]
rofliKM' provisions of
40 CfR part 266. sub-
part E (1992]
Sec. 266.40(a)
Sec. 266.40(t»
Sec 266.40(c) Irebut-
tabie prBSumpfeon|.
Sec 266.40(dXl)and
(2).
Sec. 266.40(e)
Sec.266.41(aXt)and
P).
2664l(b)(1)and(2) ...
Sac. 266.42(a)
Sec. 266.42(1))
Sec. 266.42(c)
Sec. 266.43(8X1) .—
Sec. 266 43(aX2)
Sec 26643{b)(l)
Sec 266 43(b)(2)
Sec. 266.43)
Sec 27961(8)
Sec 27323
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Federal Register I Vol. 58. No. B3 / Monday, May 3. 1993 / Rules and Regulations 26429
TABLE i.—REGULATIONS ADOPTED
NOVEMBER 29, 1965 REGARDING
THE BURNING OF USED OIL FOR
ENERGY RECOVERY—Continued
Part 279 pnwMone w« continue
to be enforced by EPA]
Former provisions of
40 CFR part 266. sub-
part E (1992)
Sac. 266.44(e)
FwOOdmOd pfQVISfOflft
wnnn4O CFR part
279
Sac. 279.£5(a) and
W
Sec. 279.66tf»
Sec. 279.72
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26426 Federal Regjat-r / Vol. 58. No. B3 / Monday. May 3, 1993 / Roles and Regulations
the word "generators" In the third
sentence to read "transporters".
32. In $279.45 add paragraph
(d)UKill) and revise the period at the
end of paragraph (d)(l)(ii) to read "; or"
as follows:
1279.45 Uaed oil atongeat transfer
(l) * • •
(iii) An equivalent secondary
containment system.
1279.51 [Amended]
33. Paragraph (a] of § 279.51 is revised
to read as follows:
Notification.
(a) Identification numbers. Used oil
procassors/rBrefineni that have
previously notified EPA of hazardous
waste and other used oil management
activities and obtained a U.S. EPA
Identification Number must renotify to
identify their used oil processors/
rerefiners activities.
1279.52 (Amended]
34. In §279.52{b)(6)(viii][C) revise the
phrase "paragraph fh) of this section" to
read "paragraphs (b)(6)(viij) (A) and P)
of this section.".
$279.54 (Amended]
35. In § 279.54, remove the first
sentence and revise the word
"generators" in the third sentence to
read "processors/re-refiners".
36. In $ 279.54(a) remove the words
"or process".
37. Section 279.54 is amended by
adding paragraph {c)(l)(Ui) and by
revising the period after paragraph
(c)(lXU) to read "; or" as follows:
1279.54 Uaed ott management.
* • • • •
(c) • ' •
(I)'-'
(iii) An equivalent secondary
containment system.
• * • • •
f 279£0 [Amended}
38. In S 279.60 (b)(l) revise "this
Bubpart" to read "with subpart".
(279.62 (Amended]
39. In S 279.82 paragraph (a)(l) is
revised to read as follows:
§279.62 Notification.
• • » • «
(a) Used oil burners thai have not
previously notified EPA of their used oil
burning activities must notify EPA to
identify their used oil burning activities.
Even if a burner has previously notified
EPA of hazardous waste management
activities under section 3010 of RCRA
and obtained an identification number,
the used oil burner must renotify to
identify used oil burning activities.
(Amended]
40. Section 279.64 is amended by
removing the first sentence of this
section and revising the word
"generators" in the third sentence to
read "burners".
1279.70 [Amended]
41. In § 279.70(a). revise the word
"section" to read "subpart."
1279.73 [Amended]
42. In S 279.72{a), remove the last
sentence.
1279.73 [Amended]
43. In $ 279.73(a). revise "this
section" to read "this subpart."
44. In $279.73 paragraph (a) is revised
to read as follows:
1279,73 Notification.
(a) Used oil fuel marketers that have
not previously notified EPA of their
used oil fuel marketing activities must
notify EPA to identify these used oil
fuel marketing activities. Even if a used
oil fuel marketer has previously notified
EPA of hazardous waste management
activities under section 3010 of RCRA
and obtained an identification number,
the used oil fuel marketer must renotify
to identify used oil fuel marketing
activities.
* ft » • •
4.279.74 (Amended]
45. In the first sentence of § 279.74 (a).
revise the word "generator" to read
"marketer."
[PR Doc. 93-10212 Piled 4-30-93; 8:45 aa»|
BUMO coot ano-eve
-------
Thursday
September 10, 1992
Part III
Environmental
Protection Agency
40 CFR Part 260, et al.
Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste; Recycled Used Oil Management
Standards; Final Rule
-------
41566 Federal Register / Vol. 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260.261.266,271 and
279
(FRL-4153-61
RIN.-20SO-AC17
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Recycled Used Oil
Management Standards
AOENCV: U.S. Environmental Protei. an
Agency.
ACTION: Final rule.
SUMMARY: The Agency is promulgating a
final listing decision for used oils that
are recycled ar.d is simultaneously
promulgating standards for the
management of used oil under RCRA
section 3014. EPA has made a final
listing decision for used oils that are
recycled based upon the technical
criteria provided :n sections 1004 and
3001 cf RCRA. EPA determined that
recycled used oil does not have to be
listed as a hazardous waste since the
used oil management standards issued
in this rulemaking are adequately
protective of human health and the
environment. These standards cover
used oil generators, transporters.
processors and re-refiners, burners, and -
marketers These standards are
promulgated under the authonty of
section 3014 of RCRA and will be
codified in a new part 279 of chapter 40
of the Code of Federal Regulations.
Uhen these management standards go
into effect, service station dealers who
collect used oil from do-it-yourself (DIY)
generators and who are m compliance
with the standards promulgated, may be
eligible for the Comprehensive
Environmental Response.
Compensation, and Liability Act
(CERCLA) section 114(c) liability
exemption EPA is continuing to
evaluate the potential hazards
associated with management of used oil
When this analysis is completed, the
Agency will publish Notice(s) of Data
Av jilability m the Federal Register over
the next several months, as necessary
EPA will also, at that time, solicit
opinon from the public on what, if any.
additional steps may be necessary
regarding used oil management
EFFECTIVE BATE March 8. 1993
ADDRESSES: The regulatory docket for
th.s rulemakirg is available for public
inspection at room 2427. U S
Environmental Protection Agency. 401 M
Street. SW . Washington. DC 20460 from
9am to 4 p m . Monday through Friday.
exi epi for Federal holidays The docket
number is F-32-UO2F-FFFFF. The
public must make an appointment to
review docket materials by calling (202)
260-9327 The public may copy a
maximum of 100 pages from any
regulatory document at no cost.
Additional copies cost $.20 per page.
FOR FURTHER INFORMATION CONTACT:
For general information contact the
RCRA Hotline. Office of Solid Waste.
U S. Environmental Protection Agency.
401 M Street. SW.. Washington. DC
20460: Telephone (800) 424-6346 (toll
free) or. in the Washington. DC
metropolitan area at (703) 920-9810.
For information on specific aspects of
this rule, contact Ms. Rajani D. Joglekar.
telephone (202) 260-3516. or Ms. Eydie
Pines, telephone (202) 260-3509, U.S.
EPA. 401 M Street SW.. Washington. DC
20460.
SUPPLEMENTARY INFORMATION: The .
contents of today's preamble are listed
in the following outline:
I Authority
II Background
A Authonties and Regulations Covering
Used Oil Management
1 Statutory Authority
: Regulatory Actions Related to Used Oil
B Summary of May 20,1992 Federal
Regular Notice (Final Listing Decision
for Used OiU Destined for Disposal)
C Current Federal Regulation* Governing
Disposal of Used Oil
HI. Summary of Major Comments to 1989
Proposal and 1991 Supplemental Notice
A. Comments Received in Response to the
1985 Proposed Rulemaking
I Comments on 1985 Proposed Listing
Decision
2 Major Comment* on 19SS Proposed
Management Standards for Recycled
UsedOU
B Comments Received in Response to 1991
Supplemental Notice
1. Listing Used Oil
2 De Mintmis Mixtures
J. Controlling Disposal of Used Oil
4. DPr-Generated Uied Oil
5- Criteria for Recycling Presumption
a. Ban on Use •• • Dull Suppressant
7 CERCLA Liability Issues
8. Storage
9 Secondary Containment for Tanks
10 Financial Responsibility
11 Permit-By-Rule
IV Definition of Used Oil
V Listing Determination for Recycled Used
Oil
A General
B Summary of EPA'i Lilting Determination
and Rationale for Recycled Used Oils
VI Final Management Standards for
Recycled Used Oils
\ General Approach for Used Oil
Management
B Recycling Presumption
C Rebuttable Presumption of Mixing for
Used Oil
I Metalworking Oil*
2 Compressor Oil* from Refrigeration
L'ni-8 Containing CFCi
D Summary of New Part 279
1. Applicability
2. Standards for L'sed Oil Generators
3. Standards for Used Oil Transporters
4. Standards for L'sed Oil Processing and
Re-Refining Facilities
5. Standards for Burner* of Off-
Specification Uied Oil Fuel
8. Standard* for Used Oil Fuel Marketers
7. Standards for Disposal of Used Oils and
Use as a Dust Suppressant
E. Responie to Major Comment*
1. Listing Used Oil as a Hazardous Waste
2. Mixtures
3. Control* on Disposal
4. DIY-Cenerated Used Oil*
5. Recycling Presumption Criteria
6. Ban on Road Oiling
7. CERCLA Liability
8. Storage
9. Secondary Containment
10. Financial Responsibility
11. Permit-By-Rule
12. Definition of Used Oil
VII. Effective Date
VIII. State Authorization
A. Applicability in Authorized States
B. Administration
IX Relationship of this Rule to Other
Programs
A. RCRA
R MARPOL 73/78
C Clean Water Act (CWA)
D. Comprehensive En\ ironmental
Response. Compensation and Liability
Act (CERCLA)
E. Hazardous Matepals Transportation Act
(HMTA)
F Toxic Substances Control Act (TSCA)
X. Regulatory Impact Anal) si*
XI. Regulatory Flexibility Analysis
XIL Paperwork Reduction Act
I. Authority
This regulatory decision and the
regulations promulgated today are
issued under the authonty of sections
1004.1006. 2002. 3001. 3014. and 7004 of
the Solid Waste Disposal Act. as
amended by the Resource Conservation
and Recovery Act. and as amended by
the Used Oil Recycling Act. as amended.
42 U.S C. 6901. 6905. B912(a). 6921
through 6927. 6930. 6934. 6935. 6937
through 6939 and 6974.
D. Background
A. Authorities and Regulations Covering
Used Oil Management
1. Statutory Authonty
Section 3014 of RCRA requires EPA to
establish standards applicable to
recycled used oil that will protect public
health and the environment and. to the
extent possible within that context, not
discourage used oil recycling. Section
3014 was added to the RCRA statute by
the Used Oil Recycling Act (UORA) of
I960. The UORA required the Agency to
establish performance standards and
other requirements "as may be
-------
Federal Register / Vol. 57. No. 176 / Thursday. September U). 1992 / Rules and Regulations 41567
necessary (o protect the public health
and the environment from hazards
associated with recycled oir u long as
such regulations "do not discourage the
recovery or recycling of uaed oil."
The Hazardous and Solid Waste
Amendments of 1984 (HSWAJ
reemphasized that the protection of
human health and the environment was
to be of primary concent in the
regulation of hazardous waste. Specific
to used ml. HSWA slightly altered the
language of RCRA section 3014 to direct
the Administrator to promulgate
regulations as may be necessary to
protect human health and the
environment from hazards associated
with recycled oil In developing each
regulations, the Administrator shall
conduct &n analysis of the economic
impact of the regulations on the oil
recycling industry. The Administrator
shall ensure that such regulations do not
discourage the recovery or recycling of
used oil consistent with the protection
of human health and the environment.
(Emphasis added to highlight HSWA
language amending RCRA section
3014{a))
EPA is therefore directed to
promulgate standards for the handling
and management of recycled oil Section
1004 of RCRA. in defining the term
"recycled oil" includes used oil being
reused for any purpose. mchuBng used
oil being re-refined or being processed
into fuel. EPA bebevea that section 3014
also provides authority for establishing
management standards that specifically
include used oil being stared, collected
or otherwise managed prior to recycling.
2. Regulatory Actions Related to Used
Oil
On December 18,1978, EPA initially
proposed guidelines and regulations for
the management of hazardous wastes as
well as specific rules for the
identification and listing of hazardous
wastes under section 3001 of the
Resource Conservation and Recovery
Act (RCRA) (43 FR 58948). At that time.
EPA proposed to bat waste rubricating
oil and waste hydraulic and cutting oil'
as hazardous wastes on the basis of
their toxictty. In addition, the Agency
proposed recycling regulations to
regulate (1) the incineration or burning
of used lubricating, hydraulic.
transformer, transmission, or cutting oil
that was hazardous and (2) the use of
waste oils in a manner that constituted
disposal *
In (he May 19. i960 regulations (45 FR
33084). EPA decided to defer
promulgation of the recycling
regulations for waste oils to consider
fully whether waste- and use-specific
standards may be implemented in lieu of
imposing the fufi set of Subtitle C
regulations on potentially recoverable
and valuable materials. At the same
time. EPA deferred the listing of waste
oil for disposal so (hat the entire waste
oil issue could be addressed at one lime.
Undei the May 19.1980 regulations,
however, any waste oil exhibiting one of
the characteristics of hazardous waste
(tgniUbility. corroaivity. reactivity, and
(oxicity) that was disposed, or
accumulated, stored, or treated pitac to
disposal became regulated as •
hazardous waste subject to all
applicable SobtHle C regulations.
As explained above, HSWA made
protection of human health and the
environment the prominent concern in
the Agency's regulatory decisions for
used oil and required EPA to propose
whether to identify or list used
automobile and truck crank case oil by
November 0. 1985. HSWA also required
EPA to make a final determination as to
whether to identify or list any or all
used oils by November 8.1886. On
November 29.1985 (SO FR 49258), EPA
proposed to list all used oib as
hazardous waste, including petrolemB-
derived end synthetic oil*, based on (be
presence of toxic constituents at levels
of concern from contamination dunng
use and adulteration after use. Also on
November 29.1865, the Agency
proposed management standard* for
recycled osed oil (50 FR 49212) and
issued final regulations, incorporated at
40 CFR part 286. subpart E. prohibiting
the burning of ofl-specification used oil
fuels ' in non-industrial boilers and
furnaces (50 FR 49164). Marketers of
used oil fuel and industrial burners of
off-specification fuel are required to
notify EPA of their activities and to
comply with certain notice aad
recordkeeping requirements. Used oils
that meet the fuel oil specification are
exempt from most of the 40 CFR pan
266. subpart E regulations.
On March 10.1988 (51 FR 8208), the
Agency published a Supplemental
Notice mruesnng comments on
land IB • manner constituting dUpoitl or ih* «M of
the MlM wntc to produce product! dial *rr applied
(o or pbovd en lha had or in otherwtw
in product* thai in tpphco' w or placed oa Oe lad
additional aspects o( the proposed
listing of used oil aa hazardous waste In
particular, commenters to the November
29. 1985. proposal suggested that EPA
consider a regulatory option of only
listing uaed oil aa a hazardous waste
when disposed, while promulgating
special management standards for used
oil that is recycled.
On November 19. 1988. EPA issued a
decision not to list as a hazardous waste
used oil that is recycled (51 FR 41900V
The Agency determined that used oil
being recycled should not be listed as a
.B waste under RCRA. The EPA
1 Tfw term -trait otf' htctodttt both need and
unocd oil thai nay no longer t* aaed for Oujr
ongual pvpoe*.
1 *Uw • « ouoner eoaaBMtag dupM*P inaniii
i* piaceaem of hanrdoai wen* dmtity oala the
• U«d CW Ihil exceed* «ay oj (be teUawtag
tpecffiutlon levdt It conwdmd to bt "off-
ipeafieMar (Mrf oil enter «0 CFR ZSS.«",«*
Anemc— 4 ppm Cadzvu»— t pen. ChmrilM 10
ppm Lead— KB ppa. Rath Poml-UO f mmmmt.
Tola) Halogen*— UOO ppa.
stated in the November 198ft decision
that the Agency intended to issue
recycled uaed oil management standards
and was conducting studies necessary
to determine what standards are
appropriate under i 3014 of RCRA and
to determine whether uaed oil being
disposed of should be listed as a RCRA
hazardous waste, or regulated under
other statutes. At that time, it was the
Agency's belief that the stigmatic effects
associated with a hazardous waste
listing might discourage the recycling of
used oil, thereby resulting in increased
disposal of used oil in uncontrolled
manners. EPA stated that several
residues, waslewalera, and sludges
associated with the recycling of used oil
may be evaluated to determine if a
hazardous waste listing was necessary.
even if used oil was not listed as a
hazardous waste. EPA atao outlined a
plan that included making the
determination whether to list used oil
being disposed aa hazardous waste and
promulgation of special management
standards for recycled oil
EPA'S decision not to list used oil as a
hazardous waste based on the potential
stigmatic effects was challenged by the
Hazardous Waste Treatment Council.
the Association of Petroleum Re-
refiners. and the Natural Resources
Defense Council The peuionew
claimed that (1) the language of RCRA
indicated that in determining whether to
list used oil as a hazardous waste. EPA
may consider technical characteristics
of hazardous waste, but not the
"stigma" that a hazardous listing might
involve, and (Z) that Congress intended
EPA to consider the effects of listing, on
the recycled oil industry only after the
Initial bating decision.
On October 7. 1988, the Court of
Appeals for the District of Columbia
found that EPA acted contrary to law in
its determination not to list used oil
under RCRA section 3001 based on the
stigmatic effects. (See Hazardous Waste
Treatment Council v. EPA. 881 F.2d 270
(D.C. Cir. 1988) [HWTC I] J The court
ruled that EPA must determine whether
-------
41568 Federal Register / Vo! 57. No 176 / Thursday. September 10. 1992 / Rules and Regulations
to list any used oils based on the
technical criteria for waste listings
specified in the statute
After the 1988 court decision. EPA
began to re-evaluate its basis for making
a listing determination for used oil. EPA
reviewed the statute, the proposed rule,
and the many comments received on the
proposed rule. Those comments
indicated numerous concerns with the
proposed listing approach. One of the
most frequent concerns voiced by
commamers was related to the quality
and "representativeness" of the d-. fa
used by EPA to characterize used ..i]» in
1965. Numerous commenlers indicated
that "their oils" were not represented by
the data and. if they were represented.
those oils were characterized after being
mixed with other more contaminated
oils or with other hazardous wastes.
Many commenlers submitted data
demonstrating that the used oils they
generate, particularly industrial used
o.Is did not conjam high levels of
toxicants of concern.
In addition, the Agency recognized
that much of the information in the 1985
t.sed oil composition data was more
than five years old. as most of the
information was collected prior to 1985.
Since the time of that data gathering
effort, used automotive oil composition
may have been affected by the phase-
down of lead in gasoline. The Agency
also recognized the need to collect
analytical data addressing specific
classes of used o:ls aa collected and
stored at the point of generation (ie.. at
the ger.eretor's facility).
finally, the promulgation of the
loxiciry characteristic (TC) (55 FR 11798,
March 29.1990) is known to identify
certain used oils as hazardous waste.
Due iem to stringent Subtitle C regulations
ecause their used oils are not
hazardous Based on those comments,
the Agency collected a variety of
additional information regarding various
types of used oil. their management, and
their potential health and environmental
effects when mismanaged. The 1991
Supplemental Notice presented this new
information to the public and requested
comment on the information.
particularly if and how the information
suggests new concerns that EPA should
consider in deciding whether to finalize
all or part of its 1985 proposal to list
used oil as a hazardous waste.
In addition, the 1991 Supplemental
Notice expanded upon the November 29,
1985 (50 FR 49Z58) proposal to list used
oils as hazardous and the March 10,
19M (51 FR 8206} Supplemental Notice
by discussing regulatory alternatives not
previously presented in the Federal
Register. Based on the public comments
received relative to these two notices.
the Agency investigated several
important aspects of used otl regulation.
The Supplemental Notice also contained
a request for comments on additional
issues related to'the "mixture rule" (40
CFR 281.3(a)(2)(!ii)). on test methods for
determining halogen levels in used oils,
and on new data on the composition of
used oil and used oil processing
residuals. For these aspects, the Agency
identified alternative approaches that
were not presented explicitly in the
earlier notices. Those new alternatives
were presented in the 1991
Supplemental Notice.
The 1991 Supplemental Notice also
discussed the Agency's proposal to
amend 40 CFR 261.32 by adding four
waste streams from the reprocessing
and re-refining of used oil to the list of
hazardous wastes from specific sources.
The wastes from the reprocessing and
re-refining of used oil include process
residuals from the gravitational or
mechanical separation of solids, water,
and oil fKlSZ): spent polishing media
used to finish used oil (K153): distillation
bottoms from used oil processing and re-
refining (K154); and treatment residues
from primary-waste water treatment
(K1S5).
The 1991 Supplemental Notice also
included a description of some of the
management standard) (in addition to or
In place of those proposed in 1985) that
EPA considered in promulgating today's
final rule.
On May 20,1992. EPA proposed a
Hazardous Waste Identification Rule
describing two alternative approaches
for hazardous waste identification under
RCRA. The first proposed approach
would establish concentration based
exclusion criteria (CBEC) for hated
hazardous wastes, waste mixtures,
derivative*, and contaminated media.
The second approach an expanded
characteristic option (ECHO) would
establish "characteristic" levels for
listed hazardous wastes, waste
mixtures, derivatives, and contaminated
media. (57 FR 21430). Depending upon
which approach the Agency finalizes.
the manner in which EPA regulates
mixtures of used oil and hazardous
waste may change.
B. Summary of May 20.1992 Federal
Register Notice (Final Listing Decision
for Used Oils Destined for Disposal)
On May 20.1992. EPA published a
final rule that addressed the listing of
used oils that are disposed, excluded
non-terne plated used oil filters that
have been drained to remove used oil
from the definition of hazardous waste.
and deferred a final listing
determination on residuals from the
processing and re-refining of used oil (57
FR 21524). Four separate actions were
taken and are discussed below.
First, the Agency promulgated a final
decision not to iist used oils destined for
disposal. This decision was based
primarily upon the finding that all used
oils do not typically and frequently meet
the technical criteria for listing a waste
as hazardous. In making the final listing
determination for used oil destined for
disposal. EPA also gave considerable
attention to the current federal
regulations governing the management
of used oils that are disposed. EPA
evaluated the technical criteria for
listing in light of the current regulatory
structure that controls the management
of used oils and concluded that any
plausible mismanagement of used oil
that is destined for disposal is
addressed by current requirements.
Existing regulations that cover used oil
destined for disposal an discussed
briefly at the end of this section. In
addition, if a used oil that is destined for
disposal exhibits a characteristic, it is
regulated as a hazardous waste under
subtitle C.
Second, the Agency decided to defer a
decision on listing and management
standard* for used oil that is recycled
(this decision is included in today's
rule).
Third, the Agency promulgated a final
exemption from the definition of
hazardous waste in 4 261.4 for certain
used oil filters. The filters that received
the exemption are non-terne-plaled used
oil filters that have been hot-drained to
remove used oil. [Terne is an alloy of tin
and lead.) Hot-drained means draining
used oil from a filter while the engine is
at operating temperature, when oil flows
easily. Based on data submitted to EPA.
non-teme-plaled, hot-drained used oil
-------
Federal Register / Vol. 57. No. 176 / Thursday. September 10, 1992 / Rules and Regulations 41559
filters do not typically and frequently
exhibit the Toxicity Characteristic.
Fourth, the Agency announced its
deferral of a final decision on whether
or not Ip b'sl residuals from the
processing and re-refining of used oil.
The Agency stated that it will continue
to evaluate the composition of used oil
recycling residues and the management
of these residues. The reason for
continued evaluation of reaiduals is that
recycling techniques and waste
management practices that evolved
during the past six years have resulted
in residual composition changes.
C Current Federal Regulation*
Governing Disposal of Used Oil
Currently, there are several regulatory
programs in place lo control the storage
and transportation of used oil. to protect
against releases to the ground, ground
water, and surface waters, to protect
against improper disposal of used oila,
to prevent the burning of used oils with
high levels of loxic constituents In
certain units, and to control the
management of used oils containing
RGB's. Several of these programs have
been proposed and/or promulgated
since 1965. and some have been in place
since before 1965. The Agency baa
decided (hat these current regulations
are protective, but are not complete or
sufficient to protect human health and
the environment from potential
mismanagement of used oila that are
recycled. Therefore, in addition to the
existing regulations, used oil handlers
will have to comply with additional
management standards that EPA is
promulgating today, such aa
recordkeeping and analysts
requirements, and a requirement for
containment consisting of impervious
floor and dikes/berms. The current
regulatory programs are described
below.
The storage of used oil in underground
tanks is controlled under subtitle I of
RCRA (40 CFR part 280). These
regulations require that underground
tanks be properly maintained, operated.
protected from corrosion, and that any
spills are properly cleaned up. Other
existing storage tank standards are
found under the Clean Water Act Spill
Prevention Control and_
Countermeasures (SPCC) requirements.
SPCC requirements regulate the storage
of materials, including used oIL in
aboveground and in underground tanks
under certain circumstances. The Clean
Water Act also requires reporting of
releases of oil into navigable waters if a
sheen appears on the water, if any
water quality standards are violated, or
if a sludge is deposited beneath the
surface of the water. The recently
enacted Oil Pollution Act revised the
SPCC requirements of the Gean Water
Act.
Regulations promulgated pursuant lo
MARPOL 73/78. Annex I. act to control
shipboard management of used oil and
releases of used oil to navigabk waters.
Bilge slops are a commonly generated
waste on-bcard ships that contain used
oil: MARPOL prevents this waste from
being discharged into the sea in aa
unrestricted manner.
The transport of used oil ia regulated
under the Department of
Transportation's Hazardous Materials
Transportation Act (HMTA). Used oil
that meets the criteria for being
"combustible" or "flammable- ia
regulated under DOT requirements far
classification, packaging, marking,
labeling, shipping papers, placarding.
recordkeeping and reporting.
The burning of used oil Ear energy
recovery is subject to existing standards
under RCRA (40 CFR part 206, subpart
£). These standards Include
requirements for marketers of used oil.
such as notification, analysis,
recordkeeping, and invoices for each
shipment. Off-specification used oil
must be burned in industrial boilers or
furnaces only. The "specification" levels
for used oil that will be burned for
energy recovery include levels for
metals, halogens, and flash point Theae
existing standards promulgated in 1985
are recodified in part 279 today.
The manufacture, use. import, and
disposal of poly chlorinated biphenyls
(PCBs) in used oils are controlled under
the Toxic Substances Control Act
(TSCA). TSCA controls the
manufacture, import use, and disposal
of oils containing over 50 ppm PCBs. m>
addition. TSCA requires reporting of
any spill of material containing 50 ppm
or greater PCBs, into sewers, drinking
water, surface water, grazing lands, or
vegetable gardens. The Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) requires reporting of any 1-
pound spill of PCBa into the
environment. Note that used oila
containing less than 50 ppm of PCBs are
covered under RCRA.
Used oils that are contaminated with
CERCLA hazardous substance* (a$,
due to the presence of elevated levels of
lead) are subject lo CERCLA release
reporting requirements. Therefore.
releases of uaed oil containing such
contaminants (eg.. lead) into the
environment in quantities greater than
the reportable quantity for the
contaminant must be reported to the
National Response Center. Toe current
RQs for CERCLA hazardous substances
are listed in 40 CFR 302.4. In addition,
under 40 CFR part 110. any discharge of
oil that violate* applicable water quality
standards or causes a film or sheen on a
water surface must be reported to the
National Response Center.
As mentioned previously, used oil
handlers will have to comply with all
existing regulations (including any
applicable State and local regulations).
and in addition, the new management
standards for recycled oil promulgated
today. For the reasons discussed in
more detail below. EPA believes that
this network of regulations will be
sufficient to ensure protection of human
health and the environment
m. Summary of Major Comments lo
U8S Proposal and UK Supplemental
Notice
-4. Comments Received in Response to
the 1905 Proposed Roreaiaking
1. Comments on 1985 Proposed Listing
Decision
On November 29.1965 (50 FR 49239).
EPA proposed lo list all used oils as
hazardous waste, including petroleum-
derived and synthetic oils, based on the
presence of toxic constituents at levels
of concern as a result of contamination
during and adulteration after use. In
1985. the Agency also proposed special
management standards for used oils that
are recycled. Essentially, used oils that
are disposed would have been subject to
full subtitle C regulation, while recycled
used oils could be managed in
accordance with the proposed
management standards developed and
proposed under the authority of RCRA
83014.
Many comments were received on the
various aspects of the proposed listing
of used oiL which are summarized as
follows. Moat commeniers opposed the
listing of used oil as a hazardous waste.
The reasons given included that EPA's
sampling was unrepresentative and
flawed (j.e. used oil samples were taken
from storage tanks at used oil facilities
rather than from the point of
generation], uaed oil ia no more
hazardous than virgin oil. and the belief
that the levels of constituents EPA found
in uaed oils that were sampled and
analyzed do not present a threat to
human health. Some commenten
asserted that EPA's concern is not with
used oil itself but the mixing of used oil
with other constituents that may render
the uaed oil hazardous only because of
post-use adulteration. Therefore, instead
of listing all used oils, commeniers
recommended that EPA should list usea
oils as hazardous only if other
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41570 Federal Register / Vol. 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulations
substances have been added after the
oil's initial use.
A large number of commentera
challenged the scope of the listing (i.e..
definition) and provided a number of
examples where certain used oils should
not be included In the listing because
they do not contain constituents of
concern at concentrations exceeding
health-based levels that would cause the
used oil to be listed Some commentera
proposed that only those used oils that
contain toxic constituents, such as lead.
arsenic, cadmium, chromium. 1.1.1-
tnchloroethane. trichloreethylene.
tetrachloroethylene. toluene, and
naphthalene, should be included in the
listing. A number of commenten
requested that in the proposed definition
of used oil. the phrase "but is not limited
to" should be stricken because it creates
tremendous uncertainty as to what
constitutes a used oil. Commentera also
challenged EPA and indicated that the
Agency exceeded its statutory authority
by including synthetic and other non-
petroleum derived used oils in the
definition of used oil. Commentera also
requested that used oil destined for
recycling be excluded from the
definition of used oil. A few commenten
also requested that food grade oils be
excluded because the Food and Drug
Administration regulates these oils and
requires that they meet health standards
based on human consumption because
they may contact food products. A
number of commenlers requested that
EPA exclude dielectric waste oil from
the listing because electrical equipment
is not a source of the contaminants of
concern and that dielectric oils are
already controlled by the Toxic
Substances Control Act.
A number of commentera expressed
concern regarding EPA's proposed
regulatory scope of mixtures of used oil
and other materials. The commenten
were mixed on their support of EPA's
proposed exclusion for wipera
contaminated with used oil. Those that
supported the exemption stated that as
long as a wiper contains no free liquid.
as determined by the paint filter test, it
presents a minimal threat to human
health or the environment. These
commenters also expressed the belief
that there should be no set
concentration limit for used oil in
wipera. but the exclusion should be
based on whether the wiper contains
free liquids. Those that opposed the
exclusion indicated that contaminated
wipers can contain significant quantities
of PCBs and other toxic constituents'and
therefore present a nsk to health.
Many commentera supported EPA's
proposal to exempt wastewatera
containing de minimis amounts of used
oil from the definition of hazardous
waste. However, commenters stated
that no set concentration limit should be
established as a de minimi's level. A few
commentera opposed this exclusion on
the grounds that it could present a threat
to human health and the environment.
Some commentera requested that the
halogen level promulgated as part of the
rebuttable presumption for used oil fuels
be increased because de minimis
amounts of solvents may inadvertently
become mixed with used oil
There was overwhelming support to
exempt mixtures of sorptlve minerals
and used oil. However, some
commentera requested that the word
minerals be replaced with materials.
The commentera' rationale was that
minerals are actually adsorbents.
meaning attracted to the surface.
whereas other materials, such as treated
wood and paper fiber, are absorbents.
meaning becoming part of the material
and more difficult to remove. Thus.
these commentera asserted, non-mineral
sorbent materials also would pose no
risk to the environment.
2. Major Comments on 1985 Proposed
Management Standards for Recycled
Used Oil
On November 29.1985 (50 FR 49212).
EPA proposed a comprehensive set of
management standards for various
entities handling used oils. These
proposed standards were tailored after
the hazardous waste management
standards of subtitle C. and included
requirements for notification, tracking.
recordkeeping. preparedness and
prevention, testing, storage, and closure.
The handlers included generators.
transporters, recyclere, marketers.
burners, and road oilers.
a. Generator Standards. Concerning
management standards for generaton.
commentera were generally supportive
of EPA's proposed regulations except for
the following comments relating to
specific provisions. Commentera
expressed concern that the quantity
limit for small quantity generators was
too low. Commentera also advocated a
change from determining a generator's
regulatory status on a monthly basis to a
12-month average limit to account for
periodic and/or seasonal variations in
generation patterns. Commentera
thought that the proposed 90-day time
limit on accumulation did not provide
enough time for generators to
accumulate a fuU tank of used oil.
Because some facilities generate small
amounts of used oil. some commentera
felt that a 180- or 270-day time limit
would be more appropriate.
One commenter stated that the
requirement to empty a leaking or
otherwise unfit for service tank within
24 hours is unreasonable and more strict
than the hazardous waste requirements.
One commenter stated that it is
unreasonable to require that whenever a
leak in a tank system occurs, the whole
tank system must then be subject to the
standards for new tank systems. An
example of this inequity, provided by
the commenters, could occur if the tank
system develops a leak because of a
faulty gasket and then the whole system
has to be replaced rather than merely
replacing the gasket. A few commentera
expressed the opinion that the proposed
standards for used oil storage tanks far
exceed the necessary standards for
protection of human health and the
environment. Some commenters stated
that requiring secondary containment
for newly installed tanks beyond the
SPCC requirements amounted to
regulatory overkill. One commenter
requested EPA to provide clarification
on the definition of tank because many
tank-like structures may be pulled into
the system although they may not
warrant regulation. Many commentera
expressed concern that the regulation of
storage in underground tanks under
RCRA J 3014 would be duplicative of
the standards promulgated under
Subtitle I of RCRA. Many commentera
disagreed with EPA that ground-water
monitoring provides a supenor approach
to leak detection.
b. Transporter Standards. Some
commentera thought that the 10-day time
limit for storing used oil at transfer
facilities was an inadequate period of
time for transporters to accumulate and
consolidate sufficient quantities of used
oil. One commenter requested that an
exemption be provided for generators
that transport used oil from isolated
locations to a central storage site, which
would reduce the regulatory burden on
oil and gas production operations.
contract drillers, gas processors, and
pipeline operators.
Commentera expressed concern with
the requirement proposed in 1985 that
collectors provide recycling facilities
with lists of their customers. This could
lead to solicitation of the collector's
customers by used oil recyclere. which
could adversely impact the collectors.
c. Recycling Facility Standards. A few
commentera requested that EPA allow
for the co-management of used oil with
hazardous waste under a permit-by-rule
rather than requiring such facilities to
apply for and obtain a modification to
their existing Subtitle C operating
permit. Commenten also challenged the
fact that while EPA required analysis of
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Federal Register / Vol. 57. No. 178 / Thursday. September 10, 1992 / Rules and Regulations 41571
halogens, there is no EPA-approved test
method for halogens. Some commenters
also objected lo the proposed
requirement that facilities that manage
both used oil and other hazardous
wastes teat their used oil for indicator
parameters for each hazardous waste
stream. Although many comments were
received concerning testing frequencies.
commenters generally did not agree on
any particular frequency or on whether
or not the Agency should Impose a set
testing frequency.
EPA received many comments both
for and against (he proposed
requirements that used oil recycling
facilities that are nol In compliance with
the permit-by-rule provisions on the
effective date of the rule comply with
the Interim status provisions of 40 CFR
part 285. A few commentera pointed out
that corrective action for releases of
used oil to the environment was not
adequately addressed in the 1985
proposed ruleraaking.
d. Dust Suppression. The commenters
were generally in favor of banning used
oil for dust suppression. One commenter
requested thai EPA consider a case-by-
case approval of used oil as a dust
suppressant provided the activity is
permitted and waste analysis Is
conducted. A state agency
recommended that the dust suppression
ban be extended to refined oil and oil/
water mixtures.
B. Comments Received in Response to
1391 Supplement!}} Notice
1. Listing Used Oil
The Supplemental Notice of
September 23.1991 (56 FR 48041).
presented three options for identifying
used ail as a hazardous waste. Option
One was to list all used oils aa proposed
on November 29,1985 (60 FR 49238),
based on the potential for adulteration
during use and environmental damage
when mismanaged. Option Two was to
list categories of used oil that were
found lo be "typically and frequently"
hazardous because of the presence of
lead. PAHs. arsenic cadmium.
chromium, and benzene. 'Typically end
frequently" was defined to mean that 50
percent or more of the samples In a used
oil category exceeded the levels of
concern. Under Option Three, the
Agency proposed nol to list used oils as
hazardous, but rely on management
standards developed under section 3014
of RCRA to control mismanagement of
oil.
Commenters overwhelmingly
supported Option Three, not to list used
sit as a hazardous waste, but rely on
management standards. Many of these
coouneniero suggested that EPA should
encourage recycling through education.
collection, and management standards
instead of a hazardous waste listing.
Many commenters expressed concern
that listing used oil would have a
negative effect on the used oil recycling
system. These commenters stated that
due to excessive liability and disposal
coals associated with handling
hazardous wastes, they would be forced
out of business or out of the used oil
management system. They stated that
this would result In having fewer
collection centers resulting in decreased
acceptance of Dry-generated used oil.
and may lead to further
mismanagement. A few commenters
pointed out that their lease prohibits the
handling of hazardous materials or
wastes and the listing of used oil as a
hazardous waste would thus force them
out of business or require them to
negotiate a costly new lease.
Additionally, some commenters,
primarily service stations and oil
changers, are currently voluntarily
accepting DTY-generated used oil. They
stated that listing used oil as a
hazardous waste would lead to the
discontinuation of this service because
of the potential liability and the
increased cost of handling used oil.
Some eonmenlers noted that DIY-
generated used oil presents the biggest
threat to human health and the
environment because it is often
disposed of improperly. Another view
point shared by many commenters was
that used oil is a resource that is
recyclable as lube oil feedstock or as a
fuel substitute, and EPA should not
designate a valuable commodity aa
hazardous waste.
A few commenters stated that used oil
should not be listed because II is no
longer hazardous due to EPA's lead
phase-down program. In addition. EPA's
analyses of used oil were based on too
few samples and these were
unrepresentative of actual conditions.
Some commenters expressed a
reluctance (o have EPA list used oil as a
hazardous waste, but urged EPA. if used
oil is to be listed, to list only those used
oils that are disposed and not list used
oils that are recycled
A few commenters supported the
proposal lo list all used oils as
hazardous waste. They staled that used
oil has been historically mismanaged
and presents a threat to human health
and the environment. In addition, they
referenced the "California experience"
In support of listing. These commentera
said that when California listed used oil
as a hazardous waste, the resulting
recycling program within the Hale
increased (he amount of vised oil
entering the used oil management
system.
2. De Minimis Mixtures
EPA proposed exempting wipers.
sorptive minerals, and oil filters that
have been drained of free-flowing used
oil from the definition of hazardous
waste, If used oil were listed as a
hazardous waste. EPA expressed its
belief that many of these materials may
not pose a threat to human health and
the environment because of the very
small quantities of used oil involved.
The Agency also proposed the "one-
drop" standard for determining whether
or not free-flowing used oil is present in
the mixtures.
The commenters were nearly
unanimous in support of EPA's proposal
to exclude wipers and sorptive minerals
contaminated with small amounts of
used oil from the proposed listing. A
number of commenters requested EPA
to expand the definition of sorptive
minerals beyond the current definition
of clay and diatomaceous earth to
include synthetic adsorbents and other
natural filter ('absorbent media. A few
commenters requested clarification as to
the status of laundered clean wipers
that do not contain free flowing used oil.
A few commenter* requested a
clarification concerning recycling of
used oil mixtures with high Blu value
and instances where used oil cannot be
separated from the mixture for burning a
mixture aa a used oil fuel.
3. Controlling Disposal of Used Oil
EPA believes that certain used oils
may require disposal because they can
not be recycled. In cases where the used
oil is not recyclable and the disposal of
the used oil is not controlled under the
current subtitle C regulations (e.g.,
because the used oil does not exhibit a
hazardous waste characteristic), EPA
wants to ensure that used oils are
disposed of in an environmentally safe
manner. EPA therefore requested
comment on the appropriateness of
developing guidelines for the disposal of
used oil and the appropriateness of a
total ban on the disposal of used oil.
Commentera supported EPA's
proposal to develop specific guidelines
for the disposal of nonhazardous oil
under 11008 of RCRA. Some
commenters urged EPA not to impose a
total ban an the disposal of
nonhazardous oil. This is because some
materials (e.g.. contaminated soil) can
not be disposed elsewhere in an
economically acceptable fashion. Some
commentera supported a total ban on
disposal of used all mainly to ensure
protection of the ground water and as a
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41S72 Federal Register / Vol. 57. No. 176 / Thursday. September 10 1992 / Rules and Regulations
method to promote recycling of all used
oils
4. DlY-Cenerated Used Oil
RCRA does not provide the authority
to regulate household-generated waste
prior to collection (e.g.. DIY-generated
oil and Alters), nor does it give EPA the
authority to mandate collection
programs for DIY-generated used oil.
Over the past five yean. EPA has
developed public informational
brochures to encourage DIY generators
to recycle their used oil. EPA ma>
develop more educational materials for
the public and the regulated community
on used oil recycling alternatives. EPA
therefore requested comments on how to
improve the recycling of DIY-generated
used oil.
Many suggestions were received on
ways EPA could encourage the
acceptance and recycling of DFY-
generated used oil. A majority of
comrrenlers. however, said that listing
used oil as a hazardous waste would
discourage recycling of DIY-generated
used oil. primarily because many
facilities indicated that they would no-
longer accept DIY-generated used oil
because of the liability associated with
collecting and handling hazardous
waste. A stale government agency
stated that a primary reason service
stations are not accepting DIY-
generated used oil is the uncertainty
over the past few years of whether EPA
will list uspd oil as a hazardous waste
and thus, require generators that have
used oil on hand to pay for its disposal
Comment's incrcated that the primary
reason for the poor recycling rate of
DIY-generated used oil is because of the
lack of collection centers. Some major
suggestions included the implementation
of a curfastde pickup program for DfY-
generaled used oil. requiring any entity
selling motor oil to collect DIY-
generated used oil. ensuring that used
oil collection facilities be exempted from
CERCLA liability requiring retailers to
list nearby used oil collection centers.
and establishment of a deposit-refund
system.
5 Criteria for Recycling Presumption
EPA proposed to establish a
presumption that all used oils, once
collected, would be recycled and.
therefore, would be subject to the
proposed used oil recycling standards.
However. EPA Is aware of certain
categories of used oils (e.g., watery
metalworking oils, oily bilge water) that
may not be recyclable. Most used oils
can be processed and treated to
manufacture either burner fuel, lube oil
base stock, to feedstock for refining.
However. EPA gave consideration to
providing an opportunity for used oil
handlers to rebut the used oil recycling
presumption and avoid compliance with
the used oil recycling standards by
documenting that their used oil is not
recyclable in any manner. EPA
requested comments on the suggested
procedures for rebutting the recycling
presumption and appropriate
documentation.
The commenters were nearly
unanimous In their support of the
recycling presumption. However, the
comments were mixed concerning the
criteria for "recyclability" and the
appropriate documentation. One
commenter suggested that a one-time
certification on the recyclability of a
waste stream is adequate, assuming the
facility's waste management plan does
not change. Many of the commenten
were supportive of the criteria EPA
listed for determining recyclability,
which included BTU content, water
content, degree of emulsification. degree
of viscosity, and the availability of
economically and geographically
acceptable recyclen. However, two
commenten (refiners) stated that since
none of the five criteria were examples
of nonrecyclability and that all used oil
can be recycled, whether used oil is
actually recycled is strictly a matter of
cost One commenter questioned
whether EPA had the authority to
assume that all used oil was recyclable
and. if not to require certification and
documentation.
Commenten were generally in
agreement concerning the
documentation requirements for the
recycling presumption. There were only
a few specific comments on the issue.
One commenter suggested that a
generator should not be allowed lo
determine recyclability but this should
be the responsibility of a recycling
facility. Another commenler suggested
that documentation should be kept on-
site and should not have to be sent to
EPA.
6. Ban on Use as a Dust Suppressant
On November 29.1085 (SO PR 49239T.
EPA proposed to ban the use of used oil
as a dust suppressant (road oiling). The
September 23,1991. Supplemental
Notice (56 FR 48041) stated that
regardless of whether EPA lists used oils
as a hazardous waste. EPA was still
considering the ban of all used oils used
for dust suppression. Specific comment
was requested on how used oils could
be used for dust suppression in an
environmentally safe manner.
Moat of the commenten supported the
ban on using any used oil for dust
suppression. Many of these commenten
stated that used oil should not be used
for road oiling given the potential
adverse impact to water resources due
to run-off. One commenter pointed out
that surfactant additives in motor oil are
generally anionic which prevents oil
from bonding strongly to most
negatively charged aggregate articles
resulting in massive run-off. All of the
state agencies commenting on this issue
supported a ban.
Some commenten suggested that EPA
should allow used oil lo be used for dust
suppression if it meets certain criteria
such as not failing a characteristic test
or the specification criteria for used oil
fuel. Other commenten requested that
nonhazardous used oil be allowed for
road oiling. A few commenters urged the
allowance of water contaminated with
de minimus amounts of used oil to be
used for dust suppression. On a related
matter, some commenters wanted to
know whether use of used oil for insect
control or as a weed killer is allowed.
7. CERCLA Liability Issues
Section 114(c) of CERCLA contains
the service station dealer's exemption
from liability under the statute for used
oil. To be eligible for the exemption.
service stations are required to comply
with the section 3014 of RCRA used oil
management standards and accept DIY-
generated used oil. EPA requested
comment on how to ensure that small
quantity generators could be eligible for
this exclusion if they were conditionally
excluded from most of the regulatory
requirements similar lo subtitle C.
The commenten were in agreement
that the service station exclusion
contained in section 114(c) of CERCLA
should be implemented. Many
commenten encouraged EPA to include
facilities that collect DfY-generated used
oil (e.g.. public facilities), regardless of
whether they are service stations, to
promote recycling of the DIY used oil
segment. A commenter requested that
EPA clarify that "quick oil change and
lubrication facilities" are in the
definition of "service station dealers"
and that "used oil destined for
recycling" should be included instead of
just "recycled" used oil. One commenter
requested that refinen and downstream
usen be included in the definition of
service station to obtain the CERCLA
liability exemption.
Many commenten expressed support
for the elimination of generator category
distinction (i.e.. small quantity
generaton versus large quantity
generaton]. In addition to the reduction
in confusion and handling requirements
for used oil. these commenten noted
that all generaton could then benefit
from the CERCLA liability exemption
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Federal Register / Vol. 57. No 176 / Thursday. September iq 1992 / Ru'e; and Regulations 41573
6. Storage
EPA proposed different requirements
for storage for different segments of the
used oil industry to respond to the
potential nsks associated with used oil
handling. EPA requested comment on
storage standards to address the
potential hazards associated with used
oil. EPA did not propose requirements
for underground tanks used to store
used oil. because the Agency believes
that the current requirements for USTs
in 40 CFR part 280 appear to be
adequate.
Most commenten supported EPA's
basic intent to establish minimum
technical standards for the storage of
used oil. A number of commentera
supported the requirement that all
generators should comply with minimal
technical standards and that there
should be no exclusion for small
quantity generators: however, some
opposed this approach and supported a
distinction between generators based on
the amount of used oil generated. The
majority of commenten requested that
the proposed requirement for daily
inspections should be reduced to
weekly, biweekly, or monthly. A number
of commentera were against the
proposed 50-foot buffer tone
requirement primarily because it would
be impossible for quick lube facilities to
implement this requirement due to the
limited size of their facility and it would
be inappropriate because of the low
Dash point of motor oil. An alternative
lhal was suggested was for facilities to
comply with the NFPA's "Flammable
and Combustible Liquids Code" for
buffer zcnes One commenter suggested
(Sal satellite accumulation areas that
are exempt from the storage standards
be allowed. One commenter pointed out
that a definition and requirement for a
continuously fed tank ia necessary.
9 Secondary Containment for Tanks
EPA requested comment on its
proposal to require Spill Prevention,
Control and Countermeasure (SPCC)-
recommended secondary containment or
to require RCRA subtitle C secondary
containment requirements for
controlling releases and spills of used oil
from aboveground storage tanks at used
oil processing and re-refining facilities.
The SPCC options include berrr.s. dikes,
or retaining walls along with an oil-
impervious floor designed to contain
used oil and avoid significant
contamination of soil and nearby
surface and ground water resources
Most of the commentera agreed with
EPA's proposal to require SPCC-
recommended secondary containment
but were not supportive of also requiring
subtitle C secondary containment
requirements for aboveground storage
tanks. A few comroenters noted that
requiring compliance with subtitle C
would not add a significant margin of
safety compared to the cost of upgrading
the tanks. Conunenlers argued that most
of the aboveground storage tanks are
already in compliance with SPCC and.
with few exceptions, these requirements
have been an acceptable vehicle for
protecting human health and the -
environment. One commenter supported
the measure to require owners/
operators storing used oil In
aboveground storage tanks to comply
with both SPCC and subtitle C
requirements. Their rationale was that
such requirements address different
management issues and are not
unreasonably burdensome.
10. Financial Responsibility
In the 1985 proposed rule, used oil
recycling facilities were to be subject to
the subtitle C financial responsibility
requirements (50 FR 49258). Many
comments that were received on this
proposal suggested that such
requirements would have detrimental
effects on the used oil recycling market.
In the September 1991 Supplemental
Notice. EPA requested comment on
deferring the requirements.
The commenten were nearly evenly
divided on EPA's proposal to defer the
financial responsibility requirements for
used oil recycling facilities. Those
commentera that supported the deferral
indicated that because recyclable used
oil has economic value, there is an
incentive to move as much oil as
possible. These commentera also agreed
with EPA's contention that requiring
financial responsibility would impact
the economic viability of used oil
recyclera.
Those commentera lhal did not
support EPA's proposal to defer the
financial responsibility requirements
questioned the practicality of requiring
recyclera to comply with the closure and
post-closure requirements while not
requiring the financial mechanisms to
ensure that these activities are done. A
few commentera noted that there are 63
used oil recycling sites listed on the
National Priorities List, which indicates
that financial responsibility
requirements are necessary. A state
agency urged EPA to require some level
of financial responsibility because used
oil. when mismanaged, presents as much
nsk to human health and the
environment as any other hazardous
waste.
11 Perrr,r!-By-Rule
In the 1985 proposed rule. EPA useJ
the authority under section 3014 of
RCRA to propose permitting
requirements for used oil recycling
facilities (50 FR 49225,49257). RCRA
section 3014(d] provides that owner*
and operators of used oil recycling
fa ah ties are deemed to have a permit
for their recycling activities and
associated tank and container storage.
provided they comply with the used oil
management standards promulgated by
EPA. Thus EPA proposed that owners/
operators of used oil recycling facilities
would be eligible for a permit-by-rule
eligibility, including those undertaken
by facilities that recycle or store used oil
in surface impoundments and facilities
that manage other hazardous waste in
addition to used oil (co-management
facilities).
Most of the comments pertaining to
the permlt-by-rule proposal were not
supportive of EPA's proposal based on
many concerns. A number of
commentera opposed EPA's proposal
that only those facilities that did not
manage other hazardous wastes should
be eligible. Their contention was that
section 3014 of RCRA did not expressly
state that co-management facilities were
ineligible. A few commentera were
against the permit-by-rule concept
altogether and favored a site-by-site
permitting approach. A few commenters
requested EPA to allow permit-by-rules
only for facilities that handled
nonhazardous oil and require those
facilities that handled hazardous cil to
comply with subtitle C. Some
commentera were in support of EPA's
proposed permil-by-rula requirements
IV. Definition of Used Oil
EPA's 1985 proposal to list used oil es
a hazardous waste included the
following proposed definition of used
oil:
"Uaed oil" means petroleum-derived 01
synthetic oil including, bat not limited to o;l
which is used as a' (i) lubricant (engine.
turbine, or gear); (li) hydraulic fluid (.ncluda>g
transmission fluid); (iii) naetalworlung flu.d
(including cutting, grinding, machining.
rolling, stamping, quenching, and coet:r>g
oils); (w) insulating fluid or coolant ar.d
which is conlamuialed through use or
subsequent management
During the 1985 comment period.
many commentere criticized the
vagueness of the proposed definition.
One issue commentere raised was that it
was unclear from the definition what
constitutes "contamination." The use of
the phrase "but not limited to" also was
challenged. Commenlera contended that
such a phrase could be interpreted to
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41S74 Federal Register / Vol. 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulations
include varieties of oil such as food
grade oils within the definition of used
oil. Commenlere suggested that EPA
specifically list in the definition the
types of oils they intended to regulate.
Anorther point that commenten
disputed about the definition of used oil
was use of the term "or subsequent
management" They pointed out that (he
statutory definition of used oil specifies
contamination only "as a result of use."
not via subsequent management. Used
oils that become adulterated after use
should be subject to management
standards that discourage this practice.
Ccmmenten agreed that used oils
contaminated with hazardous wastes
should be subject to full subtitle C
requirements.
Many commenlers questioned the
basis for including synthetic oila In the
definition of used oil. The statutory
definition of used oil does not explicitly
include synthetic oils: therefore.
commenlers asserted that used synthetic
oils should not be considered "used
oils." Several comments were received
regarding meta!working oils as well.
Commenters requested that copper and
aluminum wire drawing solutions be
excluded from (he definition of used oil.
Copper drawing solution is an emulsion
of 1 to 2 percent oil in water. Aluminum
drawing solution is considered a neat oil
(; e.. 100 percent oil) However, one
commenler stated that aluminum
drawing solution is nonhazardous and
meets the EPA used oil fuel specification
test.
EPA carefully evaluated the
comments referring to synthetic oils.
including those comments where the
commenler submitted data. EPA has
concluded that synthetic oils that are
not petroleum-based (i.e.. those
produced from coal or oil shale], those
that are petroleum-based but are water
soluble (eg., concentrates of
metalworking oils/fluids), or those that
are polymer-type, are all used as
lubricants similar to petroleum-based
lubricants, oils, and laminating surface
agents. Upon use. synthetic oils become
contaminated with physical or chemical
impurities in a manner similar to
petroleum-based lubricants. This
contamination during (or as a result of)
use is vthat makes used oil toxic or
hazardous. Upon collection, these used
oils are not distinguishable from non-
synthetic used oils, except in the case of
segregated, water-based metalworking
oils/fluids. All used oils, in general, are
managed in similar manners (e.g..
burned for energy recovery, re-refined lo
produce lube oil feedstock, or
reconstituted as recycled products).
Therefore. EPA believes that all used
oils, including used synthetic oils,
should be regulated in a similar fashion
and. hence. EPA has decided to include
synthetic oils in the definition of used oil
as discussed below. For the large part
the definition of used oil includes used
lubricants of all kinds that are used for a
purpose of lubrication and become
contaminated as a result of such use.
Today. EPA is promulgating a
regulatory definition for "used oil" at 40
CFR 260.10 as follows:
Uwd oil mean* my oil that bat been
refined from crude oil or any synthetic oiL
that hai been used and aa a result of tuch use
it contaminated by physical or chemical
impurities
This regulatory definition of used oil
is drawn from the statutory definition of
used oil found at section 1004(36) of
RCRA and is similar to the current
definition of used oil found at 40 CFR
266.40(b). EPA believes lhat Ibis
definition covers the majority of oils
used as lubricants, coolants (non-
contact heat transfer fluids], emulsions.
or for similar uses and are likely to get
contaminated through use. Therefore.
specific types of used oils are not
identified in the definition.
The definition includes all used oils
derived from crude oil. as well as used
synthetic oils that are contaminated by
physical (e.g.. high water content) or
chemical (eg., lead, halogens, or other
toxic or hazardous constituents)
impurities as a result of such use.
However, with today's rule. EPA is
interpreting the definition of used oil
contained in the statute to include used
synthetic oils, including those derived
from coal or shale or from a polymer
based starting materials. The Agency
explained its rationale for including
synthetic oils in the definition of used
oils vn the preamble for the November
1985 proposed used oil listing (50 FR
49262). The Agency's position continues
to be that synthetic oils should be
included in the definition of used oil due
to the fact that these oils are generally
used for the same purposes as
petroleum-derived oils, are usually
mixed and managed in the same manner
after use. and present the same level of
hazard as petroleum-based oils. In
addition, the Agency believes that
Congress could not envision how
prevalent synthetic oils would become
when it passed the UORA in 1980.
Congress surely would not have
intended a result where large amounts
of vehicle engine oils are not covered by
RCRA section 3014.
The commenter-submitted data
concerning synthetic oils suggest that
properties of synthetic oils that are
polymer based are akin to oils produced
from crude base stock and can be used
effectively as crude oil substitutes.
When used, they become contaminated
with physical or chemical impurities and
are not readily distinguishable from
used oils that are crude oil based.*
Today's definition does not include oil-
based products used as solvents refined
from crude oil or manufactured from
synthetic materials. The Agency has
always viewed petroleum-based
solvents as wastes separate and distinct
from used oil. In the 1989 proposal for
Land Disposal Restriction Standards.
ignitable liquids encompass materials
like solvents, paint thinners.
contaminated oils, and various organic
hydrocarbon. Some of these have been
thought to contain organic constituents
from the listed wastes F001-F005. (See
54 FR 48420. November 22.1989.)
The definition of used oil promulgated
today does not include used oil residues
or sludges resulting from the storage.
processing, or re-refining of used oils.
EPA believes lhat the types and
concentrations of hazardous
constituents in used oil residues and
sludges are different from those
typically found in used oils, and
therefore these residues and sludges
warrant separate regulatory
consideration. EPA is going to continue
to study used oil residues and sludges,
as well as all of the residuals from used
oil re-refining activities. EPA may
finalize the residual listings proposed in
the 1991 Supplemental Notice or propose
a listing determination for the specific
used oil sludges and residuals in a future
rulemaking. Residuals are covered under
the existing RCRA regulations.
Currently, these wastes are subject to
the hazardous waste characteristics. If a
residue, sludge, or residual resulting
from used oil storage, processing, or re-
refining exhibits one or more of (he
characteristics of hazardous waste, then
it must be managed as a hazardous
waste in accordance with all applicable
Subtitle C requirements. However, as
discussed later in this preamble.
distillation bottoms derived from used
oil re-refining are conditionally exempt
from the used oil management standards
promulgated today, as well as (he
Subtitle C hazardous waste regulations.
when the distillation bottoms are used
as ingredients in asphalt products. In the
September 1991 Supplemental Notice.
EPA proposed to list as a hazardous
waste several residuals from used oil
• A leller from Mobil Corpora lion to EPA dated
Jjly 8.1992 A report by Independent tubncanU
Manufacturer* Auociation. "Waite M.nimizalion
and Watiewater Treatment of Metalworking
Fluids.' 1980
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Federal Register / Vol 57, No 176 / Thursday. September 10. 1992 / Rules and Regulations 41575
processing and re-refining operations
Distillation bottoms were among the
residuals that EPA proposed to list.
Following the 1991 Notice. EPA received
data from several commenters
indicating that distillation bottoms from
the processing and re-refining of used oil
do not fail the toxicity characteristic
EPA has no other recent data on (he
composition or toxicity of these
residuals. In addition, commenters have
indicated that the use of distillation
bottoms as ingredients in asphalt
materials is a very common practice-
Furthermore, distillation bottoms, when
" used as asphalt extender materials, also
may be regulated under the Toxic
Substances Control Act. as applicable
EPA believes, based on the Toxicity
Characteristic (TC) data provided by
commenters. that the distillation
bottoms from re-refining of used oil do
not exhibit the characteristic of loxicity
Therefore, the Agency has deferred a
listing decision for these residuals and
has provided a conditional exemption
from the hazardous waste regulations of
pans 262 through 266. 268. 270. and 124
and the part 279 standards for certain
residuals that are incorporated into
asphalt (40 CFR 279.10t»[4))
V. Listing Determination for Recycled
Used Oil
A General
Section 3001 of RCRA provides the
Agency wilh the general statutory
authority under RCRA for identification
and listing of hazardous wastes In 1984.
HSVYA amended section 3014 of RCRA
by specifically requiring EPA to exercise
its hazardous waste identification and
listing authorities and propose a listing
determination for used automobile and
truck crankcare oils and other used oils
EPA's technical en ten a for
determining whether or not a solid
waste should be listed as a hazardous
M aste are codified at 40 CFR 261.11.
Section 261.11(a)(l) allows EPA to list a
solid waste as a hazardous waste if the
solid waste exhibits any of the
characteristics of hazardous waste
Section 261.11(a)(3) directs that a waste
shall be listed as hazardous if it
contains any of the toxic constituents
listed ir appendix VIII and. alter
considering the following factors, the
Administrator concludes that the waste
is capable of posing a substantial
present or potential hazard to human
health or the environment when
improperly treated, stored, transported.
disposed of. or otherwise managed The
factors to be considered in making tius
determination include toxicity. fate and
transport, mobility and persistence, ana
the bioaccumulation potential of the
constituents in the waste, as well as
plausible mismanagement scenarios (40
CFR 261 ll(a)(3){vii)) and other Federal
and state regulatory actions with
respect to the waste [40 CFR
261 iKaJOHx)].
In making a listing determination for
used oils destined for disposal. EPA
paid considerable attention to the
current Federal regulations governing
the disposal of non-hazardous and
hazardous wastes. EPA published a
final Lsting determination for used oils
destined for disposal on May 20.1992
(57 FR 21524]. EPA concluded that the
existing EPA regulations, especially the
toxicity characteristic, adequately
regulate the disposal of used oils, that
exhibit a characteristic of hazardous
waste Other EPA programs lag, the
recently promulgated municipal solid
waste landfill catena the slormwater
requirements, and TSCA regulations), as
well as other Federal and state
regulations, adequately control die
disposal of non-hazardous used oils thai
do not exhibit a characteristic of
hazardous wasle.
EPA has decided to use a siouUr
regulatory approach for recycled used
oils as the Agency used for used oils
that are disposed. The Agency proposed
in September 1991 that the listing of
used oil as a hazardous waste may not
be necessary if the Agency promulgates
used oil management standards that are
protective of human health and the
environment Commenters who
responded to the September 1991 notice
overwhelmingly supported this
approach, EPA has decided to adopt this
approach and consider the technical
criteria for making a listing
determination, given a universe of used
oils that are managed in accordance
with a protective set of management
standards.
In making a listing determination for
recycled used oils. EPA evaluated the
technical criteria for listing a waste as
hazardous, the fate and plausible
mismanagement of used oils that are
recycled and the impacts of the
management standards proposed in 1965
and 1991 and finalized today. EPA has
determined that used oils that are
recycled do not pose a substantial
present or potential hazard to human
health or the environment when the
used oils are managed properly from the
time they are generated until they are
recycled. As discussed in the next
section of this preamble. EPA believes
that used oil that is recycled and
handled in compliance with the used oil
management standards promulgated
today will not pose serious adverse risks
to human health and the environment
Therefore. EPA is finalizing its decision
not to list used oils that are recycled as
hazardous waste Integrally related to
this "no listing" decision for recycled
used oil. the Agency also is
promulgating management standards for
recycled used oils to assure protection
of human health and the environment
from potential damages due to the
mismanagement of recycled used oils.
B Summary of EPA's Listing
Determination and Rationale for
Recycled Used Oils
As discussed below, the Agency hag
determined that the major potential
risks associated with the
mismanagement of used oils during
recycling can be adequately controlled
through management standards
promulgated under the authorities of
RCRA section 3014. The used oil
management standards promulgated
today are designed to control the
accumulation, storage, transportation.
and general management of recycled
used oils. The management standards
promulgated today protect human health
and the environment from potential
mismanagement of recycled used oils
without imposing undue regulatory and
financial burdens upon the used oil
recycling system. The goal of today's
regulations is to ensure the recycling of
all used oils in a safe and protective
manner These new Federal
management standards address the
major risks (discussed later) identified
by the Agency, associated with
management of used oil eliminating the
need for the Agency to list used oils as
hazardous waste per the listing criteria
provided in S 261.11(a}(3)
Today's decision not to list recycled
used oils is based on the adequacy of
both existing Federal regulations and
today's newly promulgated management
standards to address the potential
mismanagement of used oil. similar to
the basis for the May 20.1992 decision
concerning used oil destined for
disposal. Briefly, used oil
mismanagement and related risks are
controlled under other regulations and
statutes-, in particular, the 40 CFR part
260 underground storage lank (UST)
regulations, the 40 CFR part 112 spill
prevention, control and countermeasure
(SPCC) program, the slormwater
regulations, and the lead phase-down
program. These regulations will be
supplemented by the used oil
management standards promulgated
today for recycled used oils As
discussed in the preamble to the May 20.
1992 used oil regulation, the SPCC
program requires facilities to have a
contingency plan in place to ensure that
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41576 Federal Register / Vol 57. No. 176 / Thursda... Seplpirber 10. '.592 / RJes and Regulations
oil spills are prevented, controlled Ma
containment measures, and responded
to when o.l spills occur and reach
navigable waterways. The UST program
similarly focuses on control and
prevention of oil leaks from
underground petroleum storage tanks
including waste oil tanks. These two
programs are clearly related to the
management standards promulgated
today and cover the used oil universe.
The management standards
promulgated today specifically address
the following major nska that EPA has
identified with past practices in
managing recycled used oil. These are:
1 l-rprvpfr storage. EPA note* that in the
past. j>cd oil was both overaccumulaled and
handled carelessly, resulting in a n jmber of
release incidences, from wed oil storage
uniis These releases have been documented
at off-site processors and re-refiners.*
Today s management standards have
stringent secondary containment and spill
cleanup provisions for used oil processors
and re-refiners. Also, storage of used oil in
unlmed surface impoundments (unless only
Je ntin.xi's amounts of used oil are present)
is banned outrght.
i Hood Oiling EPA has documented
several cases of environmental degradation
thai were caused by oiling roads with
adulterated used o:l Today's management
standards ban the use of used oil for road
oiling and dull suppression purposes.
However. States that currently allow used oil
to be used for road oiling, and/or those Slates
thai want lo set standards to control the use
of used oil as a road oiling agency, may
petition EPA :a allow road oiling in the
individual States
3 AiAi'ifro:icn »uh hazardous tvos.'e In a
number o' documented instances used oil has
been used *>-r - deliberately or madverten'ly
as a earner '.or (Se illegal disposal of
haza.-co-.-s *«s'e. The addition of hazardous
waste, or a.-iteration." results in a more
tox:c .711 \-jre that may be spilled, burned, or
even durrped Today's management
standards jdd.-pu adulteration in four main
waj.»
• The '• tunable presumption" provision
cf 40 CF3 pal 266. subpart E. which cur-ently
applies to used oil burned for energy
r»co\ en, has been expanded to cover all
i.
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Federal Register / Vol 5", No 176 / Thursday. September 10. 19°2 I Rules and Regulations 41577
VI. Final Management Standards for
Recycled Used Oils
.4. General Approach for Used Oil
Management
On November 28.1985 (SO FR 49Z12).
EPA proposed a comprehensive set of
management standards for generators,
transporters and processing and re-
refining facilities that handle and
recycle used oil The management
standards proposed in 1965 were very
similar to the management standards
promulgated for handlers of RCRA
hazardous wastes since the Agency also
proposed to list used oils as hazardous
wastes. EPA received substantial public
comment on the 1985 proposed
requirements. On September 23.1991 (56
FR 48000). EPA published a
Supplemental Notice of Proposed
Rulemaking that discussed the Agency's
recent dala collection activities for the
identification and listing of used oil and
discussed several options for used oil
management standards The intent of
the management standards alternatives
identified and discussed in the 1991
Supplemental Notice was not to replace
or withdraw the 1965 proposed
standards but to set forth options to (a)
clarify or modify certain 1985 proposed
standards, (b) defer selected standards
(eg. financial responsibility), and (c)
add new requirements (eg.
recordkeeping and reporting
requirements for certain generators and
transporters) The Agency requested
and received a substantial number of
comments on the specific approaches
that (he Agency was considering and
that nere discussed in the 1991
Supplemental Notice'
After reviewing and analyzing
comments in response to bo'h the 1985
proposed rulemakmg and the 1991
Supplemental Notice of Proposed
Rulemaking. the Agency is adopting an
approach for the management of used
oils, described below, under which one
set of management standards (with
certain exemptions for used oil mixtures
that contain de minum's quantities of
used oil] will control the management of
used oils that are recycled. The
Agency's basis for setting these
standards includes documented release
and damage information, quantities of
used oil managed by each segment of
the used oil management system, the
adequacy of current management
practices, and the potential economic
' EPA received moic than 800 conmeal* durtai
ilic comment period fur the September 1991
>leiTtmt»l Nonce EPA olio rcaeited oier '.00
nents on the notice after (he aoM of the
7 the
Agency has decided to implement used
oil management standards using a'two-
phased approach. The proposed phased
approach is designed first to develop
basic management standards to address
the potential risks associated with
management (including plausible
mismanagement) practices of used oil
recycling industry, Used oil
mismanagement scenarios include
storage, collection/shipping, and
processing or re-refining At a later date,
as the Agency monitors the
effectix eness of regulatory approach and
receives more information, the Agency
may adopt additional measures as
necessary to address other potential
problems.
The management standards adopted
today are designed to address the
potential hazards associated with
improper storage and handling of used
oil by establishing minimal requirements
applicable to used oil generators.
transporters, used oil processors, and re-
refiners, and off-spccinranon used oil
burners. These requirements are
selected from both the 1935 proposed
standards and the 1991 proposed
alternative management standards.
taking into account public comments, an
assessment of economic impacts on the
regulated community, an assessment of
how the management standards will
impact the market for recycled used oil.
and an assessment of the effectiveness
of today's regulations, combined with
other requirements, in controlling the
risks posed by the improper
management of used oil.
Today's •management standards cover
all used oil handlers and requirements
including detection and clean up of uaed
otl releases associated wilh storage and
transportation, controls on storage.
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41578 Federal Register / Vol. 57. No. 178 / Thursday. September 10. 1992 / Rules and Regulations
analytical requirements to assure that
used oils are not mixed with hazardous
wastes, recordkeeping requirements.
and the existing 40 CFR part 286,
subpart E standards for the rebuttable
presumption of mixing. Today's
requirements also include closure
standards for used oil processing and re-
refining facilities. These requirements
also address hazards associated with
road oiling and disposal practices. The
Agency has previously evaluated
disposal requirements for hazardous
and non-hazardous used oils under
RCRA to protect against potential
hazards from land disposal of used oil in
the context of the Agency's decision not
to list used oil destined for disposal (57
FR 21524. May 20.1992).
After today's rule is implemented.
EPA intends to evaluate the protective
nature of this initial set of requirements
and the efects these standards have
had on the jsed oil recycling market.
prior to developing additional standards
or developing non-regulatory incentive
programs to promote and increase used
oil recycling. After such an evaluation.
EPA may impose additional
management standards at a later date.
EPA will we'gh the increase in potential
environmental benefits against
economic -mpacts prior to developing
and imposing additional RCRA
requirements as required by RCRA
section 3014.
As part of a comprehensive approach
to addressing the management of used
oil. EPA encourages the recycling of
DIY-generated used oils (eg., household-
generated used oils). Currently. DIY-
generated used oils (approximately 193
million gallons annually) are not widely
recycled, in fact. DIY-generated used
oils are often improperly disposed. The
Agency does believe, however, that
since 1985. the recycling rate for DIY-
generated used oils has been increasing
as a result of public and private sector
efforts.1 EPA discussed several non-
regulatory approaches (i.e.. economic
incentives) to encourage DIY used oil
recycling in the 1991 Supplemental
Notice EPA received a significant
number of comments on these
approaches (summarized in Section D of
this preamble). The comments generally
indicated that EPA should not go
forward with the development of
economic incentive programs at this
time, but allow private sector programs
and state-initiated programs to address
1 A funey conducted by the Conventont
Automotive Service* IntdtuM. which WM
undertaken earlier ihii yew. indicate* that half UM
nun have pnvale Meior-operaled Off uted oil
collection program* Alto, non than 30* of the
date* havt public lector-opcntcd DFY uaad oil
collection program*.
the issue of DIY used oil collection.
Since the 1991 Supplemental Notice was
published. EPA has initiated a study of
non-regulatory approaches for
promoting DIY used oil collection. If the
results indicate that incentives can
promote recycling, then the Agency may
address the establishment or use of
incentives for encouraging the recycling
of DIY-generated used oils later.
The management standards
promulgated today contain basic, good
housekeeping standards for the
management of used oil. EPA
considered an alternative approach in
which no management standards would
be issued until the Agency had
developed a comprehensive, nsk-based
management scheme for used oil. which
would address DIY-generated oil. used
oil fuels burned by industrial burners.
used oil transportation, and other used
oil recycling and re-refining actwities.
Although this type of approach may
have the advantage of providing time for
EPA to collect more information on used
oil management practices and avoiding
piecemeal regulation of the industry.
factors in favor of the phased approach
include providing immediate protection
to human health and the environment by
addressing the primary sources of
hazards identified by EPA including.
improper storage, road oiling, and
adulteration with hazardous waste. As
stated above, the 1991 proposed two-
phased approach provides the
opportunity for changing regulatory
provisions (if necessary) in Phase II.
based on feedback from the
implementation of Phase I. EPA believes
that the approach adopted today will
allow for adjustments as problems of
over- or under-regulation are identified
in the future.
B. Recycling Presumption
Vanous authorities are available to
the Agency to control the management
of used oils. RCRA section 3014 provides
EPA with the authority to regulate
generators, transporters, processing and
re-refining facilities, and burners that
handle recycled used oil or used oils
that are to be recycled, regardless of
whether or not the used oils are
identified as hazardous waste. Section
3014 of RCRA does not. however.
provide the Agency with regulatory
authority over used oils that are not
recycled. As stated in the May 20.1992
nilemaking. the Agency believes that
other RCRA authorities and other EPA
and non-EPA regulations adequately
control the management of used oils that
are not recycled.
In the 1991 Supplemental Notice. EPA
proposed a presumption of recyclability
for all used oils. The presumption was
based on industry data which suggested
that once used oil enters the recycling
system the majority of the used oil is
recycled by burning for energy recovery
or some other manner, such as refining.
Under the proposed presumption, the
Agency would have presumed that all
used oils would be recycled, unless a
used oil handler documented that the
used oil cannot be recycled. In the 1991
notice. EPA also proposed several
criteria used oil handlers could use to
rebut the recycling presumption. The
comments that EPA received in
response to the recycling presumption
were very supportive. Commenters
indicated that the recycling presumption
would ensure that used oils remained in
the used oil recycling system. However.
many commenters also indicated that
the criteria that the Agency proposed for
rebutting the presumption are not
necessary, since they argued that all
used oils can be recycled and the
selection of a recycling method depends
on the physical characteristics of the
used oil (eg., water content, level of
contamination) and the corresponding
cost of recycling the used oil.
After considering the public
comments supporting the recycling
presumption, and the difficulties
associated with promulgating and
enforcing the proposed "recyclability
criteria." the Agency has decided that
specific cntena to rebut the presumption
are not necessary. The Agency agrees
with the commenters that the physical
characteristic of the used oil and the
used oil recycling market will dictate the
conditions for recycling of used oil.
However, the Agency has retained the
recycling presumption because the
presumption simplifies the used oil
management system by ensuring that
generators and others may comply with
one set of standards, the part 279
standards promulgated today.
regardless of whether the used oil
exhibits a hazardous characteristic and
regardless of whether the used oil will
ultimately be recycled or disposed. In
other words, the generator (or any other
person who handles the oil prior to the
person who decides to dispose of the
oil) need not decide whether the used oil
eventually will be recycled or disposed
and thus need not tailor its management
of the oil based upon that decision (and.
if destined for disposal, whether the
used oil is hazardous). Rather, the part
279 standards apply to all used oils until
a person disposes of the used oil. or
sends it for disposal.
The recycling presumption will not
apply once the generator or other person
disposes or sends the used oil for
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Federal Register / Vol 57, No 176 / Thursday. September 10. 1992 / Rules and Regulations 41579
disposal. Today's rule does not impose
any recordkeeping requirements on such
persons to demonstrate that the otl is
destined for disposal. Rather, they must
continue to comply with existing
requirements for used oil disposal as
listed in part 279. subpart 1. The used oil
disposal must be done in compliance
with all applicable regulations (i e., the
generator must determine whether the
used oil exhibits any characteristic and,
if so, must manage it as a hazardous
waste}. If used oil is recycled, however.
no characteristic determination is
required, but all parties handling the
used oil must comply with the part 279
management standards.
For used oil processing and re-refining
residuals, a hazardous waste
determination will be necessary when
the residuals are managed in a manner
other than recycling For energy recovery
or when re-refining distillation bottoms
are used as a feed material for asphalt
products (see discussion in Section IV oi
this preamble).
C. Rebuttable Presumption of Mixing for
Used Oil
The rebuttable presumption currently
codified at 40 CFR Z68.40(c) provides
that uaed oil containing more than 1.000
ppm of total halogens is presumed to be
mixed with chlorinated hazardous waste
listed in 40 CFR part 261. subpart D.
Persons may rebut the presumption by
demonstrating that the used otl has not
been mixed with hazardous waste. EPA
does not presume mixing has occurred if
the used oil does not contain significant
concentrations of chlorinated hazardous
constituents listed In appendix VIII of
part 261.
In 1985. EPA promulgated the used oil
fuel specification. EPA set the
specification limit for total halogens at
4.000 ppm. EPA set this specification
limit for total halogens based upon
emission standards modelling results.
EPA also promulgated the rebuttable
presumption of mixing in 1985. The
rebuttable presumption limit for halogen
content was set at 1,000 ppm. baaed
upon probable mixing scenarios. The
Agency believes (due to enforcement
expenence) that used oils exhibiting a
total halogen level greater than 1.000
ppm have most likely been mixed with
chlorinated hazardous wastes.
The Agency wants to discourage all
mixing of used oils and hazardous
wastes. However. EPA understands that
some used oils {e g, metal working oils
with chlorinated additives) may exceed
the 1.000 ppm total halogen limit without
having been mixed with hazardous
waste. In these cases, the generator can
febut the presumption of mixing by
documenting the source of the halogens
and the used oil is subject to the part 279
management standards and is not
subject to the subtitle C management
system. However, even if the
presumption of mixing is rebutted, if the
total halogen level in the uaed oil
exceeds 4.000 ppm, the used oil will not
meet the used oil specification limit for
total halogens. Therefore, If the used oil
is to be burned for energy recovery, and
the used oil will have to undergo further
processing to meet the used oil fuel
specification (to lower the total halogen
level] or the used oil must be burned as
off-specification used oil fuel (in which
case the used oil fuel handlers must be
in compliance with the requirements of
part 279, subpart C). In cases where the
used oil generator cannot rebut the
presumption of mixing, the used oil
generator must manage the mixture of
used oit and hazardous waste as a
hazardous waste (in compliance with all
applicable Subtitle C management
requirements).
In the 1991 Supplemental Notice, EPA
proposed to apply the rebuttable
presumption for used oil fuels to all used
oils. Commenters favored extending the
applicability of the rebutlable
presumption for used oil fuels to all used
oils that are recycled in any manner.
EPA has decided to expand the
presumption to cover all used oils (with
two exceptions, discussed below) and
has amended 40 CFR 261.3 to make the
provision applicable to all used oils.
Under this presumption, used oils
containing more than 1000 ppm total
halogens are presumed to have been
mixed with a halogenated hazardous
waste and therefore must be managed
as hazardous waste. Used oil handlers
may rebut this presumption by
demonstrating that the used oil does not
contain hazardous waste. EPA is
recommending the use of SW-846
method 8010 in rebutting the
presumption of mixing.
In today's rule. EPA is removing the
current requirements of 40 CFR part 286,
subpart E and recertifying these
requirements in the new part 279. as
explained later in this preamble. In the
case of the rebuttable presumption. EPA
is reinstating the rebuttable presumption
as part of (he definition of hazardous
waste at 40 CFR 261.3. The Agency is
amending the definition of hazardous
waste in this manner to clarify that the
rebuttable presumption wilt now apply
to all used oils and that all used oils that
contain greater than 1,000 ppm halogens
must be managed as a hazardous waste.
unless the presumption can be rebutted
EPA solicited comments on the
possible elimination of a distinction
between a 1,000 ppm halogen limit for
rebuttable presumption of mixing and
the 4.000 ppm level for total halogens in
specification fuel. EPA received
favorable comments from the public
EPA. however, has decided not to
address this issue in today's rulemakmg.
The management standards established
today cover basic management practices
and establish 1.000 ppm level for the
rebuttable presumption of mixing for all
used oils. The 4,000 ppm total halogen
limit for specification fuel remains
unchanged for now.
Today, EPA is amending the
rebuttable presumption of mixing to
conditionally exempt two types of used
oils from the requirement to document
the rebuttal. EPA is providing a
conditional exemption for both used
metalworking oils containing
chlorinated paraffins and used
compressor oils containing CFCs
l. Metalworking oils
EPA is providing a conditional
exemption from the rebuttable
presumption of mixing for used
metalworking oils/fluids containing
chlorinated paraffins, on the condition
that these oils/fluids are processed
through a tolling agreement to reclaim
the metalworking oils/fluids. Many
metalworking oils/fluids contain greater
than 1,000 ppm total halogens, not
because they are mixed with chlorinated
hazardous wastes, but due to the
presence of chlorinated paraffins in the
oils/fluids. Today's amendment to the
rebuttable presumption is partially a
clarification, because used
metalworking oils thai are not mixed
with hazardous waste (but do contain
greater than 1,000 ppm halogens) could
have been the subject of a successful
rebuttal. This exemption will relieve
generators of such oils/fluids of the
burden and responsibility of
documenting the source of the halogens
when the generator has entered into a
tolling agreement to have metalworking
oils/fluids recycled. Generators, as well
as other handlers, of metalworking
fluids/oils who have not entered into a
tolling agreement to provide for the
recycling of the oils/fluids remain
subject to the rebuttable presumption
and will have to continue to document
that the oils/fluids are not mixed with
chlorinated hazardous wastes. The
Agency is providing and codifying this
amendment for generators and
processors/re-refiners with tolling
agreements because the Agency
believes that such private arrangements
restrict the handling of the oils/fluids
and provide for a mutual interest in
preventing any potential contamination
of the oils/fluids to assure thai the oils/
fluids can be recycled (i.e. adding
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41580 Federal Register / Vol. 57. No. 176 / Thursday, September 10. 1992 / Rules and Regulations
solvents to metalworking oils would
reduce the value of the used oil as a
metalworking oil—adding solvents may
not reduce the value of the used oil if it
is used as a fuel, but it is possible that it
may be deemed as a mixture of used oil
and hazardous waste if significant
quantities of F001 and F002-halogenated
constituents are detected).
2. Compressor Oils From Refrigeration
Units Containing CFCs
EPA also is amending the rebuttable
presumption to exempt CFC-
contaminaled used oils generated and
removed from refrigeration units and air
conditioning equipment on the
condition that these used oils are not
mixed with other wastes, that the used
oils containing CFCs are subjected to
CFC recycling and/or reclamation for
further use. and that these used oils are
not mixed with used oils from other
sources The remaining used oil must be
recycled appropriately in compliance
with today's standards. The presence of
CFCs in compressor oils removed from
refrigerant units will cause the use oils
to exhibit a halogen level greater than
1.000 ppm. even after the majority of the
CFCs are removed and/or recycled. This
exemption, like (he exemption provided
for metalworking oils, will relieve
generators of used compressor oils of
the burden and responsibility of
documenting the source of the halogens.
Generators and other handlers of CFC-
contammated compressor oils must keep
the used oils thai are contaminated with
CFCs separate from other used oils that
are not exempt from the rebuttable
presumption, since other used oils may
be mixed with chlorinated hazardous
wastes. It is important to note that
although the rebuttable presumption
does not apply to used compressor oils
containing CFCs or used metalworking
oils, these used oils remain subject to
appropriate part 279 standards. For
example, used oils must contain less
than 4.000 ppm total halogens to be
considered specification used oil fuels.
Used compressor oils containing
residual levels of CFCs after the CFC
recycling/reclamation and used
metalworking oils are subject to the
specification limits for used oil fuels if
these oils are destined for burning. EPA
wants to discourage the burning of used
oils with significantly elevated levels of
halogens in space heaters or non-
industrial furnaces or boilers. Pending
further study, the Agency may restrict
the on-site burning of metalworking and
CFC-conlaminated used oils sometime
in the future. All burning of used oil
containing high levels of halogens-must
occur in compliance with the RCRA
regulations established for the burning
of hazardous waste or used oil as
applicable.
D. Summary of New Part 279
As mentioned above, today's action
promulgates management standards for
recycled used oil to meet the legislative
mandate of the Used Oil Recycling Act
of 1980. These standards are a
combination of the 1985-proposed
management standards and the
alternative management standards
proposed in the 1991 Supplemental
TABLE VI.1.—USED OL
[Genera ettndardsl
Notice. The detailed discussion
concerning applicable requirements is
provided under individual categories of
used oil handlers; Tables VLl to V1.7
give specific regulatory citations for the
individual management standards
contained in today's rule.
1. Applicability
a. General. As Indicated in the 1991
Supplemental Notice, the used oil
management standards promulgated in
today's rule will be codified in a new
part 279 of Title 40 of the Code of
Federal Regulations. The regulations In
part 279 apply to all used oils, regardless
of whether or not they exhibit a
hazardous waste characteristic. The
management standards promulgated
today apply to household-generated and
do-it-yourself (DIY>generated used oils
only when these used oils are collected
and aggregated. Such used oils may be
collected and aggregated at individual
privately-owned or company-owned
service stations with DIY oil collection
programs, auto centers or other stale or
local government-approved, community-
based used oil collection centers.
Today's requirements cover all used
oil handlers and all types of used oils.
Table VI.l summarizes the general
standards. EPA believes that all used
oils, once generated, must be stored
properly and must enter the used oil
recycling system. In addition, as
discussed below. EPA presumes that all
used oils are recyclable either as a fuel
or a feedstock.
Requrement
lor CFC and mei-
Recycling presumption .
Mature* ot used at «rtH hazardous •«
RebuttaMe presumption lot used at
Excepoone from reDuttaMe presumpsgr
anMXkmg ato.
Matures at used 04 with norvhazantaui
Morbjfss 01 used ori with products _.•«
Materials derived tram used oi _ —
Conditional ••T>IIP"^JI—***flf.
} 270.10(1).
I27910W
1279 lOtelO). 1279 I0(h). and 1279.20taX2).
12791001.
127911.
|279.12<«l
127912ft).
27912(c).
b Recycling presumption. The
management standards in part 279 apply
to all used oils that can be recycled.
EPA presumes that all used oils are
recyclable and. therefore, all used oils
must be managed in accordance with
the management standards promulgated
today. In the event a used oil handler
disposes used oil on site or sends for
disposal, the handler must comply with
the applicable regulations (e.g..
determine whether the used oil exhibits
any characteristic of hazardous waste
and if it does, must manage the used oil
as a hazardous waste]. This provision is
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Federal Register / Vol. 57, No. 176 / Thursday, September 10, 1992 / Rules and Regulations 41561
codified today as subpart I of part 279
See section VL B. for additional
discussion.
The commenters to the 1981
Supplemental Proposal overwhelmingly
favored implementation of the recycling
presumption. However, many
conunenters staled that the criteria
provided for rebutting the recycling
presumption (e.g., water content BTU
value) would be difficult to comply with.
and therefore EPA should not develop
such criteria. In addition, commenters
stated that all used oils are recyclable
and the extent of recycling depends on
the coat to generators. For example, if
the used oil is actually a mixture of oil
and water, then the cost of recycling (he
mixture would be higher than recycling
used oil that is straight out of engines or
from raetalworking operations. Upon
further evaluation of comments, the
feasibility of applying these criteria for a
rebuttal, and the analytical requirements
accompanying the proposed criteria, the
Agency decided against finalizing the
specific criteria for rebutting the
presumption of recycling. The Agency
believes that recycling is a more viable
alternative than disposing of used oil as
a characteristic wasU. Therefore, used
oil handlers will react to market
conditions, thus selecting recycling over
disposal. The Agency therefore has
decided to rely on the decision to
dispose used oil as a de facto criterion
for rebuttal of the recycling presumption
promulgated today.
c. Mixtures. The following section
discusses management of mixtures of
used oil and used oit-conlammated
wastes. Used oils mixed with other solid
wastes or with other materials (e.g.,
virgin fuel oil) are regulated as used oil
under the part 279 standards.
/'. Mixtures of used oil and hazardous
waste. Used oils that are mixed with
listed hazardous wastes are subject to
regulation as hazardous waste under 40
CFR parts 262 through 260.266.270, and
124. Used oils that are mixed with
characteristic hazardous wastes may be
managed as used oils under pert 279 if
the resultant mixture does not exhibit a
characteristic. In addition, used oils that
exhibit a hazardous waste characteristic
(e.g, tgnilability or loxiciry} by their own
nature and are not mixed with a
hazardous waste may be handled in
accordance with today's part 279 used
oil management standards and are
exempt from (i.e.. not subject to)
additional Subtitle C requirements, if
(hey are recycled.1
Mixtures of used oil and hazardous
wastes generated by conditionally
exempt small quantity generators
regulated under 40 CFR 261.5 are subject
to regulation as used oil. The hazardous
waste from a conditionally exempt
generator when mixed with used oil
generated by this entity, may cause the
used oil to exceed the halogen limit
under the rebuttabte presumption of
mixing. This mixing has been
permissible since 1985 under 40 CFR
260.40(d][2) when used oil mixed with
hazardous waste generated by a small
quantity hazardous waste generator is
burned for energy recovery. The existing
requirement is recodified at 40 CFR
279.10f.bK3) today.
//. Mixtures of used oil and other solid
wastes. EPA encourages the separation
of used oils from used oil/solid waste
mixtures and from used oil-
contaminated materials prior to
management of the mixture. Used oils
separated from mixtures containing
other solid wastes should be recycled in
accordance with the standards
promulgated today. Used oils that have
been separated from mixtures with other
materials or solid wastes are subject to
the management standards of part 279.
For example, used oils recovered from
oil filters, industrial wipers and other
absorbent materials, and used oils
recovered from scrap metals are ail
subject to the part 279 used oil
management standards when they are
recycled. Commenters were in favor of
requiring proper management of wipers
and sorptive materials contaminated
with used oil. as long as the used oil has
been removed and no free-flowing oil
remains associated with the solid waste
mixture.
In the September 1991 Supplemental
Notice. EPA proposed a one drop test
for determining when there is no free-
flowing used oil remaining in a mixture.
The Agency has decided against using
the one drop test, because EPA is unable
to address the question of how to
determine when one drop is formulated.
Instead, the Agency decided to apply a
free-flowing concept to mixtures of used
oil and other solid wastes. The used oil
from such mixtures, when subjected to
mechanical pressure devices such as
cloth wringers/squeezer* or gravity
draining, can easily be removed so that
no free-flowing oil remains associated
with the other solid waste(s). Therefore,
EPA has decided to apply the concept of
no free-flowing oil, rather than a one
drop test EPA encourages the handlers
• The Agency n currently evaluating teveral
nptloni lo change the haurdou* want
identification program (tee $7 FR 214SO May 20.
19921 Depending upon which optionfi) ihe Agency
pnomulgBlea for haunloui mile identification, ihe
mixture rule «< I Z81J may be altered or abolished.
Hence, the regulation of uted olli thai are nixed
with haxerdout wane* may change
of used oil and other solid wastes to
remove used otl to the extent possible
such that there is no visible sign of free-
flowing oil in the remaining solid waste.
The storage and handling of the
mixtures prior to the separation of the
used oil must be in compliance with the
management standards for recycled
used oil promulgated today. If any used
oil that is removed from a mixture
cannot be recycled, the generator of the
used oil must manage the used oil in
accordance with the disposal
requirements of part 279. subpart I.
Materials from which used oils have
been removed must be managed safely
and in accordance with all applicable
RCRA regulations upon removal cf used
oil.
in. Mixture ofignitable solvents and
used oil. In the 1991 Supplemental
Notice. EPA requested comments on
whether the Agency should allow
burning of mixtures of used oil and
characteristic waste (i e.. waste
exhibiting characteristics of ignitabilit)}
such as mineral spirits as a used oil fuel.
The commenters slated that the burning
of such mixtures can be performed in
compliance with the used oil fuel
specification requirements. The
commenters also pointed out that
mineral spirits, petroleum distillates are
used in place of halogenated solvents as
cleaning agents, degree sing fluids or
part-cleaning solvents in automotive
and vehicle maintenance industry and
metalworking operations. The mineral
spirits, petroleum distillates are then
mixed with used oil lo eliminate the
characteristic of igni(ability and then
sent off-site for recycling as a used oil
fuel. Based on the available data, the
Agency has concluded (hat the mixing to
manage igmtable solvents appears to be
acceptable, provided the characteristic
of igmtabthty of the tgniiable solvents is
removed.
EPA believes that if the solvents are
hazardous only because of ignitability.
and are not listed in part 261, subpart 0.
and do not exhibit the toxicity
characteristic, then mixing (he solvents
in with used oil should not affect the
chemical constituents or other
properties of used oil. The solvents in
question (I.e., mineral spirits) are
petroleum fractions, are typically used
by the same businesses that generate
used oil. and are managed in a manner
similar to used oil, i.e.. burning for
energy recovery or distillation lo recover
the solvent As such, efficient and sound
management can include mixing with
used oil by used oil generators, and
management by used oil processors and
re-refiners. If the mixture exhibits the
characteristic of ignitability. however.
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41582 Federal Register / Vol. 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulations
this can mean thai the mixing haa
changed the natuie of hazards involved
in managing the used oil and this
mixture should remain subject to
hazardous waste controls,
d. Used oil fuels. Since the final used
oil burning and blending rule was
published on November 29.1985. used
oils burned for energy recovery have
been regulated under 40 CFR part 286,
subpart E. Today's rule removes subpart
E from part 260 and incorporates (with
minor modifications) the existing
management standards for used oil
marketers and burners (including the
used oil fuel specification) Into part 279.
Used oil burned for energy recovery Is
subject to regulation under subpart C of
part 279. unless the used oil Is mixed
with hazardous waste. Mixtures of used
oit and hazardous waste that are burned
as fuel for energy recovery In an
industrial boiler or furnace will continue
to be subject to 40 CFR part 266. subpart
H. the standards for hazardous waste
burned in boilers and industrial
furnaces.0
(Note: Used oils that are identified as
hazardous wastes may be burned for
energy recovery in compliance with part
279 instead of 40 CFR part 266, subpart
H. provided the used oil fuel is
hazardous solely because it exhibits a
characteristic of hazardous waste by ils
own nature or was mixed with
hazardous waste generated by a
conditionally exempt small quantity
generator regulated under 40 CFR 261.5.)
e. SPCC Program. Today's rule
regulates the storage of used oils in
aboveground tanks and containers.
Used oils stared in underground storage
tanks remain subject to the standards of
40 CFR part 280. Under section 311 of
the Clean Water Act. EPA has
promulgated regulations for the
prevention of oil spills into navigable
waterways These rules are known as
the Spill Prevention Control and
Countermeasure (SPCC) regulations and
are codified at 40 CFR part 112. The
SPCC requirements apply to non-
transportation-related facilities located
in the proximity of navigable waters;
they cover facilities with underground
storage capacity over 42.000 gallons,
aboveground storage capacity greater
than 1.320 gallons, or single tank
capacity of 660 gallons. The SPCC
definition of oil is very broad and covers
all petroleum and oil product-storing
facilities handling waste oil. fuel oil and
"oil refuse;" therefore, persons and
facilities storing used oil may already be
subject to the SPCC regulations. The
used oil facilities covered under the
SPCC regulations will continue to be
subject to those requirements
independent of the used oil storage
requirements promulgated today for the
used oil industry participants.
The SPCC regulations are designed to
address prevention of oil spills and the
associated contamination or threat of
contamination of surface water.
However, the regulations do not
specifically address the mitigation of
discharges that contaminate soil and/or
ground water without posing a threat of
contamination of surface waters. In
addition, the National Oil and
Hazardous Substances Contingency
Plan (NCP) at 40 CFR part 300 requires
removal of oil forming a sheen on ,
surface water but does not require
cleanup of oil-contaminated areas that
do not pose a threat of contamination of
surface waters. EPA believes that
approximately 50 percent of the used oil
generator universe, most of the used oil
transporters and processors and re-
refiners, and more than half of the off-
specification used oil burners are likely
to be covered under the SPCC program.
EPA also believes that less than 10
percent of the used oil industry
participants are excluded from the SPCC
program because they are not located in
the vicinity of navigable waterways.10
When today's used oil management
standards become effective, the
aboveground used oil storage and
processing tanks and containers located
at used oil transfer facilities owned or
operated by used oil collectors/
transporters, used oil processing and re-
refining facilities, and off-specification
used oil burner sites will be subjected to
the RCRA section 3014 requirements.
These used oil handlers also will be
subject to the applicable SPCC
regulations in 40 CFR part 112.
f. Storage in Underground Tonka.
Used oil handlers who store used oil la
underground storage tanks (USTs) "
• Uied oil lhai >i mixed with hazardou* WMlet
and it incinerated del. burning doet not include
energy ftcoveryl mutt be incinerated kn umti dial
are m compliance with mbpan 0 of 48 CFR putt
2M/20S Any uied oil that Is Incinerated m anlM
regulated under pani 284/281. lubput O. BUM bt
managed in accordance wilt) all applicable put 179
rtQuiiemeno oner to tla Incineration
'• See the background docunaol pertaining to
how the eoeta and beneflta of loday'i rule wen
derived for a hither e»plana ban e/ how many
faaHttm ere oat cabtad to the SPCC raqaumenw.
The background document it ivultbb m toe deckel
far loday'i rule.
" In 40 CFR 280.11 underground ilorege tank la
defined aa any one or combination of tanki thai M
uted to contain an accumulation of regulated
•ubaiancm. and the volume of which (Including the
volume of underground pipe* connected thereto) la
ten percent of more benead) (he furftoe of the
ground
must comply with the standards in 40
CFR part 280. The technical standards
for USTs. including USTs that are used
to store used oils, were promulgated
after the 1985 proposed used oil
management standards. The Agency
stated in the preamble to the UST final
rule (53 PR 37112) that used oil. when
stored in underground tanks, presents
risks similar to other petroleum products
stored in USTs. As a result. EPA
determined that owners and operators
of used oil USTs must comply with the
standards promulgated for petroleum
USTs.
g. Conditional Exemptions
i. Distillation Bottoms from Re-
refining of Used Oil. As proposed in
1965, EPA is promulgating an exemption
from the part 279 standards for
distillation bottoms derived from used
oil re-refining processes on the condition
thai the distillation bottoms are used as
ingredients in asphalt paving and
roofing materials. Commenters have
indicated thai the use of distillation
bottoms to make asphalt paving
materials is a common practice.
Commenter-submitted data also indicate
that distillation bottoms from re-refining
processes do not exhibit the toxicity
characteristic, and the Agency has no
data to refute this claim. Therefore. EPA
sees no reason to prohibit or restrict the
use of re-refining distillation bottoms in
the production of asphalt materials and
is therefore excluding used oil residuals
used in this manner from the definition
of hazardous waste.
/;. Inserting of used oil in crude oil or
natural goa pipelines. Several
commenters. in response to the 1985
proposed management standards,
requested that EPA exempt upstream
crude oil operations from the used oil
management standards. These
commenten believed that the practice of
returning used oil to the refinery through
the crude oil pipeline affords a high
level of protection to human health and
the environment, and additional
requirements are unnecessary. Some
comraeniers suggested that natural gas
processing plants who may introduce
used oil in the natural gas process
stream should be exempted as well
In response to these comments. EPA
agrees that once Introduced to a pipeline
at crude oil or natural gas processing
facilities, the possibility of releases to
the environment is not greater for used
oil than for crude oil and. therefore, is
providing an exemption from the
management standards for used oils that
are placed directly into a crude oil
pipeline. Similar exemption is provided
to the owners/operators of natural gas
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Federal Register / Vol 57, No ire / Thursday. September 10. 1992 / Rules and Regulations 41563
processing plants may choose to
introduce used oil generated on site into
a natural gas pipeline. The exemption
applies to such used oils after the used
oils are placed into the pipeline. Prior to
being placed into a crude oil pipeline.
the used oils are subject to all
applicable used oil management
standards promulgated today as part of
part 279, Including all used oil storage
requirement*, because at that point the
used oil could be released through leaks
or spills, as could any other used oil.
///. Used oH/diesel fuel mixtures.
Some used oil generators blend the used
oil* they generate from the dlesel-
powered vehicle* they own or operate
with dieael fuel for use In these vehicles.
As EPA explained in the 1985 proposed
rule (SO PR 48220), this blending should
result in fuel that Is very low in toxic
contaminants. EPA also explained in
1985 that mixing of used oils with diesel
fuel is often recommended by diesel
engine manufacturers. In addition, data
available to EPA suggest that used
diesel engine crankcase oils are quite
low in contaminants as generated. Since
diesel fuel is itself typically low in toxic
metals, a dilution ratio thai assures a
high concentration of diesel fuel to used
diesel crankcase oils would seem to
ensure the resultant blended fuel will
meet the used oil fuel specification. EPA
also believes that such blending is not
done on a very frequent basis and the
resultant blended fuel Is kept on site for
use in the generator's own vehicles.
Therefore, EPA is exempting this
activity from the processing and re-
refining facility standards of part 279 for
generators who engage in this practice
on-9 ite and use the resultant fuel only in
their own vehicles. Such generators are.
however, still subject to the generator
standards of subpart C of part 278. prior
to mixing the used oils with die«ei fuel
and the resulting fuel must be managed
m accordance with the used oil fuel
specification regulations.
iv de mini mis wastewater mixtures
As proposed in 198$. the Agency has
decided to exempt wastewaters
contaminated with de minimis
quantities of used ort from the part 279
requirements These wastewaters are
covered under the Clean Water Act
regulations. The majority of commenters
supported such an exemption. EPA is
today finalizing the definition for de
minimis quantities of used oil that was
p-oposed in 1985- "small spills, leaks, or
dippings from pumps, machinery, pipes.
aid other similar equipment dunng
normal operations or when small
aunts of oil are lost to the
istewater treatment system dunng
shmg or draining operations " Aa
discussed above, used oils recovered
from wastewaters, however, will be
subletted to the part 279 used oil
management standards and must be
managed accordingly. In addition. If
such wastewaters are discharged to a
surface water, the wastewater must
meet all applicable NPDES limits
promulgated under section 402 of the
Clean Water Act Wastewaters
discharged to POTWs must meet the
applicable pretreatment standards
established pursuant to section 307(b) of
the Clean Water Act
v. PC&contamincted aged ails. Used
oils that an contaminated with PCBs
and regulated under 40 CFR part 701 are
not subtext to the used oil management
standards promulgated today as 40 CFR
part 279. The Agency believes that the
current requirements in part 761 for
PCB-ccntaminated waste* adequately
control the management and disposal of
used oils containing PCBa.
vi Used Oils sprayed onto coal. When
used oils are sprayed onto coat to
suppress dust during the transport of
coal, the used oil/coal mixture destined
for energy recovery ia considered a used
oil fuel and is regulated under part 279
subpart C. However, used oils that
remain in containers (including railroad
tank cars and trucks) after the removal
of the coal must be managed in
accordance with all applicable part 279
standards.
h. CERCLA Liability Exemption and
Itt Applicability to Service Station
Dealers. Service Station Dealers (SSDs).
as defined by section 101(37) of
CERCLA. wUl become eligible for the
exemption from CERCLA liability for
recycled oil as a result of today's rule.
provided that they meet the
requirements of section 114(c) of
CERCLA. The exemption is limited to
generator liability under section
I07(a)(3) of CERCLA and transporter
liability under section 107{a)f4): it does
not cover owner and operator liability
under section 107(a)(l) and (2). The
exemption applies to liability for
injunctive relief under section 106(a) and
for cost recovery under section 107. In
order to qualify for the exemption, an
SSO must meet the following
requirement of sections 114(cl and
101(37): (1) The SSD must be in
compliance with the used oil
management standards that EPA is
promulgating today, discussed in
sections V1.D.2 and V1.D.3. respectively.
of the preamble; (2) the used oil must not
be mixed with any other hazardous
substance: and (3) the SSD must accept
• do-it-yourself generated used oil for
recycling Further, the exemption applies
only to "recycled oil" as defined in
section 1004(37) of RCRA.
The used oil management standards.
in particular, include corrective action
requirements for uaed oil releases after
the effective dale of the rule (La,
response to used oil releases). The SSO
must comply with these and with odksr
applicable requirements. i.e- the part
280 standards for underground storage
tanks, and part 112 standards for
aboveground containers and tanks, as
appropriate. In addition, the SSO
complying wtth die corrective action
requirements for underground storage
tanks naed for uaed oil storage wiB
become eligible for the exemption. The
exemption is not available for the SSO's
own facility.
SSDs becomes eligible to assert the
exemption oa the effective date of the
used oil regulations under section 3014
of RCRA that include, among other
provisions, a requirement to conduct
corrective action to respond to any
releases of recycled oil under subtitle C
or subtitle I of such Act (See CERCLA
section 114(c)(4).)11 Today's rats*
provide for corrective action bjrercs*-
referenring subtitle I for releaeea from
underground tanks and the part 112
regulations for aboveground SPCC
tanks. For containers and other
aboveground tanks, today's rule
establishes new requirements for
responding to releases under RCRA.
section 3014. a subtitle C authority. In
non-authorized States, the rules became'
effective (insert date A months from
publication). In authorized State*, the
rulea will not become effective until the
State adopts rulea under Its own
authorities. Prior to State adoption, an
SSD may be eligible for the exemption if
itran demonstrate TOmptifltf* with
EPA's regulation*, to bom authorized
and non-authorized states, after the
rules take effect EPA would generally
not pursue an enforcement action
against SSD for which the exemption
potentially applies unless it Ba* reason
to believe that the SSD 1* not complying
with the section 3014 regulations, or fails
to meet any other conditions of CERCLA
section 114(c) and 101(37). EPA will
determine whether a CERCLA
enforcement action is appropriate on a ^
case-by-case basis. EPA's
determination, of course, ia not binding
on other persons, including states, that
might bring an action under CERCLA. In
such cases, the SSD may have to show
1' The Comprehensive Environmental Retponu.
Compenuhon. end Uibillty Act at t*BO (Superfund)
[Pub L 99-410) ai amended by The Superfund
Amendment* and Reitithonzaiion Act of 1966 |Pub
L 99-4991. December 1966. p 71
-------
41584 Federal Register / Vui 37 \u 'i"S / ihurscSa>
s and
that it has complied with I he used oil
management standards and met the
other conditions of section 114(c} and
101(37] through record or other means
Aa mentioned above,-EPA has
determined today that SSDs must follow
existing regulations pronwigated under
Subtitle I of RCRA to respond to
releases of recycled oil from
underground storage tank* (USTi). SSDs
and other owners of underground tanks
had to begin complying with truss
regulations in 1989. The exemption for
SSDs. however, could not take effect
until EPA determined that compliance
with these regulation* would satisfy
section 114(c) of CERCLA. b authorised
states, the states themselves mas* adopt
regulations governing underground
tanks. White EPA encourages the slates
to rely on the subtitle I rales, the states
may adopt more stringent requirements.
Hence. EPA believes that the standards
for underground tanks do not "take
effect" for the purpose of the section
114(c) exemption in an authorized stale
until that state adopts used oil
management standards under its own
authorities.
Finally, section 101[37){Q of CERCLA
provides (hat the President shall
promulgate regulations further defining
"service station dealer" pertaining to the
"significant" percentage of gross
revenues from motor vehicle fueling.
servicing including lube and tune up. or
repairing activities provided to the
public on a commercial basis. The
legislative history states, To prevent
the creation and use of 'service station
dealerships' as a front for hazardous
waste management firms or oomneraal
generators of hazardous substances that
want the benefit of this exemption front
liability, a signtncimt paneatage of the
business' gross revenue mat be derived
from the fueling, repairing, or servicing
of motor vehicles. Business operations,
such aa large relay establishments or
car and track dealerships that have a
legitimate, commercial automotive
service component, are intended to be
covered by this definition. However, a
retail establishment that does not derive
revenue from fueling, repairing, or
servicing motor vehicles does not
qualify under this definition. To the
extent establishments that do not
qualify under this definition produce
large quantities of used oil, they are
T*at£ VU.—USED On.
(Ganmarssjndvdi]
industrial generators and are to b«-
treated tike other genera tors.">J
2. Standards for Used Oil Generators
a. Applicability. The standards for
used oil generators have been
promulgated as subpart C of part 279.
Table VI.2 lists applicable requirements
and provides regulatory citations. These
standards apply to used oil generators
as defined In subpart B of part ZTSv. A
used oil generator is any person, by site.
whose act or process produces used oil
or whose act first causes used oil lo
become subject to regulations. For
example, generators include all persons
and businesses who produce used oil
through commercial or industrial
operations and vehicle services.
including government agencies, and/or
persons and businesses who collect
used oil from households and "do-it-
yourself" oil changers. Household "do-
it-yourselfer" used oil generators or
private individuals who generate used
oil through the maintenance of their
personal vehicles are not subject to the
used oil generators standards.
•• K fa*. N*. 9B-au, MI Coa* a*Se*rfnat|.
•tias.
UM0 orient
MM*** of used at tnt ami M..
Type pfVMgft unto
Good owMon Mbow yound tsrttai end
t>"8 t* lanta and comafun.
NW-.
I27MOM.
J27W1.
cm-*»
SPOC raqmrarMMh. ndulng tpA OMMnSon and eonM _
UST reomnena. ndudng corracffrt action and BnancMtf
My
Aocumustnn hnl _ , .
I27U2M.
(279.23.
I27SJ4.
40CFRpartiM.
Cotscaon Canttn
Oo*t«rte«ar eolaesan esnkm -.
Used al oatacoon (
amgmaniMki
Htm-
137*32.
The Agency has decided to regulate
aU used oil generators under one set of
minimum management standards.
Today's rule does not exempt any class
of generators based upon a generation
rate. In the September 1991
Supplemental Notice, FPA proposed to
eliminate the regulatory distinction
between small quantity and large
quantity used oil generators [the Agency
had proposed such a distinction in the
November 1985 proposed rulemaking).
The majority of commenters who
responded to the September 1991
Supplemental Notice on this issue
supported the proposed elimination of
the regulatory distinction for generators.
In the 1991 Supplemental Notice.
while proposing lo cover all used oil
generators under the RCRA section 3014
management standards, EPA discussed
the advantages of such an approach to
the regulated community, regulating
agencies, and do-it-yourself used oil
generators. The major advantages that
EPA envisions are as follows. Such an
-------
Federal Register / Vot 57. No. ira / Thursday. September 10. 19S2 , Rules and Regulations 41585
approach minimizes complexity by
placing all used olLgenerators under
uniform regulatory requirement* it
ethmnates the i
quantities of used ottapscted and
stored each month: Ifasfibates the
concern* that genersjHJtwald be
bumped into a more>iMH^eBt regulatory
category if the colleetr^
used ode and above afl. H afhnrs for a
system wtweby all used oil if collected.
recycled, and managed in an
rouucum uBdvos nj ninDflxi oeHui sso
the envfanament Another major
advantage, n discussed eaiBet ID
section V D.li.. ts that approxfamtaly
30.000 a«adotf guuuatuta wfcaaea* the
CEMXAeeefJeelMfef
deflnHluB ejeoitfy far nWHabflRy
uaedotiairiuMtntfywKh the seed otf
Tnanegemenl standards. bidonBsj
corrective action (/.a. osed 08 spffl
response and dean op reqiureannts).
EPA decided agahwt ptimUfag a small
quantity generator exemption for Ihe
foBowing reasons:
• The generator standards established
today era bade and minimal good
housekeeping practices met inchjee
inaintatassi afl tanas aad cnatasssrs hi geed
They an •obetaatially loss lhaelfinea
proposed In UU and IBM.
• Large gsnoia tors who use tanks that
exceed the capacity tails snd other
Mas established under the SPCC and
UST
and i
>qu
an sMbieet to Ihe
prograau.'n
prolectioa
sti
titei appraprialely beyond the baste
standards contained In today's rob.
• Tto collection of DIY-aenentedvsed'oil
would be QBCovaead due to me tBherenf
conoera far generators of bong banned tato*
a higher category («#. tf ea eaaaspaea) was
jet at 100 kg/aw, seswnton wowkJ be
unwilling to accept DIY-feneaftsd osed eiai
because of the concern thai the sdrtlttnesl
quantities of used oil warid asuene Ihi in to
comply with the maaasjssaaat standards).
Generators may
used oil generation
that they qualify ~
probable ma
ivuucds or
used ail to show net I
quantity of used oil iheUa Isse i
quantity linul (or -ffr*~ng e I
used ad generator.
• An extensive education sad outreach
program would be necessary to explain the
interface between dwased ofl generator
exemption end the C8RCLA UabUNy
exemption.
• Existing erisBMneejBnsBftl precoiCBs at
certain gsneranr sites would
resulting In ongoing risks to tiisnm health
and the environment.
• A* discussed in SedSonX of this
preamble, the costs of compliance are
reidti'.e'.y small on a per facility basis, even
though total costs to generators may be 39 to
66 percent of the total costs to the regulated
community.
b. Used oil generated on ships. In the
case of used oils generated by ships or
vessels (ae defined In 40 CFR 280.10).
these wed oik are not subfect to the
used oil management standard* until (he
used ofle are tnntported ashore. When
used oils arc removed from a ship or
vessel and taken ashore, me owner or
operatorof me ship or vessel and the
person or pereant removing or accepting
theeeedoUfrosBmeveeaelareco-
gea«re*9noftousedoaandbe*h
parties eve tevpeawiDiB so? saaaMgasBj QMS
used oitti aoeavdeaee wwJi tfce need ofl
iteaobpavtCefpart
of rabpart C. BHce srsrtar that i
uaed od but does not contain 1
hazanksaa wvata wnen bfovght aahoto
must be managed In compliance wtth
the generator staodarda m today's nde
pnor to subtectBsg it to aepsm
thai use oii/emler separators. Bilge
water confeininj bMad buardoos wes
is subiect to RCRA subtitle C
regulations oace brooght aafaore. BPA
water ore not generally stored tor eo
extended period but ore, processed soon
after their arrival on the soon. After
bilg*
CO!
bemamtainedki
oil
t water oust be
managed i> acTordanne with the
applicable RCRA regesatieats and aary
discharged issue** to applicable
Clean Water Act regulations. (Sea
Si 279.10(e)|3) and 27BJO(aKlM
c. Management of Materials
Contaminated with Uaed OiL As
discussed above, used oil that ie mixed
with a nazardotia waste must be
managed as a hazardous waste in
accordance with all applicable RCRA
requirements. Persons who generate
mixtures of used oil and other materials
or solid wastes («.*. used oil filters,
rags, sorptive mituraU, sorbeot
materials, scrap owtela) ore subject to
part 279. Used oil removed from
mixtures must be Tnnafl*f* in
accordance with the requirements el
part 279 and either sent off-site for
recycling or reused on-site. If die used
oil removed from the mixture cannot be
recycled, the generator must comply
with the requirements of subpart I of
part 279 for dtopoiH of the used oil
Mixture of used oil and solid waste (Lg~
natural or synthetic sorbent materials)
from which used oil can not be
separated when b'enth«
material cu be managed as a solid
waste.
d. On-Sib Mntttigpnent of Otad-OS
As discuaaed above, generaioa who
blend" used oH with diasel hid for use in
their own vehicles need not manage the
used oil/dkael fuel mixture in
accordance with the generator
requirements of part 27ft, EPA believee
that used oU/dlesel nssf oiizhusi should
be stared properly to ensure i
possible spflla, fire, and expt(__
hazards. Prior to mixing wAoVef &teL
these used oOs are subject to I
278 generator standards. I
may use such a mixture in their own,
vehicles.
Used off generators who dispose of
used oil onrsile must test the used oil or
apply their kaoariedge tot ____
whether or not dk asedoil exhibits • .
haxardoue vfaate Gbetactatiabjc lithe)
used oil exhibits a cbswtacistfeef.
hazardooB waste, the used otjawatlha
disposed hi acccrdimcH wibl qjf
disposbig ussdtofl m*t -9J
recvded napaerarnr ...... 1 1 ijaaalj
79. i iliflnj to
used oils. Used oil ge
to standards
re-ceflnere
pro
aite are subject
proceasors/re-c
d today. —
e. On-Si* Staraae. Uaed oil
generators on required to store used oil
in tanks or containers and must
maintain all tanks and containers IB
good operating condiwna In maintaining
all *nnr:t »««t containers in good
condition, generators must aasare nW
all tanks afM< I:'n1*tnmrm ore free of any
visible spills or leaks, as weU as
structural damage or detarioratica.
Generators storing used oil in
aboveground tank* and container* oust
clearly Use! all tanks snd containers
with the'strm "used oU." Generators
who store used oil m underground tanks
must label all Ml pipes with the words
-------
41586 Federal Register / Vol 57. No 176 / Thursday. September 10. 1992 / Rules and Regulations
"used oil." The labeling requirements
are meant to assul generator employees
in identifying all tanks tod containers
used to store used oil ao4 to avoid
unintentional mixing.
proposed rule. EPA soUkflfl sjument
on a requirement to labafdTneed oil
tanks and containers wijfcriBv words
"recycled oil." Commenten
overwhelmingly responded (hat such a
term would be confusing because tanks
and containers are used to store used oil
before it is recycled. Therefore, the
majority of commenters favored labeling
used oil storage units wfth the words
'•used oil."
Used oil generators who are covered
under the Spill Prevention. Control, and
Countermeasnre (SPCQ program wtfl
continue to be subject to the
requirements of 40 CFR part 112.
Similarly, generators storing used oil m
underground storage tanks (whether or
not the used oil exhibits any
characteristics of hazardous waste)
must comply with the standards in 40
CFR part 280, which are independently
applicable and enforceable. As
discussed in-the Supplemental Proposal.
technical standards for underground
storage tanks (USTs) have been
promulgated since publication of the
1985 proposed rule. The Agency stated
in the preamble to the UST final rule (S3
FR 37112: September 23.1988) that EPA
believes that used oil. whan stored in
underground tanks, present! risks
similar to other petroleum product!
stored in USTs. As a reran. EPA
determined that owners or operators of
used oil USTs (Including used oil
generators) must comply with the tank
upgrading, operation and maintenance.
corrosion protection, corrective action.
closure, and financial responsibility
requirements promulgated under part
280 for other petroleum product USTs.
The Agency believes that the Subtitle t
standards are sufficient to prelect
human heahh and the environment from
potential releases of used oil bom USTs.
In addition, commenten to the 1BB1
Supplemental Notice fetflsit subjecting
underground storage ofeifceft ofl to
standards beyond thoavjtoajjjrt 280 was
unnecessarily burdenaonTsitbd
duplicative.
Storage of used oil In lagoons, pita, or
surface impoundments is prohibited.
unless the generator is storing only
wastewaters containing de minimi's
quantities of used oil. or unless the unit
is in full compliance with 40 CFR part
264/Z85. subpart K. The Agency believes
that such units do not provide adequate
protection of human health and the
environment against potential releases
and damages. In fact the Agency has
documented numerous cases of
environmental damage from the storage
of used oil in these units (see
Environmental Damage from Used Oil
Mismanagement. Final Draft Report
U.S. EPA, August 30.1991, which is
available in tie docket for today's rule).
f. Response to foletue*. Whenever a
release occurs to the environment from
tha abovegraund storage tanks and.
containers, a used afl generator must
respond in a timely manner by taking
the following slaps: (1) Stop tha release.
(2) contain the nleased used oil (3)
clean up and properly mansa
used oil and materials used tar etas
op/containing the release* and if*
i tlta tank or container from
stoic
repair, a
v baton
returamfUto
when there is a release to the
environment Under this rale, this wooM
not include releases within contained
areas such aa concrete floors or
impervious containment areas, unless
tha releases go beyond the contained
areas. EPA believes that used oil spill*
or leaks occurring at generator facilities
in an area with a concrete floor inside a
building (04.. bo service bays,
maintenance garages, metalworking and
fabricating locations} are cleaned up
upon discovery aa a general operating
practice Ming appropriate sorbeat
materials
t uapetenaaJ eoniainaettan of
unprotected aotia bo the vichrity of die
storage end wo* anas. The facility
owtun or
that adequate quantities of sotbent
material* are available e» site atl the
leeks
rring during the norm!
activities.
The response to release provision
doevnot require dean op of pest
releases to the environment which
occurred prior to dw effective date of
the oaed oil program within an
authorized state in which a used oil
facility it located. Releases of need oil
from underground storage tanks are
subject to the requirements of 40 CFR
part 280. subpart F independently as
applicable.
In addition to the provisions' listed
above for releases of used oil from
aboveground tanks and containers, and
in addition to the corrective action
requirements for releases from USTs
provided In 40 CFR part 280. subpart F,
used oil generators are required under
CERCLA section 103, to report a release
of hazardous substances to the
environment when the release is equal
to or In excess of the reportaWe quantity
(RQ) for the particular substance. Used
oils that are contaminated with
CERCLA»hazardous substances (e.g.,
due to the presence of elevated levels of
lead) contain CERCLA ^""dtnis
substances. Therefore, releases of soch
contaminants (e*. lead) into thai
environment in quantities greater than
the reportable quantity must be reported
to the National Response Center. The
current RQs for contaminants an listed
in 40 CFR 302.4. In addition, under 4fl
CFR part 110. any discharge of oil that
violates applkable water quality
standards or causes a film or sheen on a
water surface must be reported to the
National Response Center.
f> Off^ta tntuport Used oU
generators an required to ensure tint
all shipments of used oil in quantities-
greater them H gallons an transported
off-site only by transporters who have
an EPA identification number. Used oil
generators may transport, in their own
vehicles, op to 56 gallons of used oil
that is either generated on-site or
collected from DIY used oil generators.
to a DIY used oil collection center, used
oil collection center, or aggregatiost.
point (a\g.. one that is licensed or
recognized by a state or mi
government to manage used ott
waste). A used oil generator is not
required to obtain an EPA identiflcsoon
number for this off-site transportation
activity. A generator may also sebT-
transport up to SB gaOons of used oil in
the genenton's own vehicle, to en
aggregation point owned by tbe used oil
generator without obtaining aa BPA
identification number. EPA selected a*
gatians as a cut off quantity because
that is the sixe of one drum. Also, the.
Agency feels that any quantity of oat*
ou less >h«" SS gallons cannot be
economically collected and transported
by a used oil transporter. -
The DIY used oil collection ceuaua.
used oil collection centers, and
aggregation points referred to above an
recognized by EPA aa separata and
legitimate entities In the used oil
management system. Definition* of
these terms era provided in 127U es4
all three types of facilities f all wttnto me
definition of used oil generator. A used
oil collection centeris any site or fadMy
registered/Ucensed/permitted/
recognized by a state/county/mualdpal
government to collect used oil from
regulated generators prior to its pickup
by a used oil transporter with an
identification number for offsite
recycling. EPA believes that these
facilities handle small quantities of used
oil on an occasional basis and local
government would monitor their
operations and make sun that these
-------
Federal Register / Vol 57. No l"6 Thursda> September 10. 1992 / Rules and Regulations 41587
sites are operating per the local-
government specified guidelines. Such
used oil collection centers must use used
oil transporters with EPA identification
number when sending used oil for off site
recycling.
Used oil collection centers may accept
used oils from DIY generators as well as
regulated used oil generators (in
quantities less than or equal to 55
gallons per shipment). EPA believes that
used oil quantities of less than 55
gallons (ie.. content less than a 55-
galton drum/container) are unlikely to
be accepted by the used oil collectors/
transporters for offsite shipment.
A used oil collection center accepting
only do-il-younelf generated used oil for
recycling also must comply with the
generator standards of part 279, subport
C These DIY collection centers may or
may not be recognized by the State or
county/local authorities to accept DIY
oil. DIY collection centers are centers
that are not authorized to accept used
otl from regulated generators. They are
generally operated by voluntary
organizations or local authorities as
convenient "drop off places for
consumers to bring in their crankcase oil
for recycling or proper disposal similar
to other household genera*jd hazardous
waste (e.g.. paint thinness, decreasing
fluids, over cleaners. isettaUUers).
These establishmen:, may fee temporary
by nature («£.. parhng lots* schools.
government office buildings). DIY
collection centers that are operated to
encourage DfY recycling are not
equipped to handle or collect large
quantities of used oil brought in for a
drop-off by non-DIY generators. These
centers have few drums/containers to
collect small quantities of used oil
stored in a milk jug or oil can/bottle,
thai are brought in for recycling by
individual households. An example of a
DIY used oil collection center is a site
run by a state or municipal program
established to collect used oil from
commercial and household generators.
such as Project ROSE In Alabama.
Unlike used oil transfer facilities. DIY
collection centers handle small
quantities of used oil generated by
OlYers on an occasional basis and after
collection send the DfY used oil for off-
site management.
A used oil aggregation point is any
site or facility where an individual
generator aggregates and/or stores
shipments of used oil generated at any
of several generation sites owned by the
same generator Aggregation points also
may accept DIY-generated used oil. The
jor distinction between collection
Hers and aggregation points is that
points and the generation
sites from which they collect used oil
are under common ownership. EPA
views aggregation points of used oil
generators. DIY collection centers, and
used oil collection centers as similar to
on-site facilities of used oil generators
and. therefore, is subjecting them to the
generator standards in subpart C of part
279.
EPA believes that it is necessary to
allow used oil generators to self-
transport small quantities of used oil to
off-site collection centers or aggregation
points to encou|age generators of small
quantities of used oil. and generators
who have several generation points, but
generate very small quantities of used
oil at one or a few of the generator's
sites, to recycle their used oils. EPA
believes that used od aggregation points
are convenient drop-off point for
satellite generator sites operated under
the common ownerships. Used oil
management at these aggregation points
must be in compliance with the used oil
generators standards and used oil must
be send for offsite recycling using a used
oil transporter with an EPA
identification number.
If generators of small quantities of
used oil were required to offer these
small quantities of used oil to a used oil
transporter with an EPA ID number, the
cost of employing the transporter may
discourage the generator from recycling
the used oil In addition, some used oil
transporters may only accept shipments
of used oil above a certain quantity.
Therefore, by providing this self-
transporting provision. EPA believes
that generators who generate small
quantities of used oil in any one
calendar month will be discouraged
from storing used oil on-site for long
periods of time, or from disposing of the
used oil. In addition. EPA believes that
the risk of spills from transporting such
small amounts of used oil is relatively
low, thus, specific tracking of such
shipments is unnecessary to protect
human health and the environment.
h. Accumulation limit. Although EPA
proposed, both in 1985 and in 1991. to
restrict the accumulation of used oils
stored by used oil generators, today's
rule does not contain an accumulation
limit for such used oil storage. EPA has
decided not to impose an accumulation
limit on generator storage since some,
amount of used oil is almost always
stored at generator sites. Also, since
used oil is a marketable commodity.
there is an incentive for generators to
send used oil off-site for recycling rather
than storing it on-site for prolonged
periods. EPA believes that used oil is
not stored at the generator sites for a
prolonged penod since long-term storage
requires purchasing of additional
storage units for increasing storage
capacity. This may result m additional
costs to businesses or it may require
that they comply with other federal or
state regulations or local ordinance
requirements.
i. Tracking requirements. In the 1991
Supplemental Notice. EPA proposed
three options for the tracking of used oil
from generators to used oil recycling
facilities {e.g., processors, re-refiners,
burners) to ensure that all shipments of
used oil reached recyclers of used oil.
Commentera favored the concept of
tracking shipments of used oil Since the
1991 Notice. EPA has re-evahiated the
proposed tracking requirements and the
public comments. EPA also considered
tke costs associated with the tracking
options for generators and the
associated paperwork burden. In
addition. EPA re-evaluated the
recordkeeping requirements for used oil
generators and assessed the information
maintained by generators in normal
operating records. Based on these
analyses. EPA has determined that
information maintained by usedoil
transporters will provide suffidMt
records of used oil transport activities
without burdening used oil generators
with additional tracking requirements.
Information collected when accepting
used oil shipments, such as quantities
and type of used oil collected, the name
and location of used oil generators, and
analytical data for the rebultable
presumption, would be maintained by •
the used oil collectors/transporters as
part of the recordkeeping requirements
finalized today. Using this information
maintained by used oil transporters, the
Agency can track a used oil generator, if
needed. Therefore, the Agency has
eliminated the proposed tracking
requirements for used oil generators.
EPA believes that used oil generators
maintain used oil collection and
shipment records as standard business
information.
j. Inspection requirements, bribe 1985
and 1991 proposals. EPA proposed daily
inspection requirements for used oil
generators to assure the discovery of
used oil spills and releases at used oil
generator facilities. Commentera
opposed the proposed daily inspection
requirements. Most of these commenters
claimed that when generators are
loading/transferring used oils, they
check for leak* and spills and take
appropriate action at that time to clean
up the released oil and contaminated
materials. Transferring operations do
not occur daily at generator sites. SPCC
inspection and clean up requirements
will be applicable independently.
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41508 Federal Register / Vol. 57. No 176 / Thursday, Sepler-.oer 10. 1992 / Rjies and Reguldlicns
k. Closure Requirements. In the 1985
and 1991 proposals. EPA considered
deferring closure requirements for used
oil generators, based on the lack of risk
data supporting the need for closure
requirements at generator litea. Since
1991. while reviewing the available
Superfund site information and RCRA
enforcement case data, the Agency has
not located any damage information
specific to generator sites. This leads the
Agency to believe that damages at used
oil generator sites are not a substantial
concern (i.e., have not resulted in
environmental damage of a significant
magnitude that it has resulted In the site
being identified as the NFL site).
Therefore, the Agency believes that
closure requirements for used oil
generator sites are unnecessary at this
time, hence EPA Is deferring such
requirements.
I. Exemption for Small Farmers. In
response to comments expressing
concern over the expansion of RCRA
requirements to small farmers
generating used oils from heavy fanning
equipment, machinery, and vehicles,
EPA is providing an exemption from the
generator standards for small fanning
operations that generate on an average
25 gallons or less of used oil per month
in a calendar year. EPA is providing this
exemption to these generators because
EPA believes that most of these
generators, especially family farms, are
similar to households, whose solid
waste management is unregulated under
RCRA. Family-run and other small farms
are similar to households in a number of
ways: They tend to have about the same
number of vehicles owned for personal
use: they tend to service and maintain
their family-owned vehicles and heavy
fanning equipment on-site; and. indeed.
small farms typically have residences
on-site which generate used oil and
other exempt household wastea. Also.
unlike small industrial generators who
usually are located within close
proximity to used oil collection centers
or who can easily arrange for used oils
to enter the used oil recycling system via
a used oil transporter, many family
farms and other small farming
operations are not readil> accessible to
collection centers They may be using
uaed oil on site in space heaters for
heaung purposes during the winter
months and hence, do not accumulate
more than 25 gallons of oil per month on
average which can be provided to used
oil transporters for recycling. Therefore.
EPA believes that small farms who
generate on an average 25 gallons or
less per month of used oil in a calendar
year should be exempted from
regulation, as are households.
•EPA has set the generation limit for
the small farmer exemption at. on an
average. 25 gallons or less of used oil
per month in a calendar year to exempt
only small farms that may have special
difficulties in locating a used oil
recycling center or in otherwise
recycling the used oils they generate.
The 25 gallon cutoff is roughly
equivalent to the more general SQC
exemption for used oil generators the
Agency had considered in the 1985 and
1991 proposals and the 100 kg/month
exemption for the conditionally exempt
small quantity generators of hazardous
waste. EPA believes that small farms
will have few pieces of equipment and
thus generate only small amounts of
used oil. Of the approximately two
million farms in the U.S.. over 99 percent
would be exempt under this provision.
Finally, since smell farms pose similar
problems for the used oil management
system as DIY from households. EPA
believes it may be more appropriate to
consider non-regulatory alternatives to
encourage the collection of used oils
from small farms, rather than the
management standards promulgated
today.
EPA's Intention in providing this
exemption is not to exempt large
farming operations or businesses from
today's standards. EPA believes that
large farming operations do not face the
same difficulties in recycling the used oil
they generate and these operations are
better able to provide the uaed oils they
generate to the used oil recycling
system. The Agency is aware of currant
activities undertaken by brokers who
are involved in collecting used oil
TABLE Vl.3.—USED OIL
[Transport* ind nnsfer laoMy standard*]
generated by large farming operations
and business.
EPA encourages small farmers, as
well as household used oil generators, to
recycle their used oil. and when
available, to participate in community
collection programs or used oil
collection facilities by cooperatives.
brokers, etc. As is the case with used
oils collected from households, used oil
that is collected from these farms at
used oil collection centers and DIY-
collection centers is subject to the part
279 standards when collected and
accumulated at these collection centers.
Any use of used oil that can be
construed as application to land (e.g.
weed killing, •praying on plants) thai is
performed by exempt farming
operations (or others) is discouraged
since EPA is concerned with long term
impacts of land application of used oil
on the environment. Also, exempted
farmers may be subject to state
regulations that may limit such
practices.
3. Standards for Used Oil Transporters
a. Applicability. A used oil collector/
transporter is any person or business
who collect* used oil from more (ban
one generator or transporter or a
generator who transports shipments of
more than 55 g«Uom of used oil and
transports the used ii) off-site to another
party or establishment for recycling.
disposal, or continued transport. Used
oil generators who transport shipments
of used oil in their own vehicle*, in
quantities of 55 gallons or less (/.«.. a
drum/container holding mis quantity) to
used oil collection centers or
aggregation points14 an not wttbta the
definition of a uaed oil transporter.
Household do-it-yourselfers who
transport used oil to generator*,
collection centers, or aggregation points
also are not included in the definition of
a used oil transporter. Table VL3 list*
requirements for used oil transporters
and provides the regulatory citation*.
'•UMdoilcoilectto
mm
poinii are defined la Subp«rt A of P»it m.
RequUwnem
General raqwrtmonta . _ ... ....
UMM ori aotoimu - -
DOT rocur«m»nt» _ _ _ . — _
• ! New or ttdtilng
tt*M 1 Nw "•-- -
i N0* _ _ „ . ...............
. ! EnKma (mptc«tn» ndap«nd«nByl ... .
Regulatory atton
1 279 40(a) though (c).
|27fl40(d).
IZ7941.
I27B.42.
I279.43M.
|37».«XW.
-------
Federal Register Vol 57 V t"n Tn.rsc.,. 5e- -.- _-• :L
TABLE VI 3 —USED OIL—Coni.nued
i'-ansoonee and vanstar laawy sianoaresl
nerjuwnant
New ot eiisurg
Regulatory ciuuon
i discharges , New
flebuttaole presumption lor uaed at . j Eusang for transporter* managing used (2).
l«27944(d).
i«27944(d)
,{27949(4)
i 279 «Sb)
|(27945
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41590 Federal Register / Vol. 57. No 176 / Thursdd> September to. 1992 / Ruies drui Reg-ildiions
at each transfer facility Upon receipt of
a completed notification form. EPA wilt
provide the transporter with a unique
12-digit identification number, which is
required to transport used oiL
Transporters who have previously
notified the Agency of their hazardous
waste activities (or notified EPA under
the 40 CFR part 286. subpart E used oil
fuel regulations) and received an EPA
identification number need not renotify.
d. Delivery of Uaed Oil Shipments. A
used oil transporter is required to ensure
that a shipment of used oil reaches an
"authorized" used oil processing or re-
refining facility, a used oil burning
facility, or another used oil transporter.
Entities deemed to be authorized are
used oil processing and re-refining
facilities subject to part 279. subpart F:
used oil burning facilities in compliance
with part 279. subpart G; hazardous
waste management facilities with a
permit or interim status: part 258
disposal facilities; or another used oil
transporter who has an EPA
identification number.
A transporter who markets used oil
fuels must comply with the used oil
marketer requirements of 40 CFR part
279. subpart H. In the event a
transporter undertakes this activity, the
transporter must comply with the
recordkeeping [invoicing) requirements
of f 279.74.
e. Shipping requirements.
Transporters and collectors are required
by existing U.S. Department of
Transportation regulations to meet
certain standards if the uaed oil Is a
hazardous material. Including all
applicable packaging, labeling, and
placarding requirements in 49 CFR parts
173.178. and 179. In addition, under
today's rule, used oil transporters and
collectors must clean up any used oil
discharge that occurs during
transportation or take such action as
may be required or approved by
Federal, state, or local officials so thai
the used oil discharge DO longer presents
a hazard to human health or the
environment The Agency believes that
these provisions are necessary lo reduce
the potential impacts of uaed oil that
could be released into the environment.
f. Used oil storage at transfer
facilities. A used oil transfer facility is
defined in 40 CFR 279.1 as "any
transportation related facility '•
including loading docks, parking areas.
storage anas, and other similar areas
where shipments of used oil are held
during the normal course of
transportation for a period longer than
1' For facilities mbiecl la the SPCC regulation.
the term tnniponanon-ralaiad" ki daflnad In
Append)* ! of 40 CFR part 112.
24 hours but not exceeding 35 days.' A
transfer facility is regarded as a sue for
the temporary storage of used oil that is
picked up from one or more original
generators and is on its way (1) to a
processing or re-refining facility for
further processing to produce used oil
Fuel, non-fuel recycled oil products, or
lube oil feedstock (2) to be reintroduced
into refinery operations: or (3) to be
burned as a used oil fuel. Storage of
used oil at a transfer facility for a period
exceeding 35 days will cause the
transfer facility to become subject to the
standards for used oil processors and re-
refiners in subpart F of part 279.
The requirements established today
coverall used oil transfer facilities
owned/operated by used oil
transporters regardless of their location
and regardless of the size of any single
lank at the facility or the total slotage
capacity of the facility. The SPCC (40
CFR part 112) and UST (40 CFR part 280)
requirements are independently
applicable to such facilities.
EPA believes that some regulatory
controls are necessary to ensure proper
management of used oils at used oil
transfer facilities. Improper management
at these facilities could allow for the
release of used oil to the environment.
cause spills during transfer and loading/
unloading operations, or result in the
Inadvertent adulteration of used oil with
hazardous waste while in storage or in
transit. To prevent such mishaps. EPA is
adopting "good housekeeping"
standards for transfer facilities to ensure
that units (containers and tanks) used lo
accumulate and/or store used oil are
kept in good condition and to minimize
potential releases of used oil lo the
environment.
Storage of used oil at a transfer
facility must occur only in containers
and aboveground or underground tanks.
EPA believes that storage of used oil in
units other than containers or tanks
(e.g.. surface impoundments or lagoons)
at transfer facilities does not occur since
transfer facilities are typically
temporary storage areas where used oil
is stored for periods of very short
duration. Furthermore, as discussed
elsewhere in today's notice. EPA
believes that storage of used oil in
surface impoundment is generally a poor
practice. Thus. EPA believes it is
appropriate not to allow it at transfer
facilities. EPA believes that transfer
facilities are not likely to hold used oil
in surface impoundments but in case,
such use occurs only surface
impoundments that are in compliance
with parts 284/265 requirements can be
used for used oil storage. Today's rule
pro'mbi's the use of an unhned
impoundment for used oil storage
All aboveground tanks " and
containers at transfer facilities must be
kept in good condition (i.e.. no visible
signs of deterioration or leaks) and
containers must be in compliance with
all applicable DOT regulations.
Aboveground tanks and containers and
all fill pipes for underground used oil
storage tanks must be clearly labeled
with the words "used oil" to minimize
accidental mixing. In addition, the
storage areas around aboveground tanks
and under the storage containers must
be equipped with oil-impervious floors
and secondary containment structures
(dikes and berms or retaining walls)
capable of containing all potential spills
and releases of used oil until the
discovery and cleanup of spills and
releases.17 The floor under existing
storage tanks must cover the entire area
within the dike, benn or retaining wall
except areas where portions of existing
tanks meet the ground. EPA has
determined that it Is not necessary to
require retrofitting of the floors of the
existing tanks that are in good
condition: it is not necessary to remove
tanks temporarily to install an
impervious floor directly beneath an
aboveground tank that is in good
condition. Any releases from the walla
of existing tanks will be captured within
the containment area and will be
removed, while releases to the area
outside of the containment area must be
cleaned as required by today's release
response requirements. EPA believes
that used oil releases from lank overfills.
spills, and loading/unloading activities
are more likely than from the bottom of
a tank or due to the loss of structural
integrity of a tank.
However, the floor surrounding the
area where the tank meets the ground
must be impervious to oil. When
installing new aboveground tanks,
replacing damaged or deteriorated
tanks, or reinstalling unfit tanks after
restoring the structural integrity, an
impervious floor under the aboveground
tanks must be installed. This
requirement is applicable to the
aboveground tanks that are existing
when the states adopt the part 279 used
oil management standards and when the
state rule containing the Federal used oil
management standards takes effect. The
1' AbOTCfround link ii d«fined In I J7B.1 at •
tank uaed lotion or ptocau uted «l lhallanoian
underground lank at deflnad in pan ZOO.
>' For further ditcuMian of ih« bam for iba
Mcondary coniilnmeot requirement and the
material* (tillable Tor cotulrjcitng Impemoui floor*
and dikes, btrma. or retaining walta/Mc wcnon
VIL5. of today'* preamble.
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Federal Regular / Vol. 57, No. 178 / Thursday. Septen-.hxir 10 1992 / Rules and ReffJaoona 41591
impervious floor under new ilorege
tanks must cover the entire ana witbui
the containment structure. The effective
date is the same as that discussed for
existing tanks.
In the IMS proposed mn sod In the
1991 Supplemental Notice, EPA
proposed secondary rimtalnmnnt
requirements for used oil storage tanks
that are similar to the secondary
containment provisions of 40 CFR part
284, subpart J. The Agency received a
substantial number of public comments
that disagreed with EPA's proposed
secondary containment requirements.
Most commenten disagreed with the
proposed secondary containment
provisions en the basis that the cost of
full secondary containment for tanks
and containers would be prohibitive for
most used ofl gBitemUHS and
The secondary
containment requirements proonugaled
today for aUnegiuuad tanks and
containers an substantially fen
burdensome, both technically and
financially. Although these lequiiemeitt*
will still Impose some costs upon need
oil liensymtiis the Agency betieres
thai scan krvei of secondary
containment is necessary at transfer
facilities lo protect humaa heat* sad
tha asntoomnant from potential eaad on
spills and releases, a fact aa
\ocusBaaied by the Agency n the
nalraavpaet
pracocaa at used
transfer
releases of used oil lo tha
and. in
lo human health and tha
EPA behaves that the secondary
containment r
today adequat
oil releases to ground
existing SPCC
protection eg
is
navigable waters. EPA has
that secondary
requirements similar to those as 40 d*
parts 264/286. subpart (en
necessary since the
promulgated today i
contain any spilled or smaaaasi aaad oil
the requirement that thasmnYa
containment structure ha made of a
material Impervious to aaad oM wiD
prevent the migration of used oil to soils.
surface waters, and groand water.
Although the secondary ooateinmant
requirements nrnmnhjatert today en
required under 40 CFR par.a 264/265.
subpart J, any used oil transfer facility
that Is currently in compliance with the
subpart J requirement* {&£. the facility
has double-walled tanks with double-
walled or otherwise conteiiu'd pipes)
will be deemed ia compliance with the
secondary coDlsiaaant no/unman is
promulgated today. EPA does want to
clarify that all aboveground tanks or
containera must be within a secondary
r/»tainmani structun that ia unpsrvioaa
to used oil and capable of preventing the
migration of used oil spills or releases to
the environment
Aa April A1893, aasnonndjsm from
EPA's Assistant Administrator for Solid
Waste qp*t Emergency Response '*
•donees* abovagnuad storage taak
technologies that may be asad to
provide secondary cnntainsmnt al
SPCC-regumted facilities. The
memorandum slates that alternative
abovsgrouad storage tank systems that
have capacities generally lass thea
liOOO gallons may provide protection of
navigable waters substantially
equivalent to that provided by the
secondary containment systems beted m
40 CFR ll2Jfl(c) of the SPCC regulation.
An example of an alternative
aboveground storage lank system that
generally would provide substantially
equivalent protection of navigable
waters is a shoavisbdcatsd double
walled lank installed and operated with
overfill prevention measures that
include SB ovetfiD alarm, an °v*'M"tt^
Qow restrictor or flow abai-off. aad
constant monitoring of all product
transfers inehwang ased oil. Used oil
tanks meeting with the secondary
[ fnn^i^^try ^t«/-lia«a<4 hi
BOU-ftntthd FidUM.
at transfer facilities, used oil storage in
normal course of operation typically
occurs for lesa than 35 days. The
Agency, therefore, has decided lo allow
used oil storage for no man then 36
days at transfer mdtitiea. A transfer
facility al which asad oil ia stand for
more than at days mast comply wfth the
reqatrsmenta finaMied today for
proceeamg/n-mftnine fadHtiee
established under the 40 CPR part ZTt.
subpart F. Also, EPA notes that me 36-
day storage hmrt sopites to the fan-use
atcrage tanks at transfer facilities and
does not apply to the abandoned
abovegroaad atonga tasks used to store
uaed ofl, or to foch tanks taken oat of
servtaa. Tha rvqainments far the
abaa
the memorafldam of April 33. OK. an
considered to be hi compUaoce with tha
secondary conlaisiment requirement* for
abovegroaad tanks established in
today's rate.
g. Storage Limit Conum* Bsnrs to ma
19BS proposed rule felt that the proposed
10-day mult on storage at transfer
facilities waa too short a period of time
to accumulate aad consolidate sufficient
amounts of used oil for cost effective
transportatioa. The Agency agrees with
the eemmenter*. fa tflBl. EPA proposed
an alternative time mail (a*. 35 days)
as a limit spedfymg tha length of time of
which asad ofl must be delivered to the
final destination (e£« processors, n-
refiners. or burners}. Based on the
favorable comments. EPA beMeves that
cwnrdy tat rffect fot ajumipla. m*
owners/ operators of
*• OB
HO Cf« (*rt nft-
must evahnte residues left m
abovegrouad tanks taken oat of service
to mate s haxardoqa waste
determination (/.«, whether the residues
exhibit characteristics of toxidty.
IgnitabUfty. corrasMty. or reactivity). H
an aboveground tank at a (nashr
facility contains a hazardoos watsa, the-
tank wffl be managed m accordaaras
with existing RCRA control*, tacMtag
BubpertJfttaidardB for tank doom*.
FInaBy, the Agency concluded thai a
storage matt of 35 days at transfer
faculties is protective of human health
and the environment whea applied ia
conjunction with the secondary
COBitaUDDBCDat fBflUL*6aDi«Oii) IOV
abovegrouad storage containers aad
tanks pramafeated today. EPA behaves
that storage at transfer ueflltiaa w9 ha
for a short duration whea used oil la to
transit between generators to
processors, ra-refinera. Jam ofl rtnafeia,
and tnasCsr faculties befbn aMchtag
the ultimata racycler orAiracrs^Any
spills aad leaks occmzlng duriag atonga
must be contaiaad within ma
containment ana. discovered, aad
cleaned up m a timely meaner, ff BPA.
in the futura. datsnamas a aaed tor a
closure standard for transfer fstiBttes to
ensun that used oil contaminntinii at a
facility prior lo ma facility closiag must
be addressed the* the Agency may take
such a step.
Uadsagnmad storage teaks (ML. I
with men than 10ft of the surface i
of the teakfs) end eesocMtad papas
underground) aaad to sun used eal at
used oil toaaawr bciUtMe reman sabjact
to the reoulf aainaiti of ett CFR part 380.
Independeady. Also, many fadHttaa
remain subfect ta the Sptll Pnvaatisn
CoBtrol sad CouBtarmeaewe
requiramaata of part 112 of 40 CFR.
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41592 Federal Register / Vol 5~ No 1^6 / Thursday. Sep'eTse- 10.
Ru.es and Regjid'ions
h Response to releases Any spill or
release of used oil from aboreground
storage units (tanks and containers) at a
used oil transfer facility must be
stopped, contained, and cleaned up
upon detection. Spilled used oils must
be cleaned up and properly managed. If
necessary, the unit must be removed
from service, the contents removed, and
the unit repaired prior to returning it to
service. These requirements do not
apply to past releases that have
occurred at transfer facilities pnor to the
effective date of the used oil program
within an authorized state in which a
used oil facility is located. This
requirement applies only when there is a
release to the environment. Under this
rule, this would not include releases
within contained areas such as concrete
floors or impervious containment areas.
unless the releases go beyond the
contained areas.
In the case of a release of used oil
from an underground storage tank, the
owner or operator of the used oil
transfer facility must comply with the
requirements of 40 CFR part 280.
subparts E and F.
In addition to the provisions listed
above for releases of used oil. and in
addition to the corrective action
requirements for releases from USTs
provided in 40 CFR part 280. subpart F.
used oil transporters are required, under
CERCLA section 103. to report a release
of hazardous substances to the
environment when the release is equal
to or in excess of the reportable quantity
(RQ) for the particular substance. Used
oils that are contaminated with
CERCLA hazardous substances (e.g..
due to the presence of elevated levels of
lead) are subject to CERCLA release
reporting requirements. Therefore.
releases of such contaminants into the
environment in quantities greater than
the reportable quantity must be reported
to the National Response Center. The
current RQs for CERCLA hazardous
substances are listed in 40 CFR 302.4. In
addition, under 40 CFR part 110. any
discharge of oil that violates applicable
water quality standard* or causes a film
or sheen on a water surface must be
reported to the National Response
Center
i. Rebuttable Presumption. Since the
rebuttable presumption now will apply
to all used oils. EPA is requiring used oil
transporters to determine the total
halogen content as used oil shipments
pnor to accepting the shipments for
transport. EPA believes that the
majority of used oil transporters are
already complying with this requirement
to ensure that used oil has not been
mixed with halogenated solvents, since
the majority of used oil (hat is currency
recycled is used as fuel for energy
recovery and is therefore subject to 40
CFR part 266. subpart E. recodified
today as 40 CFR part 279. subpart C
If the halogen level exceeds 1.000
ppm. the used oil is presumed to be
mixed with a halogenated hazardous
waste, and must be managed as a
hazardous waste, unless the transporter
rebuts the presumption as described
above. The transporter may accept such
shipments of used oil as a hazardous
waste transporter, but if the original
generator of the hazardous waste cannot
be identified, the transporter may have
to assume hazardous waste generator
responsibilities and comply with both
the generator standards of 40 CFR part
282 as well as the hazardous waste
transporter requirements of 40 CFR part
263.
). Recordkeeping. Transporters are
required to maintain records (for at least
three years) documenting the
acceptance and delivery of each used oil
shipment. For the purposes of complying
with the recordkeeping requirements in
today's rule, used oil transporters need
only enter the required information or
documentation for each used oil
shipment into a collection or operating
log.
Used oil transporters must keep
records for each used oil shipment
accepted for transport from an original
used oil generator or another transporter
and maintain copies of each record for a
period of at least three years. Records
for each shipment accepted by
transporters must include: (1) The date;
(2) the name! address, and EPA
identification number (if applicable] of
the party who provided the used oil for
shipment (3) the quantity and type of
used oil accepted: and (4) the dated
signature of the party offering the
shipment
Used oil collectors and transporters
must abo keep and maintain for at least
three yean records of each shipment of
used oil that is delivered to another
transporter, used oil burner, fuel
marketer, or used oil processor/re-
refiner. Records for each delivery must
include: (1) The date: (2) the name. EPA
identification number, and address of
the receiving facility or transporter (3)
the quantity of used oil delivered: and
(4) the dated signature of a
representative of the receiving facility.
EPA believes that these recordkeeping
requirements are necessary to monitor
the flow of used oil within the used oil
management system and to discourage
any adulteration of used oil by any used
oil handler, by providing a paper trail
documenting all parties who handled the
used oil EPA believes that the
rebuttable presumption, as well as the
requirement that used oil collectors and
transporters keep records, will provide
sufficient incentive to discourage
adulteration of used oils. Past practices
of used oil collectors and transporters
storing mixtures of used oil and
hazardous waste have resulted in
damages to the environment. Further
discussion of such damages is provided
in the background documents that
accompany this rule.
It is EPA's understanding that most of
the recordkeeping requirements
established in today's rule are already
being done as normal business and
accounting practices by used oil
transporters. As noted in the
background information for the
Regulatory Impact Analysis of today's
rule, a used oil industry representative
indicated that such records are
maintained and the practice of keeping
such records is not'uncommon. The
recordkeeping requirements
promulgated today for used oil
transporters are very similar to those
proposed in the 1991 Supplemental
Notice.
k. Exports of used oil. If a used oti
transporter provides used oil for export
or exports used oil from UwAJnited
States, the transporter must maintain a
record of the name and address of the
receiving facility, the quantity of used
oil exported to a foreign country, and
the date the used oil is exported from
the Untied States.
1. Closure. In 1985. EPA proposed
closure requirements for used oil
transfer facilities. Commenters opposed
these requirements due to the fact mar
the requirements are overly
burdensome. Since the secondary
containment requirements promulgated
today should mitigate the migration of
almost all releases of used oil to the
environment, and since today's
requirements require used oil spills and
releases to be cleaned up upon -
detection. EPA has decided thai-closure
requirements for abovegraund storage
areas are not necessary and therefore.
the Agency is not promulgating closure
requirements for used oil transfer
facilities with abovegraund storage
units. EPA abo notes that the majority
of damages from improper storage of
used oil have occurred at recycling
facilities, rather than transfer facilities.
which suggests differential standards
are appropriate. (Note: Used oil
transporters that store used oils in
underground storage tanks are required
under the Subtitle I standards to close
all un.ts used to store used oil prior to
closing or abandoning the facility.)
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Federal Register / Vol. 57. No 176 / Thursday. September 10. 1992 / Rules and Regulations 41593
m. Other applicable provisions In
addition to the requirement* provided in
subpart E. used oil transporters who
recycle used oil either by blending.
processing or re-refioiag.jntut comply
with the requirement* of mbpart F.
Used oil transporters-who-burn used oil
on-site must comply with the
requirements of subpart C of part 279. as
well as the provisions of subpart E. If a
used oil transporter markets used oil
fuels, the transporter must comply with
the requirements for used oil fuel
marketers in subpart H of port 279. Used
oil transporters who either dispose of
used oil or use used oil as • road oiling
agent must comply with rnbpart! of part
279.
In the 1901 Supplemental Notice the
Agency proposed inspection, facility
preparedness, and corrective action
provisions. EPA has decided against
such requirements because (a) the SPCC
program-based inspection,
preparedness, and emergency response
provisions, (b) response to releases
provision for transfer facilities, and (c)
limits on the storage period are
adequately protective against potential
environmental damages associated with
used oil storage. A used oil transporter
who stores used oil for greater than 35
days is considered to be a used oil
processor and must comply with the
standards for used oil processing, and re-
refiners.
4 Standards for Used Oil Processing
and Re-refining Facilities
As discussed in section VI.A of this
preamble, the past used oil management
practices at used oil processing facilities
has resulted in environmental damage.
This is evident from the identification of
approximately 25 sites on the National
Priority List where used oil was
identified as one of the major
constituent of concern. Similarly. EPA
has discovered environmental damage
associated with used oil management at
RCRA facilities managing used oil m
solid waste management Baits. Of the
iwedeil facilities that the Agency has
studied M fcdtttftt has used oft spOta
IB facilitiei had leaking tank* and/or
oontBinen; 32 facilities recycled end
disposed of used oil and wastes to
surface impoundments and pits; 5
facilities placed used oil recycling
sludges in waste piles directly on the
ground: and one facility land-farmed
used oil recycling sludges. Virtually all
the surface impoundments or pits at
these facilities were unlined. These
instances lead EPA to believe that used
oil processing/re-refining facilities pose
the biggest problems due to used oil
mismanagement justifying the toughest
controls (e.g. preparedness, secondary
containment, closure, analysis plan, and
tracking) established today.
a. Applicability. A used oil processing
or re-refining facility la defined m
1379.1 as "a facility that processes used
oil" Used oil processing means
chemical offhysical operations
designed to produce from used oil. or to
make used oil more amenable for the
production of. fuel oils, lubricants, or
other used oil-derived product.
Processing include*, but is not limited toe
Blending used-oil with virgin petroleum
products, blending used oils to meet the
fuel specification, filtration, simple
distillation, chemical or physical
separation and re-refining. Used oil re-
refining may include settling, filtering.
catalytic conversion, fractional/vacuum
distillation, hydrotreating. or polishing.
Thsvpradwteclosed oil processing or
re-refining ere lihery to include
distillate fuel
tab* feedstock asphaltic bottom, and
other non-fuel oil-derived product
ID addition to the requirements of part
279 subparts C and E, used oil
generators and collectors/transporters
are subject to all applicable processor
and re-refiner requirements, if they
process/re-refine used oil on-eite. Used
oil processing and re-refining facilities
that also bum used oil fuel on-tfa for
energy recovery must comply tay the
provisions in subpart G of parGPB.
except burning that occurs indefBtal to
processing at used oil procesatnf and re-
refining facilities in compliance with
I 279JO(bK8Nn> Table VL4 usU
requirements and provides the
regulatory citations.
TABU vu.—STANDARDS FOR Ueto OK. PROCESSORS AND RE-REFINERS
N*» or
riarfnatfN
(Wife
Edssng lor preeMiorVrmSmrs •»» •»
new tor
Nw
igvcyproMdu
pKtf^M^bVM flVMI f^rthM^^tt M^MMM^^M fcV FSI* ^>Mt
•KJrtung 0*.
Typaal
Good common «ow anuna tanks CM oea
6*Sngtor|
•gtngi
loSkMl.
127151.
<****
IZ7I34M.
NM
•DOW QTOtfld \SffcS.
127*34(0.
127*54(0).
Opariflngn
ExMng tar pranMon/i
•^M ff
nw
NMV
I270SS.
NOflcV
IZTUa.
Otf-tfv ihipflnijnt
Mcnao«m«nt of
SPCC rcQuwnijntB, inciudtnQ •^•V pwwnttan 9f& coftoui
U5T
127938.
ExMng (
NA-
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41594 Federal Register / Voi. 57. No 176 / Thursday. September 10. 1992 / Rules and Regulations
b Notification Requirements. An
owner or operator of • used oil
ptouissiugfte-ieunlng fadUty must
notify the appTOptietopJft Regional
Administrator using EM form 8700-12.
stating the location aailjMfcrd
description of used on ttanagenient
activities In lieu of note/the EPA Pom
8700-12. ownen and ueei etuis nay
notify the EPA Regional Administrator
of their location and general description
of used oil management activities in a
letter. Upon receipt of this form. BPA
will issue an EPA Identification number
to ttw fadfity. Owner/operators who
have previously notifies! to Agancy of
their I
used oil activities and received an ID
number need not reiJoMfy.
fen sdoflloii to notHytas, ^fn oY any
recycling actMMea and lecefving an
EPA identification number, an owner or
operator of a used oil processing or re-
refining faculty that twelves land oil
from fuioign sources must comply with
aU applicable RCRA retirements for
trie importation of solid sad hazardous
wastes.
c. Pnpandnen and Prevention.
Ownen or operators of used ofl
processing and re-refining faculties must
operate and maintain the fecflfty ina
manner that will mmhntee the
possibility of any fire, explosion, or
unplanned sudden or oon sadden
release. The existing Federal feg..
SPCC), state, and local fe*.. fir*
ordinances) preparedness and
prevention requirements are specific to
certain aspects of facility operation. The
existing RCRA requirements for
preparedness and prevention, by
contrast, pertain to the trade or
hazardous nature of the material or •
waste. The Agency. UMBefore. believes
that RCRA 11 miimaniiU art neceaaary
to ensure ttiet used ou processing eaot
re-refining fadHties are maintained and
operated to prevent possible flies.
explosions, or raisaeee af tisad oil to the
environment EPA bilhms thai the
preparedness and nsenantton
requirements nmaafjsjyl todiiy are
merely incrementofifjiafeae currently in
place and the ex
procedures can easnne expanded to
comply with these additional
requirements. Sectton Z7U2(a) requires
owners and operators to comply with
the requirements for preparedness and
prevention similar to those established
for hazardous waste management
facilities in 40 CFR part 265. subpart C.
These requirements include
maintenance and operation of (he
facility, required equipment, testing and
maintenance of the equipment, access to
conimu.'ucalion or alarm system.
required aisle space, and arrangements
with local authorities.
The 1985 proposal required
preparedness and prevention measures
as part of the Permit-by-rule
requirements for recycling facilities. The
proposed requireawnts were the sane
as those established far hazardous
waste management facilities. EPA
believes that Ike majority of processing
and re-refining facilities have
preparedness and prevention measures
in piece ess pert of good business and
operational practices, therefore the
Agency does not •ink such
reqauements wttl be overly burdensome
[see bntip inmil donsment on coat
analysts that ia to the docket for today's
nilelfasddMoi
state regototioa
Safety and Health Ad reason
level of piepnredneia and prevention
used oil in lagoons, ponds, pits or
surface impoundments is not common
and. In addition, that such storage is
inherently unsafe end poses an undue
nsk to human hashh and the
environment Both in ngi and 1991. BPA
proposed to ban the use of I
ponds, pits, i
used oil!
d. CoMtnajeocy Plan end Emergency
• . Section 279^1 requires
ownen or operators of used ott
processing nari re-refining fadfities to
prepare a conttagency plan designed to
• ' • ' 'in case of a sudden or
M. fin, esotoston>or
.The variable
composition ot used oil (a^. the •
possibility of very low flash pout oil)
makes this more of a concern than far
otifcar types of otf Jscflitiea. The
40 CFR pact 285. subpart D. because of
the stonJarny to haasiissus waste
facility operations. These reou
,_,...' and implementation of
the contingency plan, content of die
conrinynryptancopUsofthe
contingency plan, emergency
coordinator, and emeigency procedures.
and re-refining facflMJes have
contingency plan and emergency
procedures i
busi
in place as a part of good
d oswratiooal ptoceduns.
Therefore. EPA believes that such
requirements are not overly
burdensome, b) addition, local fire
regulations, stale regulations, and the
Occupational Safety and Health Act
require development of contingency
plans and emergency procedures.
e. Storage Requirements. Owners and
operators of used oil processing and re-
refining fadlitiea must store all used oils
either a tank* or containers; and all
tanks and containers must be
maintained in good condition (i.e~. no
visible signs of leaks or structural
damage or deterioration). Based on the
comments received In 1985 and 1991.
EPA beiieves that the practice of storing
health and the
commenters
Many
rithEPAonmis
point. Therefore, today's rule prohibits
the storage of used oil in any surface
Impoundment, pond, pit, lagoon or
similar land hasitd ""»», unless the unit
is kept in fell compliance with the
requirements In subpart K of part 2B4/
^^ of iiniess the unit contains 0njy
wastewatora with de arinntit quantities
of used bO as specified m 40 CPR
270.10(0.
In 1991 Supplemental Notice. EPA
proposed Inspection reontoementa for a
discovery of used* ofl release or spill.
Today. EPA. to not financing the
proposed Inspection requirement
because the preparedness requirement
established today for used ofl
inspection provMonarne SPOqr
program tadade mepeetion for stod ofl
releases to the environment or ofl'npflb.
respe^^ivwy.
The icojukessents established today
cover all used oil processors/re-wftaert
regardless of their location and
regardless of the size of any single tank
the fadttty or the total storage capadty
of the facility. The SPCC and UST
requirements.*** avtependentiy
applicable to processing or re-refinmg
or operator of a need on
The
fill pipes used to tiansffu used on to
underground storage tooks-w4tk the
...... nfii'Si^J ^L" BPA Im ^^nbS^
worae IBBW> w& m • ^^p^n^
tocsonny laoel
storage units used to ston.o4.to prevent
accidental mixing by ensuringtiuU oofaj
used «sl ia piecee hi tonka reserved far
the storage of used ott.
Ownen and operators of used oil
processing and re-refining facilities who
store used oil in containers or •
aboveground tanks as defined in 1 179.1
must equip the storage ana surrounding
the tanks or containers with a floor
made from materima» that to bnpervious
to used oil Ownen and operators must
also equip the storage area with
secondary containment structures
(dikes, berms. and/or retaining walls)
that are made of a material(s) that is
impervious to used oil and capable of
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Federal Register / Vol 57. No 176 / Thursdd;. Sepi°T.:er 10 1992 / Rules and Regulations 41593
containing all potential spills and
releases of used oil from the tanks or
containers until the facility owner or
operator can take measures to clean up
the released used oil. The floor under
existing storage tanks most cover the
entire area within the containment
structure, except when existing tanks
meet the ground. EPA believes that
requiring owner/operators with existing
tanks to retrofit the containment
structure would be financially
burdensome and that there is little
opportunity for contamination to occur
under the small area where the tank
touches the ground. For new tanks, the
floor must cover the entire area within
the containment structure.
In 1985. EPA reserved seven! sections
of the proposed rule for the soon-to-be
promulgated secondary containment
requirements for hazardous waste
storage tanks. Many commenters
disagreed with EPA's proposal to
require used oil recycling facilities to
comply with the hazardous waste tank
secondary containment provisions. In
the 1991 Supplemental Notice. EPA
stated that secondary containment
standards similar to those required by
the SPCC program may be adequately
protective of human health and the
environment and may be leu
burdensome to used oil processing and
ire-refining facilities. In the 1991
Supplemental Notice, the Agency
specifically discussed the provisions for
maintaining bermsi dikes, or retaining
walls around existing abovegnund
storage tanks. The Supplemental Notice
included a diagram depicting a
secondary containment structure that
the Agency was considering requiring.
The Agency believes that • secondary
containment structure constructed
around the entire storage area will
provide adequate protection to the
environment against spills and releases
of used oil that may occur during used
oil storage. Many commenten agreed
with the Agency's assessment that this
type of secondary containment is
adequate for used ofljttnsje areas.
Some commenters urfsd'tae Agency to
include secondary oavtsdament
requirements in Phas»l management
standards, suggesting. thatBtorage-
related spills and releases should be
controlled.
Upon evaluation of the comments, and
a further consideration of past storage
practices at used oil processing and re-
refining facilities that have either
become Superfund sites or have had
RCRA enforcement actions taken
igainst them. EPA has concluded that
there is a need to control releases of
used oil dunng storage at processing
and re-refining facilities In fact as
documented by the Agency in the
background documents supporting this
final rule, past storage practices at used
oil management facilities have resulted
in releases of used oil to the
environment, and in some cases.
substantial damages to human health
and the environment.10
Of the used oil facilities that the
Agency has studied. 10 facilities had
used oil spills; 15 facilities had leaking
tanks and/or containers: 32 facilities
recycled and disposed of used oil and
wastes in surface impoundments and
pits: S facilities placed used oil recycling
sludges in waste piles directly on the
ground: and 1 facility land-farmed used
oil recycling sludges. Virtually ail the
surface impoundments or pits at these
facilities were unlined.
Of the facilities that had spills, two
were disposing solely used oil/oil
recycling wastes, one was a storage
facility only, and the remaining 13 were
used oil processing and re-refining
facilities. Of the facilities that had
leaking tanks, two facilities were used
oil storage facilities, one was a used oil
disposal facility, and the remaining 12
were used oil recyclers. Of the facilities
that disposed of used oil and wastes
after recycling used oil in surface
impoundments. 3 were also generators. 4
were solely disposal facilities. 1 was a
storage facility, and the remaining 24
were processing and re-refining
facilities. All five facilities that stored
used oil recycling sludges in waste piles
were processing and re-refining
facilities. The facility that land-farmed
used oil recycling sludges was a used oil
recycling facility.
EPA has concluded that the
containment of used oil releases is
necessary, since contamination of soil.
ground water, or surface water
resources with used oil could reduce
water quality and make water non-
potable or could cause significant
ecological harm. EPA believes that used
oil handling and storage-related releases
at used oil processing and re-refining
facilities can be effectively controlled by
the use of floors and containment
structures made from an oil-impervious
material.
As discussed above, the storage areas
around aboveground tanks and under
storage containers must be equipped
with oil-impervious floors and
secondary containment structures (dikes
and berms or retaining walls) capable of
containing all potential spills and
releases of used oil until the discovery
and clean-up of released used oil.*1 The
floor under existing storage tanks must
cover the entire area within the dike.
berm or retaining wall, except areas
where portions of existing tanks meet
the ground. This requirement is
applicable to the aboveground tanks
that are existing when the states adopt
the part 279 used oil management
standards and the state rule containing
the Federal used oil management
standards takes effect. The impervious
floor under new storage tanks must
cover the entire area within the
containment structure. The effective
date is the same as that discussed for
existing tanks.
EPA beiieves that me secondary
containment requirements established
today adequately protect against used-
oil releases to ground water and the
existing SPCC requirements provide
protection against spills reaching
navigable waters: EPA has determined
that secondary containment
requirements similar to those in 40 CFR
parts 264/265. subpart ] are not
necessary since the requirement*
promulgated today will effectivssy
contain any spilled or released tjftsd oil
within the containment stractunb. Also.
the requirement that the entire '
containment structure be made of a
material impervious to used oil will
prevent the migration of used oil to soils,
surface waters, and ground water.
Although the secondary containment
requirements promulgated today are
somewhat less burdensome than those
required under 40 CFR parts 264/266
subpart). any used oti processing/re-
refining facility Out is currently m
compliance with the snbpart J
requirements (e.g., the facility baa
double-walled tanks with douMe-waUed
or otherwise contained pipes) will 6s>
deemed in compliance with the
secondary containment requirements
promulgated today, and therefore need
not install a new secondary containment
system at the facility. EPA don want to
clarify that all aboveground tanks and
containers must be within a secondary
containment structure that is impervious
to used oil. and capable of preventing
the migration of used oil spills or
releases to the environment
An Apnl 29.1992. memorandum from
EPA's Assistant Administrator for Solid
Waste and Emergency Response
(discussed above) addresses
10 See 'Summary Descriptions of Sixty-Three
Used Oil1 Superfund Sitei ' and •Summary
Description* of Used Oil-Related Damages at
RCRA-Permitted Facilities "
" For further discunran of the beau for the
secondary containment requirement and the
matenala suitable for conatrucling isgpervioua floor
and dike*, berms. or retaining walla, see section
VIE3 of today's preamble.
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41596 Federal Register / Vol 57 No 178 / Thursdji. September 10. 1992 / Rales and Regulations
eboveground storage tank technologies
that may be used to provide secondary
containment at SPCC-regulated
facilities. The memorandum state* that
alternative aboveground storage tank
systems that have capadHae generally
less than 12400 gallons my provide
protection of navigable waters
substantially equivalent to that provided
by the secondary containment systems
listed in 40 CFR 112.79(c) of the SPCC
regulation. An example of an alternative
aboveground storage tank system dial
generally would provide substantially
equivalent protection of navigable
waters ta a sfaop-febricatod doubled
walled tank installed and operated win
overfill prevention measures that
include an overfill alarm, an automatic
flow restrictar or flow shut-off, and
constant monitoring of all product
t-ansfen Including used oil Used oil
tarJu meeting with the secondary
containment equivalency discussed in
the memorandum of April 28,1882. are
considered to be in compliance with the
secondary containment requirements for
aboveground tanks established in
today's rule.
In the 1991 Supplemental Notice, EPA
requested «««•••»•««» on the types of
material that could be need to construct
oil-impervious structures including
berms. dikes, retaining walla, and floors.
EPA did not receive any comments
specific to the request Since publication
of the 1901 Notice, the Agency has
studied the permeability of some
commonly used construction materials
such as cement clay, asphalt plastic
and steel. EPA concluded that the
selection of a suitable material for
construction depends upon the size of
the storage units and the site
characteristics. As stated in the cost
analysis section of this preamble, most
of these materials are currently used for
the purpose of containing releases under
other regulatory programs. EPA believes
that any of these materials can
adequately prevent releases of used od
to the environment from storage units
that are properly operated and
maintained at used oil processing and
re-refuung facilities, therefore, the
Agency feels there is no need to specify
the type of oil-impervious construction
matenal that must be used at all
facilities. For the cost analysis that
accompanies today's rule. EPA used a
secondary containment scenario that
includes a 3-lnch asphalt Boor with an
annual application of sealant. EPA
believes that a floor of this type is
adequate to contain used oil releases
since there should be minimal or no
vehicular traffic around the storage
tanks or within the bermed. diked, or
walled area When installing new tanks.
however, facility owner/operator will
have to take into considerations the size
of the tank that the floor will be resting
upon. Depending on the size of the
floor's thickness, and the type of floor
installed, the appropriate construction
material may change.
f. Applicable UST and SPCC
requirements for used oil storage tanks.
If used oil Is stored in underground
tanks, the owner or operator of a used
oil recycling facility must comply with
the requirements of 40 CFR part 280.
Including the corrective action and
closure requirements of part 280
subparts P and C. An underground
storage tank used for storage of used oti
that meeti the underground storage tank
definition under 40 CFR 280.12 moat
comply with part 280 requirements. Aa
discussed ta the 1991 Supplemental
Notice, technical standards for
underground storage tanks (USTs) have
been promulgated since publication of
the 1985 proposed rule. The Agency
stated in the preamble to the UST final
rule (S3 PR 37112: September 23.1988)
that EPA believes tht used oil when
stored In underground tanks, presents
risks similar to other petroleum products
stored hi USTs. As a result EPA
determined that used oil USTs mast
comply with the tank upgrading.
operation and maintenance, corrosion
protection, corrective action, closure,
and financial responsibility
requirements promulgated under part
280 for other petroleum product USTs.
The Agency believes that the subtitle I
standards are sufficient to protect
human health and the environment from
potential releases of used oil from USTs.
In addition to all of the storage
requirements discussed above, used oil
processing and re-refining facilities that
meet the applicability criteria for the
SPCC standards contained In 40 CFR
part 112 also must comply with aD
applicable SPCC requirements, including
maintaining containment and
diversionary structures to control
releases of oil from aboveground storage
tanks.
g. Response to releases. Upon
detection of any release or spill within
the secondary containment ana from
transfer operations or from aboveground
storage units (tanks and containers).
owners or operators must take steps to
stop and contain the release, to remove
all released used oil from the
containment area, and repair or replace
the damaged tank or container. Release
used oil must be removed from the area
and must be managed (/.A. treated.
recycled, disposed) in accordance with
the requirements of this part and any
other applicable parts of this chapter In
addition, whenever there is a
catastrophic release or spill of used oil
and used ml migrates beyond me
containment structure and reaches the
environment corrective measures must
be taken to adequately protect human
health and the environment from
potential damages. This requirement
does not apply to past releases of used
oil that occurred prior to the effective
date of the used oil program within an
authorized state in which the faculty Is
located. This above requirement applied
only when there la a release to the
environment Under this role, this would
not Include releases within contained
areas such as concrete floors .or
impervious containment areas, unless
the releases go beyond the contained
areas.
In addition to the provisions listed
above for releases of used oil and. in
addition to the corrective action
requirements for releases from USTs
provided in 40 CFR pan ZBOisubpart F.
owners of used oil processing and re-
refining facilities are required, under
CERCLA section 101. to report a ralaain
of hs.Ttiinfffvt substances to the
environment when the release is eejwl
to or in excess of the reportabie quantity
(RQ) for the particular substance. Used
oils that are contaminated with
CERCLA hr—-1'—• substances (04.
doe to the •veaeace of elevated levefe of
lead) are sublet to CEBCLA release
reporting requirements. Therefore*
rekwsea of ueed oU ooBtataing each
contaminants Into Ike environment fa
quantities greater than the reportabie
quantity awat be reported to the
Nal
i Center. The catrant
RQs for CBRCLA haiardoas auhatanrea
are listed la 40 CFR aoiA In addttoB.
under 40 CFR part 1*0. any dsscbaqfi of
oil that violates apoUcabla water quality
standards or daeass a flea or shesn on
a water swrnee SMS* be reported to dM
National Response Center.
h. Analysts Plea. The c
operator of a eeed ati |
refining ma
procedures to asssan a I
knowledge of the contents of any uaad
oil handled at the facility. Thaw
procedures an to be established through
a written analysis plan describing the
procedures to be used to comply with
the anatysia requirements, aa required
by 1279J6. Bach facility must prepare
ananalyftopiaawhlcharacUitywul
follow when performing samptng and
analysis, keeping records, and when
complying with the analytical
requirements for documenting the used
oil fuel specification.
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Federal Register / Vol 57. No 1T6 / Thursday. September 10. 1992 / Rules and ReguldUona 41597
For the analyses described below, the
owner or operator must ipeofy in the
facility's analysis plan the frequency of
sampling and analysis. Toe owner or
operator muat perforoasaplifig and
analysis on a schedule that it adequate
to meet all applicable fenybeaenU and
assures that all used ofla managed at the
facility ore handled safely and in
compliance with all appHcahla used oil
and Subtitle C regulations.
/'. Rebttttablt presumption and
halogen detoraunatioa. An owner or
operator of a used od procesaoc/re-
refiner facility muat ensure that any
used oil handled U*. received boa a.
used oil generator-or a coUectu/
transporta) at the facility ia oat mixed
theeacdouai
whether used oil has been mixed with
chlorinated (balogenaied) listed
hazardous wastes. If the total halogen
conieat exceeds 1.000 ppm, it it
presumed that mixing has occurred per
the rebuttabU presumption codified
today aa 1261J(aK2Xv}.
As discussed above, lhs>reo*ttafai»
preaumptiOD, doea not appiy tot U> U*td
melalworking oib/fhtids mntaiimig
chlorinated ;«»••«•• on the mssriirim
that these used at/fluids an recycled
under a tatting arrangement to undue*
reclaimed BMtfJworking otfaWfinide; ar
(2} used UMiutiseur oila i
refhgentioo i
with I
should be eetabfiahed within the
facility's, written, analysis, plan Inquired
in 127Ut) and the results of each
procedure documented aa part of the
facility operating record, to damps* tra to
that the owner or operator wifl assure
against such mixing and comply with
the halogen determination requirements
of 127U3. The analysts plan should
specify bow. or with what methods, the
owner or operator wiB analyze used oil
to assure that the used oil ia not awwd
with heaardoua wastes. Aa discuaaed
above. EPA presumes that any used oil
containing more than 1.000 ppm
tMlogena has been mixed witb
thlorinated hazardous wastes. To rebut
[his presumption, the owner or operator
must be able to document (at providft a
copy of documentation from prior used
oil handlers) at any time that the used
oil was not mixed with hazaidaua waeta
(e-8-' by demonstrating, that the presence
of 1.000 ppm or more of total halogenaJa
from some other source). TAB Agency
believes that a facility-prepared
analysis plan wifl identify at what time
during the chain of custody, the fc*!flf*y
owner/operator wifl rebut the
presumption of mixing, In addition. EPA
believes that an analysis plan wffl alao
indicate a procedure for handling a
shipment of the adulterated used oil if
received by an used a&iraeesaar/ra-
refiner facility especWRfcwhen the ghmt
facility is not a co-insaesjaentEadBty
{i.e.. permitted to maaagsi Hazardous
waste). A facility may rebut the
presumption of mixing when accepting
used oil for processing, re-refining, or
Wending; upon producing a. specification
fuel; prior to marketing tt as off-
specification fuel or both when
accepting used oil and shipping recycled
roducts (04.. burner, fuel lube
iedstock, or reclaimed lubricants} to
te end users.
Under | 279153. analyzing for total
halogens Is required to determine
fluoraceAsea KJOfcoat
reclamation off the CFCs at a*«
CPCi
applies to theee two typea ef OSB>
are not mtaud wMh ased esl'
(acklrr/a analysis phu. If an owner or
operator of a used ofl processor /rs-
refiner fadltty markets specification
used oil fuel the owner or operator mast
document thai the used oil meets the
specification levels in the facility
operating record, and muat cross
reference documentation that the used
oil meets the specification to the burner
or marketer.
iij. indicator poroaetan. In tta&> EPA
proposed that all owners and operators
of used oil processing and (a-raflau
facilities that also manage
wastes at the same facmty. taat their
used oHs for the presence of iadkaker
parameters, btdicator parameters are
those constituents that were comnonty
present u» ths heaardotts wastes
handled at the facility, but no)
comnoaiy found in used oils.
The majority of comnenlen who
commented on the proposed eMklytic
requimneBte stated that there is ns>
need for the proposed) i
parameter
facilitiae, Th
the indicator
facilitiee are hesardoes waste radlMee
operating under interim status ore hitt
perssrt. Cunweiilera slated the!
intentional mixing of eeed eas and
hazardous wests* does net occur el eo-
managemeBt facfltle* dbr to tte hat
that BBbdn* would iedbe»«M
Mnsreasori
wastes.
EPA is concerned about the bcmint ef
used oils coBUiHfflf hjgb hveb ef
halogen* m unrinHiflilsd burners.Be*
metalwoihiHg oib and used comyreesar
oils the* contain »Me> level of
haJegvneled eonsbtttente (>10B9 ppm)
can net be bsned safely IB oBsenMM
boilers and fanwcc*. If sneh «serf ofle
are to be OVFOOQ lor eiMrgy recovery.
they meet ee^owneo' erncHWes tnet era?
or» ir Bswsev eu BOS* been* mneo win
hazardow waete, wtth sebpart H of port
286.
it. Speeifkjetibn amtoitfoet Owners
or ouetetaf s wha dana en socea^tlon-
fcem iiigulattun under 4J CFt znn far
specification used oft he* must analyze
for the speciflcatlon nsed* oft fael
parameters f/.e, sneak, HKftofaim.
chramum had total habgeio. and
Dash potntf sad prorloV documentatton
of testing sad sanpEng mathoda used
and) the frequency of sampling In the
usewestUpe»
pubUe.
decided IW*B»
requSMsseflSt lor
Forthtefii
owner or opera tor of a used1 eflrecycteg
facility wet speeiry ia me fadHty'i ^
anaryela ptaB tte beiiueney of sauylusj
and analysis. The owner i
meet perfarm sampKntj and saahala oa
a schedule drnt to adeejoete to asset aJ
lhat aBwed ofls maBeged at tMhdttlf
are handled1 safely and te csnaBsjKB
wMk at appHcabte asedott nunusjemsni
standards.
bt the MB proposed maaaaemant
standards. EPA leajnested comment ea
the need to specify, a
for sampioa and anaJysii at tbe
processing and re-refining radaVes.
Although BPA received •event
comments on Ae sub fact the
commentera did not
need to set a apecifk
the acheoVle should be. IfEB*.
a schedde. R Is apparent tram.
public coBBanta received OA tl _
that It is prohahiy notposahb to
develop a testing frequaacy sehej
that wodd be aporoprkta fior ail
andsfaeaofusedailpTCcnnlng,
refining facilities and take ina»i -
the many facillty-spedfic varieties that
affect sampaag and anah/sU
frequendea. Thanfora. aeder today**
rule. EPA ia not nravidbu a spedfie
schedule, tea ia raejuttag owaen or
operators ef used oilprecesstag asxt rs>
refining hdUfcwa to estabhaha tsslored
samplBg Mdaealysk schedale the* wiB
be spproptteie to tteirpartiesler
facility ae4 lhat assets the uweat ef the
sampMng aad sasljisis i sipili SIIISIHB
This nhedub saast be docunesrted «>
Records of ett aswtysjae eoadadsd at
the facility to comply wttb t
mill snsljiis ismaiinnsnls meat
-------
41598 Federal Register / Vol 57. No ire / Thursday. September 10. 1992 / Rules and Regulations
maintained at the facility in the facility's
operating record for a penod of three
years, as specified in § Z79.57(a).
i. Tracking of Used Oil. Conunenters
Favored the 1991-proposad tracking
requirements for used otl procesaors/re-
rellnen. EPA believes that these
facilities are the ultimate decision
makers for the fate of used oil.
Therefore, the Agency is finalizing the
majority of tracking requirements
proposed in 1991 which include keeping
the records oT each used oil shipment
accepted for management and the
records of each shipment of used oil
delivered to the endusera. The
requirements are specified in | 279.56.
Furthermore, these record* may take the
form of a log, invoice, manifest bill of
lading, or other shipping documents.
These record* will provide the
information necessary for preparing -
biennial reports for the facilities' used
otl activities required in \ Z79.57(b)
discussed below.
j. Operating Record. Owners and
operators of used oil processing and re-
refining facilities are required to
maintain operating records included in
S 279.57{a) of today's rule, until closure
of the facility. The records include used
oil analyses performed in accordance
with the analysis plan required under
S 273.55 and summary reports detailing
all incidences that require
implementation of the contingency plan
specified at 9 279.52(b).
k. Reporting requirements. Owners
and operators of used oil processing and
re-refining facilities are required to
report to EPA or an authorized state
agency in a letter, on a biennial basis.
the following information: (1) The
Facility's EPA identification number.
name and address: (2] the calendar year
covered by the report; and (3) the
quantities of each type of used oil
accepted for recycling and the manner
in which used oil Is recycled at the site
(if the facility recycles used oil in more
than one manner, ihe quantities of used
oil recycled should be reported for each
recycling method (e.g.. burning.
processing))
Reports documenting the information
lifted above must be submitted to EPA.
or the authorized state agency, by
March 1 of each even numbered year
and cover used oil recycling activities
conducted during the previous year.
Reports need only be in the form of a
tetter or spreadsheet and no formal
reporting form will be developed.
The information identified above is
similar to that listed on the Hazardous
Waste Biennial Report Form [No. 8700-
138). The information requests were
designed m this manner to assist owners
and operators of used oil processor and
re-refiner facilities in preparing the used
oil biennial report. Many owners and
operators are familiar with the
hazardous waste biennial reporting
form.
Commenters supported the biennial
reporting requirements proposed fat
used oil recyders in the 1901
Supplemental Notice. As noted in the
Supplemental Notice. EPA believes that
the information provided by the used oil
processing and re-refining facilities will
help the Agency when developing Phase
II management standards thai may
include incentives for encouraging DIY-
generated used oil recycling and/or
more stringent management standard*
for a particular form of recycling (e^.,
used oil burning). EPA also believes that
the information collected from
processors and re-refinen will allow the
Agency to monitor the flow and
disposition of used oil and to allow the
Agency to assess the rotative amounts
of used oil that are recycled in different
manners.
The reporting requirements
promulgated today will apply only to
used oil processors and re-refiners and
not to used oil burners or to transporters
who directly market used oil fuels. The
Agency believes that the information
that is required of processors and re-
refiners will indicate quantities of
specification fuel and off-specification
fuel produced. In case the Agency wants
more specific information on burning
activities, EPA may obtain additional
information through a survey or by
• reviewing shipping records maintained
by burners and used oil transporters.
I. Closure. Owners and operators must1
ensure that the units and areas used to
store and recycle used oil are closed to
the extent necessary to protect human
health and the environment and in a
manner that controls, minimizes, or
eliminates post-closure escape of used
oil and used oil residues to the ground,
atmosphere, and water. At the time of
closure, owners and operators who store
used oil IB aboveground tanks must
empty the tanks, remove or
decontaminate residues from the tank
system, remove and decontaminate
containment system components.
contaminated media, and any structures
and equipment contaminated with used
oil released after the effective date of
today's rule. Contaminated media.
components, structures and equipment.
and any used oil removed from the site
must be managed as a hazardous waste.
if the media, waste, or material meets
the definition of hazardous waste, pet 40
CFR 261.3(d).
If the facibry owner or operator
cannot successfully remove and
decontaminate all contaminated media
at the facility, then the owner or
operator must close the tank system(s)
and perform closure and post-closure
care in accordance with the
requirements of 40 CFR 26S.310 that
apply to landfills. EPA deferred the
financial responsibility requirement for
used oil processors and re-refiners in the
1965 proposal and 1991 supplemental
notice. EPA believes that the closure
steps necessary under today's rule can
be implemented without the financial
responsibility requirements for facility
closure established under subpart H of
Part 264/285. The closure requirement
promulgated today only requires unit
closure and removal of contaminated
media in the immediate vicinity of the
used oil storage/processing unit. EPA
believes these cost* are not tikery to be
excessive and can be borne by owners/
operators without the need for financial
assurance that is necessary for RCRA
subtitle C hazardous waste treatment.
storage, and disposal facilities. In
addition, the Agency believes that many
used oil processors/re-reflners would as
a business practice routinely set aside
funds for complying with the business
insurance requirements. (See Coat and
Economics Impact of 199Z Used OB
Management Standards. August 992.
available in the docket accompanying
this rule.)
Owners and operators who store used'
oil in underground storage tanks must
comply with the closure requirements of
40 CFR part 280. subpart C.
Owners and operators who store used
oil in containers must remove all
containers from the site at the time of
closure. The owner or operator must
also remove and decontaminate aO
residues, contaminated containment
system components, contaminated soils.
and any structures and equipment
contaminated with used oil and manage
them as hazardous waste if the media.
waste, or material meets the definition
of hazardous waste, per 40 CFR 261J{d)
or 2u!,4(b).
Based on information gathered from
documentation of Superfund sites where
used oil was identified as one of the
major constituents of concern managed
at the site. EPA is convinced that
closure requirements for tanks and
containers and for the area at existing
facilities are important EPA believes
that the secondary containment
requirements for containers and tanks
established today will minimize the
need for extensive closure in the future
since the potential for a release of osed
oil to migrate into Ihe environment will
be reduced. The requirements of today's
rule should ensure against damages that
could result at abandoned sites by: (a)
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Federal Register / Vol 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulations 41599
controlling [containing] used oil spills or
releases that may occur during the
operation of used oil processing and re-
refining facilities and (b) requiring the
removal of contaminated'soils in the
vicinity of or beneath tne-enoveground
used od storage and prnrsssiiifl units at
closure.
m. Other applicable requirements. In
addition to complying with the
requirements of subpart P. owners and
operators of used oil processing and re-
refining facilities who also transport
used oU off-site must comply with the
requirements for used oil transporters in
subpart E. Owners and operators of
iisedoU processing aiid.rs»4efiiBna
facilities who marital used oil fuels must
comply with the requirements of nropart
H: owners and opentots who bum used
oil fuels must comply with the
requirements of subpart G. Disposal of
used oil must be performed in
compliance with the requirements
specified In part 279. subpart L
Similarly, management of used oil
processing and re-refining residuals
must be performed in compliance with
the existing RCRA requirements. In
addition, used oil generators who
recycle used oil on-sile in a manner
other than burning for energy recovery
must comply with the standards
promulgated today for used oil
processors and re-refiners.
5. Standards for Bursars of Off-
Specification Used Oil FueJ
a. Applicability. 40 CFR part 279,
subpart G applies to owners-and
operators of facilities when off-
specification used oil fuel is burned for
energy recovery in any boiler or
industrial furnace and hazardous waste
incinerator subject to regulation under
40 CFR part 284 or 265. subpart O. The
requirements are shown in Table VTS.
The requirements of 40 CFR part 279,
subpart G are applicable la (1) Owners
and operators of facilities (hat burn used
oil fuel for energy recovery where the
fuel does not meet the specification
levels for the constituents listed la
t 279.11 (previously 4»CB> 288.41); (2)
transporters or nanMsBS who burn
used oil fuels that dnpHBcet the
specification for used asHbais (used oil
transporters are also sobfact to 40 CFR
part 279, subpart E and marketers an
also subject to 40 CFR part 279 snbpart
H): and (3) used oil processing and re-
refining facilities that also burn ofl-
specification used oil fuels (used oil
processing and re-refining facilities also
are subject to 40 CFR part 279. subpart
F)- Used oil fuel, or used oil sent off-site
to be burned for energy recovery.
includes any fuel produced from used oil
through processing, blending, or other
treatment. The requirements of subpart
G are merely the existing requirements
of the former part 266. subpart E. with
minor modifications. EPA summarizes
these requirements below.
TABLE Vt.5.—STANOAROS FOR BURNERS
OF OFF-SPECIFICATION USED On.
The requirements under part 279,
subpart G are not applicable to persons
burning used oil fuel that meets the used
oil fuel specifications of 40 CFR
279.11." provided the marketer or
burner of such fuel complies with the
requirements of (hat section.
Used oils that are hazardous wastes
may be burned for energy recovery In
compliance with subpart G of part 279,
instead of 40 CFR part 260. subpart H
(standards for burning hazardous waste
In boilers and Industrial furnaces).
provided the used oil fuel Is hazardous
solely because it exhibits a
characteristic of hazardous waste by its
own nature or was mixed with
hazardous waste generated by a
conditionally exempt small quantity
generator regulated under 40 CFR 2B1.&-
Bumen who treat off-specification
fuel by processing. Mending, or other
treatment to meal Ins spscificfltfon
levels contained m 40 CFR 279.11. must
comply with the processing and re*
refining faculty standards of 40 CFR part
279. subpart F and the used oil marketer
standards of subpart H of part 279.
b. Restrictions. Used oil fuel that is
off-specification (i.e.. used oil fuel
exceeding any of the specifications of 40
CFR 279.11) may be burned only m
industrial furnaces or boilers (defined in
40 CFR 260.10) that meet the fuBslmuig
criteria: (1) An located on the Ass
part of • manufacturing precessV§vff,
11 TlM ipaoBcatton tarab av. trtttuc-S ppm.
maximum: cadmtaa*! ppov nmlnmnr
chrannia -10 ppm. muonnun. tad • 100 ppo.
maximum. rUab pctol- MOT. minimum: total
ha logtni-4JOOppm minimum.
cement kilns, asphalt plants)'
materials are transformed mto otw
products, including the component parts
of products, by mechanical or chemical
processes; (2) an utility boilers that
generate electric power, steam, heated
or cooled air, or other gases, qr fluids for
sale for energy purposes; (3) an used .
oil-fired space heaters, provided thai the.
burner complies with 40 CFR 279J3» or
(4) an incinerators In compUaace with
parts 264/2B&, subpart a (See f 27ML
for the specific restrictions.)
c On-aite Homing in $MCV Haaten.
Used oil may be burned m • usedotf-
find space heater, provided that m*
space heater buns only used oil that die
owner or operator generates andror
used oil obtained from household DIY
oil changers. The space heater must
have a maximum capacity of not men
than 0.5 million BTU per hour and the
combustion gases from die burner unit
must be vented to the ambient air.
. d. Notification Requirement* Burners
of off-specification used oil fuel must
notify the appropriate EPA Regional
Administrator using EPA Form 8700-12
or by submitting a letter, stating the
location and general description of used
oil burning activities, unless die owner
or operator of die facility has previously
notified the Agency of their used oil
burning activities. Upon receipt of this
notification. EPA will issue an EPA
identification number to the burner. This
requirement does not apply to: (1)
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41600 Federal Register / VoL 57. No 176 /' Thursday. September 10. 1992 / Rules and Regulations
Burners who only bun specification
used oil fuels; (2| burner* of
SpeCttiCBttoB OMB OB HM WOO KCC1VC
the fuel bom used od maifcatois who
ha ve notified H»A of (Mr used oil
management activities ad wee have
piundod appropriate UtfanMticMi
concerning specification.!**! ctaimc or
(3) generators who bun mad oil met to
generated on site only in used oil-fired
space beaten.
e. Certificate*. Befcra a burner mat;
accept the first shipment of off-
specincatfoa used oil fuel from a
marketer, the burner must provide a
one-Una written notice oartijysng thai
the burner has notified EM otetfteg Ike
location aad general ihaolallofi of ma
buraef'a used ofl management ectivtoee
and that the burner wiU bum used oil
only in an tadneMel faraace or boder
identified in 40 OH 2fBj81{a).
f. Storage JtoowuumiKs. Owners or
operators of facilities that burn used oil
for energy recovery must store att used
oils either to tank* or containers. All
abovegreund tanks and coatainera must
be maintained IB good condition (**. no
visible signs of leaka or structural
damage). EPA believe* that the practice
of storing used oil la valued lagoons.
ponds, pita or surface Impoundments is
not very common and it la inherently
unsafe aad poses an undoe risk to
human haalth and the environment"
Therefore, today* rate requires that all
used oik be stored la abovegraund
tanka or oealaiaers or SB underground
storage lank*.
The owner or operator of a Eacflrty
that buna wed od awat label aQ
abovegrouad taaka and container* uaed
to store used 08 and all ill pipes need to
transfer used oil to uadanjroend storage
tanks with the wards "used eiL" BRA is
requiring owners and operators to
clearly label atomae unite used to store
mixing and ensure that only used oil is
placed to tanks reserved tor the storage
of used oiL
Owners or operaton of lacffiliea that
burn off-epecifirarinn used ofl and who
store uaed oil in abovagxound tanks or
container* muet equip die storage area
surrounding the »»i«H^gj tanks or storage
area holding container* wUh a floor and
secondary containment structures
(dikes, beans, or retaining walla) that
are made of a material that is
impervious to ad and that are capable of
containing afl potential apiQa and
releases of used ofl to sol surface
Md •*: MM** te rf und«U ta i
at mhtf \»nt hiini»lli urtrvnfr
prohibited unbM UM owaar or operator of (he uafl
openim ft* wM bi Mi cDopMmn ««h
water, and ground water from the tanks
or ooatamen enbl the facility owner or
operator can take measures to dean up
the release. The floor eneer •"•M"e
storage tanks mast cover the entire area
within the containment structure, except
where easting tank portions meet the
ground. For new tanka. the floor aaet
cover the entire area within the
containment structure (for additional
discaeetoa. see section Vl^.f of this
preamble).
EPA i* reaeJrUuj secondary
containment for aboveground storage
areas because the Agency has
documented that pee* storage pseeoee*
at uaed oil management facilities has
resulted in releases of need oil to the
environment, m the background
documents supporting this final rule.
EPA he* documented danages that have
occurred as a result of past storage
practices at used oil management
facilities.**
If used oil is stored in undergraend
tanks, the owner or operator of a nsed
oil burner facility must comply with the
USTiiiaeeei ts of 40 CFR part aae. hi
addition, burner facilities that meet the
applicability criteria for the SPOC
standards in W CFR part 112 must
comply arttfc those provMc
g. Response to releases. Owners end
operators of ased orl burning facilities
who store uaed oil in abovegrowad taaki
and containers must comply with the
same release response requirements a*
those promulgated for used oil
processing and re-refining facilities.
Whenever there Is a release or spill el
used afl to the eavireaBwnt the owner
or operator must remove released used
oil and contaminated medU boa the
area, including used oils held ei the
and oontsjrflinatBd media removed been
the ana awat be msnafrrl (/.e, treated.
recycled, disposed) hi •ccordaaw with
the requirements of the part and say
other applicable para of this chapter.
These feaeiremenu do not apply to past
releases diet occurred at die faculty
prior to the effective date of the esed ed
program within an authorized state m
which the facility is located This above
requirement applies only when there 4s a
release to the eavirownent. Under due
rule, this would not include releases
within contained areas such as concrete
floor* or luiuuniees oontamnent ares,
uidees the releases go beyond the
contained i
In addition to the provisions listed
above far reteeses of used oil and in
adduioa to the corrective action
requirementa for releases from USTs
provided to «n CFR part 2SQ. eubpart F.
usedodbureeraofaff-epecsfkataoefaei
are required, ender CQiCl^^ SeotieBi
103. to report a release of hazardous
SHbstaaees to die enve-onment when MM
release is eaeai to or ha excess of the
reportaMe quantity (RQ) for the
partlcvmr eebstance. Used oil* that are
contaminated with CERCLA hacardees
substances \e^ doe to Ae presence of
elevated taveta of feed) are vebfect te
these CSRCLA reteese reporting
used el containing sudi cootamiaetk
into the errvf
Bt tn 'quentftles
greater man fte reportBDte qvnntny
must be reported to the ffatiomt
Response Center. The current RQs for
CBRQA hazardous substance* are
listed In 40 CFR 302.C m addltioa. under
40 CFR part 110. any discharge of ofl
that violates applicable water quality
standards or causes a film or sheen on a
water surface must be reported to the
National Response Center.
h. r'nnrf in f /ni if niiiifj in'n iTinfiiMsJ A
used oil burner must ensun that ady
used oil fuel handled at the buneft
facility is not mixed with hnrnnina*
wastes. EPA will continue to presume
(per S 281 J(aX2Kv). previously { 266.40)
that any used ofl coBtaMng more then
1.000 ppm halogens Has been mrxed wffh
chlonnatad hexerdoea wastes. Tesebut
this presuempuee. the ewner or operator
must be able to document that the used
oil seel wea eat mixed with i
waste (ft*, by 4
presence of UBOpna or i
halogens is i
Nets: Used nfl fuel prVesson or
marketen nay conduct analyses to docnmett
that the nsed ad conumi less nan MM ppn
haJogstts. Vsed ofl burners may use vis
InfomMttoB BI nnktag ttetr own
drtermtarton tat to rebulttag Un>
pmumptlaB of BDdns;
L
an invokv frssna
under the
must
at In
1*1
efSubpaitH
DoeumevtaBianof
trysaeisemsmtbe
any
maintained for at feast duet _
burner mast mssntsiH a copy ef.
certifloBtiea seat sea
nila.
I
burner received \
spsKsficeaen ased«s) feel from that
marketer. A burner may use an
iiuiaHamWihllMiytogmueuefea
invoice.
-------
Federal Register / Vol 5r No \To / Th'-rsdd\ Septe-rber 10 1992 R'Jes dr>d Reauidt or.3 41601
No reporting requirements are being
promulgated for used oil burners of off-
specification fuel. EPA believes that the
Agency will be able to obtain burner-
specific information by inspecting
invoices kept by burner* and the
acceptance)delivery log* kept by
collectors/transporter*, processors, and
re-refiners.
j. Possible future regulations for used
oil burners, EPA received several
comments suggesting that EPA revise
the used oil fuel specification levels.
particularly for lead. Such comments are
beyond the scope of today's rule, since
EPA did not propose any changes and
EPA doea not address these comments
here. None the less, aa noted in the 1991
Supplemental Proposal. EPA intends to
conduct additional studies of used oil
burning activities to address public
concerns regarding potential lead
emissions from used oil burners. After
such studies are complete. EPA may
either develop emissions standards for
used oil burners or may revise the
current specification limits for used oil
fuels, if analysis suggests that additional
controls are necessary to protect human
health and environment.
EPA believes that the phase-down of
lead in gasoline over the past 6 to 6
years may have resulted in a significant
reduction of lead levels in used oils
generated from gasoline-powered
engines. The Agency's pre-1985 data
show thai ased automotive engine oils
that were sampled from storage tanks at
processing and re-refming facilities
averaged around 1.200 ppm lead. On the
other hand, the Agency's data that were
collected in 1968 and 1989 and the data
submitted by the commenters in
response to the 1991 Supplemental
Proposal suggest that used oils from
gasoline-powered engines that were
sampled from storage tanks averaged
approximately 80 ppm lead. These data
suggest that the Lead Phase-down
Program may have had a significant
effect on reducing the lead in gasoline.
Based on these data. EPA believes that
a significant amount of used oil does not
fail the used oil fuel specification limit
for lead. However, if the Agency
determines that the specification Unit
for lead should be lowered greater
quantities of used oil may then exceed
the specification requirements.
k. Closure Requirements. In the 1985
and 1991 proposals. EPA considered
deferring closure requirements for used
oil burners, based on the lack of risk
data supporting the need for closure
requirements at these sites. Since 1991.
while reviewing the available Supernmd
site information and RCRA enforcement
case data, the Agency has not located
substantive damage information specific
to burners. This leads the Agency to
believe that environmental damages at
used oil burner sites does not appear to
be a substantial concern (i e . ha%e not
resulted in environmental damage of a
significant magnitude that it has resulted
in the site being identified as the NPL
site). Therefore, the Agency believes
that closure requirements for used oil
burners are unnecessary at this time.
hence, EPA is deferring such
requirements.
6. Standards for Used Oil Fuel
Marketers
On November 29.1985. EPA
promulgated notification, analysis, and
recordkeeping requirements for
marketers of used oil fuels as part of the
used oil final Phase I burning regulations
(40 CFR 288.43). Today EPA is
consolidating all of the regulations
related to recycled uaed oil into one part
of the CFR to alleviate confusion on the
part of the regulated community and to
provide consistency in the regulations.
Therefore, the used oil fuel marketer
requirements previously codified as 40
CFR 266.43 will now be codified as 40
CFR part 279. subpart H (Standards for
Used Oil Fuel Marketers). EPA is
changing the designated codification of
the used oil fuel marketer requinments
and reordering the appearance olthese
requirements without modification.
Table VI.8 summarizes the requirements
established for the used oil fuel
marketers.
TABLE vi.6.—STANDARDS FOR MARKETERS OF USED OIL FUEL
NworMttng
NoMcuon and EPA MtnoScaBon numb*.
Tfaduno-<*t-.)p.Krtc«flon (us)
Tradunq on-^eaHoitton tol —
RaoonlkMpng _. ..._.. _ _
Dissmt.
EadsSnQ OWOGM) .
E«Mn9.
1279.71.
1279.71
1279.73.
IZ79.74M.
|279.74
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41602 Federal Register / Vol 5?. No 176 / Thursday. September 10. 199: / Rule* and Regulations
should be treated as processor (recyder)
under today's rates. The Wending and
fuel production processes, and the
associated storage of otiaaod heta.
documented ra the mfnraatlnn available
for die fuel od marketers Identified as
NPL sites and from the ROA
enforcement acHons being panned by
the Agency. Thus, EPA believes it is
appropriate to regulate those who Mend
used oils to produce fuels under the
procesaor/re-fefiaer aUodords
established today. Howew. (how
facilities win caaaalidala shipBnaats at
uaed oil baton stadia* to oanaaMdaled
ofl for recycBag are classified ae
transfer faculties and an subject •» te
transporter standards.
7.
aadueeaea.
a. Disposer1 eftbeo'Or! As explained
above. EPA believes thet most uoedorla
are recycieotei o&ice uiere are caees
where pwttcmar types or botches of
used afi are net recyclable. EPA
understand* the need to provide far tf»
safe and proper disposal of need oils ta
these Uoriksd dreosBtUnoea. BPA ia
today |ii iBHigiiilliig dbpoeal standards
for oan-recrclabse v*ed oda under 40
CTC pert r9laabpartt given SB Table
vtr.
TABLE vi.7 —STANDARDS FOR USE M A
DUST SUPPRESSANT AND DISPOSAL Of
USED OIL
OOOOttl ..
UMMIdMt
MM or
JZ7MJ
On May 20.1982 (57 PR 21524). EPA
promulgated a listing detarauattfea for
med oMs that are disposed. EPA
determined that It was not necessary to
list these used oils because tbrtrr used
oils that present an undue risk to human
health and the environment typically
and frequently fail the tOdcfty
characteristic leachinffaocvdure. Siacsj
such used ofls are idoffiad as a RCKA
hazardous waste. EPA saw no need to
list any ased oik as hazardous waste
when they are disposed.
Used ofls that are identified m
hazardous wastes and are not
recyclable must be handled and
disposed of as hazardous wastes in
accordance with all applicable aobtitie
C regulations. Uted oAa that are
hazardous wastes because they exhibit
one or more characteristics ef hazardous)
waste aed are destined for disposal
must be accompanied by • hazardous
waste mavtfaat when snipped off-sHe
and must be transported to a permitted
or Interim status subtitle C disposal
facility. In addition. aD wastes that fail
the extraction procedure toidcity (EP)
test are currently prohibited from land
disposal under 40 CFR part 288.
Used oils that are not mixed with
hated hazardous wastes and do not
exhibit a cfaai aitei Istlc may be disposed
of in an industrial solid waste tandfffl or
a municipal solid waste landfill Used
ofls that an disposed in municipal solid
waste landfills after October 9, 1993.
must be managed ta accordance wttii
the RqntaMOtB of 40 CFR part St. hi
addition, afl nonhazardous used oJb) tttat
cannot be nefded aaal 10 djspoeed of
in accordance with afl appHeabu
Federal and State Bottd waste
regulations.
b. (fge at a Duat Suppntsenl in the
1985 proposed used ofl mnnimmrnt
staadarda. EPA proposed to Bat aB osed
oils as h»""«jff'f waste. S^*"*i> the
Hazardous and Solid Waste
Amendments banned the use of all
hazardous wastes [those thai an aither
listed or exhibit a hiuairions waste
chamctariaojc "**"»• »*i?*i jgnitafaflity) aa
dust aiipprassaata. Che proposad hatine
of ased oils had Jhe eflad ofejanniDf the
use of any aaed ofl as a duet
suppressant. Used oils art
use aa dust auptnaaaaala under she
statute truly MUM ay^jf] with a. itetad-
haxardoos waste or when they exhibit
the Taxidty OnrM^Tlf^f
Although the Agency has determined
thai used oQa need not be listed as
9BBsn*aBvVev ^e^VVVs99« Berff\ WH OCB^n^B^
that used oils should not bemad for
read oiling or as dust suppnsaseata due
tothatandaacy£or«sad«is«DCoaUin
i i •^*M«.kt«.^....i.«i-.i
with hazardous or toxic i
Then was overwhelming suefert from
convnoBtars f?r a ban on tna usa of usad
oil for road application and dust
suppression. Direct application of aaed
on to fte tanfl aBows for Direct
of used ofla and afl potential
Tnerefbre. in today's final rule, EPA n
banning the use of aB need ofls for road
or HUM application.
EPA recognizes mat some states have
estabnahed road ofl control programs, A
recent survey of statea« Bowever*
shewed tfurt road ofltBgU not widely
practiced, even in states mat neve seen
pragraess. Today's role provides for
states whe wish te conttnee to aflow
roadcniBgj HHBW programs designed to
control each actiiWes te petition EPA to
exempt their state from the national
ban. This petition weald «eeaHy be part
of fte state !Mfrerizetk» package, bet tt
may be a separate petition t/.e.. from an
unauthorized state). The petition should
show how the state wit) prevent the
road application of used oil that Is
mixed with hazardous waste or that
exhibits the toxkity characteristic The
petition should generally deaonstrata
how the state wiB minimize
4±u u ki vfuu£ul01 unpacts of road 4»illn^
1. Luting Used Oil as a Hazardous
Waste
supported nie eptton wot to vst used ons
poteattni eneBiaiiaueaieiii ef used ofls.
totne MB
Suppteoentni Notice overwneiBbigJy
supported laflng Option Three, ne
listing of used oil and refiance on
maiuigoiuant standards to control
mismanagement of used oils. EPA has
concluded that existing EPA regulations.
and narncuhnry tha Toxicity
Characteristic, adequately control the
disposal ef used oils that are hazardou*
wastes. The new Federal criteria far
municipal solid waste landfills uvfprt
258, as wefl as (he stormwater
adequately regulate the disposal ol
nonhazardous used ofls.
Based en fsjbkc oomowaU and the
recycling presumption discussed in the
IBSa Supplemental Notice. EPA has
determined that used oils that are
recycled do not pose a substantial
health and the environment when they
are managed to snnafrisans witit eVa
one they are generated vntB tsey nse
recycled to addition to the existing
requirements under other statuteaee
rrgiitnlnry prngrams la •"°^j"j ° •'^-f't*
determinatioa EPA considered the
technical criteria for listing in 40 CFR
281.11. the fate and possible
mismanagement ef recycled used ons,
and the onpect 01 tne ntanageBant
standards proposed m 1988 and 1991 on
the recycling ef used oils, and as
discussed above. EPA has concluded
that 6m Bscnagenunt standards iseoed
today control *o*e problems that have
occurred ta used ell recycling-
Therefore, ttsthsj need ofl to not
eneereadeeeate
protection.
2. Mixtures
i neaity unanimous
in support ef EPA"s proposal te exclude
wipers and ether materials
contaminated win vsed oil from nv
proposed fcttsag. Bawd en poMc
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Federal Register / Vol. 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulation* 41603
comments and commenter-swbmined
he Agency baa decided oot to list
ted ode as bourdon waste*.
bra. mixtures of «sed oils and
other material* are not sutamancally
hazardous wastes via the mixture rule.
Mixtures of used oils and listed
hazardous wastes wifl be rnjiatml as
hazardous wastes, whether (hey am
racy clad or aot Mixtures of used oil and
oharaeteristic *»"•«•*«"• waste that
exhibit a hazardous waste ^n^-ifrffHe
also must be managed as a hazardous ..
waste, whether they an recycled or not
However. Mixtures of jumhazardoes
materials and used oBa that •xhBdt a
characteristic by neir'own nature (lau
theusedofllscbaMoleristicafly - -
hazardous prior to ™*»^'^j) or mixtures
of used oil and characteristic liazardous
waste that do not exhibit •
characteristic are subject to the
standards in part 279 tf they are befog
recycled. Of coarse, If such a mixture
cannot be recycled and the mixture
exhibits a characteristic, it must be
disposed in accordance wtthaD
applicable subtitle C regulations. ;
MfXtOBS Of QMO OU BHQ OuKT
materials generally wffl be regulated
under pert 279. However as discussed
above* u?A nee exempted wastewaters
contamnated with very vmaO amounts'
of used oil since such mlxtnrea are not
likely to pose a significant hazard, ff
KBS of wed efl «ad sorbent
|ats from which osed oil can not be
ited. however, are burned for
energy ieuyveij, the Agency believes
that such recycling is acceptable. In
addition, it is subjected to the existing
used oil specification rod requirements
that are in effect •nee 1985 and
recodified in part 279 today.
3. Controls on Disposal
Commeoters supported EPA's
proposal to devefop guidelines for the
disposal of non-hazardous used od. The
standards being prosndgated today as
part 279 apply to all osed oils that are
being recycled. Based upon the
representations of coauaealen that
most used oil is recyclable aad is indeed
recycled ooce it is collected. EPA has
adopted a "recycling presumption."
which means that the Agency presumes
that all used oils will be recycled. A
used oil handler who has used oils that
cannot be recycled must dispose of the
used oil properly. Hazardous used oils
must be disposed in aubtide C facilities
and new Federal Criteria for municipal
onLH ivaste landfills under part 256.
go into effect in October. 1990.
introl nonhazardoiis used oils that
mc-uiaposed. For these reasons. EPA
believes that establishing guidelines for
(he disposal of used oils tc unnecessary.
4. DIY-Generated Used Oils
Nearly all the conunenten said that
listing used oil as a hazardous waste
would discourage the recycling of DTY-
generated used ofl. As discussed above,
EPA is not Hating any med oils as
hazardous wastes. As • result the major
disincentive cited by commenters for
used ofl generators to coitttaDe
accepting used oil from OIY genet a tors
has been removed. Nonetheless, in the
September 1991 Supplemental Proposal.
EPA put forth several non-regulatory
incentive options far euuiuieging
increased cuBeetion and recvdlng of
DrY-genented used omx EPA has not
evaluated all of these incentive
programs to date but will continue to
assess the need far PIT tocengves. aad
development of a non-regulatory scheme
for OIY used oils may be part of a future
used oil package.
5. Recycling Presumptioe> Criteria
Aa ohceaaed in VLB of this preamble
almost aO umiueuteis supyuited (he
concept of the lecycling vreramptit
butfewMpported-ettal:
formal criteria of "noweeydabfflty*
Commeaten wen <
ed that me
criteria for rebutting the recycling
presumption {e.gw water content BTU
value, or any oner measure) are not a
meaningful measure of recydabib^y,
since basically any used oil can be
recycled and the degree of treatment
prior to recycling is a fuiiLtluii of the
cost to the used oil generator. EPA has
determined that H is not practical to set
such criteria. Therefore. EPA is not'
establishing formal criteria on which to
base a determination of
nonrecyclability. Rather, a used oil
handler who is not recycling used oils
under part 279 must dispose of the used
oil in compliance with applicable
regulations. In other words, the used ofl
handler then must determine whether
the used oil exhibits any characteristic
of hazardous waste and manage the
used oil accordingly.
& Ban on Road Oiling
Commentera agreed that used oils are
currently not widely used for road oiling
and dust suppression. In fact 41 out of
50 states prohibit the use of used ofl for
these purposes. The Agency is aware.
however, that the other states allow this
practice under certain permitting
conditions and at least one commenter
favored allowing road oiling under
specified conditions. Today's final rule
is promulgated pursuant to pre-HSWA
authority, specifically, die Used Oil
Recycling Act of 1980. Due to this fact a
Federal ban on road oiling will be
effective only
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416M Federal Register / Vol. 57, \'o. 176 / Th'jrsca>. S-ipiar.ber 10. 199.1 Rjles ard
containment, such as double-walled
tanks. For used oil storage. Used oil
transporters, processing and re-refining
facilities, and burner facilities must
instead equip their tanks and containers
with secondary containment consisting
of dikes, berma. or retaining walls and a
floor. All components of the
containment system must be sufficiently
impervious to oil to prevent any used oil
released to the containment system from
migrating oul to the toil, ground water,
or surface waters. EPA believes that the
requirements promulgated today are less
burdensome than the aupart)
requirements, yet they an sufficiently
protective of human health and the
environment Although, subpart J
standards an not required by today's
rule, such requirements, such as a
double-walled tank.-however, would be
sufficient for compliance with today's
requirements.
10. Financial Responsibility
In the September 1991 Supplemental
Notice. EPA proposed to defer the
establishment of financial responsibility
requirements for the dean up and
closure of used oil generator sites and
used oil facilities where used oil is
stored in aboveground tanks and
containers. Based on commenters'
concerns regarding (he costs and
availability of financial assurance
mechanisms, the Agency is not requiring
used oJ handlers to demonstrate
financial responsibility for releases of
used oil. except as provided under 40
CFR part 280 for underground storage
tanks. EPA agrees with the commenters
that a formal financial responsibility
requirement similar to that in parts 284/
265 is overly burdensome for the
majority of used oil handlers. In
addition, such a requirement should not
be necessary because used oil generally
is not stored for long periods of time due
to its recyclabihty and marketability as
a commodity. Thus, there is little
likelihood of catastrophic spills that
might require expensive clean up
activities. EPA determined that financial
responsibility requirements established
in subpart H of part 284/265 is not
necessary since urut closure requirement
rather than a facility closure
requirement is imposed today. The
facilities managing used oil in land-
based units, however must be closed
like RCRA subtitle C landfills. -Rule
The majority of commenters belie* ed
thai the permit-by-nile mechanism Mas
unnecessary for implementation and
enforcement of ihe used oil management
system under part 279 EPA agrees with
the commenters and has not established
any perrmt-by-rule requirements for
used oil facilities. The Agency believes
that the recordkeeping requirements in
part 279 will provide sufficient
information for enforcement of the used
oil management standards. The Agency-
decided against the pemut-by-rule
requirement because the requirements in
today's rule are basic management
practices that are largely self-
implementing and do not require
additional permit consideration of site-
specific conditions.
12. Definition of Used Oil
In 1985 and In 1901. EPA proposed a
definition of used oil that followed the
statutory definition of used oil. but
included used synthetic oils within the
definition. Several commenters
contended that synthetic oils should not
be included because they are not in the
statutory definition. The definition of
used oil promulgated today, as the
definition proposed in 1985 and 1991. is
very similar to the existing definition in
40 CFR 288.40(b) and the statutory
definition in section 1004(30) of RCRA.
The only change is the inclusion of
synthetic oils within ihe definition.
including those derived from coal or
shale. As discussed in the 198S
preamble. EPA believes that synthetic
oils should be included in the definition
of used oil due to the fact that these oils
generally are used for the same
purposes as petroleum-derived oils, are
mixed and managed in the same manner
after use. and present the same level of
hazard as petroleum-based oils.
Vn. Effective Date
Under RCRA section 3010(b).
hazardous waste regulations are
generally to become effective six
months after final rule promulgation.
EPA believes that the policy reasons for
allowing facilities six months lo come
into compliance with new RCRA
hazardous waste rules also apply to
today's used oil management standards.
Therefore, today's final rule for the used
oil listing decision end used oil
management standards will become
effective on March 8.1993. However, as
explained below, in most states ihe rule
will lake effect in two to three yean, as
states adopt the new requirements.
VIII. Slate Authorization
A. Applicability in Authorized Slates
Undpr section 3006 of RCRA. EPA
may suihorue qualified stales to
administer and enforce the RCRA
program for hazardous wastes within
the State (See M CFR pan 271 for the
standards and requirements for
authorization} Section 3006(h) of RCRA
allows EPA lo authorize state used oil
management programs in the same
manner as state hazardous waste
programs, even if EPA does not identify
or list used oil as a hazardous waste. In
addition, EPA retains enforcement
authority under sections 3008, 7009. and
3013 of RCRA following authorization of
State used oil programs, although
authorized Stales have primary
enforcement authority. Sections "•
3008(d)(4).(d)(5),and(d)(7>ofRCRA ,
further*clarify that EPA.may assess ~
criminal penalties for violations of used
oil standards even if It doea not identify
used oil as a hazardous waste.
For rules written under RCRA .-
provisions that predate Ihe Hazardous
and Solid Waste Amendments of 1984
("HSWA"). States with final
authorization administer their
hazardous waste programs entirely in
lieu of EPA's federal program. The
Federal requirements no longer apply in
the authorized State. When new. more
stringent Federal requirements are .
promulgated or enacted, the State must
develop equivalent authorities within •
the timefranu set out in the part 271
regulations. The new Federal
requirements, however, do not take
effect in an authorized State until the
State adopts the requirements as a State
law. EPA may not enforce them until it
approves the State requirements as a
revision to Ihe authorized State
program.
The Hazardous and Solid Waale
Amendments of 1984 revised this system
for requirements and prohibitions
imposed under provisions added to the
statute by the 1984 Amendments. New
HSWA rules lake effect in authorized
States at the same time thai they take
effect in nonauthonzed States. EPA is
directed to carry out the HSWA
requirements in authorized States until
the State is granted authorization lo do
so. While States must still revise Slate
law to impose HSWA requirements to
achieve or retain RCRA authorization.
the Federal rules apply unlil they do so.
Today's rules are generally more
stringent than the preexisting Federal
rules, which exempted recycled used
oils from regulation as hazardous
wastes, but provided management
standards only for the burning of off-
specification used oils. (See former 40
CFR part 266. subpart E.) Thus, states
will be required to revise their programs
to address today's rules. Moreover, the
requirements for burning off-
specification used oil promulgated today
are more extensive than the preexisting
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Federal Register / Vol 57. No 176 / Thursday, September 10. 199; / Rules and Regu'.Anona 41605
rules EPA consequently expects that all
State* thai adopted rule* to reflect the
existing requirem«iU will need to revue
their rule* to be equivalent to the new
"off-spec" standards.
Today's rules, however, are
promulgated under section 3014(a) of
RCRA. a provision that predates the
1984 amendment!. The roles will take
effect in states (hat do not have final
authorization six months from the date
that this rule is published in the Federal
Register. In authorized stale*, the rules
will not be applicable until a State
revise* its program to adopt equivalent
requirements wider State law.
40 CFR 27LZl{eH2) requires States
that havs fiaal authorization to modify
their programs to reflect Federal
program changes and to submit their
deadline by which the State must
modify its program to reflect today's
rules is July 1.1994. if a statutory change
is not needed, or July 1.1995. if a
statutory change ia necessary. These
deadlines may be extended in certain
cases under 40 CFR 271-21(e)(3). Once
EPA approves the State's submission.
the State requirements become federally
enforceable subtitle C requirements.
Unauthorized States that submit their
final applications for initial
authorization leas than 12 months after
the effective date of this rule are not
required to Include standards equivalent
to these m their application*. Such
Mates, however, mast modify their
programs to reflect today's rules under
the schedule described above. States
that submit final applications for initial
authorization more than 12 months after
the effective date of this rule must
include standards equivalent to these
rule* in their applications. 40 CFR 271.3
sets out the requirements a state mint
meet when submitting a final
application for initial authorization.
State* with authorized RCRA
programs already may have
requirements aiotriar to those in today's
rule These State* may continue to
enforce and administer their standards
as a matter of State law. Such Stale
rules, however, have not been assessed
against the Federal rates promulgated
today to determine whether they meet
the statutory and regulatory
requirements for authorization. Thus,
such Slate rules cannot be considered
part rtf the Federal RCRA program. EPA
may not enforce them at this time.
B Administration
As discussed in section VUX of titt
preamble, a used oil handler (e.§,
transporter. processor/re-refuier. burner
of off-speckftcatioii rale, and marketer!
who has not notified the EPA of the used
oil management activity (e g. used oil
transporting, used oil processing and re-
refining, fuel oil marketing, and burning
of used oil •• off-speoficatioa fuel) must
notify the Agency of used oil activities
and obtain an EPA identification
number. The used oil generators are not
subjected to the notification or BPA
identification number requirement
Smos 198& the existing used oil
marketers and burners of off*
specification fuel have notified and have
obtained the EPA identification
numbers.
Used oil handlers who would be new
to used oil recycling business must
notify of their activity under regulations
established to Implement section 3010 of
RCRA." Thai is. in die uiwothorUed
states, • used oil handier who has not
previously notified of the used oil
management activities must obtain an
EPA notification form from EPA and
submit the form (or a letter) 90 days
from publication of these rules. In
authorized state*, the notification
deadline will be established under state
law (which most be no later man 90
days from effective date of state's used
oil rulers). The used oil handler* will
obtain notification forms from stale and
submit form (or letters) with state.
Those used oil generators who Mead
to become eligible for M exemption
from the durd-party liability under the
CERCLA section lM(c) are required to
use the wed ott transporters with BPA
identification number for sending used
oil foroffsite recycling. In authorized
states, such generators must make sure
that the used ofl transporter they intend
to use has notified the Agency and has
an EPA identification number.
DC. BesstbosUp of This Kule to Other
A. RCRA
Land Disposal Restrictions
HSWA snsudssadtta the Agency
promulgate land disposal prohtbiooa
determinations under a specific
schedule for wastes identified and listed
prior to the enactment of HSWA (RCRA
sections NKMfd). 3004(e). and 3004(gX4).
42 U.S.C. §824 (d). (e) and (gX4). If the
Agency failed to promulgate land
disposal restrictions by the dates
specified In section 3004(gX4). the
waste* were absolutely prohibited Iron
land disposal after May 0,1990 (or to
some cases November 8.1968. or July 8.
1987). HSWA also requires the Agency
to make a land disposal prohibition
determination for any hazardous waste
that is newty identified or Hated in 40
CFR part 281 after November 8.1984.
within sot months of the date the new
listing is promulgated (RCRA section
30M(gK4). 42 US.C. e924(gft4). However.
the statute does not provide for
automatic restriction or prohibition of
the land disposal of such wastes if EPA
fails to meet mis deadline.
Since used oils that an recycled are
exempt from subtitle C regulation wider
1261.8(a)(4). used oils that are recycled
are not subject to the land iii*rrotal
restrictions requirements of 40 CFR port
288. In effect today's part 279 standards
are crafted to restrict the land dlsffrtnl
of used oils and. therefore, the used oil
management standards further the goals
of the LDR program. Used oils that are
disposed and exhibit a hazardous
characteristic or are mixed with a listed
hazardous waste remain subject to all
applicable subtitle C requirements.
including the land disposal restrictions
requirements of 40 CFR part 268.
Wastes, including ssed oils thai an
destined for disposal, that exhibit the
TC are considered newly identified
wastes and are not yet covered by the
LDR. unless also EP Toxic (see the Third
Land Disposal Restrictions Rule, fune t
1990, 58 PR 22S20). EPA published an
Advance Notice of Proposed
RulemaJdng for the land disposal
restriction of TC wastes (38 FR SS160.
October 24.1991) and continues to
evaluate the treatabflity and capacity
analyses for these wastes. The Agency
is currently developing a final rule to
address this issue.
B. MARPOL 73/1»
The International Convention for the
Prevention of Pollution from Ships
(1973). as modified by the 1971 Protocol
addressing the sane topic Is known as
MARPOL 73/78. This is an international
agreement that focuses oa preventing
ship-geaerited ocaaa
" The reguUttont etubHihed todir nguUlt
iiMd o4l under (he ludtortty of Meitoa MMfel «f
RCRA
rvcyded
today i rule, tecilon MS of RCRA I
noi apply CM ta. I
notifiunoat
Annexes I-V of MARPOL 73/78 address
ocean poBuUoa bom ail aoxtous liquid
substances (IA. bulk liquid chenucals).
harmful substance*, sewage, and
garbage, respectively.
Cone
believes that used oil and I
waste management requirements apply
to used oil generated upon ships only
upon removal of the oily waste from the
•hip. Theref on. used oil oo-board la ant
subject to RCRA requirements, and
MARKXraoucnments applicable to on-
board od wastes (hazardous and aon-
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4160C Federal Register / Vol. 57. No ire / Thursday. September 10. 1992 / Rules and Regulations
hazardous) will not conflict with the
part 279 requirements.
The Agency has determined that the
ship owner/operator, the owner of the
used oil. and the person removing the
used oil from the ship can all be
considered "generators'* of the used oil
for purposes of 40 CFR 260.10. Any of
these parties could perform any or all of
the duties of the generator.
C. Clean Water Act (CWA)
The Clean Water Act authorizes EPA
to control the discharge of pollutants
into navigable waters. Section 311(b)(5)
of the Act establishes reporting
requirements for the release of
hazardous substances and oils into
navigable waters, which include
wetlands. Concerning used oil. releases
of oil to navigable waters that (1) cause
a sheen to appear on the surface. (2)
violate applicable water quality
standards, or (3) cause a sludge or
emulsion to be deposited beneath the
surface of the water or adjoining
shorelines is reportable.
The Clean Water Act and recently
enacted Oil Pollution Act authorize EPA
to regulate activities that may harm
navigable waters. As part of this
mandate, EPA has established the Spill
Prevention Control and Countermeasure
(SPCC) program, which is designed to
protect surface water from oil
contamination. Each fatality subject to
the requirements is required to prepare
and maintain an SPCC plan, which
includes provisions for appropriate
containment or diversionary structures
to prevent discharged oil from reaching
navigable waters. Concerning today's
rule, used oil handlers must comply with
all applicable SPCC requirements
contained in 40 CFR part 112. EPA has.
however, built the part 279 requirements
upon the existing SPCC rules to
minimize disruptions to existing
regulatory programs.
D. Comprehensive Environmental
Response. Compensation, and Liability
Act (CERCLA)
Section 104 of CERCLA authorizes the
federal government to respond to any
release or substantial threat of a release
into the environment of any hazardous
substance and any release or threatened
release of a pollutant or contaminant
that may present an imminent and
substantial danger to public health.
Section 101(14) defines the term
"hazardous substance" and section
101(33) defines "pollutant or
contaminant." Both of these definitions
expressly exclude "petroleum, including
crude oil or any fraction thereof unless
a petroleum waste has been specifically
listed under RCRA or other
environmental statutes The Agency has
interpreted the petroleum exclusion to
include crude oil and fractions of crude
oil. including hazardous substances that
are indigenous in petroleum substances.
However, hazardous substances that are
added to petroleum or that increase in
concentration solely as a result of
contamination of the petroleum are not
part of the petroleum and thus are not
excluded.11 Therefore, used oil that
contains a hazardous substance due to
contamination is subject to CERCLA
reporting, response, and liability
provisions.
£ Hazardous Materials Transportation
Act(HMTA)
The U.S. Department of
Transportation (DOT] regulates the
transportation of hazardous materials *'
in commerce (49 CFR parts 171 to 179].
The regulations address: (a) Interstate
transportation of hazardous materials
by motor vehicle, rail car. aircraft and
vessel and (b) intrastate transportation
of certain hazardous materials
(hazardous wastes, hazardous
substances, and flammable cryogenic
liquids in portable tanks and cargo
tanks) by motor vehicle. Used oil may
be flammable or combustible under
DOT classifications. In addition, used
oil that exhibits a characteristic of
hazardous waste and is destined for
disposal is classified as a hazardous
material due to the requirement thai
hazardous used oils being disposed must
be accompanied by a hazardous waste
manifest.
Used oil generators (shippers) have to
comply with any and all applicable DOT
regulations for identification and
classification, packaging, marking.
labeling, and manifesting of used oil that
is destined for disposal. Transporters
(carriers) will have to comply with any
and all applicable DOT regulations for
placarding, manifesting, recordkeeping.
reporting, and incident response for
such used oils.
F. Toxic Substances Control Act (TSCA)
TSCA authorizes EPA to control the
manufacture, import use and disposal of
chemical substances. Section 6(e) of
TSCA mandates EPA to control the
manufacture, import use. and disposal
of polychlorinated biphenyls (PCBs). A
primary use of PCBs. a viscous oil. was
as an insulating material for electrical
equipment (dielectric). PCBs were
almost always mixed with mineral oil.
" Memorandum from Prancii Blake EPA'i
Central CounteL concenung th« CERCLA
petroleum uclmran. |uly 31.19S7
>T Any nulenal identified or dauified u •
haurdou* WMM under RCRA i( damned •
haiirdou* material under DOT (49 CFP 171 3|
siticone, or other oily materials Because
of the potential hazards posed by :he
uncontrolled use and disposal of PCBs.
EPA has established a comprehensive
program to control PCBs from cradle to
grave.
TSCA regulations control the use of
PCBs used for dust suppression. 40 CFR
761 J0(d} prohibits the use of "waste oil-
that contains any detectable
concentration of PCBs as a sealant.
coating, or dust control agent.
Concerning today's rule, used oil used
for dust suppression must meet the
requirements of both RCRA and TSCA.
A release of 1 pound of PCBs into the
environment must be reported
immediately to the National Response
Center in accordance with section 103(c)
of CERCLA. However. TSCA regulations
require that any spill of material
containing SO ppm or greater PCBs into
sewers, drinking water, surface water.
grazing lands, or vegetable gardens must
be reported. Concenung today's rule, if
the used oil contains PCBs. the most
stringent, applicable reporting
requirement must be fallowed.
X. Regulatory Impact Analysis
Today's final rule combines a decision
not to list recycled used oil with a set of
tailored management standards for
recycled used oil under section 3014 of
RCRA applicable to used oil generators
and subsequent handlers. This section
of the preamble summarizes the cost
and economic impact screening analysis
of the 1992 used oil management
standards.
Executive Order 12291 (46 FR13193)
requires that a regulatory agency
determine whether a new regulation will
be "major" and if so. that a Regulatory
Impact Analysis (R1A) be conducted.
Three criteria are used to define a major
rule: (1) That the rule has an annual
effect on the economy of $100 million or
more. (2] that the rule creates a major
increase in costs or prices, or (3) that the
rule has significant adverse effects on
competition, employment investment
productivity, innovation, or the ability of
US based enterprises to compete with
foreign-based enterprises in domestic or
export markets. The Environmental
Protection Agency believes that the 1992
Used Oil Management Standards do
not comprise a major rule, and therefore
a complete R1A is not required The
results of this cost screening analysis
support this conclusion. A further
discussion of the cost screening analysis
is available in the regulatory docket for
today's rule in a report titled. "Cost and
Economic Impact of 1992 Used Oil
Management Standards." August 4.
1992.
-------
Federal Register •' Vol. 57. No 1T6 / Thursday Sep'e:r,ber 10 1992 / Rules ar.d Regulations 41607
Baaed on the preliminary cost
screening analysis tor the options
presented m the September
Supplemental Notice, public comments
received, and subsequent analysis in
response to comments, the Agency
estimates that these management
standards will most likely impose
nationwide annualtzed compliance costs
of less than $10 million per year, within
a range of between $4 and Sll million.
Costs of this magnitude are not expected
to result m measurable changes in
recycled used oil flows, either for on-site
uses or within the commercial recycling
sectors. With possible localized
exceptions, the Agency does not expect
the standards to result in a substantial
number of business failures among used
oil recycling companies or to affect
employment, prices, or international
trade in any measurable degree.
Although the Agency has not been
able to adequately quantify the benefits
to the environment or to human health
of These management standards, due to
the lack of comprehensive data on the
frequency and extent of used oil
releases to the environment, EPA
believes that today's decisions will
result in two pnncipal types of benefits,
First, by requiring specific secondary
containment measures for used oil
storage and other tankage at all major
used oil handling facilities, the Agency
is providing an additional safeguard
against any substantial environmental
release of used otl to the soil, to ground
waters, or to surface waters at points
where releases would be most likely to
occur.
The Agency does not expect today's
decisions by themselves to substantially
expand used oil recycling However, it IB
a relatively low cost insurance policy
against the environmental
mismanagement of used oil resources
within the commercial recycling sector*.
Implementation of section 3014
management standards limits CERCLA
liability for those automobile servicing
facilities that accept do-it-yourselfer
(DIYj used oil for recycling and thus
encourages expansion of collection
locations Thus, today's rule is
consistent with the could provide a
necessary complement to a wide variety
of possible future private sector. State.
or federal government initiatives to
encourage increased recycling of
household and other do-it-yourselfer
used oil cot presently being adequately
managed and which is generally not
effectively controlled by traditional
regulatory approaches
he remainder of this section of the
}mble briefly describes the ma)or
ons for management standards
considered by the Agency m reaching
today's decision, summarizes estimated
compliance cost, and reviews expected
impacts.
A. Regulatory Options Considered
EPA has considered a wide range of
management standards options over the
years, ranging from a listing of used oil
as a hazardous waste under virtually
full subtitle C standards for generators
and handlers to various tailored options
under section 3014(a) of RCRA. A
summary of the approximate compliance
costs for several of these alternatives is
presented in Table X.I.
TABLE X-1.—HISTORICAL COMPARISON
OF COMPLIANCE COSTS OP OPTIONS
CONSIDERED ran USED On. MANAGE-
MENT STANDARDS
[Millions <* 1991 dollari par year]
Listing recycled used
waste without War
(1989 proposal 0
19*2 finat rule
ot as hazardous
ad 3014 standard!
Won updated to
1991) *
'
$500
S2D4
M-J5
$4-11
'Option assumed bumng as used od fuel undei
pert 266. subparte. rawer than as Hazardous waste
under tubpara 0 and M COM at* updated to 1991
from me IMS fliA tt aflow (Of nflaton and cartan
regulatory cnangea sucn as (tie under-
al do ncft include estvrtatM to*
ground storage tank IU5T) n*s However, costs tor
Mancajpi ......
convent aeaon for prior raiaaiei or cost
bona of ttw mortupe and derived from rules.
are not rswjed to address comments on the 1985
proposed rule
>CoM updated fromthe i968j«Ajo allow i*
•filiation, but ncft to nupund to ccmmonls
1 Coats are as presented n latte x D i (56 FH
48071 Septemftar 23, I99M They are not revrttd
to address comments I low«»ar. see subsection * 2
below for dncussw ot oifter cost aatvneiea.
1 Listing Recycled Used Oil Without
Tailored Standards
Listing recycled used oil. without
issuing special section 3014
Management Standards or otherwise
exempting recycled used oil from
subtitle C regulations, would have
subjected recycled used oil generators.
handlers, and users to the full spectrum
of hazardous waste management
standards These would include
recordkeeping and manifesting of all
shipments, storage requirements
including secondary containment.
facility closure and financial assurance.
and additional burning restrictions In
the extreme it would also impose facility
corrective action for pnor releases,
although this was not covered in the
1965 R1A or in the present update
Since this was not presented as an
explicit option m (he September 1991
Supplemental Notice, the Agency did
not present compliance cost estimates
for Full subtitle C management of
recycled oil in [he 1991 Cost and Impact
Screening Analysis, However, a simitar
Full subtitle C management scenario
was presented as Alternative 1 in the
Regulatory Impact Analysis (November.
1985) accompanying the 1985 used oil
proposed rulemaking. The Agency has
subsequently revised and updated the
1985 estimate for this regulatory
alternative to account for intervening
changes in certain subtitle C
requirements, recycle market changes
and general cost inflation. We found
thai, even assuming retention of the
present part 266 subpart E used oil
burning requirements (in place of the
part 269. subparts D and H hazardous
waste burning standards for boilers and
furnaces), the incremental annual cost of
subtitle C management for recycled used
oil would still cost about $500 million
per year, or about $0.53 per gallon of oil
recycled. This does not include
consideration of additional possibly
substantial costs for prior release
corrective action or for implications of
the mixing and denved-from rules.
The Agency hag long recognized that
used oil management standards drawn
too stringently could be
counterproductive: that by imposing too
high a coat on acceptable farms of
recycling, the regulations could actually
encourage increased dumping and other
environmentally undesirable practices
by generators, commercial haulers, and
others.
Although incremental management
costs of $0.53 per gallon for recycling
would still be substantially less than
alternative subtitle C disposal options
for most generators, costs in this range
would also provide a strong incentive to
avoid regulation altogether by engaging
in illegal dumping and improper land
disposal and burning activity. The
Agency notes that virtually all used oil
fuel is currently sold for little more than
and in some instances less than S3 cents
per gallon: Imposing regulatory
requirements which cost this amount
would virtually eliminate recycling
incentives within most of the
commercial recycling sector.
2 Tailored Standards Under Section
3014
More appropriate to today's final rule.
the Agency has also considered a wide
range of tailored standards under
section 30l4(a) of RCRA. The estimated
annual cost in the R1A for (he 1965
proposal was $167 million (SZ04 million
updated to 1991). The 1985 proposal
closely paralleled subtitle C Standards
in many respects
-------
41608 Federal Register / Vol 57. No 176 / Thtireddy. Sepierr.^r 10 1992
and
The September 1991 Supplemental
Notice provided additional options
which were substantially less costly
than earlier proposals, but which still
covered all sectors and a wide range of
permitting, testing, spill prevention and
cleanup, storage, recordkaeping and
reporting requirements.
The nationwide annual coats
estimated for the 1991 Supplemental
Proposal ranged from $25 million per
year (with no small quantity generator
exemption) to about $2 million per year
with an extensive SQG exemption.
Various commenters criticized the
1991 estimates aa being too low. In a few
instances It was argued that EPA's unit
costs for specific activities or services
were too low. Another critidam was
that the Agency has overestimated the
degree to which various standards were
already being met either through normal
business practices at establishments
(e.g.. generator recordkeeping regarding
used oil sales transactions) or due to the
pre-existence of other federal. State or
local regulatory requirements (e.g..
OSHA workplace regulations. SPCC
spill prevention and storage
requirements, or local fire ordinances).
The Agency has reviewed Ha
estimating assumptions in detail While,
in the main, most of the assumptions
and resulting cost estimates in the
September 19B1 costs •narysM ore
reasonable given the limited available
data the Agency was able to gather, we
agree that many of the estimates an
subject to substantial uncertainties and
sh^-ild be Interpreted accordingly. In
addition, several possible management
standard elements were not included in
the coat screening, either due to
oversight or to the premise of the Notice
that certain elements might be
considered subsequently in a Phase II
proposal. Examples of additional
management standard options and
annual costs that could have been
added in a more extensive analysis
include the following:
• Subtitle C secondary containment
for used oil collection and processor
tankage—$8 million.
• Closure and financial responsibility
for processors and rerefinert 92
million.
• Mandatory testing of all incoming
and outgoing shipments of used oil—
$15-20 milhoo.
Though not costed la detail with
these and other possible design features.
especially more extensive requirements
on the nation's nearly 700.000
commercial, industrial and large farms
used oil generators (though not
necessarily included explicitly in the
September Notice), the national cost
estimates for used oil regulation in the
1981 Proposal could well have exceeded
$100 million per year. On the other hand.
several of the options discussed.
especially combinations involving small
quantity or other generator exemptiona
and only selective controls on other
sectors, would have suggested costs on
the order of §10 million or lea*.
Based on 750 million gallons per year
of used oil entering the commercial used
oil recycling system, national
management standards costing $100 to
$200 milhon per year would translate
roughly into an average of 13 to 26 cents
per gallon of oil recycled. As stated
above, this additional cost (which EPA
estimates to-equal or comprise a
significant fraction of the price of
products derived from used oil) would
have dramatically reduced used oil
recycling and may have led to increased
uncontrolled disposal
B. Final Rule Compliance Costs
As described in section VI of this
preamble, today's rulemaking pertains
only to land based management
standard* for recycled used oil under
section 3014(a) of RCRA. It does not
impose hazardous waste listing or
further regulation of used oil processing
or rerefining residuals, which continue
to be subject to tasting for toxkity
characteristics under existing
regulations prior to disposal.
1. Nationwide Annual Costs
Table X2 summarizes the nationwide
annual compliance costs for today's
rule, by affected sector and for each
substantive requirement. Total
estimated costa range between
approximately $4.1 to $11.0 million per
year, with a best estimate of about $7.5
million. The major portion of the total
falls on the generating sector (SZ7 to
$5.9 million, mostly for future spill
cleanups of environmental releases) and
on the used oil processing sector ($1J to
$43 million, primarily for biennial
reporting, secondary contamment of
tank storage areas, additional
operational recordkeeping, and new
closure requirements).
TABLE X-2.—NATIONWIDE ANNUAL COMPLIANCE Goers FOR 1982 USED OIL MANAGEMENT STANDARDS
[to moutsnds of dolsra]
ReqwtM*
Storage-
H600WPQ. plftWPQ, rflCOrdkSSpMa^
Sftpfncm tod demur) wwfli
OINHHIIU 'Tffftf .„ , ..... H
Hotponm to onvirormenul "itstiss
Toad j
Gsnsrsiofs
902
61-08
2.163-6.261
2.746-6S63
JM^^M^Ma
GOHQQrl
2
(")
15-179
1
o
5
23-187
««4
3
n
11-138
O
(*)
n
14-141
PtOBSSSO*/
MMfiMm/M
4-6
n
58-484
n
118-166
8-12
88-118
D
436-580
614-2J3S
9-«
1J27-4.784
T«MB
61t-612
6V«t
SS-IJB1
1
118-166
8-12
88-118
436-680
81*48)8
2.18V6J70
4.110-MIS76
requirement
(het»c*y type • «*iect to t*redeemer*. Mno
eo« k tneuned. •**• a bev*
M WMy type * not wbfecl 10 B»
For several of the hne Item
requirements, a wide range of estimated
costs is presented, reflecting substantial
uncertainty regarding the extent of
existing baseline compliance with the
newly imposed standards. As noted in
the preamble to the September 1991
Supplemental Notice, many existing
federal State, and local government
regulations already directly regulate or
Impinge upon many of the same
practices addressed by today's rule*.
-------
Federal Register / Vol 57. N'o 176 / Thursday. Septcrrber 10 1992 / Rules and Regulations 41609
For example, at least 7 Stales regulate
used oils as hazardous wastes in
varying degrees, and both the federal oil
apill prevention and control and counter
measures program (SPCC) and OSHA
regulations relate to preparedness and
prevention as well as cleanup of spilled
oila including used oils.
In particular, it is notable that SPCC
regulations cover aU of the 90 percent or
more of all major used oil handling
facilities (collectors, processors, fuel off
dealers, and burners) that are located -»
near surface waters. Although die
presence of these other regulations has
in some instances allowed the Agency
to forgo new regulatory requirements. In
other cases, lack of data or definitive •
standards contributes to considerable
uncertainty regarding the adequacy of
existing standards or extent of
compliiinnB. For some additional used
oil requirements contained In today's
rule, such as spill cleanup for noo-SPCC
generators or dosure soil remediation at
processing facilities. EPA does not have
Buffidentiy comprehensive information
on the frequency or extent of necessary
compliance actions to estimate potential
costs more precisely.
Z Individual Facility Costs
" Costa at the individual facility level
can vary widely, depending on baseline
compliance assumptions and differing
sector requirements in today's
management standards. In general the
lowest unit costs will be experienced by
generators, since they face the fewest
and (usually) the least costly new
requirements. The vast majority of
generators will face no incremental
costs other than tank or container
labeling.
Compliance costs at the individual
facility level are presented in Table X.3
for commercial used oil handlers and
burners of off-specification used oil fuel.
Within the commercial management
sectors, the lowest facility-level costs
will be born by smaller independent
collectors and industrial boiler and
furnace burners of off-specification fuel
Burners that only bum specification fuel
experience no new requirements and are
not considered within the scope of
affected facilities in this analysis. For
independent collectors and affected
burners, the higher coat facilities are
those requiring upgraded secondary
containment, including both secondary
release containment bems and
impervious pavement in storage areas.
Independent collectors may also incur
environmental release costs for releases
outside of secondary containment areas.
Such facilities may or may not currently
be in compliance with baseline SPCC
and OSHA regulations. Facilities in
these sectors with adequate preexisting
secondary containment (50 to 90 percent
of facilities according to EPA's costing
assumptions) will otherwise face
negligible new cost requirements.
TABLE X-3.—ANNUAL FACILITY-LEVEL
COMPLIANCE COSTS: COMMERCIAL
Used On. HANDLERS AND BURNERS
FtoMytyp*
Total
iwn-
bwtf
i
i
383
70
112
4
25
100
S94
660
1.1SS
(dotsn p« yMfl
4.280-2U8B
&980-M.1S5
9^49-64,671
6-84.671
6-64071
2-33S
bf tndMdusi
fiiQuMfnL t
(unaflwiso) is) lo sB f
The most substantial unit costs will be
born by facilities in the processing
sectors (including processors, rerefinen.
and fuel oil dealers that blend off-
specification fuel). All facilities in this
sector will face additional record
keeping, reporting, and contingency
planning as well as new Unk closure
requirements. In addition, the cost
estimates assume that some fraction will
require upgraded secondary
containment, closure soil treatment, and
release response costs lo meet today's
standards.
3. Coat Per Gallon of Used Oil
The total annual costs of these section
3014 management standards ($4.1 to
$11.0 million per year), averaged across
the nation's total annual recycling rate
of about 900 million gallons per year.
approximates 0.5 to 1.2 cents per gallon
of recycled oil Focusing only on the 775
million gallons per year flowing through
the commercial recycling system, the
total nationwide compliance cost of $1.3
to S4.B million for the recycling sectors
would translate into an average cost to
commercial recyclers of about 02 to 0.6
cents per gallon by EPA's estimates.
Table X.4 summarizes the Agency's
cost per gallon estimates in more detail
for affected facilities in the commercial
handling and burning sectors. The
highest cost per gallon figures are at the
small processor and fuel oil dealer-
blender facilities, with costs at the most
affected of these facilities possibly
ranging as high as 2-2 cents per gallon.
These high relative costs are explained
primarily by the relatively low volume
of used oil handled and the relatively
high fixed costs of secondary
containment and closure requiring soil
cleanup.
TABLE X-4.—NATIONAL AVERAGE AND IN-
DIVIDUAL FAOUTY-LEVEL COMPLIANCE
COST-PER-GALLON: COMMERCIAL USED
OIL HANDLERS AND BURNERS
IndapsndMl
Fustcs
lout
Burnt*.
TOM
num-
Dsrof
70
112
4
IS
100
SS4
1.1S5
FtcSKycosi
pvoaaon-
(csws)
0.00-066
0.43-&24
0.14-088
048-0.32
043-2.24
0.43-224
000-&24
000-2J4
000-0.22
(canal
002-016
046-1.20
016-054
005-0 «S
•017-0*4
•0.68-142
016-0.20
048-0 56
'000-0.03
1 Mcfejdn bom omp«e «nd oN-spae o*. tor a
tout of 60 moon otfor» tor tart ol JmHu vd
SSI mAonoamtorbunen. N mrmOma MPB-
rate*, oti-spee o* «• M a tncoon <* on mat.
•men «oiM maw M cosMwr-gaJUn ttjfim
In contrast larger processors and
rerefiners. even those with similar more
stringent requirements, would
expenence substantially lower per
gallon compliance costs, due to the
economies of scale inherent in their
larger oil volumes and the nature of the
major compliance activities. Among the
larger facilities in the processing and
rerefiner groups, even the worst case
situations would still face per gallon
costs of less than one cent per gallon of
oil. Most facilities would see costs less
than a half-cent per gallon, and a
substantial fraction would be under a
quarter-cent.
C Final Rule Impacts
1 Effects on Used Oil Flows
j Costs for generators are primarily
j Fixed costs or spill clean-up coats which
i may correlate only weakly with the
I volume of used oil handled. Therefore.
i EPA does not expect generator
1 compliance costs to influence
• acceptance of household Do-It-Yourself
' (DfY) used oil or to adversely change the
'. relative costs of recycling compared
-------
41610 Federal Register / Vo! 57. So 1'S T^sca;.
with dumping or disposal Thus, used oil
flows to recycling should not be
negatively affected by these rules, and
recycling flows could be positively
affected due to reduced spills and spill
losses and the CERCLA exemptions for
service stations.
Costs for the commercial recycling
sectors (including collectors, processors.
rerefiners, and fuel oil dealers) total $1.3
to 4.8 million per year. If substantial
enough, these costs should have affected
recycle flows, either by causing a loss of
collector/processor facilities or by being
shifted back onto generators and
providing a disincentive to recycle.
However, set against 775 million gallon
per year entering the commercial recycle
flows, these total compliance costs '
average only &2 to 0.6 cents per gallon.
These costs are not large enough to
substantially affect generator decisions
concerning recycling, even if all these
costs were passed back to the generator
in pickup charges. In the worst case, a
few small processors could face unit
costs as high as 13. cents per gallon if
they have to install secondary
containment and also face sorl removal
treatment closure costs. This does not
suggest major repercussions for recycle
flows, but could involve some small
processing facility dislocations.
Burners face new compliance costs for
storage of used oil derived fuel under
today's rulemaking only if they burn off-
specification fuel and are not already in
compliance due to pnor SPCC or OSHA
requirements. Numbers of such burners
are not known with any accuracy,
although about 1200 in total have
notified EPA as off-specification burners
s.mce 19U5 Affected burners have three
options.
(1) Incur the costs and either absorb them
or pass them back to fuel marketers in
negotiated lower prices The total maximum
cosl here for the maximally affected burner is
0 2 cents per gallon It is questionable
whether this is a decision-changing level.
\2\ Substitute fuel—either virgin fuel oil.
currently at a higher coat of up to 15 percent
or specification used oil fuel from another
used oil fuel dealer
(3) Negotiate with the present used oil fuel
supplier to pre blend (with other used oil or
t. irgm fuel) to meet the specification.
Basically the same analysis and
options apply lo fuel oil dealers that
blend off-specification fuel as for
burners EPA s curreni estimate is that
less than 25 percen: of marketed used
oil-derived fuel is rou'ed through
dealers The fractions of total used o.l
fuel that is currently off-specr~:calion
fuel is i^oug-.t to be low. based on
receit corr.rrvjnications wnh used oil
processing ,ndus(r> representatives and
EPA s own sampling of 'jnoroct'siied
used oil Based on the low compliance
cost per gallon, flows in this sector will
not be significantly affected one way or
another.
2. Effects on Used Oil Management
Structure
In general, ^he structure of the
recycling industry could be somewhat
influenced by today's rule. If anything.
there will be a tendency for some small
processors that do not now have
adequate secondary containment to
become less competitive (12 cents
gallon maximum competitive
disadvantage). These would generally
be the same facilities with prior releases
to the environment that would have to
be cleaned up at closure (with soil
treatment) and they may opt to dose.
Already-marginal operations with poor
credit might not survive this
requirement.
There may also be some tendency for
rerefiners to be advantaged with respect
to other processors because of lower
cost/gallon compliance costs. The main
factors influencing this judgment are:
1. Rerefiners are newer and are arguably
(according to their comments) already in
compliance with all or most of today's
requirements.
2. Rerefinen are large and have economies
of scale relative to smaller processors in
terms of compliance cost per gallon.
3. Rerefinera are lets affected by fuel
market (burner) effects, because they
typically produce only a small fraction of
output as fuel and the rmfined fuel product
IB typically unregulated specification fuel.
In summary, the Agency expects no
effects on generators. Generators
ultimately pay the total costs (either
directly or indirectly, via shifting) but
these total costs spread over hundreds
of thousands of generators will not
measurably affect generator day-to-day
decisions.
3. Effects on Human Health and the
Environment
Since the Agency believes that recycle
flows will not be obstructed or seriously
altered by this rule, (he Agency expects
no negative effects on human health or
the environment due to compliance
costs Oo-Jt-Yourself oil recycling will
not be decreased and may in fact be
increased by the CERCLA exemption for
service stations.
The four ma|or effects of today s rule
making would generally be positive, but
of unknown magnitude. These include
1 Increased spill cleanup and reduced
pmiror.mental releases for generators
2 Better secondary containment and 'u! jre
spill cleanup for larger handlers
3 Closure requirements that provide for
cieanup of prior tankage area releases at
processor/h.iRCler facilities
4 More ccrprgt-ensive t:ack:r.g at 'he
collector level, due lo expansion of
notification and recordkeepmg for all
collectors and not (ust those who currently
market directly to burners.
4. Relationship to Future Agency
Actions Regarding Financial Incentives
or Other Actions
Today's management standards are
designed to protect human health and
environmental risk from ground
pathway damages with minimum effect
on existing used oil recycling flows and
markets. As such they provide minimum
interference with used oil markets and
thus are inherently neutral with respect
to future incentive programs. Since the
Agency believes they do not measurably
redirect flows, today's rules do not .
preempt or compete with objectives or
goals of incentives currently under study
to improve recycling. Basically today's
rules provide uniform standards to be
met by used oil handlers in terms of
storage and tracking. They dp not
compete with, preclude, or bias future
Agency or other initiatives to expand
recycling nor are the costs of today's
rules large enough to- affect die
efficiency of such future programs.
The Agency believes that today's
management standards are compatible
with any future program designed to
increase (or redirect) recycling since
they do not in themselves introduce any
arbitrary or unnecessary imbalances
between or among recycling
technologies or end-used used-oil-
denved product markets.
XI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
of 1980 (Pub. L 96-345). requires Federal
agencies to consider "small entities"
throughout the regulatory process.
Section 803 of the RFA requires an
initial screening analysis to be
performed to determine whether a
substantial number of small entities will
be significantly affected by the
regulation. If so. regulatory alternatives
which eliminate or mitigate the impacts
must be considered.
Based on employment or sales, the
vast majority of all used oil generators.
collectors and processors are small
businesses; blenders of virgin and used
oil fuel, re-refiners, and burners are less
likely to be smalt businesses. Overall.
the economic analysis indicates that
impacts are not significant for over 99
percent of the generators and for all of
the other facility types affected, with the
possible exception of some minor
processors and some fuel oil dealers
that currently blend used oil fuel wi:h
v irg-n oil fuel Only a small fraction of
-------
Federal Register / Voi. 57. No. 176 / Thursday. September 10. 1992 / Rule* and Regulations 41611
the farm section (abo«t 24 percent}.
inotedtai ***y >«a» oosasMrciai faras.
will be eobrsct to todeyl rub as a reautt
of the small farm generator nvmytm
A very small fractsset^tsaatlHa &2
percant} of aoull lisaaaaaieiij cat
generators may face 1
of approxauterr SUaVpar year to
cleanup a 190 gailoa vpSL This sarmai
coai woald ecay be iacremeatd if fe
facility wo«U not have cleaned up due
spill without tfame aew requirements to
aAJNM reieaa* lo the emiraenaaC We
hntinr rtris is nnt in unmanmahar mat
burden fior • wy aoiaU firactfoa of avail
busawaaaa. eapedeaty gtoaa the
potential esHfeoswasal damage of •
peraeot of
of lew tfu
taak* and
For the
ft per year far lafaaat far
j sectors, oaiy soasa
minor processors and some faai
blendera/fuat oil deafen wooad iacor
significaot coals. Approximately 30
percent of minor processors in the high-
cost scenario would face incremental
comptteac* coats of U cents par galoat.
This cost increase aaay be aaffic ient to
put the facility at a competitive
disadvantage with other used oil
processors. These minor processors
might not be able to pass fcae costs
back to customers uaca other firm* that
had already invested in these measures
would incur lower coats, ff the facility
were already a marginal operation with
»r credit it might be forced to close.
Similar** aone euaB bejetoew fari 08
jalen that blend used oil fuel wMi
rgin oil fuel might incnr cast aa high «a
zJ cents pereafionof «aed ott. SsaceHw
used oil Is blended warn vfegin faei. (far -
cost impact per ga Bon of final prod net
would be substantially toes (only 07
cents per sjaioa off
blenders may have other, low
option for avakang rmapManra coats
snob aa rafaalM to aooaat off-
apeciftcation ou from uaedoA etppftVenu
or simply discoaUSMSaa; JaVsaswog VMS)
oil at all. • ~. *r.-
In general, althougfe alavai Bopolatio*
of small buainaaaaa wtf&aubiaot to
vanoua pnmaiooa of shes nski oory «•
extremely small fractioa ofdsaae
businesses will snonr s«betanHai coa*s.
Therefare the Agency cerrffiM that the
final nrie wffl not have significant
economic impacts on substanrial
numbers of small businesses or entities.
TOL Paperwork SadHcMosi Act
The information coUaobcjsi
~ iments in this final rate have baea
[red for approval to theCMrke ef
(eoMnt and Badget {OMB? vnder
the Paperwork Redaction Act. 44 V.SJC.
3SOI ei sao. Wtwn approved, or if not
approved by the effective date of thw
rule, EPA will publish a technical
amendment to that effect hi the Rsderal
Register An information Collection
Request document has been prepared by
EPA [ICR No. \t»m\ and a copy nuy
be obtained torn Sandy Farmer.
Information Poifcy Branch, EPA. *W M
Street SW.
Pubikreoorttng burden (or this
coUectian «f inAmnatf eat varies bf
aacaor. The public reportiaibwrdn far
used oQ transporters averages from 16 to
27 minutes annually pe» respondent For
used oiyrooasesag aaxt mefaaag
facilities, the raporthaj sjardesi esunafae
respoadeot. and for bunurs of off-
specfflcatton-fueL the reporting burdea
averages aa 9 minutes annually per
leapundgnt The type of Infoiiuatten
required includes, time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
reviewing tin orifection of uJbiaaaeiue.
Send comments regarding the bardea
estimate or any other aspect of this
collection of information, tnctmVng.
suggestion* far reducing this bwdea. *•
Chief. InforaMtioit Mfcy flra«ck. PM>
223. US. nMhuiuaeiiief Protertfcm
Agency. «R MSewet SW, WnMngtai.
DC aMMl aadtoltsg OBte^ef
DC 2M& lurked-AnentvMt Deek
Officer for EPA."
LMofSubJeeta
procedure. Confidential huateaea
inforauttoa, Haaardone waata.
WCFRPartSIt
Haxardous waste. Recycsujg,
Raporttag and raoordkeepisg
requlncaenta.
40 cm Fart i*
• Energy. Hazardous waste. Petroleum.
Recycling, Reporting and recordkeeptag
requirement*.
ctJceand
AdmtniMmfh
praoedwa Conftdntfri train
Information, Hazardous malertab
tramputtaBuu. Hgiarduus wasta.
reur9oita« renantea. KeportrAg asd
racordkeepmg requireroents. Water
poHattun control Water supply.
« Crafts* 479
For the reasons set oat m the
preambled CHI chapter lie amended
P ART WO-+UZAWXWS WASTE
IMII*WE«BfT SVSTfat OENEML
1. The sdhoriry cnatton for part 2M
itoreadasfottawn:
Aamarltr « U.S.C. 8905. «rt2t>).
89J7, 6930. B9M. 6835. 8037.0938.8939. and
6874.
Z. SexAaa 2SOJO is asneoded by
addla« a dafisolioa br "Used OiT. ia
alphabetical order to read a* follows:
ftt&W
Used oil sjssaas aay ail &at haa boea
refined frasacntdfraiL or any srndtesic
oil that has been ased aad as a result of
such use in oMUaatiiuted bf physical or
cheoueaiiaparities.
PART 2ei-*OE*mRCATJO»4 AMP
USTWa OF MAZMVOUS WMIK
3. The authority citation for part 91
contimsss to read aa fatlnus
Airthortty; 42 V&C. 8605. BBIita). 6«n.
892Zan«JB8M.
4. Section » JlaJIZJ is amended by
adding paragraph (v) to read aa follow
oil. Osasro* centaMng mere man TOA
pp0 (OftU RUO^BB w pVCSQCsW010 uB •
hazardow wwte becne tt 1&n bvm
* J ^^desV BBiK.I^^^^^«4^^l -la^kM^saMl^aMaai
noura WKB nBicynivi^i UBUU uon
wsvte ttsled m sobpart D of part XBl'of
this chapter. Persons may noflttUs
presumption by demoostrattag that the
used oil does not contain hazardous
waste (lor r""f** by uaiag art
analytkal taeAod&sm SW-WBrThlrd
Edition, to show thai the need oildoes
halogenoted t
hated in appendix Vffl of part 2tt of this
Third Edition, iaavaiUoia far sheooat sjf
$11040 fna the Covanuaeat Priadag
Office. Syperiataodsnl of Pooamssita.
B^.^.^^^b^uB B^^^M^A^^MB ^^Bdfl
. net.ycQri|f. tceponsng am
recordkeeping requirements. Used otL
BSS-OOl-OOOOO-l).
(A) The rebuttable presumption does
not apply to mamlneit sag nJs^tlshls
contaioing chlorinated paraffins, if they
are processed. Through a tolling
agreement, to reclaim metalworking
-------
41612 Federal Register > V'ol 57. No 176 / Thursday September 10. 1992 / Rules and Regulations
oils/fluids. The presumption does apply
to metalworkmg oils/fluids if such oils/
fluids are recycled in any other manner.
or disposed.
(B) The rebuttable presumption does
not apply to used oils contaminated
With chlorofluoroca4jep» (CFCs)
removed from refrigeration units where
the CFCs axe destined for reclamation.
The rebuttable presumption does apply
to used oils contaminated with CFCs
that have been mixed with used oil from
sources other than refrigeration units.
§M1.S (Amended]
5. Section 281 J(j) is amended by
revising "subpart E of part 266" to read
"subpart C of part 279".
9261.8 [Amended]
6. Section 261.6 is amended by
removing paragraph (a)(2)(ili). and
redesignating paragraphs (a)(2) (iv) and
(v) as paragraphs (a)(2) (iii) and (iv).
7. Section 261.6 is amended by
removing paragraph (a)(3) (iii). and
redesignating paragraphs (a)(3) (iv)
through (a)(3)(viii) as paragraphs
(a)(3)(rii) through (a)(3)fvii).
8. Section 261.6 is amended by adding
paragraph (a) (4) to read as follows:
§ 261.6 RoojuirefiioiitB for recydaMs)
(a) ' ' '
(4) Used oil that is recycled and is
also a hazardous waste solely because it
exhibits a hazardous characteristic is
not subject to the requirements of parts
260 through 266 of this chapter, but is
regulated under part 279 of this chapter.
Used oil that is recycled includes any
used oil which is reused, following its
original use. for any purpose (including
the purpose for which the oil waa
originally used). Such term includes, but
is not limited to. oil which is re-refined.
reclaimed, burned for energy recovery.
or reprocessed.
PART 266—STANDARDS FOR THE
MANAGEMENT OF SPKfflC
HAZARDOUS WASTES4ND SPECIFIC
TYPES OF HAZAROOUB WASTE
MANAGEMENT FACHIHES
9. The authority citation for part 266
continues to read as follows:
Authority: Sees. 1006. 2002(a). 3004. and
3014 of the Solid Waste OiipoMl Act. as
amended by the Resource Conservation and
Recovery Act of 1970. as amended (42 U S.C.
6905. 6912(a). 6924. and 6934).
Subpart E—(Removed]
10. Subpart E of part 266 is removed
and reserved.
11 Section 266 100 is amended by
revising paragraph (b)(l) to read as
follows.
{266.100 Applicability.
• •>•••
(b) ' ' *
(1) Used oil burned for energy
recovery that is also a hazardous waste
solely because it exhibits a
characteristic of hazardous waste
identified in subpart C of part 261 of this
chapter. Such used oil is subject to
regulation under part 279 of this chapter
PART 271-flEqMMEiKNTS FOR
AUTHOmZATHN OF STATE
HAZARDOUS WASTE PROGRAMS
12. The authority citation for part 271
continues to read as follows:
Authority: 42 U.S.C. 6906. 6812(8). and 6826.
Subpart A nequlrementi for Final
Authorization
13. Section 271.1(a) is amended by
revising paragraph (a) to read as
follows:
j 271.1 Purpi
(a) This subpart specifies the
procedures EPA will follow in
approving* revising, and withdrawing
approval of State programs and the
requirements Slate program*, must meet
to be approved by the Administrator
under sections 3006(b). (!) and (h) of
RCRA.
• • • • •
14. Subpart A of part 271 Is amended
by adding 8 271.26 to read as follows:
(271.26
The State shall have standards for
used oil management which are •>
equivalent to 40£FR part 279. Tnese
standards shall Include:
(a) Standards for used oil generators -
which are equivalent to those under
subpart C of part 279 of this chapter
(b) Standards for used oil collection
centers and aggregation points which
are equivalent to those under subpart D
of part 279 of this chapter
(c) Standards for used oil transporters
and transfer facilities which are
equivalent to those under subpart E of
part 279 of this chapter
(d) Standards for used oil processors
and re-refinera which are equivalent to
those under subpart F of part 279 of thia
chapter.
(e) Standards for used oil burners who
bum off-spedfication used oil forenergy
recovery which are equivalent to4hose
under subpart G of part 279 of this
chapter
(f) Standards for used oil fuel
marketers which are equivalent to those
under subpart H of part 279 of this
chapter and
(gj Standards for use as a dust
suppressant and disposal of used oil
wrdih are equivalent to those under
subpart I of part 279 of this chapter. A
State may petition (e.g., as part of its
authorization petition submitted to EPA
under { 271.5 EPA to allow the use of
used oil (that is not mixed with
hazardous waste and does not exhibit a
characteristic other than ignitability) as
a dust suppressant. The State must
show that it ha* a program In place to
prevent the use of used oil/hazardous
waste mixtures OT used oil exhibiting s>
characteristic other than Ignitability as •
dust suppressant In addition, such
programs must minimize the impacts of
use as a dust suppressant on the
environment
15. Title 40 of the Code of Federal
Regulations is amended by adding part
279 to read as follows:
PART 279—STANDARDS FOR THE
MANAGEMENT OF USED OIL
Soc.
279.1 Definitions.
279.10 Applicability.
279.11 Used oil specification*.
279.12 Prohibitions.
tar Used 0*
279.20 Applicability.
279L21 Haiardous waste mixing.
279J2 Used oil storage.
279123 On-site burning in space heaters.
279.24' Off-site shipment*.
SiiapartD-OUnasfds tar Used Qi _
279JO Oo^t-younetferaaedoilooBectton
centers.
279.31 Uaed oU-coUectioa centers.
279.32 Used on1 aggregate point* owned by
the generator.
SuDpertg OtartdaidBtarUaedpr-
TrWpOftaW MM TmiMiV F0CMHS
279.40 Apphcaburty.
279.41 Restrictions oa transporters who are
not also prooMSon or re-refinen.
279.42 Notificadon.
279.43 Used oil transportation.
279.44 Rabuttabie prmumption for used oil
279.45 Used oil storage at transfer facilities.
279.46 Tracking.
279.47 Management of residues.
tar Used 01
279JO Applicability.
279J1 Notification.
279L52 General facility standards.
279.53 RebunaMe presumption for used oil.
-------
Federal Register / Voi 5". \o :"5
Sep'ember 10 1991 ,' R.ies and Regulations 41613
2*9 54 Used oil ma-.ageir.eni
279 S5 Analysis plan
27958 Tracking
279 57 Operating record and reporting
279 58 OIT-tite shipment* of used oil
279 59 Management of residues
Subpavt O—Stand*** for Used Ofl Burner*
Who Burn Off-SpccfflaUan Used Oil for
Ef \w mf Recovery
27980 Applicability
279 61 Restriction on burning
279 62 Notification
279 63 Rebuttable presumption for used oil
279 64 Used oil storage
27965 Tracking
27966 Notices.
279.67 Management of residues
Subpart H—Standard* tor Usjed OH Fuel
279.70 Applicability?
27971 Prohibitions.
279 72 On-tpeaficahon used oil fuel
279 73 Notification.
279 74 Tracking.
279 75 Notices
Subpart »—Standard* for UM M a Oust
Suppressant and Disposal of Used ON
279.80 Applicability
27981 Disposal.
279.82 Use as a dust suppressant.
Authority: Sections 1006. 2002(a). 3001
through 3007. 3010. 3014. and 7004 of the Solid
Waste Disposal Act. as amended (42 U S C.
6905. 6912(8). 6921 through 6927. 6930.6934.
and 6974). and Sections 101(37) and I14(c) of
CERCLA (42 U S C 9601(37) and 9614(c)).
Subpart A—Definition*
5 279.1 DefWtJons.
Terms that are defined in 58 280.10,
261.1. and 280.12 of this chapter have the
same meaning* when used in this part.
Abovegnund tank means a tank used
to store or process used oil thai is not an
underground storage tank as defined in
§ 280.12 of this chapter.
Container means any portable device
in which a material u stored
transported, treated, disposed of. or
otherwise handled.
Do-it-yourselfer used oil collection
center means any site or facility that
accepts/aggregates and stores used oil
collected only from household do-it-
yourselfers.
Existing tank mean* a tank that is
used for the storage or processing of
used oil and that is in operation, or for
which installation has commenced on or
prior to the effective date of the
authorized used oil program for the
State in which the tank is located.
Installation will be considered to have
commenced if the owner or operator has
obtained all federal, state, and local
approvals or permits necessary to begin
installation of the tank and if either (1)
A continuous on-site installation
program has begun, or
d| The ovvner or operator has entered
into contractual obligations—which
cannot be canceled or modified without
substantial Toss—for installation of the
tank to be completed within a
reasonable time.
Household "do-it-yourselfer" used oil
means oil that is denved from
households, such as used oif generated
by individuals who generate used oil
through the maintenance of their
personal vehicles.
Household "do-it-yourselfer" used oil
generator means an individual who
generates household "do-it-yourselfer"
used oil.
New tank means a tank that will be
used to store or process used oil and for
which installation has commenced after
the effective date of the authorized used
oil program for the State in which the
tank is located.
Processing means chemical or
physical operations designed to produce
from used oil. or to make used oil more
amenable for production of. fuel oils.
lubricants, or other used oil-derived
product. Processing includes, but is not
limited to: blending used oil with virgin
petroleum products, blending used oils
to meet the fuel specification, filtration.
simple distillation, chemical or physical
separation and re-refining.
Re-refining distillation bottoms means
the heavy fraction produced by vacuum
distillation of filtered and dehydrated
used oil. The composition of still
bottoms varies with column operation
and feedstock.
Tank means any stationary device.
designed to contain an accumulation of
used oil which is constructed primarily
of non-earthen materials, (e.g., wood.
concrete, steel, plastic) which provides
structural support
Used ml means any oil that has been
refined from crude oil or any synthetic
oil. that has been used and as a result of
such use if contaminated by physical or
chemical impurities.
Used oil aggregation point means any
site or facility that accepts, aggregates.
and/or stores used oil collected only
from other used oil generation sites
owned or operated by the owner or
operator of the aggregation point, from
which used oil is 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 burner means a facility
where used oil not meeting the
specification requirements in S 279.11 is
burned for energy recovery in devices
identified in 3 279.61(a).
Used oil collection center means any
site or faculty that is registered/
licensed/permitted/recognized by a
state/count) /municipal gen eminent to
manage used oil and accepts/aggregates
and stores used oil collected from used
oil generators regulated under subpart C
of this part who bring used oil to the
collection center m shipments of no
more than 55 gallons under the
provisions of \ 279.24. Used oil
collection centers may also accept used
oil from household do-it-yourselfers.
Used oil fuel marketer means any
person who conducts either of the
following activities.
(1) Directs a shipment of off-
specification used oil from their facility
to a used oil burner: or
(2) First claims that used oil that is to
be burned for energy recovery meets the
used oil fuel specifications set forth in
S 279 11 of this part
Used oil generator means any person.
by site, whose act or process produces
used oil or whose act first causes used
oil to become subject to regulation.
Used-oil processor/re-refiner means a
facility that processes used oil.
Used oil transfer facility means any
transportation related facility including
loading docks, parking areas, storage
areas, and other areas where etu'pments
of used oil are held for more than 24
hours during the normal course of
transportation and not longer than 35
days. Transfer facilities that store used
oil for more than 35 days are subject to
regulation under subpart F of this part.
Used oil transporter means any
person who transports used oil. any
person who collects used oil from more'
than one generator and transports the
collected oil. and owners and operators
of used oil transfer facilities. Used oil
transporters may consolidate or
aggregate load* of used oil for purposes
of transportation but. with the following
exception, may not process used oil
Transporters may conduct incidental
processing operations mat occur in me
normal course of used oil transportation
(e.g.. settling and water separation), but
that are not designed to produce (or
make more amenable for production of}
used oil derived products or used oil
fuel
Sufapart B—AppHcabfflty
§279.10
This section identifies those materials
which are subject to regulation as used
oil under this part. This section also
identifies some materials that are not
subject to regulation as used oil under
this part, and indicates whether these
materials may be subject to regulation
as hazardous waste under parts 260
through 286.288. 270. and 124 of this
chapter
-------
41614 Federal Register / Vol 57. No. 176 ( Thoraddy. Septemser 10. 1992 , Rues and Refutations
(a) Used oil EPA presumes that used
oil i* to be recycled unless a used oil
handler disposes of used oil or sends
used oil for disposal Except as provided
in S 279J1. the regulation* of du« part
apply to used oil. and ta materials
identified in this section M being subject
to regulation as used oil, whether or not
the used oil or material exhibit* any
characteristic* of hazardous waste
Identified in subpart C of part 281 of this
chapter.
(b) Mixtures of used oil and
hazardous waste—{I] Listed hazardous
waste, (i) Mixtures of used oil and
hazardous waste that ts Hated In subpart
0 of part 281 of this chapter are subject
to regulation as hazardous waste under
parts 90 through 288.2BB> 270, ami 124
of this chapter, rather than as used oil
under this part.
(M) Rebfttobte preaumptioa for used
oil. Used oil containing more than 1.000
pom total halogen is presumed to be a
hazardous waate became it has been
mood wtth helograated hazardous
waste listed in snbpait 0 of part 2m of
this chapter. Persons may rebel this
used oil does not i
waete (for example, by assmj an
analytical method foot SW-6W, Edition
UI. to sfcjow that the vaed eal dees not
contain, significant concentration* of
hnbajpaaied haiardou* oon*tihiimt»
lialed in appendix VH1 of part 261 of Ikes
chapter). EPA Pabiicaboa SW-«*6.
Third Edition, i* available tat 6e cost of
SllOuOO from the Government Prinliag
Office. Superintendent of Documents.
P.O. Box 371BM. Pittsburgh. PA 1S2SO-
7954. (202) 78£-a238 (document number
855-001-00000-1).
(A) The rebnttable presumption does
not apply to metalworiung oils/fluids
containing chlorinated paraffin*, if they
are processed, through a lolling
arrangement a* described in 1279J4(cj,
to reclaim mataVwnAing "'I'/fluirts. The
presumption does apply to
metalworkiog oils/Quids if such oil*/
fluids are recycled in any other manner.
or disposed.
(B) The rebuttable presumption does
not apply to used oils contaminated
with chlorofluorocarbon* (CFCs)
removed from rrrnflnraaian units where
the CFCs are destined for reclamation.
The rebuttable presumption dees apply
to used oil* contaminated with CFCa
that have been mixed with ueed oil front
sources other than refrigeration unria.
(2) Characteristic hazardous waste.
Mixtures of used oil and hazardous
waste that exhibit* a hazardous waste
characteristic identified in subpart C of
part 261 of this chapter are subject ta-
li} Except as provided In paragraph
fb)(2)(iir) of this section, regulation as
hazardous wane under parts 260
through 266. 288. 270, and 124 of this
chapter rather than as used oil under
thi* part if the resultant mixture
exhibits any characteristics of
hazardous waste identified in subpart C
of part 261 of this chapter or
(n) Regulatioa a* used oil ender this
part if the resultant mixture does not
exhibit any characteristics of hazardous
waste identified under sabpart C of part
261 of this chapter.
(iii) Regulation as nsed oU under this
part, if the mixture is of used oil and a
waate which is haurdone sokrjr
because if exhibits the characteristic of
tgnitabitity and is not baled iftMbpart D
of put 2B1 of this chapter (*4. •amenl
spirits), provided that the odxtaredoea
not exhibit the characteristic of
tgMtabaUty voder i 2BL21 of thai
chapter.
(3) ConditiomaUyexeapttnaU
qtm^ty generator Jtaeofdo
Mixture* of used osi end comJMo
exempt smell quantity generator
haiardou* waste regulated ander | 261.5
of this chapter en subfact to regusation
Uy
as used oil under Ibis part
esedott
(c) Mixture* of»
hazardous satod m
used oil end non-h
ott with
rdoa* aoUd waste
are subject to regulation as need oil
under Ibis part.
fd) Mixture* ofueedoii wtiti product*.
(l) Except as provided in paragraph
(d)(2) of thi* section, mixtare* of wed oil
and rack or other product*
to regulation as used oil under thai part
(2) Mixture* of ueed od and dieaei fael
nixed on-aMe by the generator of the
used oil far use in the generator's own
vehicles are net subject to tbJs part once
the Heed oil and dtesd fad have been
mixed. Prior to mixing, the tend oil i*
• ••laf nr i ft** fcmtA eM^MM^^MSit^aawkai *w*T *Maftm«fe*m*4 f*
•HD|9CI *v DM r9(|UiriafDBawB Ql BUII|J«UI \*
of thi* part.
(a) Hatenatt derived from toed ail.
(Ulaalatials that are reclaimed from
used oil that are used benefirtaBy and
are not burned for energy recovery or
used in a stannar eonfltfroting dtapoaal
(e.g, redefined bfaricaatta) arc
i) Not used oA and tfaue are not
subject to thia part and
ii) Not solid watfe* and are thoa not
subject to the hanardnas waate
regulation* of part* 240 through 280.288,
270, and 124 of this ehapttr a* provided
a 1281 J(c)(2Ki) of thw chapter.
(2) Material* produoed from aaed oil
that are burned for energy leumay (e^M
used oil rue**) are svbfect to reguiatian
a* used oil under thia part
(3) Ry^pt as provided in paragraph
(e){4) of this section, materials derived
from used oil that are disposed of or
used in a manner constitoiag disposal
are:
(i) Not used oil and thus are not
subject to this Part, and
(n| Are solid wastes and thus are
subiect to the hazardous waste
regulations of parts 260 through 268. 268.
270. and 124 of this chapter if the
materials are identified as hazardous
waste.
(4) Re-refining distillation bottoms
that are used as feedstock to
manufacture asphalt products are:
(i) Not subiect to this part at this liae.
and
(n) Not subject to the hazardous
waste regulations of parts 200 through
286.268.270. and 124 of tfri* chapter at
this time.
(f) Waatewater. Wastewater. the
discharge of-which is subject to
regulation under either section 402 or
section aoTfb) of the dean Water Act
(including wastewaters at facilities
which have eliminated the discharge of
wastewater). contaminated with de
minima quantities of used eti are not
subject to the rrneinmiiits of tin* part
For purposes of this paragraph, "de
minimis"quantities of used oils era
defined aa amnU tndJs. toakn, or
dnppmgs fraaapi
VB«^ WVBnM ^^^^mm^ff W^^K^^^^M^W ^v^v^^^p
normal upenthm* or small smounU of
oil tost to the wsstewater treatmenl
system thulng wsshmg or dranring
operations. Tills exception win not
apply if the used od ia diacarded a* a
result of abnormal manufacturing
operations resulting in aabsUntiai leeks,
spill*, or other relessci. or to aaed oil
recovered Irani weetewat
WUted ail introduced i
orfoteni gag aajas/avea, Used ofl that is
pieced directly into e crede oil or
natural gee ptpanne « sasaect ta tne
management standard* of thia part only
prior to the point of introduction to the
pir>dine.OBO*theeBedoitain*odoeed
to the ptoettna. tne material i* exempt
from the requirements of tmv part
(h| Utfdoiloa mneJ*. Uead ofl
prodaced on ^saeeb front normal
shipboard onenttoBB i* not estteet to
this jiart «atil it ia transported*
(i) PCS contaminated used eW. PCB-
contaiaaag aaed oM regulated under part
761 of mia chapter ie exempt from
regulation under this part
S279.11 Used 011
Used oil bemad far i „
aixJanyfadprodacedfroBasedoilbf
•i subject to ngnmttai coder thfe part
urUeu it U shewn not to exceed any of
the allowatsa smm of the consttraenls
and properties m te spedfieatkai
shown In Table 1. Once ueed oil that ia
to be burned for energy recovery ha*
-------
Federal Register / Vol 57, No ire / Thursday September 10. 1992 • Ruiea ana
41615
been shown no* lo exceed any
specification and th« penaat making that
showing complies with 11279-72.279.73.
and 27B74(b). the need oil it no laager
subject to this put.
TABLE T-Useu On Nor
i ANT
SPECIFICATION Leva. IB Nor SUBJECT
TO THIS PART WHEN BURNED FOR EM-
ERGY RECOVEAV '
Ccdmkrn
FlMtlpORt ..
TOW natoaVN
t psm mffdnun.
2 ppm nwdnwn.
100 T
4.000 wm
of auig can b> 9uoona**r rtteitM.
(a) Surface mpomdtneat prohibition.
Used oil CM) pot bt manafad in sarfece
impoaaKfcnnta or watte pUes antese A*
units an setyect to regalattaa aader
part*. 2M or 2BS ol this chapter.
>f ased etf a* a doet svppraaaaol to
prohibited, except waea each atttBMy
akes place in one of the state* bated fa
i 279.82(c).
(c) Bmming in particular luula. OB-
specification used ml fuel nay be
burned foreaergy recovery at only the
fallowing devices:
(1) Industrial furnace* identified as
} 260.10 of this chapter
(2) Boilers. as defined in ft 2BO10ef
this chapter, (hat are identified aa
follows:
(i) Industrial boilers located en the
site of a facility engaged1 In a
manufacturing process where
substances are transformed Into new
products, KKruding the component parts
of products, by mechanical or chemical
processes:
(ti) Utility boilers osed to produce
electnc power, steam, beatar or cooled
air, or other gases or floats for sale: OB,
(Hi) Used oil- fired space heaters
provided that the burner meet* the
provisions of 9 279 23.
SufefMrt C-Standartfe for UMd (M
5279JO ApaflcaMUty.
[a] General. Except aa provided in
jaragrapas (»MD through UH*) of tiua
tection, (hit subpart applies, to %U wed
otl generators. A used CM! generator i»
any person, by site, whose act or
process produces used oil or whose act
first causes used oil to become subject
to regulation.
(\) Household "do-it-younelfer" uted
oii geaemlon. Household "do-it-
yourselfar" used oil generators an not
subject to regulation under thia part
(2) Veaw/s. Vessel* at sea or at port
are not subject to this swbpart For
purposes of mis subpart, used oil
produced on vessels from normal
shipboard operations is considered lo be
generated at the time it is transported
ashore. The owner or operator of the
vessel and the penon(i) removing or
accepting uaed oil from the vessel are
co-generators of the seed oil and era
both mponaMe for managing the weato
in exnpBence wfft (Us robpart once the
used oft fe transported1 aahora. The to-
which party will fulfill the req
of tmaaabpart
(3) Diesel fuel. Mixtures of aeed oil
and diesel fuel mixed by the generator
of the seed otl for aeem Aw generator's
own veBSchw are not nbfecl to Ian pert
once the used oil and diesel fuel have
been mixed. Prior lo mixing, the used oil
fuel is subject to the requirements of this
subpart
(4) farmers. Parmera who generate an
average of 28 gagon* per mourn or lew
of used eg from vehidee or machinery
used! aa me> tm hi * calendar year are
not subfret to me lasjuirtmunta of mis -
pert
(b) Orter oppflcoAfe provnTMna. Used
oU generator* wfto oandoct dto fpBowiag
actfvttjee are sebfoct to me reoatoeflieBfa
part at todicated to panfrcpha (b](l)
through (5) of this sedtoK
(1) Generators who transport used oil.
except under me self-transport
preetotoaa at 127124 (a) and fb). and
also comply anao fubpart B of tm» part
tefine used ofl meet also compJy with
nbeaitPefmiaaart
|3] Generators who1 burn off-
specification ased off far energy
recovery, except ander the oo-ette space
beater provniona of ff 279.23. aimt also
comply with aabpart C of thie part
(4) Generators who direct shipments
ofeff-epeeiffcatfon need ofl from their
facility to a used oil burner or first data
that used oil that ie to be boned for
enemy recovery meets the ssed otl reel
specificattom set forth in 127f.ll mast
also comply wit* subpert H of this part.
(S^Geaeraton who dispose of used
oil. tocradiag the use of used oil aa a
dusXsuoonMaot. BUM alao comply with.
robpart I of Ihia part.
4279.21 Hazardous waste mixing.
(a) Generator* shall not mix
hazardous waste with used oil except as
provided 10 1279.lO(b)(2) (ii) and (iiiV
(b) The rebattabto prewmpboa for
used oil of 127».10|bNlNH) •ppnea to
used oil managed by generators. Under
the rebvttable pfesaanptioB tor ased on
of ft 278JO(bMlHn), aeed otl omuaag
greater than un»pam total haloaena to
presumed to be a hazardous waste and
thus must be managed as hazardous
waste and not as used otl unless the
presumption la rebutted However, die
rebuttaMe presamptJofl does ml apply
to certain awtahworking oila/fluids and
certate esed eBs removed fronr
{27*22 UeedoaM
Aaspadfledas 1279.1011).
quantities of uaed oil an not subject to
the reaaArenenta of mis part mchufing
the pBaeabittoa OB etorege in mute other
than tanks or containers. Used oil
generators are subject to all applicable
Spill Prevention. Control and
Cuuiusiiaeaamu (40 CFR part 112? in
addifle* to dto requirements of thte
Subpart Used oil generators are alao
subject to ne> Underfmind Storage
Tank (4OCPIk part 280) standardafbr
used oil stored in underground taaka
whether or not the need oil exhibits any
chancterUtica of hazardous waste, m
addtttoato»ereom>eawntsofmi»
subpert
(e) Storage en/aji Used oil geiieiarera
sbaB not store aeed ofl ht anrts other
than tanke. comainera. or unite eabfect
to regulation under parta 2M or 285 of
this chapter.
(b) Comfftfon of units. Containers- and
abovegronnd tank* osed lo store ased
oil at generator (aolitiea must be:
(1) hi good condition (no severe
rusting, apparent strectural defects or
deterioration); and
(Z] Not leaking [no visible leaks].
(c) LabeJf. W Contakun and
abovegnund tanks uaed to store used
oil at generator facilities must be
labeled or marked clearly with the
words "UsedOil*
(2) Pill pipes used to transfer uaed oil
into aadetgroaad storage uaks at
m must be labeled or
marked dearly with the words "Used
Oil."
(d) Retfoate to reJacwe*. Upon
detection of a release of uaed oil to the
environment not subject to the
requirements of part 280, subpart F of
thia chapter which hat occurred after
the effective date «f the authorized ased
oil program for the Stale in which the
-------
41616 Federal Regjsler \.o', 5" No
Sep:e-_r:-
Re-j-.c
release is located, a genera'or rrust
perform the following cleanup steps'
(l) Slop the release.
(2) Contain the released used oil.
(3) Clean up and manage properly the
released used oil and other materials:
and
(4) If necessary to prevent future
releases, repair or replace any leaking
used oil storage containers or tanks
pnor to returning them to service.
§279.23 OfrtJte burning In space Iwstsm
(a) Generators may burn used oil in
used oil-fired space heaters provided
that:
(1) The heater bums only used oil that
the owner or operator generates or used
oil received from household do-it-
yourself used oil generators:
(2] The heater is designed to have a
maximum capacity of not more than 0.5
million Bru per hour and
(3) The combustion gases from the
heater are vented to the ambient air.
(b) (Reserved)
9279.24 Off-ette shipments.
Except as provided in paragraphs (a)
through (c) of this section, generators
must ensure that their used oil is
transported only by transporters who
have obtained EPA identification
numbers.
(a) Self-transportation of small
amounts to approved collection centers.
Generators may transport, without an
EPA identification number, used oil that
is generated at the generator's site and
used oil collected from household do-it-
yourselfers to a used oil collection
center provided that:
(1) The generator transports the used
oil in a vehicle owned by the generator
or owned by an employee of the
generator
(2) The generator transports no more
than 55 gallons of used oil at any time:
and
(3) The generator transports the used
oil to a used oil collection center that is
registered, licensed permitted, or
recognized by a state/oounty/munitipal
government to manage used oil.
(b) Self-transportation of small
amounts to aggregation points owned by
the generator. Generators may
transport, without an EPA identification
number, used oil that is generated at the
generator's site to an aggregation point
provided that:
(1) The generator transports the used
oil in a vehicle owned by the generator
or owned by an employee of the
generator
(2) The generator transports no more
than 55 gallons of used oil at any time;
and
(3,1 The generator transports the used
oil to an aggregation point that is ovsned
and/or operated by ihe same generator
(c] Tolling arrangements Used oil
generators may arrange for used oil to
be transported by a transporter without
an EPA identification number if the used
oil is reclaimed under a contractual
agreement pursuant to which reclaimed
oil is returned by the processor/re-
refiner to the generator for use as a
lubncant, cutting oil. or coolant. The
contract (known as a "tolling
arrangement") must indicate:
(1) The type of used oil and the
frequency of shipments:
(2) That the vehicle used to transport
the used oil to the processing/re-refining
facility and to deliver recycled used oil
back to the generator is owned and
operated by the used oil processor/re-
refiner and
(3) That reclaimed oil will be returned
to the generator.
Subpart ^Standards for Ut+flIOU
CoMctlon Contort md
g 279 JO
collectio
Po-H-yoursetfer used oB
(a) Applicability. This section applies
to owners or operators of all do-it-
yourselfer (DIY] used oil collection
centers. A DIY ueed oil collection center
is any site or facility that accepts/
aggregates and stores used oil collected
only from household do-it-yourselfers.
(b) DIY used oil collection center
requirements. Owner* or operators of all
DIY used oil collection centers most
comply with the generator standards in
subpart C of this port
927941 Ueedefl
(a) Applicability. This section applies
to owners or operators of used oil
collection centers. A used oil collection
center is any site or facility that
accepts/aggregates and stores used oil
collected from used oil generators
regulated under subpart C of this part
who bring used oil to the collection
center in shipments of no more than 55
gallons under the provisions of
5 279.24(a). Used oil collection centers
may also accept used oil from household
do-it-yourselfers.
(b) Used oil collection center
requirements. Owners or operators of all
uced oil collection centers must
(1) Comply with the generator
standards in subpart C of this part and
(2) Be registered/licensed/permitted/
recognized by a state/county/municipal
government to manage used oil.
§ 279 32 UMd oil aggregation point*
owned by the generator.
(a) Applicability. This section applies
to owners or operators of all used oil
aggregation points. A used oil
aggregation point is any site or facility
that accepts, aggregates, and/or stores
used oil collected only from other used
oil generation sites owned or operated
by the owner or operator of the
aggregation point, from which used oil is
transported to the aggregation point in
shipments of no more than 55 gallons
under the provisions of § 279.24(b). Used
oil aggregation points may also accept
used oil from household do-it-
yourselfers.
(b) Used oil aggregation point
requirements. Owners or operators of all
used oil aggregation points must comply
with the generator standards in subpart
C of this part.
Subpart E—Standard* for Used OU
Ti ainporter and Trsjnsjfsjr Facilities
§279.40 ApplkablMy.
(a) General. Except as provided in
paragraphs (a)(l) through (a)(4) of this
section, this subpart applies to all used
oil transporters. Used oil transporters
are persons who transport used oil
persons who collect used oil from more
than one generator and transport Ihe
collected oil. aad owners and operators
of used oil transfer facilities.
(l) This subpart does not apply to on-
site transportation.
(2) This subpart does not apply to
generators who transport shipments of
used oil totalling 55 gallons or less from
Ihe generator to a used oil collection
center as specified in I 279.24(a).
(3) This subpart does not apply to
generators who transport shipments of
used oil totalling 55 gallons or less from
the generator to a used oil aggregation
point owned or operated by the same
generator as specified in ft 279.24(b).
(4) This subpart does not apply to
transportation of used oil generated by
household do-it-yourselfers from the
initial generator to a regulated used oil
generator, collection center, aggregation
point, processor/re-refiner, or burner
subject to the requirements of this part.
Except as provided in paragraphs (a)(l)
through (a)(3) of this section, this
subpart does, however, apply to
transportation of collected household
do-it-yourselfer used oil from regulated
used oil generators, collection centers.
aggregation points, or other facilities
where household do-it-yourselfer used
oil is collected.
(b) Imports and exports. Transporters
who import used oil from abroad or
export used oil outside of the United
-------
Federal Register / Vo> 57. No. ir& / Thursday Sep'enber 10. 1992 /' Rules and Regulations 41617
States are subject to the requirements of
this subpart from the time the ased oil
enters and onbi the time it exits the
United States.
(c) Truck* used to Oaiuport
hazafdout waste. Ualese trucks
previously used to tnaaport hazardous
waste are emptied so described hi
9 281.7 of this chapter prior to
transporting ased oil. dte ased oil is
considered to have been mixed with the
hazardous waste and must be managed
as hazardous waste unless, under the
provisions of 9 279.10(b], the hazardous
waste/used oil atixtore is detenpsned
not to be basardoaa waeta
(d) Other oppHcabbpimMtuu. Used
oil transports** who comfort the
foUewtng acttviOe* are also sabject to
other appUabsr provWom of tMs part
aa indicated to paragraphs fdRl) thwugh
(5) of this section:
(1) Transporters who generate ued oil
must also comply with sabpert C of tfkfs
part:
(2) Transporters who process or re-
refine used oil. except as provided In
9 279.41. must also conrpty wftft subpart
F of this part:
(3) Transporters who burn off-
speeificaHan used oil for energy
recovery must also comply with subpart
C of this part
(4> Transporters who direct shipnnials
of off-epecifkatioB ased ail fram the*
facility toa used ert burner or fins i
that ased oil that ia to be bamed far
energy recovery meeta the ased eft fnel
specifkatioe* sot forth ia 1279.11 swat
also comply with subpart H ef as*
partuel Marketers of this part; aad
(3) Transporters wbo dispose of aaad
cMLiachkangtbraaeofsaedaslaaa
dust i
subpart 1 of this part
927*41
(a) Used oil transporters may
consolidate « aggregate leads of aead
isof man
oil for purposes i
However, except aa provided in
paragraph (b) of thai section, wed oil
transporters may BOtprecess aaed-oft
unless they also —f*j with the
requirement* for processors/re-reflaers
in sobpart F of this part. ,
(b) Transporters may coodart
•ncidental proceaabag operationa mat
)ccur tn the normal coarse of used oik
transportation fee., settUng aad water
reparation), but that are not deaignd to
produce [ec make man aawaable for
production of) used oil derived products
itnles» they alao comply with the
processor/re-fefinec reqniremeBU ia
jubpart P of this, part
{27*42
(a) Identification numbers. Used oil
transporters who have not previously
complied with the notification
requirements of RCRA section 3010 must
comply with these requirements and
obtain an EPA identification iramber.
(b] Mechanics of notification, A used
oil transporter who has act received an
EPA identification number may obtain
one by notifying the Regional
Admnristntor of their used ml activity
by submitting either.
(1) A completed EPA Form 8700-12
(To obtain EPA Pom S700-1Z call
RCRA/SupartakArtotUoe at v-aoe~e«-
9346 or TOB-m-OKO* or
(2) A letter requesting an EPA
identification number.
CaB RGRA/Saperftmd HotHnv l»
determine where to send «letter
requesting an EPA Menttncethin
number. The letter alioaM fawrode the
following utfuruiarlun:
(i/1 ranaporVer compaRy navw*
fir) Owner of tlie traneporter cofflpenyr
(IHJ MaiMng address for fee
transporter.
(iv) Nasae end telephone manber for
the transporter pocnt of eoBtacfr
t») Type of trsjwporl actfvttr (law
transport only, transport and translur
facifcttyt transfer fact)tty w«Jy)t
(vi) Location of all transfer fadlMm at
human hearth and the environment (e.g.,
notify local authorities, dike the
discharge area).
(2) If a discharge of used oil occurs
during traswportarJoB and an official
(Slate or local government or a Federal
Agency) «ettagwHhia the scope of
official responsibilities deteraaoes fat
Immediate removal of the osed otf to
necessary to protect bornea health a*
the environment that official mff
authorize the renewal of the ased oil by
transporters who do not hsnre EPA
(vii) Naav aad telephone iramcvr for
a contact ateack tnuasfcr facUtty.
|27sV4i Uaeatot
(a)DsM«riea.AasedoflBmnepiirt«r
must dettvex all aeed oil racarved tat
(l) Another asad oU Baaeaorter.
provided that the transporter has
obtained aa BP
(2) A used oil
faolily who ha* obteaaad asr
identtfintteai naasban
(3) Aa oB-epeasikfttten mwd Oil
facility who he* obtained auEPA
idendficaliaa i
(3)Anair1ratt,bJgaw«y,orwalBr
transporter who aa» diachaigid aasd <
(i) Give notice, if required by 4V Gn
ITtJfl to the HisHanal Itiipnnn Center
(ii] Report at wftttog aa- reaabed vy- 41
CPU VtM to no Dtredor. Offce of
HaaardevaMatartaUl
MatariassTraaspor
Dopartawat of Transportation,
WashtogtoawDCarMD.
(4) A water ftaaeaorter who has
discharged seed oil anal give aoUce aa
transpertasna or
may be tequired or approved b> fadacat
state, or Focal officials so that tie used
oil discharge no longer presents a
hazard to human health or the
envir
(a)To«
rtkat asad oil iai
idaatificeaiaa) auasben or
(4) AA oD-spedBcatioB used oil bwner
facility.
(b)SAijyu». Used oil transporters
muat cosapty wi tk alt applicable
packaging, tabaling, and plaeardiag
requiraoMnts at the VS. Department of
TransporUttoa wder 49 CFR parta 173.
17» aad ITU, Used oil that awots the
definition of cossbostikU Usjad (0aah>
point below 20»'F bvt at or greater than
100 *F) or flammable liquid (flash point
below 100 *F) ka sobiect to Department
of Transportatioa Haaardona naassriala
Regulabons at 49 CFR Parts 100 through
177.
(c) Used oil discharge. (1) hi the
event of • discharge of aaed t& doing
transportation, the transporter moat take
appropriate •mediate action to protect
used oft toaaapoetsr
whether
used oB
transfer
ppm,
(bJTaa
of
eir rtead at a
[t] Teastag m* ased oik or
content of the used oil in light of *«
in light
(c)tf BBS ased oil t _.
or equal to taWapn total loJogeaa. It (a
isumadtobaal
presumed » oa ens
id hi
subpart 0 of part Ml of tWe cheptar.
Tboewaer or operator may rebat the
presumptlew by denwoatrattag tet the
used oil does not conlahi aeMrdoos
waste (for axasnte. by asbaj ast
analytical aMthod b«a> 8W-Me. EdMm
at to SBMW that the used of does oat
coni
halogeaated hasardoa* constituents
-------
41618 Federal Register / Vol 57. No l'6 T"^-sca> Serer.be- '.0 199: Ru'.es and Reeuidijrs
listed m Appendix VIII of part 261 of
this chapter). EPA Publication SW-646.
Third Edition, is available for the coal of
Si 10.00 from the Government Printing
Office. Superintendent of Documents.
PO Box 371954. Pittsburgh. PA 15250-
7954. (202) 783-3238 (document number
955-001-0)000-1).
(1) The rebuttable presumption does
not apply to metalworking oils/fluids
containing chlorinated paraffins, if they
are processed, through a tolling
arrangement as described in t 279.24(c).
to reclaim metalworking oils/fluids. The
presumption does apply to
metalworking oils/ fluids if such oils/
fluids are recycled in any other manner.
or disposed.
(2) The rebuttable presumption does
not apply to used oils contaminated
with chlorofluorocarbons (CFCs)
removed from refrigeration units if the
CFG are destined for reclamation. The
rebuttable presumption does apply to
used oils contaminated with CFCa that
have been mixed with used oil from
sources other than refrigeration units.
(d) Record retention. Records of
analyses conducted or information used
to comply with paragraphs (a), (bj. and
(c) of this section must be maintained by
the transporter for at least 3 years.
S37MS Uwtf on storage at transfer
As specified in i 279.10(0.
wastewatere containing "de minimis"
quantities of used oil are not subject to
the requirements of this part including
the prohibition on storage in units other
than tanks or containers. Used oil
transporters are subject to all applicable
Spill Prevention. Control and
Countermeasures (40 CFR part 112) in
addition to the requirements of this
subpart. Used oil generators an also
subject to the Underground Storage
Tank (40 CFR part 280) standards for
used oil stored in underground tanks
whether or not the used oil exhibits any
characteristics of hazardous waste, in
addition to the requirements of this
subpart.
(a) Applicability. This section applies
to used oil transfer facilities. Used oil
transfer facilities are transportation
related facilities including loading
docks, parking areas, storage areas, and
other areas where shipments of used oil
are held for more than 24 hours during
the normal course of transportation and
not longer than 35 days. Transfer
facilities that store used oil for more
than 35 days are subject to regulation
under subpart F of this chapter.
(b) Storage units. Owners or operators
of used oil transfer facilities may not
store used oil in units other than tanks.
containers or ur.its subiecl to regulation
under parts 264 or 263 of this chapter
(c) Condition of units Containers and
aboieground tanks used to store used
oil at transfer facilities must be*
(l) In good condition (no severe
rusting, apparent structural defects or
deterioration), and
(2) Not leaking (no visible leaks).
(d) Secondary containment for
containers. Containers used to store
used oil at transfer facilities must be
equipped with a secondary containment
system.
(1) The secondary containment system
must consist of. at a minimum:
(i) Dikes, berms or retaining walls:
and
(11) A floor. The floor must cover the
entire area within the dikes, berms. or
retaining walls.
(2) The entire containment system.
including walls and floors, must be
sufficiently impervious to used oil to
prevent any used oil released into the
containment system from migrating out
of the system to the soil, groundwater.
or surface water.
(e) Secondary containment for
existing aboveground tanks. Existing
aboveground tanks used to store used
oil at transfer facilities must be
equipped with a secondary containment
system.
(1) The secondary containment system
must consiat of. at a minimum:
(i) Dikes, berms or retaining walls:
and
(li) A floor. The floor must cover the
entire area within the dike, berm. or
retaining wall except areas where
existing portions of the tank meet the
ground: or
(iii) An equivalent secondary
containment system.
(2) The entire containment system.
including walls and Doors, must be
sufficiently impervious to used oil to
prevent any used oil released Into the
containment system from migrating out
of the system to the soil, groundwater.
or surface water.
(f) Secondary containment for new
aboveground tanks. New aboveground
tanks used to store used oil at transfer
facilities must be equipped with a
secondary containment system.
(1) The secondary containment system
must consist of. at a m>n
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Federal Register / Vol 57. No 176 / Thursdai. September 10. 1992 / Rules and Regulations 41619
(c) Exports of used oil Used oil
transporters must maintain the records
described in paragraphs (b)(lj through
(b)(4j of this section for each shipment
of used oil exported to any foreign
country.
(d] Record retention. The records
descnbed in paragraph* (a), (b). and (c)
of this section must be maintained for at
least three yean.
5 279.47 Management of residues.
Transporters who generate residues
from the storage or transport of used oil
must manage die residues as specified
in i 279.10(e).
Subpert F--St«*io*fd» for Ueed HS) of this
section.
(1) Processora/re-refiners who
generate used oil must also comply with
subpart C of this part;
(2) Processors/re-refiners who
transport used oil must also comply with
subpart E of this part:
(3) Except as provided in paragraphs
(b)[3)(i) and (b](3)(n) of this section.
processors/re-refiners who bum off-
specification used oil for energy
recovery must also comply with subpart
G of this part. Processor/re-refiners
burning used oil for energy recovery
under the following conditions are not
subject to subpart G of this part:
} 279.51
(a) Identification numbers. Used oil
processors and re-refiners who have not
previously complied with the
notification requirements of RCRA
section 3010 must comply with these
requirements and obtain an EPA
Identification number.
(b} Mechanics of notification. A used
oil processor or re-refiner who has not
received an EPA Identification number
may obtain one by notifying the
Regional Administrator of their used oil
activity by submitting either _ *
(1) A completed1 EPA Form 8700-12
(To obtain EPA Form 8700-12 call
RCRA/Supernmd Hotnne at 1-800-424-
9340 or 703-420-9810): or
(2) A letter requesting an EPA
identification number.
Call RCRA/Superfund Hodine to
determine where to send a letter
requesting an EPA Identification
number. The letter should include the
following Information:
(i) Processor or re-refiner company
name:
(it) Owner of the processor or re-
refiner company;
(iii) Mailing address for the processor
or re-refiner
(iv) Name and telephone number for
the processor or re-refiner point of
contact:
(v) Type of used oil activity (i.e.,
process only, process and re-refine):
(vi) Location of the processor or re-
refiner facility.
Ge
(a) Preparedness and prevention.
Owners and operators of used oil
processors and re-refiners facilities must
comply with the following requirements:
(1) Maintenance and operation of
facility. Facilities must be maintained
and operated to minimize the possibility
of a fire, explosion, or any unplanned
sudden or non-sudden release of used
oil to air. soil, or surface water which
could threaten human health or the
environment.
(2) Required equipment. All facilities
must be equipped with the following.
unless none of the hazards posed by
used oil handled at the facility could
require a particular kind of equipment
specified in paragraphs (aK2)(i) through
(iv) of this section:
(i) An internal communications or
alarm system capable of providing
immediate emergency instruction (voice
or tignal) to facility personnel:
(ii] A device, such aa a telephone
(immediately available at the scene of
operations) or a hand-held two-way
radio, capable of summoning emergency
assistance from local police
departments, fire departments, or State
or local emergency response teams;
(iii) Portable fire extinguishers, fire
control equipment (including special
extinguishing equipment such as that
using foam, inert'gas. or dry chemicals).
spill control equipment and
decontamination equipment; and
(Iv) Water at adequate volume and
pressure to supply water hose (beams,
or foam producing equipment Of
automatic sprinklers, or water Spray
systems.
(3) Testing and maintenance ef
equipment. All facility communications
or alarm systems, fire protection
equipment spill control equipment and
decontamination equipment when
required, must be tested and maintained
as necessary to assure its proper
operation in time of emergency.
(4) Access to communication* or
alarm system, (i) Whenever used oil is
being poured, mixed, spread, or
otherwise handled aO personnel
involved In the operation must have
Immediate access to an Internal alarm
or emergency communication device.
either directly or througii visual or voice
contact with another employee, unless
such a device is not required In
paragraph (a}(2) of this, section.
(ii) If men is ever Just onejoiplpyee
on the premises while the facility is
operating, the employee must have
Immediate access to a device, such as a
telephone (immediately available at the
scene of operation) or a hand-held two-
way radio, capable of summoning
external emergency assistance, unless
such-a device is not required In
paragraph (a)(2) of this section.
(5) Required aisle space. The owner
or operator must maintain aisle space to
allow the unobstructed movement of
personnel, fire protection equipment
spill control equipment and
decontamination equipment to any area
of facility operation in an emergency.
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41620 Federal Register / Vot 57. No 176 / Thursday. September 10. 1992 / Rules and Raguiauons
unles* aisle apace Is not needed for any
of then piano***.
(8) Arrangements with local
authorittn. (I) The owner or operator
arrangeaenta. aa appropcBBS* lor the
type of esed oU haadsed a* «•» facility
and the potential need far the services
of these organintiaasc
(A) Arrangements to fasMfcertae
police, fire departments, and emergency
response teens with the layout of the
facittty. properties ot need oil handled at
the facility aad associated hasards.
places whan facility persoaael woeld
nonsaliy be workiaa, entrances to read*
inside the fadUf. and possible
(B) Where ovore than on* police aad
Rn department night respond to an
emergency. agyeamsnts designating
primary nmsrginry authority to a
specific police and* a specific fie*
department and agreements with any
others to provide support to the primary
emergency authority:
(C) Agreemants with State emergency
response teams, emergency response
contractors, and equipment suppliers;
and
(D) Arrangements (o famtruri™ local
hospitals with the properties of used ofl
handled at the facility and the type* of
injuries or iDnesses which codd result
from fires, explosion*, or releases at (he
facility.
(il) Where State or local authorities
decline to enter into sach arrangements.
the owner or operator must document
the refusal hi the operating record.
(b) Contingency pton otto emergency
procedures* ^Hvnera and operators' or
used oil processors and re-refiners
facilities most comply with the following
requirements:
(l) rvrpose onQ toipfeutcntooon of
contingency plan. 0} Each owner or
operator must have a cwiUngancy plea
for the facility. The contingency plan
must be designed to
human health or the envir
nt fr
fires, explosion*, or any aapiaaned
sudden or non-sudden release of used
oil to air. soil, or sarfaev water.
(u) The provisions of ass-plan most be
carried oat immediately whenever there
is a Tire, explosion, or release or need ofl
which could threaten human health or
the environment
(Z) Content of contingency plan. (0
The contingency plan must desuibo the
actions facility personnel most take to
comply with paragraphs (b) (1) and (6)
of this section in response to fires.
explosion*, or any unplanned sudden or
non-sudden release of used oil to air.
soil, or surface water at the facility.
(u) If the owner or operator ha»
already prepared a Spilt frcveatioa
Control, and Countenneasure* (SPCC)
Plan in accordance with pert 112 of this
chapter, or part 1510 of chapter V of dies
title, or some other emergency or
contingency plan, the owner or operator
need only amend that plan to
Incorporate used oil management
provision* that are sufficient to comply
with the reoaJnaaenU of this part
(Iff) The plan nwt describe
arrangements agreed to by local police
departments, the depertnsentSt
hospitals. coat actors, and State and
local esMrgency response teams to
coordinate emergency servteea. par
to paragfaph (ap> of Otis see^ea
trv) The pj» mast Jet naaea.
ftQaBMsVBflL Mtu pBOHsT afnaffBDCli* \l—.
and home) of all peaowooahtM to act
as emergency coordinator (aa*
paragraph fb)(5) of this section), and this
list must be kept up to date. Where more
than one person Is listed, one must be
named as primary emergency
coordinator and others must be listed In
the order In which they wffl assume
responsibility as alternates.
(v) The plan must Include a list of aft
emergency equipment at (he facility
(such aa ftre extinguishing system*. spiO
control equipment, communication* and
alarm system* (Internal and external).
and decontamination equipment whew
this equipment la required. Tola Bit must
be kept ep to data. In addition, the plan
must include (he location and a physical
description of each item on the Cat and
a brief outline of its capabOltie*.
(vi) The plan most include an
evacuation, plan, for facility personnel
where them i»a possibility oat
evacuation could be necessary. This
plan must describe signals) to be used
to begin evacuation, evacuation routes.
and ^tmmat» evacuation, route* (la
cases when the primary routes could be
blocked by releases of used oil or fine).
(3) Copies of contingency plan. A copy
of the T*"M''B"'"T plan and aD revisions
to the plan must be:
(i) MaiiminH at the facility, aad
(ii) Sobntttod to afl local poUco
departments, fin departments.
hospitals, and State and local
emergency response teaau th
called upon to provide emergency
services.
(4) Amendment of contingency phot.
The contingency pfen must be reviewed.
and Immediately amended, If necessary.
whenever.
(I) Applicable regulations am revised:
(is? The plan fails to an emergency:
(iii) The facility change*—m its
design, construction, operation.
maintenance, or other circumstai
releases of used oiL or changes the
response necessary m an emergency:
(rv) The list of aanrgincy
coordinators change*; or
(v) The IM of emergency equipment
changes.
(5) Emergency coordinator. At ai
time*, there must be at least «»^
employee either on me facuty pienfsee
or on call (i.e.. available to respond to
an emergency by reaching the facility
within a short period of time] with the
responsfbalty for coordinating aH
emergency response measares. Tola
y coordinator most be
thoroughly familiar with all aspects of
the facility's conMnganey plan, all
operations aad activities at the facility.
the location and characteristic of used
oil handled, the locaHeBof stt receto*
withto the fanttly. amd facttty layont hi
addition, that parson most have the
authority to msisiH the naoerces
needed tocacy oat the contmgrncy
plan.
Guidanue The
fully speaed oat In psregrap* (t>Kft of
ttss ssctteo, Appfacabte reaoonsiaaVirs
for the sunagMsry iiHiirisaasnt very*
aetypvand
fadsny. aad type aad compiexny af te
facility.
(6) Emergency procedures. |i)
Whenever there is an Imminent or
actual emergency .•testlon the
emenjBBcyuiiaiasistor (or the designee
(A) Activate internal facility alarms or
r local
personnel: aad
(B) Notify approprlet* State
agencies with designated
if the* help le needed.
(B> Whenever '
or exptoston. the cnMigsnry eoopsmeio
must hasBodtetsly tdanHfy dkeehanetoi
exact soorce, tmaml and a'real extent
of aw nlaaaed materials. He nwr do
Are.
In a way that materially increase* the
potential for fires, explosions, or
01 any rwiowww immtm •• • •• •—»j —
this by observation or review of facMty
records of manifests and. if necessary.
by cheariceJ analysts.
(in) Concurrently, (he emergency
coordinator meet assesa possible
basards to human health or the
environment that may resort from the
release, fire, or explosion. This
assessment most consider both direct
and indirect effects of the release, fire.
or explosion {e.g.. the effects of any
toxic irritating, or asphyxiating gases
that are generated, or the effects of say
hazardoo* surface water nm-offs from
water of chemical agents osed to control
fire and heat-induced explosions).
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Federal Register ,' Vol 5", No 1T6 / Thursday. September 10. 1992 / Rules and Regulations 41621
(iv) If the emergency coordinator
determines that the facility has had a
release. Tire, or explosion which could
threaten human health, or the
environment, outside the facility, he
must report his finding* as follows:
(A) If his assessment indicated that
evacuation of local areas may be
advisable, he must immediately notify
appropriate local authorities. He must
be available to help appropriate officials
decide whether local areas should be
evacuated: and
(B) He must immediately notify either
the government official designated as
the on-scene coordinator for the
geographical area (in the applicable
regional contingency plan under part
1510 of this title), or the National
Response Center (using their 24-hour toll
free number 800/424-8802). The report
must include:
(I) Name and telephone number of
reporter.
[2] Name and address of facility:
(3] Time and type of incident (e.g..
release, fire):
(4) Name and quantity of material(a)
involved, to the extent known:
(5) The extent of injuries, if any. and
(6) The possible hazards to human
health, or the environment, outside the
facility.
(v) During an emergency, the
emergency coordinator must take all
reasonable measures necessary to
ensure that fires, explosions, and
releases do not occur, recur, or spread to
other used oil or hazardous waste at the
facility. These measures must include.
where applicable, stopping processes
and operation, collecting and containing
released used oil. and removing or
isolating containers.
(vi) If the facility stops operation in
response to a fire, explosion, or release.
the emergency coordinator must monitor
for leaks, pressure buildup, gas
generation, or ruptures in valves, pipes.
or other equipment wherever this is
appropriate.
(vii) Immediately after an emergency,
the emergency coordinator must provide
for recycling, storing, or disposing of
recovered used oil. contaminated soil or
surface water, or any other material that
results from a release, fire, or explosion
at the facility.
(vin) The emergency coordinator must
ensure that, in the affected area(s) of the
facility:
(A) No waste or used oil that may be
incompatible with the released material
is recycled, treated, stored, or disposed
of until cleanup procedures are
:ompleted: and
(B) All emergency equipment listed in
the contingency plan is cleaned and fit
for its intended use before operations
are resumed.
(C) The owner or operator must notify
the Regional Administrator, and
appropriate State and local authorities
that the facility is in compliance with
paragraph (h) of this section before
operations are resumed in the affected
area(s) of the facility.
(ix) The owner or operator must note
in the operating record the time, date
and details of any incident that requires
implementing the contingency plan.
Within 15 days after the incident, he
must submit a written report on the
incident to the Regional Administrator.
The report must include:
(A) Name, address, and telephone
number of the owner or operator.
(B) Name, address, and telephone
number of the facility;
(C) Date. time, and type of incident
(e.g.. fire, explosion):
(D) Name and quantity of material(i)
involved:
(E) The extent of injuries, if any;
(F) An assessment of actual or
potential hazards to human health or the
environment where this is applicable:
(G) Estimated quantity and
disposition of recovered material that
resulted from the incident.
{27943
oft.
RebuttsMe preauraptton tar ueed
(a) To ensure that used oil managed at
a processing/ re-refining facility is not
hazardous waste under the rebuttable
presumption of § 279.10(b)(l)(ii), the
owner or operator of a used oil
processing/re-refining facility must
determine whether the total halogen
content of used oil managed at the
facility is above or below 1,000 ppm.
(b) The owner or operator must make
this determination by.
(1) Testing the used oil: or
(2) Applying knowledge of the halogen
content of the used oil in light of the
materials or processes used.
(c) If the used oil contains greater than
or equal to 1.000 ppm total halogens, it is
presumed to be a hazardous waste
because it has been mixed with
halogenated hazardous waste listed in
subpart D of part 281 of this chapter.
The owner or operator may rebut the
presumption by demonstrating that the
used oil does not contain hazardous
waste (for example, by using an
analytical method from SW-646, Edition
III. to show that the used oil does not
contain significant concentrations of
halogenated hazardous constituents
listed in appendix Vm of part 281 of this
chapter). EPA Publication SW-846.
Third Edition, is available for the cost of
$110.00 from the Government Printing
Office. Superintendent of Documents,
P O Box 371954. Pittsburgh PA 15250-
7954. (202) 783-3238 (document number
955-001-00000-1).
(l) The rebuttable presumption does
not apply to metalworking oils/fluid*
containing chlorinated paraffins, if they
are processed, through a tolling
agreement to reclaim metalworking
oils/fluids. The presumption does apply
to metalworking oils/fluids if such oils/
fluids are recycled in any other manner,
or disposed.
(2) The rebuttable presumption does
not apply to used oils contaminated
with cnlorofJuorocarbons (CFCs)
removed from refrigeration units where
the CFCs are destined for reclamation.
The rebuttable presumption does apply
to used oils contaminated with CFCs
that have been mixed with used oil from
sources other than refrigeration units.
§ 27v«54 (MOO ovinensiQOfiMiil
As specified in 127B.10(f).
wastewaten containing "de minimis"
quantities of used oil are not subject to
the requirements of this part. Including
the prohibition on storage in units other
than tanks or containers. Used oil
processor/re-refiners are subject to all
applicable Spill Prevention. Contml and
Countermeasures (40 CFR part llj) in
addition to the requirements of this
subpart Used oil generators are also
subject to the Underground Storage
Tank (40 CFR part 280) standards for
used oil stored in underground *«nlf«
whether or not the used oil exhibits any
characteristics of hazardous waste, in
addition to the requirements of this
subpart
(a) Management units. Used oil
processors/re-refinera may not store or
process used oil in units other than
tanks, containers, or units subject to
regulation under part 264 or 285 of this
chapter.
(b) Condition &f units. Containers and
aboveground tanks used to store or
process used oil at processing and re-
refining facilities must be:
(1) In good condition (no severe
rusting, apparent structural defects or
deterioration); and
(2) Not leaking (no visible leaks).
(c) Secondary containment for
containers. Containers used to store or
process used oil at processing and re-
refining facilities must be equipped with
a secondary containment system.
(1) The secondary containment system
must consist of, at a minimum:
(i) Dikes, berms or retaining walls;
and
(ii) A floor. The floor must cover the
entire area within the dike, berm. or
retaining wall.
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41622 Federal Register / Vol. 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulations
(2) The entire containment system.
including walk and floor, meet be
sufficiently impervious to eoed oil to
prevent any uaed oil ralswaed Into the
containment system bsaamigrating oat
of the system to the soil •jmnBdwater.
or surface water.
(d) Secondary coatammuH for
exutiag aaawagrouad tank*. Busting
abovegrmmd tanks osad to store or
process used oil at processing and re-
refining facilities must be equipped wish
a secondary coataiomeai system.
(1) The secondary containment system
must consist el. at a rainimiim:
(i) Dikes, bezms or retaining walk;
and
(iit A Boor. The Boor must cover Ihe
entire area, wfthla (he dike, barm, or
retaining watt except areas where
existing portions of In* tank' meat the
ground; or
(iii) An equ
*y
the effective date of the authorized used
oil program for the State m which the
release is located, an owner/operator
must perform the foflowmg cleanup
stepsc
containment system.
(2) The entire containment system.
including watts and floor, must be
sufficiently tmpervkms to used ofl lo
prevent any osed oil released Into the
containment system from migrating out
of the system, to the sol gtoundwater.
or surface water.
(e) Sevonduiy containment for new
QooveyfouMi omasr New aDOvegroonu
tanks used to store or process used oil at
processing end re-refining fadHttes must
be equipped with a? secondary
contflOBMtit system.
(1) The aecuiuUry containment system
must consist ot eta mmtonun:
(i) Dikes, berms or retaining waffs:
and
(ii) A floor. The floor must cover the
entire area wnxai the dike. bem. or
retaining waft or
(Hi),
contaii
including walls and floor, must be
sufnaeatqr anpervtooa to aemtaat to
prevent i
contaiaaasaa syi
of the system to
or surface water.
--
aboveground tanks _____
process used oil at pfocassxag and re-
refining facilities must be labeled or
marked clearly with the words "Used
Oil."
(ZJ Pffl pipes used to transfer used ofl
into underground storage tanks at
C Messing and ra-caflning facflrttes must
labeled or marked dearly with the
words "Used OB."" •
detection of a release of used oil to the
envlroameat not aabfsct rathe
requireaseavs of psa» 2B
this chapter which has occurred after
(2) Contain Ike released used oil:
(3) Clean up and mange properly the
released used oil and other materials;
and
(4) ff necessary. cepair or replace any
leaking osed oil storage containers or
tanks prior to retarning them to service,
(h) Chtan.—{l}Abovegnuid tanks.
Owners and operators who store or
proems used oB In aboveground tanks
must comply with the following
requirements:
(i) At closure of a tank system* (he
owner or operator must remove er
Tl-rrtntaminn*t used ofl residues in
tanks, contaminated containment
system cojBpoaenla> ooatamfnatpd soils.
and structures and equipment
contaminated with, used oil. and
them as hazardous waste, italeae the
material* an aot baiaidooa waste
under thia chapter*
(ii) If the owaer or operator
demoBetrales that am
soils can be p
ly
decontaminated as required in
paragraph (aJftHH ef mf* secfloa. then
the owner or operator must close the
care lai
post-
apply to I
(f 28&310ofl
(2) Contain
who stoee eaad ett (pcoetaaicH meat
comply wfeYiat Mtewbg feejea-eai
(i) Al cswsm ceaMners boMng
oila ar saeidiiea or used efl onst be
removed from the sitet
(ii) The owner or operator met
dBcontanhiatB' mwd oil
syatem comjiummta. contnnfnated soils.
aoof svecteree aoor equip
I oil and manage
them as hazardous waste, unless the
materials an not hazardoas waste
under part 2flt of mb chapter.
Owaors or operators of aaeo ofl
piocesasag and iiMefliiBig fatfllfJea muvt
develop and foBew a mrltton anetyats
Jaa ihmifrliiu the moccduiea mat wfl
(l) \VhetrterBample analyses or
knowledge of ihe halogen content of thp
used oil will be used lo make this
determination.
(2) If sample analyses are used lo
make this determinatlorK
(i) The sampling method used to
obtain representative samples to be
analyzed. A representative sample may
be obtained using either
(A) One of the sampling methods hi
appendix! of part 281 of this chapter or
(B) A method shown to be equivalent
under f i 2B0.2D and 28OZ1 of this
chapter
(It) The frequency of sampling to be
performed, and whether the analysis
will be peifuimed on-srte or off-site: and
(iii) The methods osed to analyze used
oil for Ae parameters •ped&ed in
S 27*.ncand
(3) The type of information that will
be used to determine me halogen
content of the used oil
(b) On-epecfffcatim used oft fuel in
$ 279.7Z At a mnilmujit. Ihe plan must
specify/the following if \ 279.72 is
applicable.
(1) Whether sample analyses or other
information wUf be used to make this
deteiuihiallorc
(2f If aaarpfe analyses are used h>
make this determination:
(i) The sampling method used lo
obtain representative samples to be
analyzed. A representative sample may
be obtained asfng either
(A) One of the sampling methods in
appendix I of part 281 of this chapter, or
(B) A method shown lo be equivalent
under { 20A20 and OOZL of thia chapter.
(H) Whether used od wiB be aamphtd
and analyzed prior to or after any
processing/ re- refining:
(iii} The frequency of sampling to be
performed, and whether the analysis
wtfl be performed oa-sile or off-she; and
(iv) The method* used to analyze used
oil for the parameters specified to,
5 279.72 and
(3) The type of information that wffl
be osed to make the oa-apecification
used oil fuel determination.
used to cesaoly wM the anarysis
etoeff]
requireaaea** of f 27BKI and at
applicable; f 271172. The owner or
operator meat keep the plan at Ihe
facility.
(a) AetoftaMe prenanptfon far ated
oil in f 27*53. At at eitabnaat the pbn
most specify the fonowfng:
(a) Acceptance. Used oil processors/
nHBfliiers nuet keep a record of each
used oil shipment accepted for
proeewmgAw-reftetag, These records
may take the form of a log. Invoice.
manifest, bill of lading or other shipping
documents. Records for each shipaient
muat ractode the fottowtag information:
(1) The name and address of the
transporter who deBveied the used oO to
the processor/ra-refinen
72) The name and address of the
generator or processor/re-nftning from
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Federal Register / Vol. 57. No 176 / Thursday. September 10. 1992 / Rules and Regulations 41623
phom the used oil was sent for
irocenins/re-reflzuoK
(3) The EPA identification number of
the transporter who debVand the used
oil to the proceasor/H) nlhai;
W The EPA identllterton number (if
applicable) of the generator or
processor/re-reflaer tea whom the
used oH was tent for procewfng/re-
refining;
(5f The quantity of used oil accepted:
and
(8) The dete of acceptance.
(b) Delivery. Used oil processor/re-
refiners ntMt keep a record of each
shipment of used oti that I* stopped to •
used oil boner, processor/ re*renner, or
disposal facility. Tnesc-reeord*
take the FOTTB of a log, terofce.
biU of hdfaf or other stepping
documents. Records for each shipment
must include the following uifutniallon:
(l) The name and adteese of the
transporter wh»d#Jr>e» Ike wed ofl to
Uw oofiMTt proojMOf/Fp*fBftwr or
dispoMl facCtty;
(2) Ike SMBW anrf adoYew of the
burner, procevear/ra-refaflrordtoponl
facility WHO will receive the oe«d oft
(3) The EPA identification number of
the hsmpuHui wfco daftven the used oil
to the burner, proceseoi Are-iefiaer or
disposal facility;
(4) The BPA Mn*Mca«ea amber of
the burner, processor/re-fefner ot
dispoasd facility wto wttt receive me
used oil:
(5| Tk« eeeatity of wed ee) •hipped;
and
(6)ThedBtBa{sb*ISkmt-
(c) Jtacorrfiaswitas). Tba recorda
described in paragraphs (•) and fb) of
this sectioa must ba masntamed far at
least tare* yean,
(1) The EPA identification number.
name, and address of the processor/re-
refiner
12} The calendar year covered by the
report aw*
(3} The quantities of used oil accepted
for processing/re-refining and the
manner in which Iha uaed oil is
proceased/re-cefioed, including the
specific processes employed.
Used oil proccnon/re-fennen woo
inttiate ship intuits of ased oil off-site
must ship the ased oft using a used oH
transporter who haa obtained IB EPA
identification number.
{279*57 Operaonarecore'snali
(a) Operating record. (1) The owner or
operator must keep a written upeiaUiaj
record al the facility.
(2) Tha following information mast ba
recorded, as it becosMa awaaabtt. and
maintained in the operating record until
closure of the facility;
(ij Records and reaafbt of naed oil
analyses performed aa> described ia the
analysis plan required andar ft279J5;
and
(ijj Nummary reports. •mt fotail» nf atl
incidents thai require implementation of
the contingency plan OB specified in
i 279.5Z(b).
(b) Reporting. A used oil processor /re-
refiner must report to the RagwaaJ
Administrator, in the form of a letter, on
a biennial basis (by March 1 of each
even numbered year), the following
information concerning used oil
activities during the previous calendar
year.
aims who generate'
ressoDM DOB toe storage*, processing, or
re-raring1 or uea ofl most manege the
residue* at specified hi 1279.101^).
for Used Ol
«pecM
rtawxn
Subpavt
Burnaia
Used OB for Enero
(a) General To* Baoutramanlf of that
subpart apply tooted oil baznera except
a» speUCad ia paraaaapha |a)fl) aad
(a)(a) o* mfe aecsioik A uaad «fi bwner •
a facilitjr warn vaad oil aot SMatiiBj d*
specification requirements in { 27fJLtt fas
humndfns aasssj miniij m ilaihus
identified k» | SMlJa). PaciWaa
bunaaf aaad ad fox esMan? racovarx
under tefoUaOTiaaj condttaana are not
subject to this Subpart
illThaaaedoM
generator io an
under the provisicaBi of I a7U3c or
(2) Thai aaad osi ia bomtd by a
procaaaor/M-rafisieT foe parpoaaa of
processing uaed oil. which ia caoaidtied
buminf iBcidaBtttty to viaad oil
processing.
(b) Otter Offlifabi* prcvicioiM. Uaed
oil buraanwaoGapduct tha-fonowrtag
acttvitiaa ara alao SHbiact to a*
requirements of other applicable
proviaiooa of ta> part aa indicated
below.
(1) Banters who ganerata uaed oil
must also comply this subpart C of this
part
(2) Human who transport uaed oil
must also comply with subpart B of tba*
part
(3) Except aa provided in 127UlT»i
burners who procesa u re-rafioai used
oil must alao comply with subpart F of
this part;
(4) Burners who direct shipments of
off-specification used oil from their
facility to a uaed oil burner or first dan
that uaed oil that is to be burned for
energy recovery meets the used oil fuel
specifications set forth m i 279.11 muai
also comply with subpart H of this part;
and
(5) Burners who dispose of used od.
including the use of used oil aa a daat
suppressant, must comply with subpart I
of this part.
(c) Specification fueL This subpart
does not apply to persons bummg need
oil that meeta the us«d oil fuel
specification of { 278.11. provided that
the burner complies with, the
requirements of subpart H of this part
v 27941
[a] Off-specification used oil fuel may
ba owned for energy reeovery ia ostiy
the foDowrtea device*:
(1) bdaaWal hraeces identified ia
(*) Boston, aa dsAned h ff ZKUO of
this chapter, that are identified aa
follows:
(i) Industrial boilers located on the
site of a faclftr* engaged in a
manufacturing process where
substance* are transformed into new
products, including the componeal parts
of prodactc, by mechanical or chemical
procesaast
(ii) Utility boften usetHo prodace
electric power steam, heerted or cooled
air. or ether gates or fluids for sale: or
(Hi) Uaed oti-flretT space beaten
provided mat the burner meets the
provisions of 8 279.23: or
OrHnardous waste mcinerafors
sabfect to regulation under sabpart O of
parts 384 or 281 of mis chapter.
(b)(l) WUh the following exception.
used ofl burners may not procesa used
oil antes* they also comply with the
requirements of subpart Fof this part
(2) Used oil banters may aggregate
off-specification used oil with virgin oil
i ii cm epnrlflrntfain used oil for purposes
of burning, but may not aggregate for
purposes of producing oa-speci&cation
used oiL
(a) Identification numbers. Used oil
burners wbe have not previously
complied with the notification
requiremaata of RCRA sectioa 3010 must
comply with these requirements and
obtain an EPA identification uambec.
(b) Mechanics of aotificatioa. A wed
oil bumei who baa not received an EPA
identification number may obtain one by
notifying the Regional Adainiatrator of
their used oil activity by submitting
either
(1) A completed HP A Form WOO-M
(To obtain EPA Form VQO-12 call
RGRA/Superfund Hotline at 1-BOM34-
9346 or 703-820-9810); or
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41624 Federal Register / Vol 5". No 1^6 / Thursday Septenuer 10 1992 / R^'es and Regulations
(2) A letter requesting an EPA
identification number Call the RCRA/
Superfund Hotline to determine where
to send a letter requesting an EPA
identification number. The letter should
include the following information.
(i) Burner company name:
(ii) Owner of the burner company:
(in) Mailing address for the burner:
(iv) Name and telephone number for
the burner point of contact:
(v) Type of used oil activity; and
(vi) Location of the burner facility.
9279.63 RebuttaWe presumption for used
oIL
(a) To ensure that used oil managed at
a used oil burner facility is not
hazardous waste under the rebuttable
presumption of § 279.10(b)(l)(ii). a used
oil burner must determine whether the
total halogen content of used oil
managed at the facility is above or
below 1.000 ppm.
(b) The used oil burner must
determine if the used oil contains above
or below 1.000 ppm total halogens by:
(1) Testing the used oil:
(2) Applying knowledge of the halogen
content of the used oil in light of the
materials or processes used: or
(3) If the used oil has been received
from a processor/refiner subject to
regulation under subpart F of this part.
using information provided by the
processor/re-refiner.
(c) If the used oil contains greater than
or equal to 1.000 ppm total halogens, it is
presumed to be a hazardous waste/
because it has been mixed with
halogenated hazardous waste listed in
subpart 0 of part 281 of this chapter.
The owner or operator may rebut the
presumption by demonstrating that the
used oil does not contain hazardous
waste (for example, by using an
analytical method from SW-848, Edition
III. to show that the used oil does not
contain significant concentrations of
halogenated hazardous constituents
listed m appendix VIU of part 281 of this
chapter) EPA Publication SW-846.
Third Edition, is available for the cost of
SI 10.00 from the Government Printing
Office. Superintendent of Documents.
PO Box 371954. Pittsburgh. PA 15250-
7954. 202-783-3238 (document number
955-001-00000-1).
(1) The rebuttable presumption does
not apply to metalworlung oils/fluids
containing chlorinated paraffins, if they
are processed, through a tolling
arrangement as descnbed in 1 279.24(c).
to reclaim metalworking oils/fluids. The
presumption does apply to
metalworking oils/fluids if such oils/
fluids are recycled in any other manner.
or disposed.
(1) The rebuttable presumption does
not apply to used oils contaminated
with chlorofluorocarbons (CFCs)
removed from refrigeration units where
the CFCs are destined for reclamation.
The rebuttable presumption does apply
to used oils contaminated with CFCs
that have been mixed with used oil from
sources other than refrigeration units.
(d) Record retention. Records of
analyses conducted or information used
to comply with paragraphs (a), (b). and
(c) of this section must be maintained by
the burner for at least 3 yean.
{379.64 Uoedol storage.
As specified in S 279.10(0.
wastewaters containing "de minimia"
quantities of used oil are not subject to
the requirements of this Part, including
the prohibition on storage in units other
than tanks or containers. Used oil
burners are subject to all applicable
Spill Prevention. Control and
Countermeasures (40 CFR part 112) in
addition to the requirements of this
subpart. Used oil generators are also
subject to the Underground Storage
Tank (40 CFR part 280) standards for
used oil stored in underground tanks
whether or not the used oil exhibit* any
characteristics of hazardous waste, in
addition to the requirements of this
subpart.
(a) Storage units. Used oil burners
may not store used oil in units other
than tanks, containers, or units subject
to regulation under parts 284 or 285 of
this chapter.
(b) Condition of units. Containers and
aboveground tanks used to store oil at
burner facilities must be:
(1) In good condition (no severe
rusting, apparent structural defects or
deterioration); and
(2) Not leaking (no visible leaks).
(c) Secondary containment for
containers. Containers used to store
used oil at burner facilities must be
equipped with a secondary containment
system.
(1) The secondary containment system
must consist of. at a minimum:
(i) Dikes, berms or retaining walls:
and
(ii) A floor. The floor must cover the
entire area within the dike, berra. or
retaining wall.
(2) The entire containment system.
including walls and floor, must be
sufficiently impervious to used oil to
prevent any used oil released into the
containment system from migrating out
of the system to the soil, groundwater.
or surface water.
(d) Secondary containment for
existing aboveground tanks. Existing
aboveground tanks used to store used
oil at burner facilities must be equipped
with a secondary containment system
(1) The secondary containment system
must consist of. at a minimum:
(i) Dikes, berms or retaining walls:
and
(11) A floor. The floor must cover the
entire area within the dike. berm. or
retaining wall except areas where
existing portions of the tank meet the
ground: or
(in) An equivalent secondary
containment system.
(2) The entire containment system.
including walls and floor, must be
sufficiently impervious to used oil to
prevent any used oil released into the
containment system from migrating out
of the system to the soil, groundwater.
or surface water.
(e) Secondary containment for
existing aboveground tanks. New
aboveground tanks used to store used
oil at burner facilities must be equipped
with a secondary containment system.
(1) The secondary containment system
must consist of. at a minimum:
(i) Dikes, berms or retaining walls:
and
(11) A floor. The floor must cover the
entire area within the dike, berm, or
retaining wall: or
(iii) An equivalent secondary
containment system.
(2) The entire containment system.
including walls and floor, must be
sufficiently impervious to used oil to
prevent any used oil released into the
containment system from migrating out
of the system to the soil groundwater.
or surface water.
(f) Labels, (1) Containers and
aboveground tanks used to store used
oil at burner facilities must be labeled or
marked clearly with the words "Used
Oil."
(2) Fill pipes used to transfer used oil
into underground storage tonka at
burner facilities must be labeled or
marked clearly with the words "Used
Oil."
(g) Response to releases. Upon
detection of a release of used oil to the
environment not subject to the
requirements of part 280 subpart F
which has occurred after the effective
date of the authorized used oil program
for the State in which the release is
located, a burner must perform the
following cleanup steps:
(1) Stop the release:
(2) Contain the released used oil:
(3) Clean up and manage properly the
released used oil and other materials:
and
(4) If necessary, repair or replace any
leaking used oil storage containers or
tanks pnor to returning them to service.
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Federal Register / Vol 57. No 176 / Thursday. September 10. 1992 / Rutea and Regulations 41625
Tf*cfclns>
(a) Acceptance. Used oil burners most
keep a record of each used oil shipment
accepted? for UunuiB£ [uese records may
take the form of a bfw kwuica. manifest.
bill of lading, or other tUpping
doc&fflents. Records) tot eecn shipment
must ndvide the fuiWiisj 'mtamatim
(1) The name and address of the
transporter who delivered the vmd oil to
the burner:
(2) The name and address of the
genarator or prooemw/re-cofinar from
whoa the used oil was ami to the
burner
(3} The EPA Hfopttft''**'"" «m»pha> of
(he (nuporter who delivered the used
oil to the humec
(4) The EPA identification number [if
applicable! of the generator or
processor/re-refiner from whom (he
used oil was sent to the burner.
(5) The quantity of used oQ accepted;
and
(6) The date of acceptance.
(b) Record retention. The records
described to paragraph (a) of Ihlf
section nuet be maintained lor et least
three years.
9279106
(a) Certification. Before a burner
accepts the first shipment of off-
specification used oil fuel from a
generator, transporter, or processor/re-
refiner. the burner must provide to the
generator, transporter, or processor/re-
reftner a one-time written and signed
notice certifying that:
(1) The burner has notified EPA
slating the location and general
description of his used oil management
activities; and
(2) The burner will bum the used oil
only in an industrial furnace or boiler
identified in \ 279.61(a).
(b) Certification retention. The
certification described in paragraph (a)
of this section must be maintained for
three years from the date the burner last
receives shipment of off-specification
used oil from that generator, transporter,
or processor/re-refiner.
(2) First claim that used oil that la to
be burned for energy recovery mee
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41626 Federal Register / Vol. 57. No. 176 / Thursday. September 10 199: / R-j'es and Regulations
[2) The quantity of used oil fuel
delivered:
(3) The date of shipment or delivery.
and
(4) A cross-reference to dw record of
used oil analysis or other information
used to make the determination that the
oil meets the specification.* required
under 1279.72(a].
(c) Record retention. The records
described in paragraphs (a) and (b| of
this section must be maintained for at
least three yean.
9X797$.
{a} Certification. Before a used.oil
generator* transporter, or proeeiaor/ie-
refion direct! die first shipment of off-
specification used oil fuel to a burner, he
must obtain a one-time written'and
signed notice from the burner certifying
that:
(1) The burner has notified EPA
stating the location and general
description of used oil management
activities: and
(2) The burner will burn the off-
specification oaed oil only in an
industrial furnace or boiler identified in
f 279.61(0),
(b) Certification mention The
certification described in paragraph {a}
of this section must be maintained for
three years from the date the last
shipment of off-specification used oil is
shipped to the burner.
Subpwtt—Standards) for UMM a
Oust SupprtMsnt and OfcpoMt of
UMdOU
IJ7MO AppflcaMHty.
The requirements of this subpart
apply to ail used oils mat cannot be
recycled and an therefore being
disposed..
JJ7M1
(a) Disposal of hazardous used ails.
Used oils that are identified as a
hazardous waste and cannot be
recycled in accordance with this part
must be managed in accordance with
the hazardous waste management
requirements of parts 280 through 286.
26& 270 and 124 of this chapter.
(b| Disposal of nonhfuafdous used
oils. Used oils thai are not hazardous
wastes and cannot be recycled under
this part must be disposed in
accordance wiJh the requirements cf
pans 257 and 258 of this chapter.
$27142 UeaatadmtsutpreaaaML
(a) The use of used oil as a dust
suppressant is prohibited, except when
such activity take* place in one of the
states listed in paragraph (c) of this
section.
(b) A State may petition (e.g. as part
of its authorization petition submitted to
EPA under 1 271.5 of thia chapter or by a
separate submission) EPA to allow the
use of used oil (that is not mixed with
hazardous waste and does not exhibit a
characteristic other than ignitabilrryJaB
a duvl suppressant The State oust
show that it has a program in place to
prevent the use of used oil/hazardous
waste mixtures or used oil exhibiting a
characteristic other than ignitabtlity as a
dust suppressant. In addition, such
programs must minimize the impacts of
use as a dust suppressant on the
environment
(c| List of States. [Reserved]
|FR Doc 82-20065 FUwJ 9-ft-«e &46 am)
-------
Wednesday
May 20, 1992
Part III
Environmental
Protection Agency
40 CFR Part 261
Hazardous Waste Management System;
General; Identification and Listing of
Hazardous Waste; Used Olh Rule
-------
21524 Federal Register / Vol 57, No. 98 / Wednesday. May 20. 1992 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[FRL-S30-Z-92-006; 4118-4)
Hazardous Waste Management
System; General; Identification and
Listing of Hazardous Waste; Used Oil
AGENCY: Environmental Protection
Agency
ACTION: Final rule.
SUMMARY: EPA 19 today promulgating a
final listing decision for used oils based
upon uhe technical criteria provided in
the Resource Conservation and
Recovery Act (RCRA) sections 1004 and
3001 and in 40 CFR 261.11 (a)(l) and
(a)(3) EPA has decided not to list used
oils desl'ned for dispose! as hazardous
waste based on the finding that all used
oils do not »j pically and frequently meet
the technical criteria for listing a waste
as hazardous waste. This rule, therefore.
preserves the status quo for used oil
destined for disposal. EPA today is
promulgating a modification to the
current exclusions from the definition of
hazardous v\aste in 40 CFR 261.4 to
provide an exemption for certain types
of used oil filters. The Agency today is
also prov idmg public notice of the EPA's
deferral on a decision whether or not to
list residuals from the reprocessing and
re-refining of used oil at this time.
The Agency is not taking final action.
at this time, on a listing determination
and/or management standards for used
oils that ere recycled as proposed in
1985 and 1991. The Agency will, in the
near future, make a final decision on
listing of used oil destined for recycling
and appropriate management standards
for used oil handlers under the authority
of RCRA section 3014. If EPA
promulgates additional management
standards, service station dealers may
be eligible to qualify for the
Comprehensive Environmental
Response. Compensation, and Lability
Act (CERCLAJ section 114(c) liability
exemption The Agency also may
propose standards controlling the
burni.-g of used oil in boilers and
furnaces at a later date
EFFECTIVE DATE: June 19. 1992
ADDRESSES: The docket for this
miemaking and regulatory decision is
available for public inspection at 'oom
242" US Environmental Protection
Agency, -toi M Street. SW . Washington.
DC 204tiO from 9am to 4 p m . Monday
ihroLgh Friday, except for Federal
holidays The docket number is F-91-
UOLF-FFFFF The public must make an
appoin;-er' 'o review docket materials
by calling (202) 260-9327. The publ.c
nay copy a maximum of 100 pages from
any regulatory document at no cost.
Additional copies cost $ 20 per page.
FOR FURTHER INFORMATION CONTACT:
For general information contact the
RCRA Hotline. Office of Solid Waste.
U S Environmental Protection Agency.
401 M Street. SW . Washington. DC
20460; Telephone (BOO) 424-9346 (toll
free) or. in the Washington. DC.
metropolitan area telephone (703) 920-
9810
For information on specific aspects of
this rulemaking and regulatory decision,
contact Ms. Ra|ni D. Joglekar (202) 260-
3516 or Ms. Eydie Pines (202) 260-3309,
U S. EPA. 401 M Street. SW.
Washington, DC 20460.
SUPPLEMENTARY INFORMATION: The
ccr.tents of today's notice are listed in
the fallowing outline:
I Authority
11 Background
A. Regulation as a Hazardous Waste
B Used Oil Recycling Act (UORA)
C Hazardous and Solid Was:e
Amendments (HSWA)
D November 19.1986. Decision Not to List
Used Oil
E Recent Agency Activities
F September 1991 Supplemen'.al Notice
C Development of Comprehensive Market-
Based Used Oil Recycling Program
III Summary of Comments Relating to Final
Rule
A Listing Used Oil: Summary of Major
198S 4 1991 Comments
B Oil Filters- Summary of Ma|or 1985 ft
1991 Comments
IV Final Listing Determination
A. General
B. No List Determination for Used Oil
Destined for Disposal
1 Toxicity of Used Oil
2 Regulations Governing the Plausible
Mismanagement of Used Oil Destined for
Diiposal
a Overview of RCRA Subtitle C
regulations applicable to used oil
destined for disposal
b Applicability of RCRA Subtitle I
regulations to used oil destined for
disposal
c Applicability of RCRA Subtitle D
regulations to used oil destined Tor
disposal
d. CERCLA reportable quantities (RQs) and
jeed oil destined for disposal
e Toxic Substances Control Act
regulations and jsed oil destined for
disposal
f Clean Water Act regulations and used oil
destned for disposal
g Safe Drinking Water Act regu'aiions and
jsed oil destined for disposal
h Coast Guard regulations and used oil
destined for disposal
i Department of Transportation regulations
and used oil destined fcr disposal
I Summary of no list decision for used oil
destined for disposal
C Response to Maior Comments
V Used Oil Kilter Exemption
A Agency's Decision
B. Response to M
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Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1992 / Rules and Regulations 21525
waste oil exhibiting one of the
rharaclenstics of. hazardous waste
•nitabilily, conosivity, reactivity, and
xicity) that wes disposed, or
accumulated, stored or treated prior to
disposal, became regulated as a
hazardous waste subject to all
applicable Subtitle C regulations
B Used Oil Recycling Act (UORA)
In an effort to encourage the recycling
of used oil. and in recognition of the
potential hazards posed by its
mismanagement, Congress passed the
Used Oil Recycling Act (UORA) on
October 15.1980 (Pub. L. 96-463). UORA
defined used oil as "any oil which has
been refined from crude oil. used, and as
a result of such use. contaminated by
physical or chemical impurities." Among
other provisions, UORA required the
Agency to make a determination as to
the hazardousness of used oil and report
the findings to Congress with a detailed
statement of the data and other
information upon which the
determination was based. In addition.
the Agency was to establish
performance standards and other
requirements under section 7 of UORA
as "may be necessary to protect the
public health and the environment from
hazards associated with recycled oil" as
long as such regulations "do not
'iscourage the recovery or recycling of
>ed oil." These statutory provisions
originally were added as section 3012 of
RCRA by the UORA and subsequently
were amended and redesignated as
section 3014 of RCRA under the
Hazardous and Solid Waste
Amendments of 1984.
In January 1981. EPA submitted to
Congress the used oil report mandated
by section B of the UORA.' In the report.
EPA indicated its intention to tist both
used oil and unused waste oil as
hazardous under section 3001 of RCRA
based on the presence of a number of
toxicants in crude or refined oil (eg.
benzene, naphthalene, and phenols), as
well as the presence of contaminants in
used oil as a result of use (e.g. lead.
chromium, and cadmium). In addition.
the report cited the environmental and
human health threats posed by these
used oils and unused waste oils.
including the potential threat of
rendering ground water non-potable
through contamination.
C. Hazardous and Solid IVasle
Amendments (HSIVA)
On November & 1984. the Hazardous
and Solid Waste Amendments (HSWA)
to RCRA were signed into law. In
addition to many other requirements.
HSWA reemphastzed that the protection
of human health and the environment
was to be of primary concern in the
regulation of hazardous waste. Specific
to used oil the Administrator was
required to "promulgate regulation ' * *
as may be necessary to protect human
health and (he environment from
hazards associated with recycled oil. In
developing such regulations, the
Administrator shall conduct an analysis
of the economic impact of the
regulations on the oil recycling industry
The Administrator shall ensure that
such regulations do not discourage the
recovery or recycling of used oil
consistent with the protection of human
health and the environment." (Emphasis
added to highlight HSWA language
amending RCRA t 3014(a) (see section
242. Pub. L 08-016).)
HSWA required EPA to propose
whether to identify or list used
automobile and truck crankcase oil by
November 8.1985. and to make a final
determination as lo whether to identify
or list any or all used oils by November
8.1988. On November 29.1985 (50 FR
49258], EPA proposed to list all used oils
as hazardous waste, including
petroleum-derived and synthetic oils.
based on the presence of toxic
constituents at levels of concern during
and after use. Also on November 29,
1985, the Agency proposed management
standards for recycled used oil (50 FR
49212) and issued final regulations.
incorporated at 40 CFR part 288. subpart
E. prohibiting the burning of off-
specification used oil fuels * in non-
industrial boilers and furnaces (50 FR
49184) Marketers of used oil fuel and
industrial burners of off-specification
fuel are required to notify EPA of their
activities and to comply with certain
administrative requirements. Used oils
that meet the used oil fuel specification
are exempt from most of the 40 CFR part
266. subpart E regulations.
On March 10. I960 (51 FR 8208). the
Agency published a supplemental notice
requesting comments on additional
aspects of the proposed listing of used
oil as hazardous. In particular.
commenters to the November 29.1985.
proposal suggested that EPA consider a
regulatory option of only listing used oil
as a hazardous waste when disposed
while promulgating special management
standards for used oil that is recycled
' Report lo Congress Utiing of Watte Oil ai •
K.
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21526 Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1992 / Rules and Regulations
rule, and the many comments received
on the proposed rule. Those comments
indicated numerous concerns with the
proposed listing approach. One of the
most frequent concerns voiced by
commenters was related to the quality
and "representativeness" of the data
used by EPA to characterize used oils in
1985 Numerous commenters indicated
that "their oils" were not represented by
the data and. if they were represented.
those oils were characterized after being
mixed with other more contaminated
oils or with other hazardous wastes.
Many commenters submitted data
demonstrating that the used oils they
generate, particularly industrial used
oils, did not contain high levels of
toxicants of concern.
In addition, the Agency recognized
that much of the information in the 1985
used oil composition data is several
years old, as most of the information
was collected prior to 1985. Since the
time of that data gathering effort, the
composition of used automotive oil may
have been affected by the phase-down
of lead in gasoline. The Agency also
recognized the need to collect analytical
data addressing specific classes of used
oils as collected and stored at the point
of generation (/ e. at the generator's
facility).
Finally, the toxicity characteristic
extraction procedure (EP) (45 FR 33119.
May 19.1980) identified certain used oils
as hazardous. Due to the possibility of
changes in used oil composition
described above and promulgation of
the new toxicity characteristic (TC) rule
(55 FR 11798. March 29.1990). the
Agency recognized that additional data
to characterize the toxicity of used oil
was needed pnor to making a final
hazardous waste listing determination.
F September 1991 Supplemental Notice
On September 23.1991. EPA published
a Supplemental Notice of Proposed
Rulemakmg (56 FR 48000). The 1991
Supplemental Notice presented
supplemental information gathered by
EPA and provided to EPA by individuals
commenting on previous notices on the
listing of used oil and used oil
management standards. As discussed
above, numerous commenters on the
1985 proposal to list used oil as a
hazardous waste contended that the
broad listing of all used oils would
unfairly sub)ect them to stringent
regulation because their used oils are
not hazardous. Baaed on those
comments, the Agency has collected a
variety of additional information
regarding various t> pes of used oil. the
management of these used oils, and the
potential health and environmental
effects posed when these used oils are
mismanaged. The 1991 Supplemental
Notice presented this new information
to the public and requested comment on
the information, particularly on the issue
of whether and how the information
suggests new concerns that EPA should
consider in deciding whether to finalize
all or part of its 1985 proposal to list
used oil as a hazardous waste.
In addition, the 1991 Supplemental
Notice expanded upon the November 29,
1985. proposal (50 FR 49258) to list used
oils as hazardous and a March 10,1986,
Supplemental Notice (51 FR 8206) by
discussing regulatory alternatives not
previously presented in the Federal
Register. Based on the public comments
received relative to these two notices.
the Agency investigated several
important aspects of used oil regulation.
For these aspects, the Agency identified
alternative approaches that were not
presented explicitly in the earlier
notices. Those alternatives were
presented in the 1991 Supplemental
Notice.
The 1991 Supplemental Notice also
discussed the Agency's proposal to
amend 40 CFR 261.32 by adding four
waste streams from the processing and
re-refining of used oil to the list of
hazardous wastes from specific sources.
The Agency noted its intention to
include these residuals in the definition
of used oil in its November 29.1985.
proposal to list used oil as hazardous.
The wastes from the processing and re-
refining of used oil. which are more fully
described later, include process
residuals from the gravitational or
mechanical separation of solids, water.
and oil: spent polishing media used to
finish used oil: distillation bottoms: and
treatment residues from primary
wastewater treatment.
The 1991 Supplemental Notice also
included a description of several
approaches the Agency was considering
for the used oil management standards
(in addition to. or in place of. those
proposed in 1985).
C Development of Comprehensive
Market-Based Used Oil Recycling
Program
In developing management standards.
EPA's efforts will be focused on
avoiding any damage to existing
recycling markets for used oil consistent
with protection of human health and the
environment. At the same time.
however, the Agency is interested in
obtaining the optimal level of used oil
recycling. In the Agency's 1991
Supplemental Notice. EPA identified
several innovative market-based
approaches that it was considering in
the process of developing a used oil
management program that would be
based on a melding of its authorities
under RCRA and the Toxic Substances
Control Act (TSCA).
EPA has devoted considerable
resources toward the development of
alternative market-based management
programs. The Agency's preliminary
examination indicates that there are
important linkages between possible
section 3014 management standards and
the design of alternative incentive
systems In general, management
standards that impose significant costs
on used oil handlers may hamper the
effectiveness of market-based programs
because they discourage recycling and
create unintended opportunities for
fraud. Furthermore, management
standards that are compatible with a
particular market-based program (or no
program at all) may be incompatible
with other plausible alternative
programs. The Agency believes that the
success of any market-based program
could be significantly affected by the
design of incentive-compatible
management standards.
Accordingly, when EPA issues its
rulemaking on recycled used oil. it will
address the issue of market based
approaches. In doing so. the Agency will
consider how market-based approaches
to used oil recycling can complement
management standards, promote
environmentally responsive behavior
and minimize compliance costs.
ill. Summary of Comments Relating to
Final Rule
A. Listing Used Oil: Summary of Major
1985 & 1991 Comments-
Many comments were received on the
vanous aspects of the proposed listing
of used oil. Most commenters opposed
the listing of used oil as a hazardous
waste. The reasons given included that
EPA's sampling was unrepresentative
and flawed, that used oil is no more
hazardous than virgin oil. and the belief
that the levels of constituents EPA found
in used oils do not present a threat to
human health. A large number of
commenters challenged the scope of the
listing and provided a number of
examples where certain used oils should
not be included in the listing because
they do not contain the hazardous
constituents of concern a*
concentrations exceeding health-based
levels that would cause the used oil to
be listed.
On November 29.1985 (50 FR 49239).
EPA proposed to list all used oils as
hazardous waste, including petroleum-
denved and synthetic oils, based on the
presence of toxic constituents at levels
of concern as a result of use or
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Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1992 / Rules and Regulations
21527
adulteration after use A sampling and
unalysis effort was undertaken by EPA
1989 and 1990 to characterize specific
tegones of used oil to determine
whether these used oils were hazardous
at the point of generation. EPA's study
was undertaken to address comments
received in response to the November
1985 proposal to list all used oils
wherein commenten claimed that
certain types of used oil were not
hazardous at the point of generation but
rather were adulterated subsequent to
use.
A number of commenters responded
that "their" oil (such as electrical
insulating or metalworking oil) did not
contain toxic constituents of concerns.
as demonstrated by EPA's own data.
and therefore, should not be listed as
hazardous waste. Other commenters
stated that used oil containing toxic
constituents would be adequately
regulated by the existing characteristics
framework, such as the TC. These
commenters believed that used oil
exhibiting the TC and destined for
disposal would be regulated as
hazardous waste, while used oil not
exhibiting the TC should not be
regulated under any circumstances.
Some commenters proposed that only
those used oils that contain certain toxic
-onstituents. such as lead, arsenic.
•dmium. chromium. 1.1.1-
ichloroethane. tncholorethylene.
tetrachloroethylene. toluene, and
naphthalene, should be included in the
listing One commenter indicated that
storage tank data rather than point of
generation data should be used to make
a listing determination since most of the
used oil management occurs after
storage Some commenters asserted that
EPA's concern is not with used oil itself
but the mixing of used oil with other
constituents that may render the used
oil hazardous only because of post-use
adulteration. Therefore, instead of
listing all used oils, commenters
recommended that EPA should list used
oils as hazardous only if other
substances have been added after the
oil s initial use.
The Supplemental Notice of
September 23.1991 (56 FR 448041).
presented three options for identifying
used oil as a hazardous waste. Option
One was to list all used oils as proposed
on November 29. 1985 (50 FR 49239)
Option Two was to list categories of
used oil that were found to be "typically
and frequently" hazardous because of
the presence of lead, polyaromatic
> drocarbons (PAHs). arsenic.
admium. chromium, and benzene
Option Three was to not list used oils as
hazardous, but rely on management
standards developed under RCRA
{ 3014 to control mismanagement of
used oil. The commentera
overwhelmingly supported Option
Three not to list used oil as a hazardous
waste, but rely on management
standards.
A few commentera stated that as a
result of EPA's program to phase down
lead in gasoline, lead concentations in
used oil have declined. In addition.
some commentera claimed that EPA's
analyses of used oil were baaed on too
few samples and that these samples
were unrepresentative of actual
conditions. Some commentera expressed
a reluctance to have EPA list used oil as
a hazardous waste, but urged EPA. if
used oil is to be listed, to list only those
used oils that are disposed and not list
used oils that are recycled.
A few commentera supported the
proposal to list all used oils as
hazardous waste. They stated that used
oil has been historically mismanaged
and presents a threat to human health
and the environment
B. Oil Filters. Summary of Major 1985
and 1991 Comments
Many comments were received on the
various issues raised by EPA concerning
used oil filters. In response to the
November 1985 proposal to list all used
oil as hazardous waste. EPA received
many comments on the effect of such a
bsting on used oil filters. Commenters to
the 1985 rule stated that used oil filters
would contain used oil and. thus, would
be classified as hazardous waste under
the mixture rule at 40 CFR
261.3(a)(2)(iv) Further, commentera
staled that due to the weight of used oil
filters, small service stations and
automobile repair shops would exceed
the conditionally exempt small quantity
generator defintion because they would
generate greater than 100 kg of
hazardous waste in a calendar month
Commenters suggested that EPA
exclude used oil filters from the
definition of hazardous waste. Many
suggested that EPA require that used oil
filters be drained prior to disposal and
pass the "Paint Filter Test" (SW-B46
Method 9095) to qualify for such an
exclusion.
A few commenters on the 1985
proposal expressed concern with any
exclusion from the definition of
hazardous waste for used oil filters
These commenters stated that used oil
filters, particularly large filters, could
contain significant quantities of oil
Further, these commenters pointed out
that Contaminants and toxic
constitutents may be concentrated in oil
filters The commenters suggested that
EPA conduct additional studies on the
environmental and human health risks
associated with the disposal of used oil
filters
In September 1991. EPA proposed to
exempt used oil filters from the
definition of hazardous waste if the
filter has been crushed or drained. Thus.
such filters would not have to be
managed as a hazardous waste, even if
individual filters exhibited a hazardous
characteristic.
Most of the commentera supported
EPA's proposal to exclude from the
definition of hazardous waste (40 CFR
281.40))) used oil filters that have been
drained and crushed. Commenten to the
September 23.1991 proposal raised the
following two concerns regarding the
proposed exemption:
1. Draining and crushing are not the
only acceptable technologies for
removing used oil from filters and may
not be the best technologies.
2 Used oil filters do not exhibit the
toxicity characteristic and should be
exempt from Subtitle C regulation.
Some commenten suggested that
draining used oil filters for 24 hours was
sufficient and that after this time period.
crushing was not necessary. This
position was supported by some
commentera that indicated that the cost
of a crusher ranges from $1.000 to
$10.000. which could be prohibitive for
smaller service stations. One commenter
submitted data on 31 used oil filters
from trucks using gasoline (5 filters) and
diesel (28 filters), which had been
gravity drained for four to twenty hours
The data indicate that none of the filters
exhibited the TC.
Those commentera that did not
support the exclusion stated that oil
filters can contain significant quantities
of used oil that draining alone will not
remove. The commentera disagreed as
to what constitutes proper "draining and
crushing." Commentera disagreed as to
what constitutes adequate draining and
whether crushing should be done in
addition to draining. Some commenters
requested that the Agency develop
specifications for crushing. Other
commentera stated that draining alone is
not sufficient but should be followed by
crushing/dismantling and followed by
recycling. Their rationale was that even
after draining, filters contain 3 to 4
ounces of used oil and thus. 12 million
gallons of used oil would be disposed of
in Subtitle D landfills annually. Those
commenters that did not support a
blanket exclusion for used oil filters
generally stated that the generator
should test the filter with the TCLP
Based on the results of the test, the
generator should handle the filters
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21528 Federal Register / Vol. 57. No. 98 / Wedne May 20. 1992 / Rules and Regulations
accordingly, unless the filter will be
reclaimed.
IV. Final Listing Determination
A. Genera!
EPA regulations, based on RCRA
sections 1004(5) and 3001, at 40 CFR
261.11 set forth the technical criteria to
determine whether a solid waste should
be listed as a hazardous waste. EPA
used the technical criteria in 40 CFR
261.11 (a]{l) and (a)(3) in making today's
used oil listing determinations.
Subsection (a)(l) of 40 CFR 261.11
allows the Administrator to list a waste
as hazardous if the waste exhibits any
of the characteristics of hazardous
waste. According to 40 CFR 261.11(a)(3).
a waste shall be listed as hazardous if it
"contains any of the toxic constituents
listed in appendix Vin and. after
considering the following factors, the
Administrator concludes that the waste
is capable of posing a substantial
present or potential hazard to human
health or the environment when
improperly treated, stored, transported
or disposed of. or otherwise managed.
The factors to be considered in
making this determination include
toxiciry, fate and transport, mobility and
persistence, and bioaccumulation
potential of the constituents in the
waste, as well as plausible
mismanagement scenarios (40 CFR
261.11(a}(3)(vii)) and other federal and
state regulatory actions with respect to
the waste (40 CFR 201.ll(a)(3)(x)).
In making a listing determination for
used oil destined for disposal EPA gave
considerable attention to the current
federal regulations governing used oils.
EPA evaluated the technical criteria for
listing in tight of the current regulatory
structure controlling the management of
used oils and concluded that any
plausible mismanagement of used of]
that is destined for disposal Is
addressed by current requirements.
As implied in Option Three of 1991
Supplemental Notice, EPA preserved its
ability to maintain the status quo if the
Agency's analysis of existing regulations
showed thai actions have been taken to
control the mismanagement of used od.
EPA finds that the current regulatory
structure controlling the management of
used oil destined for disposal provides
adequate controls so that used oil will
not pose a substantial threat to human
health or the environment
Current regulations governing the
management of used oils destined for
disposal include: Those of EPA and the
U.S. Coast Guard for oil discharges into
navigable waters: US. Department of
Transportation requirements: EPA
regulations for poly chlorinated
biphenyla (PCBs) under the Toxic
Substances Control Act, hazardous
waste characteristics applying to used
oil that is disposed under RCRA.
underground storage tank requirements
(UST) under RCRA: Underground
Injection Control (U1C) permits under
the Safe Drinking Water Act: Spill
Prevention, Control and
Countermeasures (SPCC] plana and
National Pollutant Discharge
Elimination System (NPDES) storm
water regulations under the Clean
Water Act: and the phase down of lead
in gasoline under the Clean Air Act. In
combination, application of these
controls imposed by EPA and other
federal agencies prevent the
mismanagement of used oil to such an
extent that used oil destined for disposal
is unlikely to pose a substantial present
or potential hazard to human health and
the environment
EPA also recognizes that several
states regulate used oil as a hazardous
waste, and some states regulate It as a
special waste. Several states ban the
disposal of used oil in municipal solid
waste landfills (MSWLFs). A used oil
handler must comply with all state
requirements applicable to used oil in
his/her state, in addition to any Federal
requirements that apply.
B. No List Determination for Used Oil
Destined for Disposal
In making the no list determination for
used oil that is destined for disposal.
EPA used the technical criteria
discussed in Section IV A.
LToxicityofUsedOil
In the 1991 Supplemental Notice. EPA
proposed to expand the basis for listing
gasoline-powered engine crankcase
used oil to reflect the presence of three
toxic polynuclear aromatic
hydrocarbons (PAHs): Benzo(a]pyrene.
benzo(b)fluoranthene, and
benzo(k)fluoranthene. EPA baaed this
expansion on the analysis of two
samples of automotive crankcase used
oil analyzed for benzo(k)fluoranthene
and four samples of automotive
crankcase used oil analyzed for
benzo(a)pyrene and
benzo(b)fluoranthene. With respect to
the presence of PAHs in used oil. EPA
believes that the current regulatory
structure can control the
mismanagement of recycled used oil
containing toxic PAHs.
Based on the 1089/90 sampling and
analysis effort the Agency tentatively
determined that a high proportion of
used oils from gasoline-powered engine
exhibited the TC for lead and benzene.
Other categories of used oil did not
exhibit the TC in such a high proportion
and. in fact, did not meet the criteria for
listing since they did not contain
constituents of concern (constituents of
the TC) at levels that could pose a risk
to human health and the environment.
The phase down of lead In gasoline
under the Clean Air Act has resulted in
subsequent reduction in lead
concentrations in used oil. In addition,
in accordance with the Clean Air
Amendments, additional phase downs
are scheduled to occur, thus further
reducing the lead concentration. The
lowered lead concentrations in used oil
reduce the potential for harm to human
health and the environment from
mismanagement.
2. Regulations Governing the Plausible
Mismanagement of Used Oil Destined
for Disposal
Regulatory programs currently in
place control used oil generators.
transporters, collectors and recyclers.
Since 1985, EPA has promulgated
several regulatory programs that
directly affect the management of used
oil destined for disposal [e.g.. the TC,
the UST program, the MSWLF rule, the
NPDES Storm Water program, and the
Land Disposal Restrictions (LDRs). Also,
several other regulatory programs that
were in place even prior to 1985
continue to control some used oil
management practices (e.g., U.S.
Department of Transportation (DOT)
shipping and handling requirements).
After assessing the extent and potential
success of current regulatory programs
and their effect on the disposal of used
oil. the Agency believes that the existing
network of regulations provides
protection from plausible disposal
mismanagement scenarios, as discussed
below.
a. Overview of RCRA subtitle C
regulations applicable to used oil
destined for disposal. Used oils
exhibiting one or more of the
characteristics of hazardous waste and
which are destined for disposal continue
to be regulated as hazardous wastes in
accordance with all applicable subtitle
C regulations, except when stored In
RCRA subtitle I underground storage
tanks as discussed In subsection b. of
this section. Mixtures of used oils and
listed hazardous wastes are listed
hazardous wastes, and used oil mixed
with a characteristic hazardous waste
must be managed as a hazardous waste
if it still exhibits a characteristic.' Such
• ll ihould b* nottd lhi( mixing chinctnwtfc
huaidoui wute with uothar mituul to render
the waite nonhaurdooi constitute* Mittenf of
huardoiu «•«!• nibfect la ippUuM* lUndaidi
under 40 CFH put! 2M-2A6 ud HO. ind the
Caiunind
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Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1992 / Rules and Regulations 21529
mixtures must be managed in
Accordance with all applicable subtitle
regulations. Those generators
dentified in 40 CFR 262.34* and s'.orcrs
of hazardous used oil destined for
disposal are subject to the tank sjstem
requirements at subpart I of parts 264
and 265. Used oils are also subject to the
corrective action requirements of RCRA
subtitle C. including sections 3004(u) and
3008(h). which apply to solid waste
management units at RCRA treatment.
storage, or disposal facilities
Further, if used oil exhibits a
characteristic of hazardous waste and is
destined for disposal, facilities that store
such used oil are subject to the lank
system requirements at 40 CFR parts 264
or 265. subparts ]. These requirements
are designed to prevent ground water
contamination and other releases to the
environment and include requirements
for daily inspection, lank integrity, and
secondary containment. If used oil
destined for disposal exhibiting a
characteristic of hazardous waste is
stored for greater than 90 days, the
facility must be permitted under RCRA
as a hazardous waste storage facility.
It is important to nole that used oils
exhibiting the characteristic of EP
tcxicity (pnor to its revision) currently
are prohibited from land disposal unless
they meet the applicable treatment
tandards. Treatment standards for
hese wastes were promulgated with the
Third Third nilemaking on June 1.1990
(55 FR 22520). Used oils exhibiting the
new TC. but not the characteristic of EP
toxicity are not currently prohibited
from land disposal, even if the
constituent causing the waste to exhibit
the TC is also controlled by the EP. LDR
treatment standards for the newly
identified TC wastes (including the 26
newly listed organic constituents) are
scheduled to be promulgated by April
1993 Used oil which is mixed with a
listed hazardous waste must meet the
LDR standard for the listed waste.
b Applicability of RCRA subtitle I
regulations to used oil destined for
disposal. For USTs located at permitted
hazardous waste facilities subject to
section 3004(u) of RCRA. the subtitle C
corrective action statutory authorities
supersede subtitle I corrective action
requirements to avoid overlap in
regulatory authority (see 40 CFR 28060]
For facilities without a final HSWA
permit, subtitle 1 corrective action
r.o> fication requirement! of lection 3010 of RCRA
Fo- example mixing ipcni mineral spirits uwd ai a
solver,! (exhibiting the characteristic of igmtabiliu
jr toncityl with used oil lo render Ike mineral
ipinii nonhazardout commute* treatment
1 Th'i regulation idtntifiet regulated generator)
b> quantity of «k»te generated duration of lime
accumulated.
standards will apply to releases from all
petroleum and hazardous substance
L'STa UST corrective actions underway
at a facility having interim status under
RCRA subtitle C may be subject to
review by permit writers during the
development of the final HSWA permit.
These ongoing corrective action
activities may be incorporated into the
facility's final RCRA permit (53 FR
37176).
As discussed in the September 1991
supplemental proposal, EPA presumes
that used oil stored In underground
storage tanks is destined for recycling
and currently exempt from subtitle C (40
CFR 261.6(a)(3)(iii)): thus such tanks are
subject to subtitle I. The Agency
continues to believe that the subtitle I
standards are sufficient to protect
human health and the environment from
the potential releases of used oil from
USTs In conclusion, the Agency
continues to view subtitle I as
applicable to used oil. with the
exceptions noted in the preceding
paragraph where RCRA subtitle C
authority is in place.
c. Applicability of RCRA subtitle D
regulations to used oil destined for
disposal. Nonhazardous used oil may be
disposed of in an industrial solid waste
landfill or a MSWLF. EPA recently
promulgated final disposal criteria for
MSWLFs (October 9.1991. 56 FR 50978).
The revised criteria were promulgated at
40 CFR part 258 and included location
restrictions, faciltiy design and
operating criteria, ground-water
monitoring requirements, corrective
action requirements, financial assurance
requirements, and closure and post-
closure care requirements, in addition.
many slates have design and operating
requirements governing industrial non-
hazardous waste landfills.
d. CERCLA reportage quantities
(RQs) and used oil destined from
disposal. Any waste identified as a
hazardous waste (either by listing or by
characteristic) under RCRA generally
becomes a hazardous substance under
CERCLA. Such designation subjects the
hazardous waste to the section 103
reporting requirements for releases
equal to or exceeding the assigned
reportable quantity (RQ) of that
hazardous substance In addition,
constituents in the used oil that are not
defined as hazardous waste under
RCRA may be designated hazardous
substances under CERCLA (see 40 CFR
part 302] Therefore, in accordance with
{ 302.6(b) concerning mixtures or
solutions, immediate notification is
required when an RQ or more of any of
the hazardous substances are released
e Toxic Substances Control Act
regulations and used oil destined for
disposal Section 6(e) of the Toxic
Substances Control Act (TSCA)
mandates that EPA control the
manufacture (including import), use.
processing, distribution in commerce.
and disposal of PCBs. Because of the
potential hazards posed by the
uncontrolled use and disposal of PCBs.
EPA has established a comprehensive
program to control PCBs from
manufacture to disposal. A primary use
of PCBs. a viscous oiJ, was as an
insulating material for electrical
equipment (dielectric). PCBs were
almost always mixed with mineral oil.
silicons, or other oily materials when
used as insulating material. TSCA
regulations prohibit the use of waste oils
(including used oils) containing PCBs for
dust suppression. Prohibited uses
include, but are not limited to. use in
road oiling, use in general dust control.
use as a pesticide or herbicide earner.
and use as a rust preventative on pipes
(40 CFR 761.20(d)). Used oil applied for
dust suppression must meet the
requirements of both RCRA and TSCA.'
Further, a release of 1 pound of PCBs
into the environment must be reported
immediately to the National Response
Center in accordance with section 103(c)
of CERCLA. Further, under the TSCA
PCB Spill Cleanup Policy, any spill of
material containing 50 ppm or greater
PCBs into sewers, drinking water,
surface water, grazing lands, or
vegetable gardens must be reported
immediately (40 CFR part 761, subpart
C). If a used oil contains PCBs. the most
stringent applicable reporting
requirement must be followed.
/ Clean Water Act regualtions and
used oil destined for disposal. In
addition to the UST requirements
discussed above, the storage of used oil
at many petroleum-related storage
facilities is subject to SPCC regulations •
Under section 311(j)(i)(c) of the Clean
Water Act. EPA established the SPCC
program (38 FR 34185. December 11.
1973) to protect surface waters and
adjoining shorelines from petroleum and
' Congnat banned the use of my hazardous
waste aa a dual luppraaaant under RCRA I 3004(11
Therefore. •• noted above, any uaed oil that
exhibit! one or more of the charactenauci (other
than the eharactenalic of Igjutabilitv | of haurdoui
wane it banned from uie aa • dual tuppretaanl
1 The SPCC ragulaliona (40 CFR 112) currently
apply lo on-ihora and off-there non-trinjportinon
related facililiea that have the potential to discharge
oil into navigable waterway! and have underground
norage tank capacibea greater than 42.000 gallon!
oratxneground itorage tank capaciliei of more
lhan MO gallon* in a tingle tank or an aggregate of
greater than 1.330 gallon*.
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21530 Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1992 / Rules and Regulations
other oil contamination.' Facilities
subject to the regulations each prepare
and maintain an SPCC plan, which
includes provisions for appropriate
containment or diversionary structures
to pre\ ent discharged oil from reaching
surface wa'srs and adioining shorelines.
A major goal of the SPCC plan is to
ensure that SPCC-regulated storage
tanks and storage areas are designed to
protect against releases of petroleum
and other oils to navigable waters and
adjoining shorelines. "Oil", when used
in relation to Section 311 of the Federal
Water Pollution Control Act. means oil
of any kind or in any form, including,
but not limited to. petroleum, fuel oil.
sludge, oil refuse, and oil mixed with
wastes other than dredged spoil.
Concerning used oil. releases of oil to
navigable waters that (1) cause a sheen
tc appear on the surface. (2) violate
applicable water quality standards, or
(3) cause a sludge or emulsion to be
desposited beneath the surface of the
water or upon ad)oining shorelines, are
reportable under 40 CFR Part 110. EPA
believes that a significant number of
used oil storage facilities will store used
oil in tanks or containers prior to
disposal. The Agency also believes thai
the SPCC requirements are designed to
provide a sufficient level of protection to
human health and the environment from
potential releases of used oil to
navigable water and adjoining
shorelines.
Used oil generators, storage, and
disposal facilities may be subject to the
storm water regulations (55 FR 47990.
November 18. 1990) promulgated under
the Clean Water Act. The NPDES storm
Mater regulations at 40 CFR 122 26
provide an additional layer of
en\ ironnenlal protection against used
oil disposal by industrial facilities at
locarions v.here runoff due to storm
even's results in releases of used oil-
contaminated runoff to waters of the
United States. Under these regulations.
facilities with point source dischargps of
"storm water associated with industrial
ac'iv ity" (o the waters of the United
States, including discharges through
munic.p.il separate storm sewer systems
that ultimately reach the waters of the
United States, must apply for a National
Pollution Discharge Elimination System
(NPDES) permit. "Storm water discharge
associated with industrial activity" is
• On October 22.1901 [M ID M612). EPA
propoied revision la the 40 CFR pill 112
requirement! The proposed rule addreitea •
number of iiwei including the mandatory nature of
moil of ihe requirement*, the required procedure!
lor completion of SPCC Plan*, ind the addition of •
facility notification pravnion II adopted. UMM
changei would improve the SPCC program i control
of poient.al rrleaiei of uied oil.
denned to Include runoff, snowmell
runoff, and surface water runoff that is
discharged and is directly related to
manufacturing, processing, or raw
materials storage at an industrial facility
(40 CFR 122.2B(b)(14)).
The storm water regulations
specifically apply to active and inactive
landfills, land application unit?, and
open dumps that receive or have
received any industrial wastes (i e.
waste from any of the categones of
facilities identified under 40 CFR
122.26(b)(14] (i] to (xi)). The storm water
regulations apply to those facilities that
are subject to both subtitles C and D of
RCRA. Commercial or retail outlets such
as service stations or quick lube shops
are currently excluded from CWA
permit requirements unless EPA or a
State designates a particular facility for
permitting under section 402[p)(2)(E) of
the Clean Water Act.
g. Safe Drinking Water Act
regulations and used oil destined for
disposal. The Underground Injection
Control (U1C) regulations at 40 CFR
parts 144 through 148 were promulgated
pursuant to part C of the Safe Drinking
Water Act and. to the extent that the
regulations address hazardous waste,
RCRA. The UIC program regulates the
underground infection of all fluids
through wells. Under 40 CFR 144.12. "No
owner or operator shall construct.
operate, maintain, convert, plug,
abandon, or conduct any injection
activity in a manner that allows the
movement of any fluid containing any
contaminant into underground sources
of drinking water, if the presence of that
contaminant may cause a violation of
any primary drinking water regulation
under 40 CFR part 142 or may otherwise
adversely affect the health of persons."
While EPA believes it is unlikely, and
not practical technically, for large
volumes of used oil to be disposed into
injection wells, there are cases where
used oil may be mixed with other fluids
(i.e.. wastewaters or oil and gas
exploration and production wastes) and
injected into UIC wells. If the presence
of used oil or any constituent causes the
injected fluid lo be hazardous, any well
injecting below an underground source
of drinking water (USDW) must be
permitted for hazardous waste injection.
Any other well injecting a hazardous
waste into or above a USDW is banned.
and must be properly plugged and
abandoned.
Finally, as a further measure of
protection, under 40 CFR part 148 the
injection of hazardous wastes for which
LDR treatment standards have been
promulgated is prohibited unless Ihe
waste has been treated to meet the
applicable standards In 40 CFR part 268
or an exemption has been granted based
on A petition submitted under 40 CFR
pait 119. subpart C.
b. Coast Guard regulations and used
cil destined for disposal. Releases of
used oil to navigable waters and
shipboard management of used oil are
governed by Coast Guard regulations
promulgated pursuant to MARPOL "3/
76.ld Of primary importance to used oil
is the regulation of bilge slop generated
on-board ships. Bilge slop is a residual
liquid that collects through leakage.
seepage, or drainage in the holds of
ships and consists primarily of water
mixed with a small amount of oil. The
regulations prohibit the unrestricted
discharge of oil or oily mixtures into the
sea «nd require that ships either retain
bilge slop on board or separate the oil
and water and retain the oil on board
until the slop and oil can be discharged
at a licensed shoie side reception
facility Ships more than 12 nautical
miles from land may only discharge oil
or oily mixtures where the undiluted oil
concentration is less than 100 ppm,
provided the ship is not located in an
ecologically sensitive area. Ships within
12 nautical miles of land may not
discharge oil or oily mixtures unless the
undiluted oil concentration is less than
15 ppm. The regulations also address the
on shore management of bilge water at
port reception facilities.
i. Department of Transportation
regulations and used oil destined fa
d.spcsal. The U.S. Department of
Transportation (DOT] regulates the
transportation of hazardous materials in
commerce under the authority of the
Hazardous Materials Transportation
Act (KMTA) (49 CFR parts 171 to 179).
Used oil is classified as a hazardous
material if it mp jts the definition of
combustible liquid [flash point below
200 *F. but equal to or greater than 100
*F) or flammable liquid (flash point
below 100 *F). Used oil generators
(shippers} and transporters of DOT
hazardous materials have to comply
with any and all applicable DOT
regulations for identification and
classification, packaging, marking.
10 In 1973. the International Conference on
Marine Pollution adopted ihe International
Convention for the Prevention of Pollution by Shipa.
1973 Thil Convention wai lutnaquenlly modified
by the Protocol of 1978. adopted by Ihe International
Conference on Tanker Safety and Pollution
Prevention. The 1973 Convention, aa modified by
the 1978 protocol. It known aa MARPOL 73/78.
MARPOL 73/78 la an international agreement
deugned to addma Ihe problem of marine pollution
from thipa on • global Kale It contain! five
Annexe*, each of which addrewe* a different type
of marine pollution. Annex I addrtaiaa oil pollution
and it currently in effect internationally
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Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1902 / Rules and Regulations 21531
labeling, and shipping papers. In
addition, used oil transporters (carriers)
have to comply with any and all
applicable DOT regulations for
placarding, use of shipping papers.
recordkeeping. reporting, and incident
response. Used oil that is a hazardous
waste and is destined for disposal is
subject to those DOT regulations
referenced at 40 CFR part 282. subpart
C.
/ Summary of no list decision for used
oil destined for disposal. For the reasons
discussed above. EPA believes that the
potential scenarios under which used oil
may be released to the environment are
adequately controlled under existing
regulations. According to current
estimates, a relatively small portion of
the used oil generated is disposed (60
million gallons compared to over 800
million gallons being recycled by
burning for energy recovery and re-
refining per year). Based on the existing
regulations. EPA determined that it was
not necessary to categorically list used
oil destined for disposal, but Instead will
rely on the comprehensive set of
existing regulatory controls, particularly
the hazardous waste characteristics.
Although the Agency proposed to list
certain used oils in the September 1991
supplemental proposal, most gasoline-
powered engine oils already exhibit the
TC. and listing these used oils would not
affect the way these used oils must be
managed. In other words, the existing
characteristics will adequately capture
hazardous used oils under Subtitle C
without a hazardous waste listing. In
addition, EPA believes that the current
regulatory framework can control the
mismanagement of used oil containing
toxic PAHs destined for disposal.
Therefore. EPA has determined that
used oil from gasoline-powered engine
crankcases need not be listed as a
hazardous waste to ensure Its proper
management. As for other used oils, the
data collected in support of the 1991
supplemental notice continue* to
support the conclusion that such oils are
not typically and frequently hazardous.
Those oils which may pose a threat on
disposal are addressed by the current
regulatory framework. Including the
hazardous waste characteristics.
C. Response to Major Comments
Most commenters supported a no list
decision for used oil destined for
disposal, as existing regulations.
especially the TC rule, are adequately
protective. These comments were
summarized in section m.A, and
responses were incorporated in the
preceding preamble section. A small
number of commenters favored listing
all or some used oil destined for
disposal as hazardous waste. These
commenters cited past mismanagement
of used oil as a primary reason for the
necessity of a listing action. EPA
believes, however, that the
mismanagement incidents cited by EPA
in the September 1991 notice occurred
before implementation of major
rulemakings governing storage of used
oil. EPA believes, upon revaluation.
that the protective nature of these
regulations is sufficient to guard against
mismanagement of used oil until the
Agency isaues a hazardous waste listing
determination for recycled used oil or
promulgates additional management
standards under RCRA section 3014.
In light of the public comments
received regarding listing of gasoline-
powered engine crankcase oUs as
proposed in Option 2. EPA believes that
existing regulations prevent
mismanagement of these and other used
oils destined for disposal.
V. Used Oil Filter Exemption
A. Agency Decision
EPA is today finalizing the proposed
exemption for used oil niters at 40 CFR
281.4(b)(13) which Identifies solid
wastes that are not hazardous wastes.
Today's rule reduces the burden on
generators to make a hazardous waste
determination in a case where EPA has
sufficient data to provide a categorical
exemption. This exemption la limited to
non-terne-plated " used oil filters
which have been drained to remove
used oil. Teme-plated used oil filters are
not included in the exemption because
the teme plating makes the filter exhibit
the characteristic of toxicity for lead. Aa
a practical matter, if an oil filter is
picked up by hand or lifted by
machinery and used oil immediately
drips or runs from the filter, the filter
should not be considered to be drained.
Under current RCRA subtitle C
regulations, if a generator la intending to
dispose of a used oil filter, the generator
is required to determine whether the
used oil filter exhibits any of the
characteristics of hazardous waste. This
determination can be made either by
testing or by applying the generator's
knowledge of the waste or process that
generated the waste. EPA issued
guidance on this issue through a
memo '' which states that the TCLP can
be performed on oil filters by crushing.
gripping, or cutting the filter and its
contents until the pieces are smaller
than one centimeter and will pass
through a 9J mm standard sieve. If the
filter exhibits any of the characteristics
of hazardous waste, the generator must
manage It in accordance with subtitle C
requirements.
Oil filters are used in two categories
of vehicles, light duty and heavy duty.
Light duty vehicles Include automobiles,
passenger vans, and light duty trucks.
such as small pickup tracks. Heavy duty
oil vehicles Include bases and
commercial trucks, such aa dump trucks,
tractor-trailers, mining, or construction
vehicles. Oil filters may be classified
Into two broad categories of cartridge or
spin-on types." The Filter
Manufacturers Council (PMC)
conducted toxidty characteristics
testing on 35 light duty and 11 heavy
duty spin-on oil filters. Prior to the study
being undertaken. EPA reviewed FMCs
sampling and analysis methodology.
In the FMC study, the spin-on filters
were removed from engines at operating
temperatures and either the anti-drain
back valves or the filter dome end was
punctured. Then, the filters were
allowed to gravity drain for a 12-hour
period. According to FMC hot-draining
used oil filters for 12 hours is standard
industry practice. For spin-on oil filters
from light-duty vehicles, the study found
that none of the 35 filters exhibited the
TC. although lead, chromium, cadmium.
and benzene were detected. For spin-on
oil filters from heavy-duty vehicles, the
study determined that 5 of the 11 filters
exhibited the TC for lead. These were
also the five filters that wen terne-
plated. Teme, an alloy of lead and tin,
would account for the high
concentrations of lead found, 12.0-74 J
mg/l in the waste extract A blank
(unused) terne-plated oil filter had a
TCLP lead concentration of 30. mg/l.
The remaining six oil filters from heavy
duty vehicles did not exhibit the TC.
FMC later clarified their comments by
writing that it is not possible to identify
any categories of filters or of end uses of
filters (e.g.. by engine type, engine class.
end use application, filter size, visual
Inspection of filters, etc.) which
comprise exclusively teme-coated
filters.
A1990 study conducted by the Iowa
Waste Reduction Center at the
1' Tame w an aDoy of tin and lead.
" The memorandum, dated October 30.1980. li
from Sylvia Lowrance. Director of the Office of
Solid Weite. to Robert L Duprey. Director of At
Haiardoui Waite Management DiTliloo ta EPA
Region VOL and addreMM regulatory
detenrrinaHoni oa u»ed oil filter*.
1 • Cartridge Blten an typically a replaceable
pleated paper Otter media formed In a cylinder
around a perforated metal ontntube. Metal end
capa and nltrile rubber gremmeU are uted to
prevent How around the Biter media. Spin-on Bllan
are eaionttaUy cartridge Blten that are aaaeraUed
Into a Biter can or body.
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21532 Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1992 / Rules^and Regulations
University of Northern Iowa ihowed
that 44 percent to 55 percent of the used
oil could be removed through draining
and about 68 percent could be removed
through compaction. One commenter
demonstrated, through TCLP analysis.
that light-duty used automotive oil filters
from which used oil Is removed by
pressurized air are nonhazardous. As
much as 8 ounces of used oil can be
removed in seconds by using this
method, according to this commenter.
Based on the data submitted, non-
teme-plated. hot-drained l4 used oil
filters do not typically and frequently
exhibit the TC The source of the hazard
exhibited by the non-terne-plated used
oil filters is the used oil they contain
prior to being drained: thus, as much of
the oil as possible should be removed.
EPA has determined that non-teme-
plated used oil filters that have been
hot-drained of used oil for a minimum of
12 hours after puncturing either the anti-
drain back valve or the dome end do not
appear to exhibit the TC EPA is thus
recommending a minimum 12-hour hot-
drain time for punctured or pierced used
oil filters, but is not adopting a
regulatory standard in order to allow for
the development of alternate used oil
removal techniques. Similarly, hot-
drained and crushed fillers, or
dismantled and drained filters do not
appear to exhibit the TC In addition.
light-duty automotive used oil filters that
have been subjected to air pressure for
oil removal do not appear to exhibit the
TC.
Teme-plated oil filters are not
included in the exemption; therefore, a
hazardous waste determination must be
made prior to disposal in a landfill EPA
received inadequate data to make a
determination on other types of filters.
such as fuel filters, transmission oil
filters, or specialty filters (such as cloth
railroad oil filters). Since there is a lack
of quantitative data on these types of
filters, they are not Included in the scope
of the exemption being finalized today.
The Agency Is recommending that the
recyclable used oil and other recyclable
elements of the oil filter, such as the
canister, gasket, and filter paper, be
separated and recycled. EPA is therefore
requiring that filters qualifying for the
exemption first have the used oil
removed using one of the following
grainy hot-draining methods:
(1) Puncturing the filter anti-drain
back val\e or the filter dome end and
hot-draining:
(2) Hot-draining and crushing:
(3) Dismantling and hot-draining: or
" Hci-d-smed" meani that Uw all Tiller n
d.-> ned near engine operating temperature and
oboteroorn temperature [i e 80'FJ
(4) Any other equivalent hot-draining
method which will remove used oil
Then, once the used oil Is removed, it
can be recycled (as can the scrap metal).
Finally. EPA encourages
manufacturers of teme-plated filters to
pursue source reduction alternatives to
teme plating. EPA encourages
generators to recycle used oil and used
oil filters. In choosing the used oil
removal technique, it is Important to
ensure that the operation is compatible
with the ultimate recycling procedure.
For example, if the filters are destined
for a smelter, hot-draining and crushing
may be appropriate. However, if the
filters will be separated Into their
component parts (e.g., used oil. metal
and filtration media) and recycled
separately, puncturing and gravity hot-
draining may be more appropriate since
crushing may hinder the separation of
the metal from the filtration media. EPA
also encourages steel mills and scrap
metal recyclers to accept used oil filters,
from which oil has been removed, as a
solid waste for scrap feed in steel
production.
B. Response to Major Comments
As discussed above. EPA received
data that indicate that most oil filters
from which used oil is removed do not
exhibit a characteristic of hazardous
waste, including toxicity. The Agency is
not concerned about the volume of used
oil remaining in the filters subsequent to
draining because, according to
commenter-submitted data, the filters
hot-drained for at least 12 hours do not
appear to be hazardous. EPA has
responded to commenters advocating
various methods of oil removal by
promulgating an exemption for filters
from which used od has been removed
through gravity hot-draining after
puncturing the filter, hot-draining and
crushing, or dismantling and draining.
Examples of oil removal methods
include flushing of oil filters with
pressurized air to drain used oil from od
filters, and spinning of the oil-soaked
filter paper media removed from oil
filters to remove residual oil. Based on.
the limited data available, it appears
that both of these methods adequately
remove used oil in order to make oil
filters nonhazardous. No technical
specifications or performance standards
for crushing oil filters have been
developed, although such specifications
were requested, because inadequate
TCLP data were received to support
development of a standard for crushed
filters. No correlation between crushing
force or crushed filter height and TCLP
results could be made from the av able
data Moreover, crushing specifications
could restrict the development of
alternative crusher designs and other oil
removal techniques. Supporters of the
proposed exemption contended that due
to analytical data used, filters that have
been drained for 12 or 24 hours of free
oil will not pose any significant hazards
when disposed of as nonhazardous
waste. Although the comments supplied
by the one commenter indicated that
draining for as little as four hours may
produce a nonhazardous truck filter.
EPA had Inadequate data to conclude
that a four-hour hot-drain would be
adequate for all used oil filters.
VL Used Oil Re-Refining and
Reprocessing Residuals
In the September 23.1991.
Supplemental Notice of Proposed
Rulemaking (56 FR 48027). EPA
proposed to list as hazardous waste four
residuals from the reprocessing and re-
refining of used oil EPA's consideration
of separate listings stemmed from the
November 1985 proposal to list all used
od as hazardous waste and the
collection of additional data on
residuals between 1986 and 1988.
The specific wastes resulting from the
reprocessing and re-refining of used oil
that were proposed for listing as
hazardous in the September 1991 notice
are:
K152—Process residuals from the
gravitational or mechanical
separation of solids, water, and oil for
the reprocessing or re-refining of used
oil including filter residues, tank
bottoms, pretreatment sludges, and
centrifuge sludges
K153—Spent polishing media from the
finishing of used oil in the
reprocessing or re-refining process.
including spent clay compounds and
spent catalysts
K154—Distillation bottons from the
reprocessing or re-refining of used oil
K1S5—Treatment residues from oil/
water/solids separation in the
primary treatment of wastewaters
from the reprocessing and re-refining
of used oil
EPA received a number of comments
on these proposed listings. Based on
data and comment received in response
to the proposal. EPA has determined
that further study Is required to
adequately characterize residuals from
reprocessing and re-refining of used oil
and is today deferring a decision on Its
1991 proposal to list these wastes.
EPA's proposed listing was based on
data gathered from recycling facilities in
1985 and 1988. Commenters stated that
recycling practices and processes had
changed significantly in the intervening
five to six years. These commenters
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federal Register f Vol. 67. No. 98 / Wednesday. May 20. 1»2 / Rules and Regulations 21583
cited that discontinued use of the acid-
clay treatment process and the
reduction of toxic constituents in the
residuals.
EPA will continue to evaluate data for
residuals from the reprocessing and re-
refining of used oil. EPA will evaluate
the management practices employed at
facilities that generate these residuals to
determine whether such practice* pose a
thicat to human health and the
environment
YD. State Authorization
A. Applicability of Rule in Authorized
States
Under section 3006 of RCRA. EPA
may authorize qualified Slates to
administer and enforce the RCRA
program within the State. (See 40 CFR
part 271 for the standards and
requirements for authorization.)
Following authorization. EPA retains
enforcement authority under sections
3008. 30013. and 7003 of RCRA. although
authorized States have primary
enforcement responsibility.
Prior to HSWA. a State with final
authorization administered 4ts
hazardous waste program entirely in
lieu of EPA administering the Federal
program in that State. The Federal
requirements no longer applied in the
authorized State, and EPA could not
issue permits for any facilities in the
State which the State was authorized to
permit. When new. more stringent
Federal requirements were promulgated
or enacted, the State was obliged to
enact equivalent authority within
specified lime frames. New Federal
requirements did not take effect in an
authorized Slate until the State adopted
the requirements as State law.
In contrast, under section 300B(g) of
RCRA. 42 U.S.C. 6926^). new
requirements and prohibitions imposed
by the HSWA lake effect in authorized
States at the same time that they take
effect in nonauthonzed Slates. EPA is
directed to carry out those requirements
and prohibitions In authorized States.
including the issuance of permits, until
the State is granted authorization to do
so. However, any authorized Slate
requirement that is more stringent than
a HSWA requirement that is less
stringent than the Federal program for
which the Stale was authorized remains
authorized and in effect under State law.
Today's rule is promulgated pursuant
to section 3001 (g) of RCRA. a provision
added by HSWA. and pursuant to
section 3001 (b|(l) of RCRA. a non-
HSWA provision. This rule revises and
narrows the scope of definition of
hazardous waste to exclude non-teme-
plaled used oil filters that have been
gravity hot-drained of used oil through
puncturing the filter anti-drain back
valve or the filter dome end and hot-
draining, hoi-draining and crashing,
dismantling •*"* hot-draining, or any
other equivalent hot-draining method
which will remove used ofl. The
exemption front the definition of
hazardous waste being flnnHmH today
for used oil filters narrows the scope of
the TC rule promulgated pursuant to
HSWA authority as well as the
characteristic of EP tcoddty regulation
promulgated under non-HSWA
authority. To avoid any confusion
regarding the status of used oQ filters.
EPA considers the exemption to be a
HSWA rule, since it in part exempts
wastes from a HSWA-promulgated rule.
B. Effect on State Authorizations
Authorized States are only required to
modify their programs when EPA
promulgates Federal standards mat an
more stringent or broader in scope than
the existing Federal standards. Section
3009 or RCRA allows States to Impose
standards more stringent than those in
the Federal program. For those Federal
program changes that are less stringent
or reduce the scope of the Federal
program. States are not required to
modify their programs. See 40 CFR
271 .l(k). The standard promulgated
today is less stringent than or reduces
the scope of the existing Federal
requirements. This provision appears in
40 CFR 281.4{b)(13). Therefore.
authorized States would not be required
to modify their programs to adopt
requirements equivalent to or
substantially equivalent to the provision
listed above.
Because the rule Is promulgated
pursuant to HSWA. a State which
chooses to submit a program
modification may apply to receive either
Interim or final authorization under
section 3006(g)(2) or 300S(b}.
respectively, on the basis of
requirements that are substantially
equivalent or equivalent to EPA's. The
procedures and schedule for State
program modifications for either interim
or final authorization are described in 40
CFR 271.21. It should be noted that all
HSWA Interim authorizations will
expire January 1,1903. (See 40 CFR
271J4(c).]
States with authorized RCRA
programs may already have
requirements similar to those in today's
rule. These State regulations have not
been assessed against the Federal
regulations being promulgated today to
determine whether they meet the tests
for authorization. Thus, a State is not
authorized to implement these
requirements In lieu of EPA until the
State program modification is approved,
Of course. States with existing
standards may continue to administer
and enforce their standards as a matter
of Stele law. In authorized States with
more stringent regulations, EPA will
continue to enforce the State's more
stringent regulations. In implementing
the Federal program. EPA will work
with Steles under cooperative
agreements to mhttnrim duplication of
efforts. In many cases, EPA will be able
to defer to me States in their efforts to
Implement their programs, rather than
take separate actions under Federal
authority.
Steles thai submit their official
applications for final authorization less
than 12 months after the effective date
of these standards are not required to
include standards equivalent to these
standards In their application. However.
the Stele must modify its program by the
deadlines set forth In 40 CFR 271.21(eJ.
Steles that submit official applications
for final authorization 12 months after
the effective date of these standards
must include standards equivalent to
these standards in their application. 40
CFR 271.3 sets forth the requirements a
State must meet when submitting its
final authorization package.
VTJL Regulatory Impact Analysis
Today's decision not to list used oil
managed for disposal as a hazardous
waste does not impose any new
regulatory compliance requirements or
costs on used oil generators or handlers.
Although a regulatory impact analysis
under Executive Order 12291 is therefore
not required to support this decision.
this section of today's preamble briefly
summarizes the Agency's cost and
general Impact analysis for the
considered prior to today's rulemaklng.
Costs of listing disposed used oil were
evaluated in the Economic Impact
Screening Analysis Section of the
September 1981 Supplemental Notice
preamble under the two headings of
"ban on land, disposal," and "ban on
road oiling.'* with annual cost estimates
of S1&3 and $7.4 million, respectively (SB
FR48068-49).
Coats of the land disposal ban [listing
of disposed oil) are relatively low for
two reasons. First relatively little used
oil is formally 'land managed" in
recognized landfills, and It was assumed
in estimating coats that both household
DIY oil and non-household oil illegally
dumped by either small or large quantity
generators would not be controlled
under the subtitle C management
requirement. In addition, in the
September 1991 cost analysis, it was
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21534 Federal Register / Vol. 57. No. 98 / Wednesday. May 20. 1992 / Rules and Regulations
assumed as a best estimate that 75
percent of the land-disposed oil subject
to the listing would be diverted to
recycling at relatively low cost with
only the remaining 25 percent being
managed at higher cost in a cement kiln
or equivalent Subtitle C technology.
For road oiling, it was similarly
assumed that the oil could be readily
diverted to other recycling at virtually
no additional cost (the cost of the ban
being attributable to the higher cost of
substitute dust suppression agents such
as calcium chloride).
Recycling would have been promoted
somewhat by the listing of used oil
destined for disposal because disposal
would be much more costly than
recycling options. On the other hand.
there would also be a perverse incentive
towards illegal dumping and other
improper land disposal outlets as land
disposal became more costly.
IX. Regulatory Flexibility Act
The agency certifies that within the
scope of the Regulatory Flexibility Act.
today's decision will not have a
significant impact on a substantial
number of small entities. The regulation
imposes no new regulatory or economic
requirements on small business.
X. Paperwork Reduction Act
This notice contains no information
collection requirements, and therefore
imposes no new paperwork burden.
list of Subjects In 40 CFR Part 281
Hazardous waste. Recycling.
Dated. May 1.1992.
F. Henry HaMchl.II.
Deputy Administrator.
For the reasons set forth in the
preamble, title 40 part 261 of the Code of
Federal Regulations is amended as
follows:
PART 261—IDENTIFICATION AND
LISTING Of HAZARDOUS WASTE
1. The authority citation for part 201
continues to read as follows:
Authority: 42 U.S.C 6005.6B12(a). 6021 and
6022.
3. Section 281.4 Is amended by adding
paragraph (b)(15) to read as follows:
9261.4 Exclusion*
• • ft * •
(b) * ' '
(15) Non-teme plated used oil filters
that are not mixed with waste listed in
subpart C of this part if these oil filters
have been gravity hot-drained using one
of the following methods:
(i) Puncturing the Rlter anti-drain back
valve or the filter dome end and hot-
draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining
method which will remove used oil.
• • • § •
[FR Doc. 92-11385 Filed 5-10-02:8:45 am]
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