United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-K-02-025I
October 2001
&EPA
RCRA, Superfund & EPCRA
Call Center Training Module
Introduction to:
Used Oil
(40 CFR Part 266, Subpart E and Part 279)
Updated October 2001
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DISCLAIMER
This document was developed by Booz Allen Hamilton Inc. under contract 68-W-01-020 to EPA.
It is intended to be used as a training tool for Call Center specialists and does not represent a
statement of EPA policy.
The information in this document is not by any means a complete representation of EPA s
regulations or policies. This document is used only in the capacity of the Call Center training and
is not used as a reference tool on Call Center calls. The Call Center revises and updates this
document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency.
This document is not intended and cannot be relied upon to create any rights, substantive or
procedural, enforceable by any party in litigation with the United States.
RCRA, Superfund & EPCRA Call Center Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Call Center is open from 9 am to 5 pm Eastern Time,
Monday through Friday, except for federal holidays.
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USED OIL
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 History and Background 3
2.2 Current Program 4
2.3 Former Program 18
3. Special Issues 23
3.1 Used Oil Filters 23
3.2 Tank Storage of Used Oil 23
3.3 CERCLA Liability Exemption for Service Stations 24
3.4 Effective Date and State Authorization 24
3.5 Used Oil Mixture Rule 25
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Used Oil -1
1. INTRODUCTION
This training module reviews the various regulatory requirements associated with
used oil management. Congress passed the Used Oil Recycling Act (UORA) in 1980,
requiring EPA to address the hazards posed by used oil, and develop a regulatory
scheme to ensure proper management and disposal practices. The provisions of the
UORA were incorporated into §3014 by the Hazardous and Solid Waste
Amendments to the Resource Conservation and Recovery Act (RCRA); however,
used oil emerged as a separate issue apart from hazardous waste. In developing
regulations for used oil, EPA has endeavored to balance the RCRA mandate to
protect human health and the environment with the RCRA mandate to conserve
resources through used oil recycling.
On November 29, 1985, EPA developed a used oil program that primarily regulated
used oil recycled by being burned for energy recovery. These regulations were
codified in Part 266, Subpart E. To fulfill the statutory requirement of RCRA §3014,
EPA finalized on September 10, 1992, standards establishing requirements for
generators, transporters, transfer facilities, collection centers, processors and re-
refiners, burners, and marketers in 40 CFR Part 279. The rule also included
provisions for cleanup in the case of a spill or release of used oil. The old program
in Part 266, although superseded on the federal level by Part 279, remains in effect in
many authorized states. As a result, some states are operating under the present
program and others are operating under the former program. For this reason it is
critical to be well-versed in both used oil programs.
The goal of this training module is to provide an overview of the used oil
management program and to explain the different regulatory scenarios that can
apply to used oil. The module begins by briefly tracing the developmental history of
the regulations concerning used oil. A summary of the present used oil
management program, as well as a brief summary of the former program, provides
a basic comparison and introduction to both programs. After you complete the
training session, you should be able to:
• Distinguish between the used oil management standards of Part 279 and the
former used oil regulations under Part 266, Subpart E
• Identify the different types of used oil handlers and their requirements under
the used oil management standards, and summarize the requirements for the
used oil handlers regulated under the former program
• Explain the difference between on- and off-specification used oil
• Distinguish between the recycling presumption and the rebuttable
presumption
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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2 - Used Oil
Describe how the present regulations will become effective in both authorized
and unauthorized states
Explain under what circumstances used oil filters may be disposed of as
nonhazardous
Describe the four pathways of potential regulation of used oil under the
former program and compare differences with the present used oil
management standards.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil - 3
2. REGULATORY SUMMARY
This summary of the regulatory provisions affecting the management of used oil for
the former and present used oil programs provides some basic references and
definitions which will be encountered throughout the module. The present
program, promulgated in the September 10, 1992, Federal Register (57 F_R 41566), is
codified in Parts 261 and 279. Under this program, used oil is defined as any oil that
has been refined from crude oil (or synthetic oil), that has been used, and as a result
of such use is contaminated by physical or chemical impurities. Types of oils
included in this definition are spent automotive lubricating oils, hydraulic fluids,
compressor oils from refrigeration units, and metal working oils. The former used
oil program defined used oil similarly, except that synthetic oils were not explicitly
included in the definition.
Though the former program was significantly narrower in scope than the present
program, several concepts were retained through the transition of the programs and
will be discussed in more detail later in the module. Although the former program
is no longer in the CFR, the preamble to the final rule promulgated in the
November 29, 1985, Federal Register (50 FR 49164), provides useful background and
regulations that are still in effect in many states. The following discussion in
Section 2.1 addresses the history and background of the used oil regulations.
2.1 HISTORY AND BACKGROUND
RCRA §3014 required EPA to decide whether or not to list used oil as regulated
hazardous waste under RCRA and to establish standards applicable to used oil
recycling. On November 29, 1985, EPA issued a proposed rule to list all used oil as
hazardous waste, including petroleum-derived and synthetic oils (50 £R 49164). On
the same day, management standards were proposed for recycled used oil and final
regulations were issued prohibiting burning off-specification used oil in
nonindustrial boilers and furnaces. By November 19, 1986, EPA decided not to list
used oil, primarily because of the possibility that characterizing used oil as a
hazardous waste might discourage or hinder recycling practices (51 FR 41900).
A 1988 court decision required EPA to reconsider listing used oil based on the
technical criteria for listing waste specified in the statute, rather than the effects
listing might have on the competing goal of recycling. Consequently, a
supplemental proposed rule published in the Federal Register on September 23,
1991, offered three options for regulating used oil recycling (56 FR 48000). The first
option was to identify all used oils as listed hazardous waste under RCRA.
Alternatively, EPA could have designated only certain used oils (primarily the
nonindustrial ones) as hazardous. The third option was to promulgate basic
management standards for used oil, and only categorize used oil as RCRA
hazardous waste when disposed.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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4 - Used Oil
Prior to making a final selection of one of the three approaches to recycled used oil
regulation, the final rule of May 20, 1992, stated that used oil destined for disposal
would not be listed as a hazardous waste (57 FR 21524). EPA said that most used oil
has the potential to be recycled, either through re-refining or burning for energy
recovery, and that when destined for disposal, the existing network of regulations
provides adequate protection from plausible mismanagement scenarios.
Additionally, an exclusion was added under §261.4(b)(13) stating that certain used oil
filters that have been properly drained may be disposed of as nonhazardous (see
Section 3.1 of this module for discussion). The Agency deferred the listing decision
on used oil destined for recycling at this time and any decision on management
standards for used oil.
On September 10, 1992, EPA promulgated both a final listing decision for recycled
used oil and management standards for used oil pursuant to RCRA §3014 (57 FR
42566). The Agency decided not to list recycled used oils because the management
standards issued in this rulemaking would adequately protect human health and
the environment. These standards affect generators, transporters, burners,
marketers, processors, and re-refiners of used oil. The management standards were
codified as Part 279. In this rule, the Agency stated that there is a presumption that
all used oil will be recycled until the used oil is disposed of or sent for disposal (57
FR 41578). Used oil that is disposed of will need to be characterized like any other
solid waste and need to be managed as hazardous if it exhibits a characteristic of
hazardous waste or if it is mixed with a listed hazardous waste.
2.2 CURRENT PROGRAM
The present program hinges on the presumption that most used oil will be recycled
instead of disposed. This means that virtually all used oil will be subject to the same
management standards under Part 279. The former program did not make this
presumption and therefore imposed variable requirements for used oil
management. The current used oil regulations also expanded the requirements that
used oil handlers must fulfill.
RECYCLING PRESUMPTION
In the September 23, 1991, supplemental notice of proposed rulemaking, the Agency
first introduced the idea of the recycling presumption (56 FR 48000). According to
industry data collected by the Agency, a majority of used oil that enters the recycling
system ends up being recycled either by being burned for energy recovery or by being
re-refined. These data led to the recycling presumption, which is a regulatory
provision that presumes used oil will be recycled.
In cases where used oil handlers cannot recycle their used oil, the Agency proposed
different criteria for rebutting the recycling presumption. In the September 10, 1992,
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil - 5
final rule, however, EPA decided that establishing specific criteria was not feasible or
necessary. Because the Agency assumes all used oil will be recycled, it is only when
used oil is sent for disposal that it is no longer subject to the Part 279 standards. The
recycling presumption simplifies the used oil management system by ensuring that
handlers need only comply with one set of standards.
WHAT IS USED OIL?
Used oil is defined as any oil that was refined from crude oil or any synthetic oil,
and that is used and as a result of such use is contaminated by physical or chemical
impurities. Used oil and waste oil are not interchangeable terms. Waste oil or oily
waste does not always meet the definition of used oil. Bottom waste from an oil
storage tank or virgin oil spill residue may be contaminated with impurities but still
not meet the definition in §279.1 because these materials have never been used.
MIXTURES
One confusing aspect of the present used oil management standards involves
mixtures of used oil and other materials. This section discusses mixtures of used oil
with hazardous and solid waste, as well as products, and how these mixtures are
regulated. The rebuttable presumption, outlined below, begins to address mixtures
of used oil and hazardous wastes.
Rebuttable Presumption
Mixtures of hazardous waste and used oil ordinarily would be classified as
hazardous waste. From an enforcement point of view, however, the Agency cannot
always determine if used oil has been mixed with a hazardous waste, so EPA decided
to use an objective test. Since hazardous spent halogenated solvents were often
found to be mixed with used oil, EPA established the "rebuttable presumption"
addressing halogen levels. The concept of the rebuttable presumption was
established in the former regulations, and its basic premise is retained in the present
program.
Used oil that contains more than 1,000 parts per million (ppm) of total halogens is
presumed to have been mixed with a regulated halogenated hazardous waste (i.e.,
spent halogenated solvents), and is therefore subject to applicable hazardous waste
regulations. A person may rebut this presumption by demonstrating, through
analysis or other documentation, that the used oil has not been mixed with
halogenated hazardous waste. One way of doing this is to show that the used oil
does not contain significant concentrations of halogenated hazardous constituents
(50 FR 49176; November 29, 1985). If the presumption is successfully rebutted,
meaning the oil is not considered to have been mixed with a regulated hazardous
waste, then it will be subject to the used oil management standards instead of the
hazardous waste regulations.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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6 - Used Oil
The Agency believes, however, that some oils can become contaminated with more
than 1,000 ppm halogens just through the normal use of the oil, without actually
mixing the used oil with a hazardous waste. In the present program, the Agency
amended the former regulations to exempt two specific types of used oil from the
rebuttable presumption. Both metalworking oils containing chlorinated paraffins
and used refrigeration compressor oils containing chlorinated fluorocarbons (CFCs)
are exempt from the rebuttable presumption. In other words, if a person generates
one of these types of used oil, that person does not have to prove that the oil has not
been mixed with a hazardous waste, even though it may contain more that 1,000
ppm total halogens. The rebuttable presumption is codified in §261.3(a) (2) (v), under
the definition of hazardous waste, and in Part 279, Subpart B, under applicability, as
well as under the requirements for generators, transporters, processors, and burners.
Mixtures of Used Oil and Hazardous Waste
The present regulations, like the former, require that mixtures of used oil and listed
hazardous waste continue to be regulated as hazardous waste and managed
according to all applicable hazardous waste standards. This straightforward
principle for mixtures of used oil and listed waste does not apply to mixtures of used
oil and characteristic hazardous waste. The present regulations lay out two
scenarios for mixtures of used oil and characteristic waste. The first scenario
involves used oil that is mixed with a waste that is hazardous solely because it
exhibits the characteristic of ignitability. If the resultant mixture is no longer
ignitable, then the mixture can be managed as used oil, despite the inherent
characteristics that the used oil may bring to the mixture (§279.10(b)(2)(iii)). The
second scenario involves used oil mixed with a waste that is hazardous because it
exhibits one or more characteristic of hazardous waste (other than just ignitability).
The resultant mixture must no longer exhibit any characteristics if it is going to be
managed as used oil (§279.10(b)(2)(i) and (ii)).
The difference in the two scenarios is critical because used oil will often inherently
exhibit a characteristic from its normal use. For example, used oil that displays the
toxicity characteristic for lead (D008) is mixed with an ignitable hazardous waste
(D001). Section 279.10(b)(2)(iii) allows this mixture to remain under the umbrella of
used oil regulation even if it fails the Toxicity Characteristic Leaching Procedure
(TCLP) for lead (D008), as long as the mixture is no longer ignitable. On the other
hand, if the D008 used oil had been mixed with a reactive waste (D003), then the
resultant mixture would need to be void of both characteristics in order to be
managed as used oil. Otherwise, the mixture would need to be managed as
hazardous waste.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil - 7
Mixtures of Used Oil with Solid Waste
Unlike mixtures with hazardous waste, any mixture of used oil with solid waste or
any material contaminated with or containing used oil is regulated under the Part
279 standards as used oil. Once the used oil has been properly drained or removed
from the mixture to the extent possible (i.e., no visible signs of free-flowing oil), the
solid waste is no longer subject to regulation as used oil, but rather is classified as a
solid waste. Any used oil separated from this type of mixture remains subject to all
applicable Part 279 standards. The exception to this is that a solid waste from which
free-flowing used oil has been removed is still subject to regulation as used oil if it is
burned for energy recovery.
Mixtures of Used Oil with Products
The blending of used oil generated in diesel-powered vehicles with diesel fuel is
excluded from the processing and re-refining standards when the mixture is used in
the generator's own vehicles as a fuel. The mixture itself is also specifically
excluded when used in this manner. Diesel engine manufacturers recommend this
practice, and the Agency has found that the resultant fuel is low in toxic
contaminants. In addition, as stated earlier, diesel and marine engines are not
covered by the standards for used oil burners.
Other Mixtures
Used oil that is considered to be a hazardous waste solely because it exhibits one or
more characteristic of hazardous waste (§§261.21-261.24), because it has been mixed
with hazardous waste subject to the special provisions of §261.5 for conditionally
exempt small quantity generators (CESQGs), or because it has been mixed with
household hazardous waste is subject to regulation as a used oil, not as a hazardous
waste.
MATERIALS DERIVED FROM USED OIL
Section 279.10(e) dictates when a material is no longer subject to regulation as used
oil. Specifically, materials that are reclaimed from used oil and are used beneficially
without being burned for energy recovery are not considered used oil and are not
subject to the Part 279 standards. These materials are also not considered solid waste
and would, therefore, not be subject to regulation under any part of RCRA.
Materials produced from used oil that are burned for energy recovery are regulated
as used oil and are subject to Part 279. Materials derived from used oil that are
disposed of or used in a manner constituting disposal are not considered used oil,
but instead are considered solid wastes and subject to all applicable solid and
hazardous waste standards.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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8 - Used Oil
CONDITIONAL EXEMPTIONS
As with any rule or set of regulations, there are always some exceptions. Along
these lines, some types of used oil are conditionally exempt from the Part 279
standards when managed in accordance with §279.10.
Distillation and Tank Bottoms from Exempt Mixtures
Distillation bottoms from re-refining used oil are excluded from Part 279 regulation
and hazardous waste regulation when the bottoms are used as ingredients in asphalt
paving and roofing materials. Because data indicate that these distillation bottoms
do not exhibit the toxicity characteristic and the practice is common in the industry,
the Agency has decided not to regulate them when used in this manner.
Crude Oil Pipelines
Used oil that is inserted into a crude oil pipeline is not subject to Part 279 standards
once the used oil enters the pipeline or when it is placed in a stock tank connected to
the pipeline. The Agency believes that once introduced into a pipeline, used oil
does not pose a greater threat of a release than either crude oil or natural gas liquids.
Therefore, owners and operators of natural gas and crude oil processing plants can
introduce used oil into their pipelines or stock tanks that are connected to the
pipeline without meeting Part 279 standards. Prior to placement in the pipeline,
however, the oil is subject to all applicable used oil management standards. A
mixture of used oil and crude oil or natural gas liquids where the amount of used
oil is less than one percent the total volume of the mixture is not subject to
regulation during storage and transportation prior to insertion into the pipeline.
Petroleum Refineries
In the May 4, 1994, Federal Register (59 FR 10550), the pipeline exemption was
expanded to include certain activities at petroleum refining facilities. For instance, a
mixture of crude oil or natural gas and less than one percent used oil is not subject
to Part 279 if the mixture is inserted into the refining process prior to crude
distillation or catalytic cracking (these are the first steps in petroleum refining where
crude oil is separated and impurities are removed). This provision is similar to the
exemption for crude oil or natural gas pipelines. At a petroleum refinery, as crude
oil is piped in, used oil may be inserted into a petroleum refinery process unit before
distillation or catalytic cracking without being subject to Part 279, as long as the used
oil constitutes less than one percent of the crude oil feed at any given time. Used oil
that is inserted into the refining process after distillation or catalytic cracking would
only be exempt if the used oil meets the specifications in §279.11. In both of the
situations noted above, prior to insertion the used oil is subject to any applicable
Part 279 requirements. Another situation where used oil may be exempt from Part
279 at a petroleum refining facility is when used oil is incidentally captured by a
hydrocarbon recovery system or wastewater treatment system as part of routine
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil - 9
process operations. On the other hand, if the used oil is intentionally introduced to
a hydrogen recovery system, it will not be exempt. Incidental occurrences may
include drips, leaks, and spills from compressors, valves, and pumps.
Wastewater
Wastewaters contaminated with de minimis quantities of used oil are also excluded
from the present requirements because these wastewaters are regulated by the Clean
Water Act. De minimis quantities of used oil are small spills, leaks, or drippings
from pumps, machinery, pipes, and other similar equipment during normal
operations, or when small amounts of oil are lost to the wastewater treatment
system during washing or draining. Any used oil that is recovered from
wastewater, however, falls under full regulation as used oil.
PCBs
Used oils that are contaminated with PCBs in concentration of 50 ppm or greater are
subject to regulation under the Toxic Substances Control Act (TSCA) (§279.10). EPA
believes that the current requirements in TSCA for PCB-contaminated wastes
adequately control the management and disposal of used oils containing PCBs.
Therefore, used oil that contains 50 ppm or more of PCBs is not subject to the
requirements of Part 279.
SPECIFICATION
For purposes of regulating used oil burned for energy recovery, the Agency made a
distinction between specification and off-specification used oil. Specifications are a
set of criteria intended to be protective of human health and the environment in all
circumstances. Used oil that meets the specification levels is comparable to a
product fuel oil in terms of regulation. Used oil that is tested and is not within
these set parameters is termed off-specification. Once used oil has been shown not
to exceed specification levels, it is not subject to the restrictions on burning in Part
279, Subpart G. Off-specification used oil can only be burned for energy recovery in
industrial and utility boilers, industrial furnaces, used oil-fired space heaters, and
hazardous waste incinerators regulated under Part 264/265, Subpart O. The first
person to document that the used oil being burned for energy recovery meets the
specification criteria is considered the marketer of the used oil and is responsible for
meeting the recordkeeping requirements of §§279.72, 279.73, and 279.74(b).
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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10-Used Oil
Criteria
Section 279.11 outlines the specification levels and prescribes the amount of
regulation that applies to specification and off-specification used oil under Part 279
when the used oil is to be burned for energy recovery. Both types of used oil may be
burned for energy recovery, but off-specification used oil is subject to certain
prohibitions. Used oil is considered to be off-specification if it has a flash point
below 100 degrees Fahrenheit, or contains more than the allowable levels of any of
certain constituents.
The following table lists the allowable levels of constituents in used oil. Used oil
exceeding any of these levels is considered off-specification.
Constituent Allowable Level
Arsenic 5 ppm maximum
Cadmium 2 ppm maximum
Chromium 10 ppm maximum
Lead 100 ppm maximum
Total Halogens 4,000 ppm maximum
Blending
Blending used oil to meet specification is permitted, since EPA believes blended oil
poses no greater hazard than dirty virgin fuel oil. Used oil with over 1,000 ppm
total halogens, however, may not be blended to lower the halogen level below 1,000
ppm in order to apply the rebuttable presumption and call it nonhazardous; the
rebuttable presumption must be applied to the used oil before it is blended with
other materials. A used oil handler blending used oil for purposes of meeting
specification would be subject to the processor and re-refiner regulations in Part 279,
Subpart F.
GENERAL PROHIBITIONS
Section 279.12 codifies specific prohibitions on the management of used oil. Used
oil cannot be stored in a surface impoundment or waste pile, unless the unit is
subject to regulation under Parts 264 and 265. Also, the use of used oil for road
oiling or as a dust suppressant is prohibited, unless a state petitions EPA to allow
this activity provided it meets the specified conditions in §279.82. The state must
demonstrate in the petition how the state's program will minimize the
environmental impacts of such activity. Another general prohibition addresses
burning off-specification fuel in certain units. Burners may only burn used oil in an
industrial boiler or furnace as defined in §260.10, in a hazardous waste incinerator
subject to regulation under Part 264/265, Subpart O, or in a used oil-fired space
heater. When burning in a space heater unit, the owner or operator must either
generate the oil he burns himself or receive it from do-it-yourself oil changers. The
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil - 11
maximum capacity of the device may not exceed 0.5 million Btu per hour and
combustion gases must be vented to the ambient air (§279.12(c)(2)(iii)).
USED OIL GENERATORS
A used oil generator is any person, by site, whose act or process produces used oil or
whose act first causes used oil to become subject to regulation. Because the
generation of used oil is so widespread, with generators ranging from multinational
corporations to local service stations, used oil generators are subject to limited
standards under Part 279, Subpart C. The recycled used oil standards place basic
requirements on storage and require compliance with the rebuttable presumption
for all generators of used oil.
Exceptions
Certain used oil generators are not subject to the regulations in Subpart C of Part 279.
These include the following: (1) household do-it-yourselfers (DIYs) — individuals
who generate used oil from the maintenance of their personal vehicles or other
household sources; (2) vessels at port or at sea; (3) generators after mixing diesel fuel
and used oil to be used in their own vehicles as a fuel; and (4) farmers who, in a
month, generate no more than 25 gallons of used oil from farm vehicles or
machinery (§279.20(a)).
Storage
The primary requirements placed on generators involve good housekeeping
practices for storing used oil on site. Used oil can only be stored in containers and
tanks that are in good condition; i.e., free of any visible spills, leaks, structural
damage, or deterioration (§279.22(b)). Containers, aboveground tanks, and fill pipes
used to transfer used oil into underground storage tanks need to be clearly marked
with the words "Used Oil" to prevent incidental mixing of used oil with hazardous
waste or other materials. Used oil can also be stored in units already subject to
regulation under Parts 264 and 265, such as lined surface impoundments, and in
underground storage tanks (USTs) subject to regulation under Part 280. Generators
of used oil have no time or quantity limitations on storing used oil because the
Agency feels that used oil is a marketable commodity; therefore, there is an
incentive for the generator to send used oil off-site for recycling. In the event of a
release from one of these units to the environment, the generator must comply
with the response measures set forth in §279.22(d), which include stopping and
containing the release, properly managing any used oil or contaminated materials,
and repairing or replacing the leaking container or tank. Releases from
underground storage tanks that are subject to UST corrective action are regulated
under Part 280 standards for USTs, not under Part 279.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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12-Used Oil
Burning
Generators can burn their own used oil and DIY-generated used oil in used oil-fired
space heaters without complying with regulations for used oil burners in Part 279,
Subpart G. The heaters must have a maximum capacity of 0.5 million Btu per hour
and the combustion gases must be vented into the ambient air.
Processing
Used oil generators that process or re-refine used oil are also subject to regulation
under Part 279, Subpart F. There are some activities, however, that a generator may
engage in that would not be considered processing, and thus not subject to Subpart
F. There are five activities that a generator may perform and not be considered a
processor as long as the used oil was generated on-site and it is not being sent
directly off-site to a burner. A generator may: (1) filter, clean, or recondition used oil
to be reused by the generator; (2) separate used oil generated on-site from wastewater
to meet Clean Water Act regulations prior to discharge of the wastewater; (3) capture
used oil droplets in the air by a mist collector to make in-plant air amenable for
recirculation; (4) drain or remove used oil from materials containing or
contaminated with used oil; and (5) filter, separate, or recondition used oil before
burning it in a space heater on-site. The March 4, 1994, Federal Register, amended
the generator requirements to clarify that these activities would not subject a
generator to the processing regulations in Subpart F (59 FR 10550).
Off-Site Shipments
A generator is allowed to transport some of his/her own used oil and used oil
collected from DIY generators provided the following conditions are met: (1) the
generator must bring the used oil to either an approved collection center or self-
owned or -operated aggregation point; (2) the used oil must be delivered in
shipments of 55 gallons or less; and (3) the used oil must be transported in a vehicle
owned by the generator or an employee of the generator. The generator can also
have his used oil transported by a transporter without an EPA identification
number if a tolling arrangement is made in accordance with the regulations in
§279.24(c). In all other situations, generators must ensure that their used oil is
transported by a transporter who has obtained an EPA ID number.
USED OIL COLLECTION CENTERS AND AGGREGATION POINTS
To encourage and facilitate the recycling of used oil from small sources, the Agency
created reduced requirements for used oil collection centers and aggregation points
in Part 279, Subpart D.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil-13
Do-It-Yourselfer Used Oil Collection Centers
Under Part 279, Subpart D, there are two types of used oil collection centers, DIY
used oil collection centers and used oil collection centers. A DIY used oil collection
center is any site or facility that stores or accepts or aggregates used oil collected only
from people who generate used oil in their homes (i.e., household DIY used oil
generators). Owners and operators of DIY used oil collection centers need only
comply with the generator standards in Part 279, Subpart C.
Used Oil Collection Centers
The present regulations define a used oil collection center to mean any site or
facility that is registered, licensed, permitted, or recognized by a state, county, or
municipal government to manage used oil and accept, aggregate, or store used oil
collected from used oil generators regulated under Part 279, Subpart C. The used oil
generator must deliver the used oil in shipments of 55 gallons or less. Used oil
collection centers may also accept used oil from household do-it-yourselfers.
Used Oil Aggregation Points
A used oil aggregation point means any site or facility that accepts, aggregates, or
stores used oil collected only from other used oil generation sites owned or operated
by the owner or operator of the aggregation point. The used oil must be transported
to the aggregation point in shipments of no more than 55 gallons. Used oil
aggregation points may also accept used oil from household do-it-yourselfers.
USED OIL TRANSPORTERS AND TRANSFER FACILITIES
A used oil transporter is any person who transports used oil, collects used oil from
more than one generator and transports the collected used oil, or owns or operates a
used oil transfer facility. Used oil transporters may consolidate or aggregate used oil
for the purposes of transporting and may conduct incidental processing operations
that occur during the normal course of transportation (e.g., separating water from
used oil that has settled during the aggregation or transportation process).
Transporters who otherwise produce used oil-derived products or make these
products more amenable for production are considered used oil processors.
Before the present used oil management standards, transporters of used oil were not
regulated under RCRA. Now used oil transporters must not only notify EPA of
their activities, but must also track their shipments and maintain compliance with
the rebuttable presumption. The management standards of Part 279, Subpart D are
similar to regulations for hazardous waste transporters in many respects, including
a provision for used oil transfer facilities.
Like generators, used oil transporters who engage in other used oil management
practices must follow the applicable standards in Part 279. For example, a
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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14-Used Oil
transporter who processes used oil must also comply with the requirements for used
oil processors and re-refiners in Part 279, Subpart F, including transporters who
blend used oil with virgin oils to meet specification. Transporters, however, may
conduct incidental processing operations and consolidation for the purposes of
transportation in compliance with §279.41 without being considered a processor or
re-refiner.
Storage
As with the hazardous waste regulations, used oil transporters may store used oil at
transfer facilities for a limited time during the normal course of transportation.
EPA defines transfer facility as any transportation-related facility including loading
docks, parking areas, and other areas where shipments of used oil are held for more
than 24 hours and less than 35 days during the normal course of transportation.
Transfer facilities that store used oil for more than 35 days are subject to Part 279,
Subpart F, standards for used oil processors and re-refiners. Facilities that store used
oil for less than 24 hours do not meet the definition of used oil transfer facility and
would not be subject to these requirements.
Transfer facilities and transporters can store used oil in the same units as generators,
but must supply secondary containment for the storage units in accordance with
§279.45. If a release occurs during the course of transportation, the transporter is
required to take "appropriate and immediate action to protect human health and
the environment" (§279.43(c)).
Rebuttable Presumption
The used oil management standards require transporters to apply the rebuttable
presumption to all shipments of used oil. They must determine the total halogen
content of used oil prior to accepting a shipment for transport.
If the total halogen content exceeds 1,000 ppm, the used oil is presumed to have
been mixed with a halogenated hazardous waste. If the presumption of mixing can
be rebutted by documenting the source of the halogens, then the used oil can be
managed as used oil. Otherwise, the used oil contaminated with halogens is
regulated as hazardous waste under applicable solid and hazardous waste
requirements.
BURNERS OF USED OIL FUEL
The used oil program only regulates the burning of off-specification used oil. The
burning of used oil that meets the specification criteria in §279.11 is not regulated by
the burner standards in Subpart G. Off-specification used oil fuel can only be burned
in the following three types of devices:
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil-15
• Industrial furnaces — enclosed devices that use controlled flame combustion
to burn used oil or hazardous waste (limited to the 12 specific devices listed in
§260.10)
• Boilers — enclosed devices that use controlled flame combustion to burn
used oil or hazardous waste for energy recovery (must meet the four criteria
listed in §260.10)
• Hazardous waste incinerators subject to regulation under Part 264/265,
Subpart O.
By limiting the burning of off-specification used oil to these three types of devices,
the present program prohibits the burning of used oil in nonindustrial boilers,
including boilers located at single or multifamily residences; commercial
establishments such as hotels, office buildings, or laundries; and institutional
establishments such as hospitals, colleges, prisons, or churches.
The other major provision applicable to burners under Part 279 involves storage.
The storage requirements for burners are essentially the same as those for generators
discussed earlier; however, storage areas at burner facilities must be equipped with
secondary containment in accordance with §279.64.
USED OIL FUEL MARKETERS
The current regulations define a used oil fuel marketer as any person who either
(1) directs a shipment of off-specification used oil from that facility to a used oil
burner, or (2) first claims that the used oil going to be burned for energy recovery
meets the specification requirements.
Used oil marketers can be divided into two categories: those that market off-
specification used oil and those that market oil that meets specification. For each
category different regulations apply under Part 279, Subpart H. The used oil fuel
marketer requirements are applicable to anyone, including a generator, transporter,
processor, or burner of used oil, who engages in marketing activities or who first
claims that the used oil meets the specification criteria. Under the present
definition of marketer, it is impossible for someone to only be a marketer without
engaging in any other used oil management practices. For example, a used oil
generator who first directs a shipment of off-specification used oil to a burner is a
marketer as well as a generator and must comply with the applicable requirements
of Part 279, Subparts C and H.
Off-Specification Used Oil Marketers
Used oil marketers handling off-specification oil are subject to the prohibitions
found in §279.71, as well as analysis of used oil fuel and notification to EPA of
location and description of used oil management activities. In addition, they must
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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16-Used Oil
comply with the tracking requirements, including their EPA ID number, the name
and address of both the marketer and the receiving facility, the quantity delivered,
and the date of shipment.
Prior to initiating the first shipment to a burner or other marketer, a marketer must
acquire a one-time written and signed certification that the burner or marketer has
notified EPA of all used oil management activities and, if a burner, that the used oil
will only be burned in one of the allowable devices listed in §279.12(c). A marketer
must keep copies of all invoices for three years from the date received or prepared.
Also, copies of all off-specification certifications from other burners or marketers
must be kept for three years from the date of the last transaction with that person or
facility.
Specification Used Oil Marketers
Used oil marketers handling specification used oil must analyze the used oil fuel to
show that it meets specification, as well as notify EPA if the marketer is the first one
to claim the oil meets specification. An operating log must be kept for each
shipment, including the name and address of the receiving facility, quantity,
delivery date, and cross-reference to the record of analysis to show it meets
specification. Records of all waste analysis documentation and operating logs must
be kept for three years.
USED OIL PROCESSORS AND RE-REFINERS
Before the present used oil management standards were promulgated, used oil
processors and re-refiners were virtually unregulated. The only requirement placed
on them was that, like all other solid waste generators, they were required to make a
hazardous waste determination regarding any residues that were disposed. The
present regulations greatly increased the requirements for processors and re-refiners
by mirroring standards for hazardous waste treatment, storage, and disposal facilities
(TSDFs). These requirements include obtaining an EPA identification number and
complying with a used oil version of general facility standards.
Processing
Processing means any chemical or physical operation designed to produce or
facilitate the production of fuel oils, lubricants, or other used oil-derived products
from used oil. These operations include but are not limited to blending used oil
with virgin petroleum products, blending used oils to meet fuel specification,
filtration, simple distillation, chemical or physical separation, and re-refining.
Processing, however, does not include generators processing used oil generated on-
site for use on-site. If transporters or transfer facilities filter oil from oil-bearing
transformers before returning it to its original use, they would not be subject to
processing standards.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil-17
Storage
Processors and re-refiners are subject to the same storage standards, including
secondary containment, as transporters or burners (§279.54). Processors and re-
refiners, however, have no time or quantity limitations on storing used oil.
There is one major difference in the storage requirements for processors and re-
refiners. Processing facilities must comply with stringent closure requirements
(§279.54(h)). Both aboveground tanks and containers need to have all used oil
residues removed and any units still containing used oil or residues must be taken
off-site. The owner and operator must decontaminate or remove used oil residues
from all buildings, structures, and soils at the site. If the owner and operator cannot
demonstrate the absence of contaminated soils at the time of closure, then the
facility must be closed in accordance with hazardous waste landfill standards
(§279.54(h)(l)(ii)). Because the contaminated equipment will ultimately be disposed
of, hazardous waste regulations would apply if the equipment exhibits a
characteristic of hazardous waste.
General Facility Standards and Recordkeeping
Facilities that conduct processing are subject to general facility standards, similar to
interim status TSDFs (§279.52). These requirements include general facility
maintenance, fire and explosion prevention, emergency communication systems,
and release response plans. Every processing facility must have a contingency plan
to minimize the hazards to human health and the environment in the event of a
fire, explosion, or release of used oil.
Processors of used oil are also subject to tracking, planning, and recordkeeping
requirements: (1) the owner and operator must make a record of each shipment of
used oil that the facility accepts for processing in accordance with §279.56; (2) the
owner and operator must prepare an analysis plan that describes the procedures that
will be used in rebutting the presumption and determining if the used oil meets
specification requirements; and (3) the owner and operator must submit a biennial
report to the Regional Administrator containing information about the quantity of
used oil processed and the specific processes employed.
Rebuttable Presumption
The rebuttable presumption requirements for processors and re-refiners are similar
to the transporter requirements. Processors must determine the total halogen
content of the used oil prior to accepting the used oil shipment in accordance with
§279.53. If the presumption cannot be rebutted then the shipment is considered to
be hazardous waste and must to be managed by a hazardous waste TSDF.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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18-Used Oil
2.3 FORMER PROGRAM
The former used oil program in Part 266, Subpart E, is narrower in scope than the
present used oil management standards. The program regulates used oil being
burned for energy recovery, so the used oil handlers subject to regulation under this
program were marketers and burners of off-specification fuel. There were no
requirements for generators, transporters, collection centers, or processors/re-
refiners.
Many of the basic concepts from the former program have been retained in the
current program. For example, the rebuttable presumption, on- and off-specification
used oil, prohibitions on burning off-specification used oil, and the regulations for
marketers and burners are carried over from the former used oil management
program. Essentially, the regulations for marketers and burners are recodified in
Part 279, Subparts G and H, but for the sake of clarity, citations for Part 266, Subpart E,
are used throughout this section of the module.
Unlike the present used oil program, the former used oil program does not have a
recycling presumption, thus the regulation of used oil hinges upon the ultimate
destination of the used oil. There are four possible routes or pathways for the
management of used oil. The following section discusses these four routes or
pathways.
THE FOUR PATHWAYS
The former used oil regulations provide four options, or pathways, for final
disposition of used oil. The standards to which a used oil handler is subject depend
on the method of handling and the final destination of the oil.
Used Oil Sent for Disposal
Used oil sent for disposal can either be incinerated or land disposed. If the used oil
displays a characteristic of hazardous waste, its disposal is regulated under RCRA.
All applicable requirements under Parts 262 through 265 and 268 would need to be
met, as well as any applicable state or local environmental regulations.
Used Oil That Is Recycled
According to the former regulations, used oil that is recycled in a manner other than
being burned for energy recovery, and is only hazardous due to characteristics, is
exempt from Parts 262 through 266, 268, 270, and 124, and RCRA §3010 notification
per §261.6(a)(3)(iii). An example would be used oil that is being re-refined.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil-19
Used Oil Used in a Manner Constituting Disposal
Used oil used in a manner constituting disposal is addressed under §266.23(b). The
use of waste or used oil or other material that has been contaminated with dioxin or
any other hazardous waste (other than a waste identified as hazardous solely due to
ignitability) for dust suppression or road treatment is prohibited. In other words,
any used oil that exhibits one or more characteristic of hazardous waste, other than
ignitability, is banned from use as a dust suppressant.
Used Oil Burned for Energy Recovery
According to the former regulations, used oil that is burned for energy recovery is
subject to regulation under Part 266, Subpart E. These requirements are briefly
discussed later in this section.
MIXTURE RULE
As with the present program, used oil that has been mixed with a listed hazardous
waste is subject to regulation as hazardous waste and if burned must be handled in
accordance with the requirements of Part 266, Subpart H, or Part 264/265, Subpart O
(§261.3 (a) (2) (iv)). Mixtures of used oil and characteristic hazardous waste can be
managed in one of two ways, depending on whether or not the mixture exhibits a
characteristic. If the resultant mixture is void of characteristics, then it can be
burned as used oil under Part 266, Subpart E. If the mixture exhibits a characteristic
of hazardous waste, then it must be burned as hazardous waste in accordance with
the BIF standards in Part 266, Subpart H. Mixtures of used oil and characteristic
waste that still exhibit a characteristic and are not burned for energy recovery are
subject to all applicable hazardous waste regulations.
On the other hand, used oil that is considered to be a hazardous waste solely because
it exhibits one or more characteristic of hazardous waste (§§261.21-261.24) is
regulated as used oil. The used oil regulations also apply to used oil that exhibits a
characteristic because it has been mixed with hazardous waste subject to the special
provisions of §261.5 for conditionally exempt small quantity generators, or because it
has been mixed with household hazardous waste.
USED OIL BURNED FOR ENERGY RECOVERY
EPA estimates that over 800 million gallons of used oil are recycled each year, either
by burning for energy recovery or re-refining. Approximately 80 million gallons are
disposed of annually. Consequently, the majority of used oil regulations,
particularly in this program, are focused on those who generate, market, or burn
used oil for energy recovery purposes. The first question in considering regulatory
requirements for burning used oil under Part 266 is applicability: is the used oil
regulated under Subpart E or is it considered hazardous waste and subsequently
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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20-Used Oil
regulated under Subpart H? Figure 1 provides a flowchart to assist you in making
this determination.
REBUTTABLE PRESUMPTION
Originally, the rebuttable presumption was codified at §266.40(c). The present
program only amended it slightly by adding an exemption for refrigerator
compressor oils and some metalworking oils that become contaminated with
halogens through normal use. Also, the present regulations extend the applicability
of the rebuttable presumption to all used oil, not just used oil being burned for
energy recovery.
SPECIFICATION
Section 266.40(e) outlines the specification levels and prescribes the amount of
regulation that applies to specification and off-specification used oil under Part 266,
Subpart E. Used oil that meets specification under the former program is not
covered by the burning regulations in Part 266, Subpart E, and may be burned in
nonindustrial boilers and furnaces. Specification used oil is, however, subject to
requirements for notification, analysis, and recordkeeping.
GENERATORS OF USED OIL
Generators of used oil destined for energy recovery are not subject to regulation
under Part 266 unless they are also marketing or burning the used oil. Generators
who market used oil directly to a burner are subject to the standards applicable to
marketers (§266.43). If the generator burns the used oil he or she is subject to the
standards applicable to burners (§266.44). If a generator produces a used oil that
meets the definition of a hazardous waste and the material is destined for disposal,
the generator must comply with all applicable hazardous waste regulations.
MARKETERS OF USED OIL
When EPA promulgated Part 279, it recodified the requirements for marketers of
used oil, originally found in §266.43, as Part 279, Subpart H. The only difference
between EPA's regulations for marketers under the present and former programs is
that under the former program, it is possible for a person to be a marketer without
engaging in any other regulated used oil management practices.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil-21
Figure 1
BURNING FOR ENERGY RECOVERY
FORMER PROGRAM
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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22-Used Oil
BURNERS OF USED OIL
According to the former regulations, burners of used oil are subject to the general
requirements and prohibitions under §266.44(b). Notification, including the
location and a general description of used oil management activities, is required for
all burners with only two exceptions. Neither owners and operators of used oil-
fired space heaters nor burners that receive used oil that meets specification from a
marketer who has previously notified EPA need to notify. For marketers of off-
specification used oil, the burner must provide the marketer with a one-time
written and signed notice, certifying that EPA was notified of the used oil
management activities, and that the used oil will only be burned in a unit identified
in §266.41 (b).
Used oil fuel analysis is required for generators who are also burners unless they
have other data or documentation stating that the used oil meets specification
under §266.40(e). Burners who treat off-specification used oil fuel by processing,
blending, or other treatment in order to meet specification under §266.40(e) also
must obtain analysis or other documentation that the used oil meets the
specification. Burners must keep copies of all invoices received, copies of all waste
analysis information, and copies of all certification notices sent to marketers, and
retain them for three years.
Used crankcase oil from diesel engines is frequently blended with virgin diesel fuel
and burned in diesel engines or ship engines. Since they do not meet the definition
of either a boiler or an industrial furnace, however, diesel and marine engines are
not covered by these regulations (50 FR 49193; November 29, 1985).
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil - 23
3. SPECIAL ISSUES
Used oil management is itself a hot topic; in addition, there are some closely related
issues that callers often ask about. The following is a summary of these corollary
issues.
3.1 USED OIL FILTERS
In the September 23, 1991, Federal Register. EPA discussed exempting used oil filters
that had been properly drained and crushed from the definition of hazardous waste
(56 FR 48000). The Agency codified this exclusion in §261.4(b)(13) (57 FR 21531; May
20, 1992). The exclusion is limited to non-terne plated filters. Terne is described as
an alloy of tin and lead and may be used on filters found in heavy trucks or
equipment. In practice, it is difficult to differentiate between terne and non-terne
plated filters, and the generator of a used oil filter may have to contact the filter's
manufacturer to obtain this information. To meet the exemption the filters must
have the used oil removed from them in one of four ways. The filter may be
punctured and hot-drained, hot-drained and crushed, or hot-drained and
dismantled. Finally, any other equivalent hot-draining method may be used as long
as it removes the oil. The term "hot-drained" means that the used oil filter is
drained near engine operating temperature. EPA does not require the filter be
drained for a certain length of time; however, based on previous research, 12 hours
is recommended as adequate to remove the majority of the oil. If one of these four
methods is followed, the filter may be disposed of as nonhazardous.
3.2 TANK STORAGE OF USED OIL
Used oil is considered a "regulated substance" for the purposes of the underground
storage tank (UST) program, under the definitions in §280.12. Therefore, any
underground storage tank holding used oil that is destined for recycling, re-refining,
or burning for energy recovery would be regulated under Part 280 standards. Any
aboveground tank holding used oil under the same circumstances would be
regulated under 40 CFR Part 112 (Clean Water Act regulations) or state regulations.
Under the former used oil program, if a generator is storing used oil for disposal, the
tank is regulated under §262.34 and the applicable portions of Part 264/265, Subpart J.
Under the present program, since it is presumed used oil will be recycled, the
hazardous waste tank standards are not applicable. Instead, the Part 279 tank
standards and any relevant portions of the UST and Clean Water Act programs
apply. The present regulations specifically refer handlers to the requirements for
tank storage in these programs.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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24-Used Oil
3.3 CERCLA LIABILITY EXEMPTION FOR SERVICE STATIONS
Since 1986, §114(c) of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) has offered a recycled used oil exemption from CERCLA
liability to service station dealers (SSD), as defined in CERCLA §101(37). Because of
three conditions set forth in the statute, no person could be eligible for the
exemption until the present recycled used oil management standards in Part 279
were created. The first condition requires SSDs to be in compliance with
management standards promulgated pursuant to §3014 of RCRA. Since no
standards had been promulgated until September 10, 1992, the exemption had been
previously unusable. The second condition does not allow SSDs to mix used oil
with any hazardous substance. The third condition requires the SSDs to accept DIY-
generated used oil for recycling. The exemption is limited to generator and
transporter liability under CERCLA §§107 (a) (3) and (4), so the SSD would be
responsible for conducting any corrective action measures if a release of used oil
occurs from any container, aboveground tank, or underground storage tank on-site.
3.4 EFFECTIVE DATE AND STATE AUTHORIZATION
Because the present used oil requirements were promulgated pursuant to RCRA,
the regulations became automatically effective only in unauthorized states. In other
words, the present regulations replaced the former ones in unauthorized states and
territories (Alaska, Hawaii, Iowa, American Samoa, Northern Mariana Islands,
Puerto Rico, the Virgin Islands, and Wyoming at the time) on March 8, 1993. In
states that are authorized to run their own hazardous waste programs in lieu of the
federal program, the Part 279 standards will not become effective until a state revises
its program to adopt equivalent requirements under state law.
Some of the Part 279 provisions, however, consist of former requirements that were
recodified from Part 266, Subpart E. As such, these requirements for marketers and
burners remain federally enforceable in states not authorized for them and state-
enforceable in those states that have already adopted them. This means four
situations are possible. First, in a state that is not authorized for any portion of
RCRA, all of the Part 279 regulations became effective on March 8, 1993. In states
that are authorized for the base program but not the Part 266, Subpart E,
requirements, Part 279, Subparts A through F and I are not enforceable until the
state is granted authorization, but Part 279, Subparts G and H, remain federally
enforceable. In states that are already authorized for Part 266, Subpart E, the Part 279,
Subparts G and H standards remain state-enforceable, and the rest of Part 279 is not
effective until the state adopts them. Finally, states with EPA-approved Part 279
programs may enforce all of the Part 279 regulations. Under §271.21(e)(2), the
Agency can set a deadline by which these authorized states must incorporate the
present used oil regulations into their state code. For the present used oil
regulations, this date is set at July 1, 1994, if a statutory change is not necessary, or
July 1, 1995, if one is required.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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Used Oil - 25
The federal regulations provide requirements for used oil management; however,
state regulations may be more stringent and therefore take precedence. For example,
New York and Minnesota regulate used oil as a hazardous waste. Other states
handle it as a "special waste."
3.5 USED OIL MIXTURE RULE
On September 15, 1994, the U.S. Court of Appeals for the District of Columbia Circuit
remanded the 1992 used oil mixture rule to EPA. The used oil mixture rule sets
special standards for mixtures of used oil and hazardous waste. The court ruled that
the mixture rule standards are less stringent that the RCRA Subtitle C regulations
for other mixtures of hazardous waste. According to the ruling, EPA must
determine if the mixture rule is inconsistent with RCRA, and if so, to withdraw it.
On October 30, 1995, EPA announced an administrative stay of the used oil mixture
rule provisions (§279.10(b)(2)). These provisions are applicable to mixtures of used
oil destined for recycling with either characteristic hazardous waste, or waste listed
as hazardous because it exhibits a hazardous waste characteristic. Under the stay,
these mixtures would have been subject to the regulatory requirements for other
mixtures of hazardous and solid wastes, including the land disposal restrictions,
until the Agency completed a new rulemaking addressing §279.10(b)(2). On January
19, 1996, however, the United States Court of Appeals for the District of Columbia
Circuit vacated the administrative stay of the used oil mixture rule provisions
(Safety-Kleen Corp. v. EPA). This action reinstated §279.10(b)(2), applicable to
mixtures of used oil destined for recycling with either characteristic hazardous
waste, or waste listed as hazardous because it exhibits a hazardous waste
characteristic.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction to the topic used for Call Center training purposes.
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