EPA Publication Number 905-R03-005
GUIDANCE AND SUMMARY OF INFORMATION
REGARDING THE RCRA USED OIL
REBUTTABLE PRESUMPTION
March 2005
-------
Disclaimer
When using this Guidance, remember that it is not legally binding and does not replace the Used
Oil Management Standards found at Title 40 of the Code of Federal Regulations, Part 279 or any
state and local rules that apply to used oil handlers.
This document does not constitute rulemaking by the EPA and may not be relied upon to create a
substantive or procedural right or benefit enforceable at law or in equity, by any person. The
EPA may take action at variance with this document and its internal procedures.
Peer Review
The EPA Region 5 Waste, Pesticides and Toxics Division has reviewed this document and
approved it for publication. Consistent with the Science Policy Council Handbook: Peer Review
(EPA 100-B-OO-OOl, December 2000), Region 5 completed an appropriate peer review.
Acknowledgments
This Guidance was prepared by EPA Region 5's RCRA Used Oil Expert, Sue Rodenbeck Brauer.
We thank Region 5 management, who support the Regional RCRA Used Oil Expert position,
and thank the individuals and organizations that provided comments and suggested
improvements on previous draft versions.
-------
TABLE OF CONTENTS
I. INTRODUCTION 1
II. BACKGROUND INFORMATION 3
A. What is "used oil"? 3_
B. What are total halogens? 3_
C. What is the rebuttable presumption for used oil? 5
D. What is a halogenated hazardous waste? 6
E. What recordkeeping is required? 6
III. REGULATORY EXCLUSIONS TO THE USED OIL REBUTTABLE
PRESUMPTION 7
A. What regulatory exclusions are available for used oil from specific sources? ... 7
1. Metalworking oils/fluids containing chlorinated paraffins 7
2. Used oil contaminated with chlorofiuorocarbons (CFCs) 7
3. Mixtures of used oil and hazardous waste from conditionally exempt small
quantity generators (CESQG) 8
4. Mixtures of used oil and TSCA-regulated PCBs 8
5. Used oil from "do-it-yourselfers" and farmers £?
6. Mixtures of used oil and residues from empty containers 9
IV. REBUTTING THE PRESUMPTION OF MIXTURE WITH A HALOGENATED,
LISTED HAZARDOUS WASTE 9
A. What factors should be considered in preparing or evaluating an attempt to rebut
the rebuttable presumption? 9
B. Do analytical data, including appropriate target analytes, identify significant
concentrations of halogenated hazardous constituents? K)
1. Appropriate target analytes ]_0
2. Significant concentration jj_
C. What knowledge may be used to rebut the presumption of mixture if significant
concentrations of halogenated hazardous constituents are present? j_2
1. Generator materials and processes used j_2
2. Material safety data sheets 12
3. Inorganic total halogen concentration j_4
4. Product additive information \4_
5. Mismanaged PCB-containing oils j_5
D. What is the case law on the rebuttable presumption? \6_
V. CONCLUSIONS 16
A. How does this document make the rebuttable presumption easier to implement?
16
B. Who should use this document? F7
1. Regulators _T7
2. Used oil handlers 18
-------
VII. REFERENCES 19
VIII. APPENDICES 22
Appendix A. Total Halogen Test Methods for Used Oil 22
Appendix B. Halogenated Hazardous Constituents in Appendices VII and VIII to 40
CFR Part 261 and Associated Hazardous Waste Codes 23_
Appendix C. Tables of Lubricant Additives 32
Appendix C-l. Typical Additives in Lubricants for Automotive Applications
(Including Aftermarket Products) 32
Appendix C-2. Typical Additives in Metalworking Fluids 35_
Appendix C-3. Percentages of Chlorinated Paraffin in Metalworking Fluids . . 37
Appendix C-4. Halogenated Biocide Additives for Lubricants and Chemical
Compound Active Ingredients 3J5
Appendix D. EPA Letters that Address the RCRA Used Oil Rebuttable Presumption . 42
Appendix E. Rebuttable Presumption Flowchart 43
-------
I. INTRODUCTION
The Used Oil Recycling Act of 1980 is found, in part, at Section 30141 of the Resource
Conservation and Recovery Act (RCRA). Section 3014 of RCRA directs the Administrator of
the U.S. Environmental Protection Agency (EPA) to protect human health and the environment
through regulation without discouraging the recovery or recycling of used oil. Used oil is any oil
refined from crude oil or any synthetic oil that has been used and as a result of such use is
contaminated by physical or chemical impurities. Used oil containing more than 1,000 ppm total
halogens is presumed to be a hazardous waste because it has been mixed with a halogenated
hazardous waste listed in Subpart D of Part 261. Failure to rebut the presumption means that the
used oil must be managed as a hazardous waste under 40 CFR Parts 262-270 instead of under the
more favorable used oil management standards of 40 CFR Part 279. This document is designed
to help regulators, members of the regulated community, and the public find and understand EPA
regulations and policies concerning the used oil rebuttable presumption2 (the rebuttable
presumption). A number of EPA documents mention the rebuttable presumption, including
regulations, Federal Register (FR) preambles, letters, and enforcement documents, but up until
now an overview of these documents did not exist. This document: (1) summarizes existing
regulations and policies regarding the rebuttable presumption, and (2) provides guidance on
implementing the rebuttable presumption. This document only applies to used oil containing
greater than 1,000 parts per million (ppm) total halogens.
This document itself does not create any legally binding requirements, but rather serves as a
useful compendium of legally binding EPA regulations, as well as EPA policies and information,
on the rebuttable presumption. The word "should" as used in this document is intended solely to
recommend or suggest and does not connote a requirement. If there is a discrepancy between the
regulations and this document, the regulations govern. The guidance in this document reflects
EPA's present best judgement and information regarding the used oil rebuttable presumption.
1 42U.S.C. §6935.
2 The rebuttable presumption is found at 40 CFR §§261.3(a)(2)(v), 279.10(b)(ii), 279.21(b), 279.44(a) through
279.44(c), 279.53, 279.63, and 279.70(c).
-------
EPA remains open to different approaches in individual cases, except where a specific approach
is required by regulations. EPA may revise this document in the future. State environmental
regulations and policies may be more stringent than their federal analogues.
This document is organized in the sections below.
• Section II of this document presents background information related to the rebuttable
presumption.
• Section III identifies the used oil regulatory exclusions to the rebuttable presumption.
• Section IV discusses rebutting the rebuttable presumption of mixture with a listed waste.
• Section V identifies potential users of this document and its appendices.
Information in Sections II, III, IV and V is presented in a question-and-answer format. General
references used to prepare this report are listed at the end of the text. Specific source documents
are cited in footnotes.
This document also includes five appendices. Appendix A of the document presents selected
total halogen test methods suitable for used oil. Appendix B presents halogenated hazardous
constituents excerpted from Appendices VII and VIII to Title 40 of Code of Federal Regulations
(40 CFR), Part 261, and the associated hazardous waste codes from 40 CFR §§261.24 and
261.31 through 261.33. Appendix C provides tables summarizing the composition, application,
and functions of lubricating oil and additives; percentages of chlorinated paraffin in
metalworking fluids; typical additives in metalworking fluids; and pesticide products with
lubricant applications. Appendix D presents a table of regulatory interpretation letters for used
oil. The flowchart in Appendix E is a graphical depiction of Sections II through IV of this
document to be used as a quick desk reference.
-------
II. BACKGROUND INFORMATION
A. What is "used oil"?
Used oil is any oil refined from crude oil or any synthetic oil that has been used and as a result of
such use is contaminated by physical or chemical impurities. Used oils include spent automotive
lubricating oils, spent industrial oils, and spent industrial process oils.3 The definition of used oil
includes oil used for the purpose of lubrication that becomes contaminated as a result of such use
and residues and sludges derived from used oil.4 Used oil is subject to "Standards for the
Management of Used Oil" (40 CFR Part 279).
B. What are total halogens?
The halogen family, or Group VIIA on the periodic table of elements, includes fluorine, chlorine,
bromine, iodine, and astatine. (Astatine is a radioactive, man-made element with an extremely
short half-life, and therefore, not a concern). Chemicals containing both a halogen atom and a
carbon atom are called "organic halogens." Examples of organic halogens include short chain
alkanes like 1,2-dichloroethane, hexachloroethane, and short chain (CIO - C13) chlorinated
paraffins. Chemicals containing an atom from the halogen family but no carbon atoms are
"inorganic halogens." Examples of inorganic halogens include sodium chloride (table salt) and
thallium chloride. Total halogens include organic and inorganic halogens, except as noted in
analytical procedures. EPA proposed regulating total chlorine in used oil but finalized the
regulatory term as "total halogens" after comments submitted in response to the proposed rule
indicated that most "total chlorine" analytical methods actually measure halogens other than
chlorine only.5
More detail is provided in the preamble to the November 29, 1985, final rule on page 50 FR 49174.
More discussion is located in the preambles to the September 10, 1992, final rule on pages 57 FR 41573-41574, and
the May 3, 1993, final rule on page 26422. F FS
Reported analytical results for total halogens are determined by an equation that uses the atomic weight of chlorine.
-------
Various regulatory preamble, policy, and enforcement guidance document discussions of total
halogens in used oil identify spent solvents, pesticides, and polychlorinated biphenyls (PCB) as
contaminants of concern in used oil. Although most of these contaminants contain chlorine,
some also contain fluorine and bromine (such as chlorinated fiuorocarbons in F001, 1,1,2-
trichloro-l,2,2-trifiuoroethane in F002, and bromoform in U225).
Used oil handlers may determine whether the total halogen content is above or below 1,000 ppm
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. If testing to determine the total halogen content of a
used oil waste stream, handlers should properly sample and analyze the used oil using a total
halogen test method. ASTM D4057-95 (2000) Standard Practice for Manual Sampling of
Petroleum and Petroleum Products includes sampling methods generally suitable for used oils.6
Samples should be representative of the waste being tested; this evaluation should include the
assistance of a chemist and quality assurance/quality control staff.
Appendix A lists total halogen test methods suitable for used oil from SW-846, Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods (EPA 1996c). EPA personnel should
evaluate a total halogen determination by considering whether a total halogen test method was
used. The method used, whether published in SW-846 or not, should be demonstrated to work
for its intended application. That is, it should be able to determine the total halogens in used oil
(with oil concentrations from less than five percent to 100 percent) at the action limit of 1,000
ppm, within the allowable uncertainty of the application, and on a sample that is representative of
the used oil being tested. The smaller the uncertainty, the less likely total halogen results greater
than 1,000 ppm will be falsely detected. The December 1996 edition of SW-846 (Revision 3) is
available on-line and on CD-ROM and includes guidance on selecting the appropriate methods.
In addition, EPA posted in 2001 a table titled "RCRA SW-846 Methods for Determining
Chlorine and Other Halogens in Used Oil under Test Methods and Frequently Asked Questions"
The ASTM standard method for sampling extremely viscous liquid, D140, identified in 40 CFR Part 261, App. I, has
been withdrawn, and the ASTM standard method for sampling petroleum and petroleum products (ASTM D270) referenced in
SW-846, Chapter 9 (EPA 1996c) was discontinued in 1982 and replaced by D4057 and D4177.
-------
(EPA 2001). It is similar to Appendix A of this document but also includes limited methods for
detecting specific halogenated constituents.
C. What is the rebuttable presumption for used oil?
EPA and used oil handlers sometimes found it difficult to determine if used oil has been mixed
with a listed hazardous waste. As a result, EPA decided to use an objective test that focused on
the halogen level in used oil. This objective test is known as the rebuttable presumption. As
stated in regulation,7 the rebuttable presumption is as follows:
Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous
waste because it has been mixed with a halogenated hazardous waste listed in Subpart D
of Part 261. Persons may rebut this presumption by demonstrating that the used oil does
not contain hazardous waste (for example, by using an analytical method from SW-846,
Edition III, to show that the used oil does not contain significant concentrations of
halogenated hazardous constituents listed in Appendix VIII of Part 261).8
Other regulations provide very specific, limited exemptions from the rebuttable presumption.
Those regulations are addressed in Section III of this document.
As discussed above, if used oil contains greater than 1,000 ppm total halogens, EPA presumes
that the used oil has been mixed with a listed hazardous waste. If the used oil handler can prove
that the used oil is not mixed with a listed hazardous waste (that is, rebut the presumption of
mixture), then the used oil management standards apply. Rebuttal of EPA's rebuttable
presumption of used oil mixture with a listed halogenated hazardous waste is not required; the
alternative to rebuttal is to manage used oils as hazardous waste. When the total halogen
concentration is greater than 1,000 ppm, the burden of proof (rebutting the rebuttable
presumption) is on the used oil handler.
7 The rebuttable presumption is found at 40 CFR §§261.3(a)(2)(v), 279.10(b)(ii), 279.21(b), 279.44(a) through
279.44(c), 279.53, 279.63, and 279.70(c).
The regulation refers to only Appendix VIH of 40 CFR Part 261 as an example. Appendix VII also identifies
halogenated constituents as the basis for listing specific hazardous wastes.
-------
D. What is a halogenated hazardous waste?
For purposes of implementing the rebuttable presumption, EPA recommends reference to the
RCRA hazardous waste codes defined to include halogenated hazardous constituents to
determine the presence of "halogenated hazardous waste." Appendix B of this document is a
table listing 161 halogenated hazardous constituents from Appendices VII and VIII of 40 CFR
Part 261. The table associates 147 of these halogenated hazardous constituents with one or more
of the 160 listed hazardous waste codes (F, K, P, and U) defined to include halogenated
hazardous constituents. The remaining fourteen halogenated hazardous constituents listed are
not associated with specific listed hazardous wastes. Appendix B will need revision if additional
hazardous wastes containing halogenated hazardous constituents are listed.
E. What recordkeeping is required?
Generators, used oil collection centers, and aggregation points are not required to maintain
records of the total halogen determination. However, if a subsequent used oil handler needs to
rebut the presumption, it may be difficult to do without obtaining certain information9 from the
generator. Used oil transporters and transfer facilities, marketers, and burners are required to
maintain records of the information or analyses used to determine total halogen concentrations
for a minimum of three years (40 CFR §§ 279.44(b) and 279.44(d), 279.70(c), and 279.63,
respectively). Used oil processors and re-refiners must determine whether the total halogen
content of used oil managed at the facility is above or below 1,000 ppm and keep a record and
results of all analyses performed as described in the analysis plan until closure of the facility (40
CFR §§ 279.53, 279.55, and 279.57(a)).
o
Appropriate documentation can include, for example, printed lubricant composition before use from the product
manufacturer, purchase orders, requisitions, shipping tickets, bills of lading, manifests, generator status and data from
government databases, the used oil analysis plan, invoices, canceled checks, a sufficiently detailed description of the process
generating the used oil in order to eliminate listed hazardous wastes by knowledge, and photographs.
-------
III. REGULATORY EXCLUSIONS TO THE USED OIL REBUTTABLE
PRESUMPTION
A. What regulatory exclusions are available for used oil from specific sources?
Used oil handlers need not rebut the presumption of mixing with a listed hazardous waste if they
can document that the used oil waste stream is excluded from regulation as a hazardous waste.
Some used oil waste streams are excluded from regulation as hazardous waste even if their total
halogen concentration exceeds 1,000 ppm. Relevant exemptions and exclusions are discussed in
this section. In addition to the exceptions described in this section, other regulations (e.g., the
delisting of a halogenated hazardous waste under §260.22) might determine whether the
rebuttable presumption applies to a particular used oil.
The final used oil handler may have a difficult time proving the applicability of any exemptions
or exclusions unless documentation of the source of each used oil waste stream is maintained by
oil handlers so that the final used oil handler of commingled used oils can prove the applicability
of any exemptions or exclusions. Relevant EPA interpretation letters are identified in Appendix
D.
1. Metalworking oils/fluids containing chlorinated paraffins
The rebuttable presumption does not apply to used metalworking oils/fluids containing
chlorinated paraffins, where the used oils will be processed through a tolling arrangement, as
described in 40 CFR §279.24(c), to reclaim metalworking oils/fluids. This exemption from the
rebuttable presumption does not apply if the metalworking oils/fluids are recycled in any other
manner (e.g., processed into fuel or lubricant) or disposed (40 CFR §279.10(b)(l)(ii)(A)).
2. Used oil contaminated with chlorofiuorocarbons (CFCs)
The rebuttable presumption does not apply to used oil contaminated with chlorofiuorocarbons
(CFCs) removed from refrigeration units where the CFCs are destined for reclamation. This
-------
exemption does not apply if the used oil contaminated with CFCs has been mixed with used oil
from sources other than refrigeration units (40 CFR §279.10(b)(l)(ii)(B)).
3. Mixtures of used oil and hazardous waste from conditionally exempt small
quantity generators (CESQG)
Mixtures of used oil and hazardous waste only from conditionally exempt small quantity
generators (CESQG) (generators of less than 100 kilograms of hazardous waste per month) are
regulated as used oil under 40 CFR Part 279 rather than as hazardous waste, consistent with 40
CFR §261.5(j). This rule was revised on July 30, 2003 so that this exclusion applies to all
mixtures of used oil and hazardous waste from CESQGs, whether the used oil is burned for
energy recovery or recycled in a different way.
4. Mixtures of used oil and TSCA-regulated PCBs
Dielectric fluids containing detectable concentrations of PCBs (a halogenated hazardous
constituent) are regulated under the Toxic Substances Control Act (TSCA). These fluids are
exempt from RCRA hazardous waste regulation provided they are hazardous only because they
exhibit the toxicity characteristic for codes DO 18 - D043 (i.e., they do not exhibit hazardous
characteristics for ignitability, reactivity, corrosivity, or toxicity for D004 through DO 17) (40
CFR §261.8). If total halogens in used oil exceed 1,000 ppm solely because the used oil was
mixed with RCRA-exempt PCB waste, the used oil mixture will not be regulated as hazardous
waste, but rather as used oil under both RCRA (when the PCB concentration is less than 50 ppm)
and TSCA (40 CFR §279.10(1)).
5. Used oil from "do-it-yourselfers" and farmers
The used oil management standards do not apply to household "do-it-yourselfer" used oil
generators (DIY) and farmers who generate an average of 25 gallons per month or less of used oil
from vehicles or machinery used on the farm on a calendar year basis, consistent with the
exclusion of household solid waste from the definition of hazardous waste at 40 CFR §261.4(b)
(40 CFR §279.20(1) and (4)). However, once the DIY used oil is collected by a regulated used
-------
oil generator, collection center, aggregation point, processor/re-refiner, or burner, it is subject to
full regulation, including the rebuttable presumption (e.g., see 40 CFR §279.40(a)(4)).
6. Mixtures of used oil and residues from empty containers
Used oil mixed with the residues of hazardous waste in empty containers may be excluded from
regulation as a hazardous waste by 40 CFR §261.7, the 'residues of hazardous waste in empty
containers' rule (40 CFR §279.40(c)) while the mixture remains in the container. If 40 CFR
§261.7(a) and (b) apply and there is no other source of halogens, then the mixture is regulated as
used oil and the hazardous waste regulations do not apply. If there is another source of halogens
for this used oil or if the used oil contained over 1,000 ppm total halogens before storage in an
"empty container," it may be difficult to rely on this exclusion without additional documentation.
The Agency also has made it clear that when residue is removed from an "empty" container the
residue is subject to full regulation under Subtitle C if the removal or subsequent management of
the residue generates a new hazardous waste that exhibits any of the characteristics identified in
Part261,SubpartC.10
IV. REBUTTING THE PRESUMPTION OF MIXTURE WITH A HALOGENATED,
LISTED HAZARDOUS WASTE
A. What factors should be considered in preparing or evaluating an attempt to rebut the
rebuttable presumption ?
Used oil containing over 1,000 ppm total halogens is presumed to have been mixed with a listed
hazardous waste unless the handler can demonstrate otherwise. Persuasive efforts to rebut the
rebuttable presumption may include analysis for halogenated hazardous constituents and other
kinds of information discussed below. Documenting the composition (e.g., proportions of oil
and water) of a generator's used oil waste stream is a typical industry practice for used oil
See 45 FR 78529 (November 25, 1980), where it states "[CJontainer cleaning facilities which handle only 'empty'
containers are not currently subject to regulation unless they generate a waste that meets one of the characteristics in Subpart D."
9
-------
processors. More detailed waste profile information, such as the process generating the used oil
and chemical composition obtained by sampling and analysis of the used oil, can be useful in
rebutting the presumption. An analysis plan including data quality objectives, quality assurance,
and quality control procedures could (1) assist in rebutting a presumption of mixture if
halogenated hazardous constituents are false positive detections and (2) minimize the occurrence
of false positive detections.
B. Do analytical data, including appropriate target analytes, identify significant
concentrations of halogenated hazardous constituents?
1. Appropriate target analytes
When making a determination as to whether significant concentrations of halogenated hazardous
constituents are present in the used oil, target analytes should include those constituents
previously detected by EPA in used oil, which include F001 and F002 constituents11 and PCBs.
Individual facilities have detected additional halogenated hazardous constituents, such as
ethylidene dichloride, methyl chloride, methyl chloroform, chlorobenzene, pentachlorophenol,
cresols, chlordane, and heptachlor. EPA has not required analysis of a used oil sample for all
halogenated constituents in Appendix B to date. EPA acknowledged problems with Appendix
VIII to Part 261 (Appendix B of this document is a subset of Part 261 Appendices VII and VIII) -
- such as a lack of analytical standards, analytical screening methods, listings which are large
categories of chemicals, and that it lacks analytical methods for some of the constituents~in the
preamble to a final rule updating SW-84612. Some of the halogenated constituents in Appendix
B are rare and unlikely to be found in used oil, except through mixture. Other halogenated
hazardous constituents in Appendix B may not be present in used oil due to dissociation or
decomposition.
F001/F002 constituents include tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane,
carbon tetrachloride, chlorinated fluorocarbons, 1,1,2-trichoroethane, chlorobenzene, l,l,2-trichloro-l,2,2-trifluoroethane, ortho-
dichlorobenzene, and trichlorofluoromethane.
12See 54 FR 40262 (September 29, 1989).
10
-------
Sampling should be properly conducted (see the guidance provided in Section II.B.). Preparation
and analysis methods for halogenated hazardous constituents may include these SW-846
methods, for example: Method 5035 (methanol extraction) and Method 8260B (GC/MS) for
volatiles, Method 3580A (waste dilution) and Method 8270D (GC/MS) for semivolatiles, and
Method 8082A (GC) for PCBs. Sample preparation and analytical techniques should be selected
with knowledge of the used oil's physical composition (e.g., water content) and interfering
chemicals. Additional methods are appropriate for different target analytes.
If a halogenated hazardous constituent is detected, Appendix B can assist the reader in
identifying the listed hazardous waste codes associated with that constituent. The used oil could
be managed as the associated listed hazardous waste or the attempt to rebut the presumption
could continue with an argument that the associated listed hazardous waste is not present. If all
of the detected halogenated hazardous constituents are not associated with listed hazardous
wastes, then the presumption has been rebutted. If, on the other hand, a halogenated hazardous
constituent is not detected through appropriate sampling and analysis, then the presumption has
also been rebutted.
2. Significant concentration
EPA has discretion in determining what concentration is a "significant concentration." The
RCRA regulations do not contain an applicable regulatory threshold for each halogenated
hazardous constituent in used oil presumed to be recycled.13 Concentrations less than 100 ppm
may be significant for compounds that you would not expect to find in used oil under normal
circumstances unless mixing has occurred, such as chlorophenoxy pesticides. A preamble to a
final rule identifies these factors to be considered: the possibility of contamination through use
The Federal Register preamble to the November 29, 1985 final used oil rule identifies spent solvents and chlorinated
pesticides as examples of listed hazardous wastes and discusses significant concentrations. The regulatory thresholds for the
Toxicity Characteristic (TC) Rule do not apply to used oil being recycled (see 55 FR 11840-11841; March 29, 1990).
11
-------
versus mixture; significant concentrations depend on the constituent; whether the oil is tested at
the point of generation or after mixture with other used oils; and the volume of oil sampled14.
C. What knowledge may be used to rebut the presumption of mixture if significant
concentrations ofhalogenated hazardous constituents are present?
1. Generator materials and processes used
There is limited guidance in this area. The used oil generator may provide information about the
process generating the used oil, composition of the virgin oil, and other materials managed, to
subsequent used oil handlers. Evidence that none of the used oil handlers managed any of the
listed wastes associated with a particular constituent15, or evidence that the detected constituent
was an ingredient in one of the products before use might be persuasive. EPA has also
considered whether the hazardous constituent could be added or have formed during use. The
used oil handler may obtain more data through appropriate sampling and analysis (e.g., for
F001/F002 constituents and PCBs at a minimum) and repeat the regulatory review in Sections III
and IV of this document.
2. Material safety data sheets
In limited circumstances, a detailed material safety data sheet (MSDS) may be helpful in
demonstrating that a hazardous constituent is present in the virgin oil formulation and introduced
by mixture with a listed hazardous waste. As an example, an MSDS was accepted to rebut the
presumption in the following case. The MSDSs for a grease meeting the RCRA definition of
"used oil" showed that the grease was formulated with trichloroethylene. The regulatory agency
exercised its discretion in agreeing that the trichloroethylene was not present as a result of mixing
with listed halogenated hazardous waste (spent solvents). EPA letters explain how a specific
14See the preamble to the November 29, 1985 final 'burning of used oil fuel' rule, 50 FR 49175-49176 and 50 FR
49189 -49190, and the preamble to the January 11, 1985 proposed ' standards for the management of specific wastes and specific
types of facilities' rule at 50 FR 1686.
Identify the listed hazardous waste associated with a particular halogenated constituent by reference to Appendix B
and refer to the hazardous wastes listed in 40 CFR 261.31, 261.32, and 261.33 for the definition of a specific listed hazardous
waste.
12
-------
solvent constituent may be present in used oil and still not be a listed waste by regulatory
definition (EPA 1996d, EPA 1993a). However, the fact that some halogens were present as a
result of virgin product formulation does not eliminate the possibility that some halogens might
be present from mixture with hazardous waste.
EPA staff have also accepted an MSDS as demonstration that halogens were present from
lubricant product additives (e.g., chlorinated paraffins used as extreme pressure additives) and
not from mixing with hazardous waste. Appendix C-3 of this document includes formulas for
metalworking fluids to illustrate how composition varies depending on the application. Some
soluble oils, for example, are supplied as concentrates and may be blended at one part
concentrate with 20 parts water. However, EPA believes it would be very difficult to rebut the
presumption through a mass balance approach based on MSDS concentrations of extreme
pressure additives or biocides16 if used oils from a variety of applications are commingled.
Use of an MSDS as knowledge, to demonstrate the absence of halogenated hazardous
constituents and to rebut the presumption of mixing, assumes that the MSDS provides more
information than is required by regulation. Occupational Safety and Health Administration
(OSHA) regulations (29 CFR §1910.1200) suggest that mixture components of 1 percent (which
equals 10,000 ppm) or less need not be identified when the component is not a carcinogen, and
carcinogenic mixture components need not be identified when present at 0.1 percent (1,000 ppm)
or less. An MSDS that provides only as much detail as required by OSHA would, therefore, be
helpful in rebutting the presumption of mixture if only one halogenated carcinogenic component
is present and it is also the sole halogenated compound causing the used oil to exceed 1,000 ppm
total halogens. An MSDS that provides only as much detail as required by OSHA would not be
helpful in rebutting the presumption of mixture if several halogenated carcinogenic components
are present at levels less than 1,000 ppm and total halogens are greater than 1,000 ppm. In the
Halogenated biocides used in lubricants are registered with the EPA pursuant to the Federal Insecticide, Fungicide,
and Rodenticide Act and are identified in Appendix C-4. Biocides are used in low concentrations (typically 50-125 ppm) in the
oil/water emulsion type lubricants according to the Independent Lubricant Manufacturers Association (ILMA).
13
-------
latter example, the MSDS would not identify the carcinogenic halogenated hazardous
constituents even if they were present.
3. Inorganic total halogen concentration
Another approach has been to use the total organic halogen content to rebut the presumption of
mixture for marine used oils. Total halogen tests measure both organic and inorganic halogens,
without accounting for the fact that most halogenated hazardous constituents identified in 40
CFR Part 261 (see Appendix B) are organic compounds. Therefore, used oils that have a
significant content of inorganic halogens relative to organic halogens can test greater than 1,000
ppm of total halogens, triggering the rebuttable presumption. One EPA region accepted a total
organic halogen field test result of less than 1,000 ppm as an adequate rebuttal with the
understanding that the used oil was contaminated with sea salt and not halogenated hazardous
constituents. EPA agreed with this approach in an interpretive letter (EPA 1986b).
4. Product additive information
In 2002, the Independent Lubricant Manufacturers Association's (ILMA) Safety, Health,
Environmental, and Regulatory Affairs (SHERA) and the American Chemistry Council
Additives Panel Health Environmental and Regulatory Task Group (HERTG) reviewed a draft
version of Appendix B and identified only one halogenated hazardous constituent, p-chloro-m-
cresol, a biocide, as a lubricant additive. Biocides are typically used at low concentrations
(typically at 50 to 125 parts per million) in the oil-water emulsion type lubricants, according to
SHERA. According to biocide label instructions and EPA pesticide product managers,
metalworking fluid products generally consist of less than one percent biocide.17 SHERA also
stated that the inorganic chloride content of the lubricants from raw materials is not likely to
exceed 100-200 parts per million. Finally, SHERA identified the only chlorinated substances
used in high concentrations in certain metalworking fluids as chlorinated waxes or paraffins and
chlorinated fats and vegetable oils. SHERA estimated that these are used in 10% or less of
metalworking fluids in the United States.
17Tetra Tech 2002a.
14
-------
To the HERTG's knowledge, halogenated chemicals are not typically used in automotive
applications or for industrial applications outside of metalworking with the exception of extreme
pressure agents sold in the automotive aftermarket (i.e., through auto parts stores). In light of
these statements, it appears unlikely that a halogenated hazardous constituent would be present in
a virgin oil product, except for the biocide specifically mentioned above. Appendix C provides
tables of lubricant additives.
EPA independently confirmed that halogenated hazardous constituents are not typical ingredients
in engine flush products and aftermarket lubricant additives. EPA also reviewed the registered
uses for pesticide halogenated hazardous wastes and did not find any historic lubricant
applications for these pesticide active ingredients, which are regulated by the Federal Insecticide,
Fungicide, and Rodenticide Act. Therefore, it is EPA's present judgment that the appearance of
virtually any halogenated hazardous constituent in used oil suggests mixture with a hazardous
waste.
5. Mismanaged PCB-containing oils
PCB-containing used oils may contain greater than 1,000 ppm total halogens. In order to assess
the likelihood that the presence of total halogens at concentrations greater than 1,000 ppm could
be caused by PCBs, in 2002, EPA tabulated the number of PCB-containing used oil shipments
that were received in EPA Region 518 from 1994 through 2001, but not manifested as PCB
waste.19 TSCA rules found at 40 CFR §761.210 require the reporting of manifest discrepancies
(unannounced PCB "hot loads"). Over 500 manifest discrepancies were reported to Region 5
during those eight years, and 59 of these discrepancies were used oil shipments, a very small
proportion of all used oil shipments. The number of PCB-contaminated used oil shipments was
highest in 1999 and 2000, with 19 shipments in those years, corresponding to total quantities of
289,156 and 290,106 pounds, respectively. Only one shipment of PCB-contaminated used oil
per year was reported to Region 5 for 1994, 1995, and 1996. The fact that PCB use and
1 8
U.S. EPA Region 5 includes Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
19Tetra Tech EM, 2002a.
15
-------
manufacture has been regulated by TSCA since 1979 does not eliminate the possibility of
mixture with used oil. An opinion that no PCBs are present can be contradicted by sampling and
analytical detections of PCBs.
D. What is the case law on the rebuttablepresumption?
There is very little case law on the rebuttable presumption and none on the implementation of the
rebuttable presumption. Although there are two federal cases and one EPA administrative case
referencing the rebuttable presumption, these cases do not address or discuss the actual
implementation of the rebuttable presumption. See U.S. v. Eastern of New Jersey, Inc., 770 F.
Supp. 964 (D.N.J. 1991), and U.S. v. Domestic Industries, Inc., etal, 32 F. Supp. 2d 855
(E.D.V., N.D.). See also In the Matter of Dearborn Refining Company, RCRA-05-2001-0019
(Initial Decision, August 18, 2003) and In re: Dearborn Refining Company, RCRA (3008)
Appeal No. 03-04 (Final Order, September 10, 2004)20.
V. CONCLUSIONS
A. How does this document make the rebuttable presumption easier to implement?
This document collects statements from existing EPA documents and updates lubricant additive
information previously summarized by EPA. We expect that the flowchart in Appendix E will
assist the reader in identifying the Parts 279 and 261 rules affecting implementation of the
rebuttable presumption. Appendix B crosswalks the Appendix VII and VIII halogenated
constituents with hazardous wastes listed in 40 CFR §§261.31 to 261.33-in order to provide
guidance on the terms "halogenated hazardous waste" and "halogenated hazardous constituents"
in the rebuttable presumption. Appendix B is intended to encourage used oil recycling by
coordinating knowledge of listed hazardous wastes and generator processes in order to eliminate
Administrative Law Judge Gunning's intial decision is available via the Internet at
http://www.epa.gov/oalj/orders/dearboni-id.pdf. The Environmental Appeals Board decision is available via the Internet at
http://www.epa.gov/boarddec/orders/dearborn.pdf.
16
-------
at least some listed hazardous wastes from consideration as a source of halogens in individual
cases. CAS numbers are provided in Appendix B so that chemicals with several names can be
more easily identified by non-chemists. Misuse of Appendix B could discourage used oil
recycling, if analyses were required for too many of the halogenated hazardous constituents.
Misuse of Appendix B could also undermine the RCRA hazardous waste program, if too few
constituents are identified as target analytes and significant concentrations of halogenated
hazardous wastes are not detected. The composition of lubricant additives (Appendix C) can
explain, at least in part, why total halogen concentrations greater than 1,000 ppm may be present
in some used oils that have not been mixed with a listed hazardous waste. Appendix D identifies
select Agency interpretations relevant to the rebuttable presumption.
B. Who should use this document?
1. Regulators
This document is for EPA staff providing compliance assistance and evaluating attempts to rebut
the presumption during compliance evaluation and case development inspections for individual
used oil handlers. EPA RCRA program personnel should review the used oil handler's analytical
records and other information used to make a total halogen determination. Superfund program
staff may refer to this document when characterizing used oils prior to removal and off-site
shipment. Air program staff may compare the halogenated constituents identified in 40 CFR Part
261 (see Appendix B) to the National Emissions Standards for Hazardous Air Pollutants
(NESHAP) for off-site waste recovery operations (40 CFR Part 63, Subpart DD) and refer to
EPA implementation guidance for overlap between RCRA and the Clean Air Act. For more
detail, see the "Implementation Guidance for Off-site Waste and Recovery Operations (OSWRO)
NESHAP, Interrelationships with Other Related EPA Air Rules," U.S. EPA Office of
Enforcement and Compliance Assurance (2224A), EPA-305-00-006, September 2000. Water
program staff may be interested in the additives expected in used oil waste streams (see
Appendix C) because used oil processors may also process used oil-contaminated wastewater.
The Clean Water Act's Centralized Waste Treatment rules are found at 40 CFR Part 437. Used
oil processors may be subject to the 40 CFR Parts 136 and 437 Effluent Limitations Guidelines,
17
-------
Pretreatment Standards, and New Source Performance Standards for the Centralized Waste
Treatment Point Source Category, either as direct dischargers or as industrial users of publicly
owned treatment works.
EPA may use this document for used oil fuels produced from December 9, 1985, to the present.
EPA may also use this document for all used oils presumed to be recycled in states where EPA
has authorized the State and approved the state's used oil management standards as being
substantially equivalent to the 1992 Federal Standards for the Management of Used Oil.
Approved state hazardous waste management programs are identified in 40 CFR Part 272. The
used oil management program is part of the hazardous waste management program. State
regulators may also use this document.
2. Used oil handlers
The rebuttable presumption applies to all used oil fuel handlers, as well as used oil handlers,
including used oil generators, subject to the 1992 used oil management standards (40 CFR Part
279). Used oil transporters and transfer facilities, used oil processors and re-refiners, used oil
burners who burn off-specification used oil for energy recovery, and used oil marketers are
required to determine whether the used oil they handle contains greater than 1,000 ppm total
halogens. Sections II and V discuss analytical requirements in 40 CFR §279.55, and Section V
discusses potential means of rebutting the presumption.
Used oil processors and re-refiners can study the pre-existing guidance and factors to be
considered presented in this document to evaluate new waste streams in addition to handler-
specific, non-RCRA-regulated physical parameters such as percent oil or percent solids. Used oil
processors and re-refiners can also consider this document in order to comply with the analysis
plan requirement at 40 CFR §279.55(a).
18
-------
VII. REFERENCES
American Chemistry Council. 2002. Letter to Sue Rodenbeck Brauer. From Sarah Loftus
McLallen. June 19.
Booz Allen Hamilton. 2002. Prepared for the U.S. Environmental Protection Agency (EPA)
Contract No.68-W-02-018, Work Assignment No. R05803. September 26.
Foltz, Greg. [YearNA]. "Definitions of Metalworking Fluids." Waste Minimization and
Wastewater Treatment of Metalworking Fluids. Independent Lubricant Manufacturers
Association, Research and Development Committee. Resource Conservation and
Recovery Act (RCRA) Docket No. F-92-UO2F-S0009.
Independent Lubricant Manufacturers Association. 2002. Letter to Sue Rodenbeck Brauer.
From Cathy Barmoy. May 17.
National Oil Recyclers Association. 200la. Letter to Sue Rodenbeck Brauer. From Christopher
Harris. January 2.
National Oil Recyclers Association. 200Ib. Supplementary table faxed to Sue Rodenbeck
Brauer. From Andrew Lynn. March 16.
NORA, An Association of Responsible Recyclers. 2002. Memorandum to Sue Rodenbeck
Brauer. From Scott D. Parker. March 29.
Tetra Tech EM Inc. (Tetra Tech). 2002a. Prepared for the EPA. EPA Contract No. 68-W9-
9018, Work Assignment No. R0580533. March 18.
Tetra Tech. 2002b. Prepared for the EPA. EPA Contract No. 68-W9-9018, Work Assignment
No. R0580533. March 20.
Tetra Tech. 2002c. Prepared for the EPA. EPA Contract No. 68-W9-9018, Work Assignment
No. R0580533. Aprils.
EPA. 1984. Composition and Management of Used Oil Generated in the United States.
Prepared by Franklin Associates. EPA 530-SW-84-013. November.
EPA. 1985a. Proposed rule. Federal Register vol. 50, no. 8, pages 1684-1724. January 11.
EPA. 1985b. Final rule. Federal Register vol. 50, no. 230, pages 49164-49211, November 29.
EPA. 1985c. Proposed rule. Federal Register vol. 50, no. 230, pages 49270-49212, November
29.
19
-------
EPA. 1986a. Notice of data availability and request for comment. Federal Register vol. 48, no.
52, pages 8206-8208. March 16.
EPA. 1986b. Letter to Paul McFadden. From Eric Males. Faxback No. 12738. September 15.
EPA. 1986c. Waste Oil Interim Enforcement Guidance. Prepared by Office of Solid Waste and
Emergency Response. OSWER Directive # 9951.1. December.
EPA. 1991. Supplemental notice of proposed rulemaking. Federal Register vol. 56, no. 184,
pages 48000-48074. September 23.
EPA. 1992a. Summary of Superfund Sites with Used Oil Damages. Prepared by Science
Applications International Corporation. EPA Contract No. 68-WO-0027. RCRA Docket
No. UO2F-S0004. August 3.
EPA. 1992b. Final rule. Federal Register vol. 57, no. 176, pages 41566-41626. September 10.
EPA. 1992c. Letter From Sylvia K. Lowrance. To Ms. Jackie Noles. Faxback No. 13586.
December 24.
EPA. 1993a. Letter from Terry L. Anderson. To Marion Loomis. December 1.
EPA. 1993b. Final rule. Federal Register Vol. 58, No. 83, pages 26420 - 26426. May 3.
EPA. 1993c. Proposed rule. Federal Register Vol. 58, No. 167, pages 46052 - 46056. August
31.
EPA. 1994. Used Oil Inspection/Enforcement Strategy. Prepared by Office of Waste Programs
Enforcement and Office of Solid Waste and Emergency Response. OSWER Directive #
9938.14. March 8.
EPA. 1996a. Memorandum re: OSW's Fax-Back Service, from Michael Shapiro. To RCRA
National Policy Directors, EPA Regions I-X and State Solid and Hazardous Waste
Directors.
EPA. 1996b. "Toxicologically Significant Levels of Pesticide Active Ingredients." Office of
Prevention, Pesticides, and Toxic Substances. Pesticide Regulation (PR) Notice 96-8
Notice to Manufacturers, Formulators, Producers, and Registrants of Pesticide Products.
EPA 730-N-96-007. October 31.
EPA. 1996c. Test Methods for Evaluating Solid Waste, Physical/Chemical Methods. SW-846.
Third Edition, Final Update III. Office of Solid Waste and Emergency Response.
December.
20
-------
EPA. 1996d. Letter from David Bussard. To Mr. Norman H. Nosenchuck. Faxback No. 14005.
December 24.
EPA. 2000a. Protocol for Conducting Environmental Compliance Audits of Used Oil and
Universal Waste Generators under the Resource Conservation and Recovery Act. Office
of Enforcement and Compliance Assurance. EPA 300-B-00-02. March.
EPA. 2000b. Draft PBT National Action Plan for the Level 1 Pesticides. Public Review Draft.
Persistent, Bioaccumulative, and Toxic Pollutants (PBT) Pesticides Work Group. August
24. http://www.cpa.gov/opptintr/pbt/pcstaction.pdf
EPA. 2001. "RCRA SW-846 Methods for Determining Chlorine and Other Halogens in Used
Oil under Test Methods and Frequently Asked Questions."
http://www.cpa.gov/cpaoswcr/liazwaste/tcst/pdfs/iioil.pdf
EPA. 2002. RCRA Orientation Manual. Prepared by the Office of Solid
Waste/Communications, Information, and Resources Management Division. EPA 530-
R-02-016. September.
21
-------
VIII. APPENDICES
Appendix A. Total Halogen Test Methods for Used Oil
Sample Preparation
5050, a bomb combustion method
5050, a bomb combustion method
none required
none required
none required
Analytical Procedure for Quantifying
Total Halogens in Used Oil
9253, a silver nitrate titrimetric analysis
9056, anion chromatography
9077, field test kits
9076, oxidative combustion and
microcoulometry
9075, x-ray fluorescence spectrometry
Halogens
Detected
Cl, Br, I
F, Cl, Br, I21
F, Cl, Br, I
Cl, Br, I
Cl
Source: EPA, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846.
At the time of document preparation, the SW-846 total halogen test methods for used oil are
addressed in these Federal Register notice pages: 50 FR 49189 (November 29, 1985); 56 FR
42506 (August 27, 1991); 58 FR 46052 (August 31, 1993); 60 FR 30889 (January 13, 1995); 62
FR 32451-32463 (June 13, 1997); 65 FR 70678-70682 (November 27, 2000) and 67 FR 66252-
66301 (October 30, 2002).
21T
Iodide is typically not included in results because the analytical system must be reconfigured for a second analysis of
the combustate. For all practical purposes, this is not normally done since the contribution from iodide is considered to be
minimal. Therefore, Method 9056 will predominately measure chloride, fluoride, and bromide as total halogens.
22
-------
Appendix B. Halogenated Hazardous Constituents in Appendices VII and VIII to 40 CFR
Part 261 and Associated Hazardous Waste Codes
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Acetyl chloride, 75-36-5
Aldrin, 309-00-2
Allyl chloride, 107-05-1
(3 -chloropropene)
Aramite, 140-57-8
Benzal chloride, 98-87-3
Benzenesulfonyl chloride, 98-09-9
Benzotrichloride, 98-07-7
Benzyl chloride, 100-44-7
Bromoacetone, 598-31-2
Bromoform, 75-25-2
4-Bromophenyl phenyl ether, 101-55-3
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-
butnyl ester, 101-27-9
Carbon oxyfluoride, 353-50-4
Carbon tetrachloride, 56-23-5
Chloral, 75-87-6
Chlorambucil, 305-03-3
Chlorobenzene
Chlordane, 57-74-9
Chlordane, alpha & gamma isomers
5103-71-9 & 5566-34-7
Chlorinated benzenes, N.O.S.
Chlorinated ethane, N.O.S.
Characteristic
D019
D020
F-listed
F039
F024
F025
F039
F039
F001
F024
F025
F039
F024
F039
K-listed
K015
K015
K149
K015
K085
K149
K016
K019
K020
K021
K073
K116
K150
K151
K157
K097
K085
K073
P-listed
P004
P028
P017
U-listed
U006
U017
U020
U023
U225
U030
U280
U033
U211
U034
U035
U036
U036
23
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Chlorinated fluorocarbons, N.O.S.
Chlorinated naphthalene, N.O.S.
Chlorinated phenol, N.O.S.
4-Chloro-o-toluidine, hydrochloride, 3165-93-3
Chlornaphazin, 494-03-1
Chloroacetaldehyde, 107-20-0
Chloroalkyl ethers, N.O.S.
p-Chloroaniline, 106-47-8
Chlorobenzene, 108-90-7
Chlorobenzilate, 510-15-6
2-chloro-l,3-butadiene, 126-99-8
See Chloroprene
Chloroethylene
See Vinyl chloride
p-Chloro-m-cresol, 59-50-7
2-Chloroethyl vinyl ether, 1 10-75-8
Chloroform, 67-66-3
Chloromethane,
See Methyl chloride
Chloromethyl methyl ether, 107-30-2
beta-Chloronaphthalene, 91-58-7
o-Chlorophenol, 95-57-8
l-(o-Chlorophenyl)thiourea, 5344-82-1
Chloroprene, 126-99-8
Characteristic
D021
D022
F-listed
F001
F039
F002
F024
F025
F039
F039
F039
F024
F025
F039
F039
F039
F024
F025
F039
K-listed
K010
K015
K105
K149
K015
K001
K009
K010
K019
K020
K021
K029
K073
K116
K149
K150
K151
K158
K001
P-listed
P023
P024
P026
U-listed
U049
U026
U037
U038
U039
U042
U044
U046
U047
U048
24
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
3-Chloropropionitrile, 542-76-7
Cyanogen bromide, 506-68-3
Cyanogen chloride, 506-77-4
2,4-D, 94-75-7
2,4-D, salts, esters
DDDJ2-54-8
DDE, 72-55-9
DDT, 50-29-3
Diallate, 2303-16-4
l,2-Dibromo-3-chloropropane, 96-12-8
o-Dichlorobenzene, 95-50-1
m-Dichlorobenzene, 541-73-1
p-Dichlorobenzene, 106-46-7
Dichlorobenzene, N.O.S., 25321-22-6
3,3'-Dichlorobenzidine, 91-94-1
l,4-Dichloro-2-butene, 764-41-0
Dichlorodifluoromethane, 75-71-8
1 , 1 -Dichloroethane,
See Ethylidene dichloride
1 ,2-Dichloroethane,
See Ethylene dichloride
Dichloroethylene, N.O.S., 25323-30-2
1,1-Dichloroethylene, 75-35-4
1,2-Dichloroethylene, 156-60-5
Dichloroethyl ether, 1 1 1 -44-4
Dichloroisopropyl ether, 108-60-1
Characteristic
D016
D027
D029
F-listed
F039
F039
F039
F039
F002
F039
F039
F039
F024
F025
F039
F024
F025
F024
F025
F039
K-listed
K085
K042
K105
K085
K105
K085
K105
K149
K150
K085
K105
K073
K019
K020
K029
K017
P-listed
P027
P033
U-listed
U246
U240
U240
U060
U061
U062
U066
U070
U071
U072
U073
U074
U075
U078
U079
U025
U027
25
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Dichloromethane,
See Methylene chloride
Dichloromethoxy ethane, 111-91-1
Dichloromethyl ether, 542-88-1
2,4-Dichlorophenol, 120-83-2
2,6-Dichlorophenol, 87-65-0
Dichlorophenylarsine, 696-28-6
Dichloropropane, N.O.S., 26638-19-7
Dichloropropanol N.O.S., 26545-73-3
Dichloropropene, N.O.S., 26952-23-8
1,3-Dichloropropene, 542-75-6
Dieldrin, 60-57-1
Diisopropylfluorophosphate, 55-91-4
Endosulfan, 115-29-7
Endrin, 72-20-8
Endrin metabolites
Epichlorohydrin, 106-89-8
Ethylene dibromide, 106-93-4
Ethylene dichloride, 107-06-2
Ethylidene dichloride, 75-34-3
Fluorine, 7782-41-4
Fluoroacetamide, 640-19-7
Fluoroacetic acid, sodium salt, 62-74-8
Formetanate hydrochloride, 23422-53-9
Halomethanes, N.O.S.
Characteristic
D012
D028
F-listed
F039
F039
F024
F025
F024
F025
F039
F039
F039
F024
F025
F039
F024
F025
F039
K-listed
K017
K043
K099
K043
K017
K017
K117
K118
K136
K018
K019
K020
K029
K030
K096
P-listed
P016
P036
P037
P043
P050
P051
P051
P056
P057
P058
P198
U-listed
U024
U081
U082
U084
U041
U067
U077
U076
26
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Heptachlor, 76-44-8
Heptachlor epoxide, 1024-57-3
Heptachlor epoxide (alpha, beta, and gamma
isomers)
Heptachlorodibenzofurans, 67562-39-4, 70648-
25-8, 69698-58-4
Heptachlorodibenzo-p-dioxins, 35822-46-9
Hexachlorobenzene, 118-74-1
Hexachlorobutadiene, 87-68-3
Hexachlorocyclopentadiene, 77-47-4
Hexachlorocyclohexane
[1,2,3,4,5, 6-hexachlorocyclohexane, 608-73-1]
Hexachlorodibenzo-p-dioxins, 34465-46-8,
39227-28-6
Hexachlorodibenzofurans, 5568-94-1
Hexachloroethane, 67-72-1
Hexachlorophene, 70-30-4
Hexachloropropene, 1888-71-7
Hydrogen fluoride, 7664-39-3
Isodrin, 465-73-6
Characteristic
D031
D031
D031
D032
D033
D034
F-listed
F032
F032
F024
F025
F024
F025
F024
F025
F024
F021
F022
F026
F027
F028
F032
F021
F022
F024
F025
F026
F027
F028
F032
K-listed
K097
K016
K018
K030
K042
K085
K149
K150
K151
K016
K018
K030
K032
K033
K034
K106
K030
K073
P-listed
P059
P060
U-listed
U127
U128
U130
U131
U132
U243
U134
27
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Kepone, 143-50-0
Lindane, 58-89-9
Melphalin, 148-82-3
Methoxychlor, 72-43-5
Methyl bromide, 74-83-9
Methyl chloride, 74-87-3
Methyl chlorocarbonate, 79-22-1
Methyl chloroform, 71-55-6
4,4'-Methylenebis(2-chloroaniline), 101-14-4
Methylene bromide, 74-95-3
Methylene chloride, 75-09-2
Methyl iodide, 74-88-4
Mustard gas, 505-60-2
Nitrogen mustard, 5 1 -75-2
Nitrogen mustard, hydrochloride salt, 55-86-7
Nitrogen mustard N-oxide, 126-85-2
Nitrogen mustard, N-oxide, hydro-chloride salt,
302-70-5
Pentachlorobenzene, 608-93-5
Characteristic
D013
D014
F-listed
F024
F025
F001
F002
F024
F025
F039
F001
F002
F024
F025
F039
F024
F025
K-listed
K009
K010
K149
K157
K019
K020
K028
K029
K096
K132
K131
K009
K010
K150
K156
K157
K158
K085
K149
K150
P-listed
U-listed
U142
U129
U150
U247
U029
U045
U156
U226
U158
U068
U080
U138
U183
28
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Pentachlorodibenzo-p-dioxins, 36088-22-9
Pentachlorodibenzofurans
Pentachloroethane, 76-01-7
Pentachloronitrobenzene, 82-68-8
Pentachlorophenol, 87-86-5
Phosgene, 75-44-5
Polychlorinated biphenyls, N.O.S., 1336-36-3
Pronamide, 23950-58-5
Propylene dichloride, 78-87-5
Silvex, 93-72-1
Sodium pentachlorophenate, 131-52-2
TCDD, 1746-01-6
Tetrachlorobenzene
[1,2,3,4-Tetrachlorobenzene, 634-66-2 and
1,2,4,5-Tetrachlorobenzene, 95-94-3]
1 ,2,4,5-Tetrachlorobenzene, 95-94-3
Characteristic
D037
D017
F-listed
F020
F021
F022
F023
F026
F027
F028
F032
F020
F021
F022
F023
F026
F027
F028
F032
F024
F025
F021
F027
F028
F032
F027
F027
F020
F022
F023
F026
F027
F032
F024
F025
K-listed
K001
K149
K150
K151
P-listed
P095
U-listed
U184
U185
U192
U083
U207
29
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofurans
Tetrachloroethane, N.O.S., 25322-20-7
1,1,1 ,2-Tetrachloroethane, 630-20-6
1 , 1 ,2,2-Tetrachoroethane,79-34-5
Tetrachloroethylene, 127-18-4
2,3,4,6-Tetrachlorophenol, 58-90-2
2,3,4,6-Tetrachorophenol, potassium salt, 53535-
27-6
2,3,4,6-Tetrachlorophenol, sodium salt, 25567-
55-9
Thallium chloride, 779 1 - 1 2-0
o-Toluidine hydrochloride, 636-21-5
Toxaphene, 8001-35-2
Characteristic
D039
D015
F-listed
F020
F022
F023
F026
F027
F032
F020
F022
F023
F026
F027
F032
F024
F025
F039
F024
F025
F039
F001
F002
F024
F025
F039
F020
F023
F027
F028
F020
F023
F027
F028
F020
F023
F027
F028
K-listed
K019
K020
K030
K095
K019
K020
K030
K073
K095
K150
K016
K019
K020
K073
K116
K150
K151
K001
K001
K001
K098
K041
P-listed
P123
U-listed
U208
U209
U210
U216
U222
30
-------
Halogenated Hazardous Constituent and
Chemical Abstract Service No.
Triallate, 2303-17-5
1,2,4-Trichlorobenzene, 120-82-1
1,1,1-Trichloroethane, 71-55-6
See Methyl chloroform
1,1,2-Trichloroethane, 79-00-5
Trichloroethylene, 79-01-6
Trichloromethane,
See Chloroform
Trichloromethanethiol, 75-70-7
Trichloromonofluoromethane 75-69-4
2,4,5-Trichlorophenol, 95-95-4
2,4,6-Trichlorophenol, 88-06-2
2,4,5-T, 93-76-5
Trichloropropane, N.O.S., 25735-29-9
1,2,3-Trichloropropane, 96-18-4
1 , 1 ,2-Trichloro-l ,2,2-trifluoroethane, 76-13-1
Tris(2,3-dibromopropyl) phosphate
126-72-7
Uracil mustard, 66-75-1
Vinyl chloride, 75-01-4
Vinylidene chloride, 75-35-4
Characteristic
D040
D041
D042
D043
F-listed
F025
F002
F024
F025
F001
F002
F024
F025
F002
F039
F020
F023
F027
F028
F020
F023
F027
F028
F027
F002
F039
F024
F025
K-listed
K150
K020
K095
K096
K018
K019
K020
K001
K001
K043
K099
K019
K020
K028
K029
K019
K020
K029
P-listed
P118
U-listed
U389
U227
U228
U121
U235
U237
U043
31
-------
Appendix C.
Tables of Lubricant Additives
Appendix C-l. Typical Additives in Lubricants for Automotive Applications (Including
Aftermarket Products)
Name of
Additive
Antifoam
Antiodorant
Antioxidant
Antiwear
Additive
Biocide
Color Stabilizer
Corrosion
Inhibitor
Function
To permit air bubbles to
separate from oil
To mask odors
To inhibit oxidation of
oil
As above except for
running condition
To inhibit
microorganisms
To stabilize oil color
To react with metal
surfaces to form a
corrosion resistant film
Composition
1984 data"
Silicones, synthetic
polymers, waxes
Perfumes, formaldehyde
compounds
Sulfides, phosphites,
amines, phenols,
dithiophosphates
Chlorinated waxes,
organic phosphates, lead
napthenate
Alcohols, phenols,
chlorine compounds
Amine compounds
Zn and Ba
dithiophosphates,
dithiocarbamates, metal
sulfonates, and sulfurized
terpenes
2002 data" c
Polysiloxanes,
polyacrylates, silicone
polymers, synthetic
polymers, organic
copolymers, waxes
Perfumes, essential oils
Alkyl sulfides, alkyl
phosphites, aromatic
amines, alkyl phenols,
hindered phenols, metal
dithiophosphates, metal
dithiocarbamates,
sulfurized phenols
Chlorinated waxes, alkyl
phosphites and
phosphates, lead
napthenate, metal
triborates, metal and
ashless dithiophosphates
***
Aromatic amine
compounds
Metal dithiophosphates,
metal dithicarbamates,
metal sulfonates,
thiadiazoles, and
sulfurized terpenes
32
-------
Name of
Additive
Detergent
Dispersant
Emulsifier
Extreme
Pressure
Additives
Metal
Deactivator
Pour Point
Depressant
Function
To neutralize acids in
crankcase oils to form
compounds suspended in
oil
To disperse
contaminants in the
lubricant
To reduce interfacial
tension and permit
formation of water-oil
emulsion
To form low-shear-
strength film providing
lubrication at startup and
at high bearing loads
To form protective film
on running surfaces to
inhibit corrosion
reaction
To prevent congealing of
oil at low
Composition
1984 data"
Sulfonates,
phosphonates, phenates,
alkyl substituted
salicylates combined
with barium, magnesium,
zinc calcium
Alkenyl succinimides,
alkyl-acrylic polymers,
ashless compounds
Surfactants, sulfonates,
napthenates and fatty
acid soaps
Organic compounds with
sulfur, phosphorous,
nitrogen, halogens,
carboxyl or carboxalate
salt
Organic
dihydroxyphosphines,
phosphites, and sulfur
compounds
Polymethacrylates,
polyacrylamides,
alkylated napthalenes and
phenols
2002 data" c
Alkyl sulfonates,
phosphonates, alkyl
phenates, alkyl
phenolates, alkyl
carboxylates, and alkyl
substituted salicylates (all
combined with barium,
magnesium, zinc, calcium
or magnesium)
Alkenyl succinimides,
succinate esters, alkyl-
acrylic polymers, ashless
compunds, mannic
reaction products
Fatty acids, fatty amides,
and fatty alcohols
Alkyl sulfides,
polysulfides, sulfurized
fatty oils, alkyl phosphites
and phosphates, metal and
ashless dithiophosphates
and carboxylates, metal
dithiocarbamates, and
metal triborates
Metal dithiophosphates,
metal phenates, aromatic
amines, phosphites,
organic complexes
containing nitrogen or
sulfur
Polymethacrylates,
polyfumarates,
polystryrene esters,
alkylated naphtalenes, and
oligomerized alkyl
phenols
33
-------
Name of
Additive
Rust Inhibitor
Seal Swell
Agents
Tackiness Agent
Viscosity Index
Improver
Function
To react chemically with
steel surfaces to form an
impervious film
To swell elastomeric
seals
To improve adhesive
qualities of base oil
To retard loss of
viscosity at high
temperatures
Composition
1984 data"
Sulfonates, alkylamines,
amine phosphates,
alkenylsuccinic acids,
fatty acids, and acid
phosphate esters
***
Polyacrylates and
polybutenes
Isobutylene polymers and
acrylate copolymers
2002 data" c
Metal alkylsulfonates,
alkylamines, alkyl amine
phosphates,
alkenylsuccinic acids,
fatty acids, alkylphenol
ethoxylates, and acid
phosphate esters
Organic phosphates,
aromatic hydrocarbons
Polyacrylates and
polybutenes
Polyisobutylene,
polymethacrylates,
styrene-diene copolymers,
stryrene polyesters,
polyacrylates, and olefin
copolymers
Sources:
a. Composition and Management of Used Oil Generated in the United States, Table 10
b. American Chemistry Council
c. Lubrizol Corporation
34
-------
Appendix C-2. Typical Additives in Metalworking Fluids
Additive
Alkaline reserve
Antifoamant
Antimist Agent
Antiodorant
Antioxidant
Biocide
Chelator
Corrosion Inhibitor
Coupling Agent
(hydrotropes)
Dispersant
Dye
Emulsifier
Function
Maintains fluid pH
Prevents the formation of foam
Reduces aerosol formation
Improves odor
Reduces oxidation of fluid
Control bacteria and mold
Reduces hard water effects
Prevents oxidation on parts and
machines
Improves the solubility of the
various additives
Suspends fluid contaminants
Aesthetic, identification
Disperses oil in water, improves
wetting of part
Composition
Alkanolamines (monoethanolamine,
triethanolamine), polymers, amides,
organic esters, alkali hydroxides (Na,
K)
Silicone polymers, methyl acrylic
polymers, stearates long chain fatty
alcohols, waxes, calcium nitrate,
acetate
Polyisobutylene polymer,
apolyacrylates, polyethylene oxide
Citrus products, aldehydes, natural or
synthetic aromatic compounds
Alkylated phenol
Triazine, oxazolidine,
nitromorpholine, sodium omadine,
polymeric quats, bromonitriles,
phenols (substituted including p-
chloro-m-cresol), halogen substituted
carbamates, isothiazolone derivatives
Sodium EDTA, phosphonates,
gluconates
Calcium sulfonate, sodium sulfonates,
fatty acid soaps, amine salts of boric
acid, carboxylic acids
Hexylene glycol, fatty alcohols, short
chain ethers
Polyamides, sulfonates
Azo types, fluorescein
Petroleum sulfonate, sodium
sulfonates, synthetic sulfonates, fatty
acid salts and amides, nonionic
surfactants, nonionic ethoxylates,
amphoterics
35
-------
Additive
Extreme Pressure
Agent
Humectants
Metal Passivator
Oiliness/Lubricity
Agent
Plasticizer
Surfactant
Thickener
Function
Provides lubrication under high
pressure
Reduce tackiness on machines and
parts
Protects newly exposed metal from
corrosion
Increases film strength
***
Improve wetting and cleaning
Increase viscosity
Composition
Sulfurized fatty acid esters, sulfurized
hydrocarbons, chlorinated paraffins
and waxes, chlorinated fats and
esters, phosphate esters, phosphorus
derivatives
Polymeric esters, polymeric ethers
Triazol
Vegetable oil, fatty acid esters, high
molecular weight esters, glycol esters,
ethylene oxide -propylene oxide
(EO/PO) block copolymers, naturally
occurring triglycerides, graphite,
molybdenum disulfide,
polytetrafluoroethylene (PTFE)
Glycol ether
Alkoxylated alcohols, alkoxylated
nonylphenols
Polyethers, polyvinyl alcohols, acrylic
acid esters
Sources: OSHA's Metalworking Fluids: Safety and Health Best Practices Manual, Appendix 2 (2001),
Industrial Lubricant Manufacturers Association (ILMA), and Lubrizol Corporation
36
-------
Appendix C-3. Percentages of Chlorinated Paraffin in Metalworking Fluids a'b
Metal Working Fluid
Drawing compounds
Soluble oil for cutting
fluids
Soluble oil for special
and severe grinding
operations
Semi-synthetic cutting
fluids
Formula 1
20.0 %
NL
15.0 %
NL
Formula 2
10.0 %
3.0%
6.0 %
4.0 %
Formula 3
NL
11.5%
18.0%
NA
Notes:
NA = Not Applicable
NL = Not listed as an ingredient
a. Chlorinated paraffin is a 60% chlorinated paraffin solution
b. Percentages indicate percent by weight
37
-------
Appendix C-4. Halogenated Biocide Additives for Lubricants and Chemical Compound
Active Ingredients
Product Name
Chemical Compound
PC
Code"
DOWICIL 150 ANTIMICROBIAL
CHLOROALLYL)-3,5,7-TRIAZA-1 -
AZONIAADAMANTANE CHLORIDE
017902
DOWICIL 75 PRESERVATIVE
TRIAZA-1 -AZONIAADAMANTANE
017901
A-261
A-265
BIOBROM C-103L
BIOBROM C-100G
BIOSPERSE 244
BULAB 6087
DEARCIDE 723
DOW ANTIMICROBIAL 7287
DOW ANTIMICROBIAL 8536
DOW TIME-RELEASE
ANTIMICROBIAL MWF
H-434 MICROBIOCIDE
IPC 8950
SLIMICIDE 508
X-CIDE 5009 BACTERICIDE
XD-8259
DIBROMO-2-
CARBAMOYLACETONITRILE
101801
38
-------
Product Name
ACTICIDE WP
ACTICIDE 14F
ACTICIDE RS-F
ACTICIDE SPX
AMERSTAT251
BETZ DE-5556
BIOBAN 2000
BIOCHEK 430
BIOSPERSE 250
BIOSPERSE 4505
BODOXIN
BPC 68915
BUS AN 1174
ISOCILMW-14
ISOCIL IG-C
KATHON 886 MW
KATHON 886 MW 1.5%
KATHON 886F
MERGAL K12N
NIPACIDE CBX
NIPACIDE CI
NIPACIDE CI 15
SF-886 TECHNICAL INDUSTRIAL
MICROBICIDE
TROY MERGAL K14
WSKT
WSKT-10
X-CIDE 207 INDUSTRIAL
MICROBIOCIDE
2K7 BUGSTICK
BETZ DE-5556
BRONOPOL PRESERVATIVE
MERGAL K12N
MYACIDES1
MYACIDE S2
MYACIDE S15
MYACIDE S30
CANGUARD 777
Chemical Compound
ISOTHIAZOLONE, 5-CHLORO-2-
METHYL
BROMO-2-NITRO-l,3-
PROPANEDIOL
BENZENE, (2-BROMO-2-
NITROETHENYL)
PC
Code"
107103
216400
101401
39
-------
Product Name
KATHON 287T
B-7-1
B-7-2
B-7-3
B-7-4
B-7-5
B-7-6
B-7-7
B-7-8
B-7-9
B-7-10
B-7-1 1
B-7-12
B-7-13
B-7-14
B-7-15
B-7-16
B-7-17
B-7-18
B-7-19
B-7-20
B-7-2 1
B-7-22
B-7-23
B-7-24
B-7-25
BUSAN 77
WSCP 15
WSCP 20
WSCP 30
WSKT
WSKT-10
BUSAN 1024
Chemical Compound
ISOTHIAZOLONE, 4,5-DICHLORO-
2-OCTYL
POLY(OXY-1,2-
ETHANEDIYL(DIMETHYLIMNIO) 1 ,
2-ETHANEDIYL(DIMETHYLIMNIO)
-1,2-ETHANEDIYL DICHLORIDE)
METHYL-3 ,5 ,7-TRIAZA- 1 -
AZONIAADAMANTANE CHLORIDE
PC
Code"
128101
069183
128889
40
-------
Product Name
BIOCHEK410
BIOCHEK 430
TEKTAMER 38
TEKTAMER 38 LIQUID
CONCENTRATE
TEKTAMER 38 A.D.
THE CLEANER
DANTOGARD PLUS LIQUID
ANTHIUM DIOXCIDE
CARNEBON 200 2% AQUEOUS-
STABILIZED CHLORINE DIOXIDE
OXINE
CHEMSICO SURFACE
DISINFECTANT
CHEMSICO SURFACE
DISINFECTANT
PREVENTOL BP, 75% IN
ISOPROPANOL
PREVENTOL CMK PRESERVATIVE
PREVENTOL CMK 40
PREVENTOL CMK-NA
FORMULATION- INTERMEDIATE
PREVENTOL WB PLUS
ASEPTROL WTS-7.05
VANTOCIL IB MICROBIOCIDE
Chemical Compound
BROMO-2-
(BROMOETHYL)GLUTARONITRILE
C12-16-
ALKYLBENZYLDIMETHYLAMMO
NIUM CHLORIDE
CARBAMIC ACID, BUTYL-, 3-IODO-
2-PROPYNYL ESTER
CHLORINE OXIDE
BTC 2125, COMPONENT OF (WITH
069111)
C 1 2- 1 4-ALKYL(ETHYLBENZYL)
DIMETHYL AMMONIUM
CHLORIDES
BENZYL-P-CHLOROPHENOL
CHLORO-M-CRESOL
SODIUM 4-CHLORO-3-CRESOLATE
SODIUM CHLORITE
POLY
(HEXAMETHYLENEBIGUANIDE
HYDROCHLORIDE)
PC
Code"
111001
069105
107801
020503
069104
069154
062201
064206
064205
020502
111801
The PC Code is EPA's Office of Pesticide Programs unique chemical identifier.
41
-------
Appendix D. EPA Letters that Address the RCRA Used Oil Rebuttable Presumption
The widespread use of the Internet has eased the distribution of letters prepared by Office of
Solid Waste program staff in response to fact-specific inquiries. Many of the letters are available
to the public through the following RCRA on-line Internet address:
http://www.epa.gov/rcraonline/index.htm. Sixteen letters specifically address the RCRA used oil
rebuttable presumption and are identified below. The letters have been grouped by the more
specific topics below.
Used Oil Rebuttable
Presumption Topic
Mixtures of used oil and
hazardous waste
"significant concentrations"
CFC and HCFC recycling
Household hazardous waste
exclusion
Inorganic halogens for
rebuttal
Used oil tank bottoms and
TC
Used oil and "RCRA empty"
Date
October 22, 1984
May 15, 1989
Februarys, 1996
February 28, 1986
April 8, 1986
December 1, 1992
March 1, 1999
Aprils, 1993
July 11, 1994
December 1, 1996
August 1, 1999
April 8, 1994
September 28, 1994
September 15, 1986
September 1, 1994
September 12, 1994
Faxback Numbers
12319
13282
14058
12567
12608
13579
15000
11735
11850
14051
14400
11828
11875
12738
13697
11870
42
-------
Appendix E. Rebuttable Presumption Flowchart
Is the used oil
known to be
mixed with listed
hazardous waste?
Is the total
halogen content in
the used oil above
1,000 ppm?
No
Does a regulatory exclusion
apply?
Manage as
Hazardous Waste
recycled?
• Has the used oii been mixed with
CESQG hazardous waste?
• Has the used oil been mixed with
RCRA-exernpt waste?
Used oil
presumed to be
mixed with
listed
hazardous
waste
Manage as
Used Oil under
Part 279
Yes
Does the used oil
contain significant
concentrations of
halogenated hazardous
constituents?
Yes
Can the handler
document the source of
the halogenated
hazardous constituents as
other than listed
hazardous waste?
------- |