EPA530-R-02-005h
RCRA, SUPERFUND & EPCRA CALL CENTER MONTHLY REPORT
August 2002
1. CESQG Mixtures of Used Oil and Listed Waste
According to the used oil management standards in 40 CFR Part 279, mixtures of
used oil and conditionally exempt small quantity generator (CESQG) hazardous waste
regulated under Section 261.5 are subject to regulation as used oil under Part 279
(Section 279.10(b)(3)). A CESQG generates a hazardous spent solvent (F005) and waste
oil that meets the definition of used oil as specified in Section 279.1. Prior to shipping
the used oil off site to a used oil collection center, the CESQG mixes the listed F005
waste and used oil together in a container, generating a mixture containing 2,000 ppm
total halogens. Since the used oil/F005 mixture originates from a CESQG, would the
mixture be subject to the rebuttable presumption under the Part 279 used oil provisions?
The mixture is subject to the rebuttable presumption, since the rebuttable presumption
provisions apply to all used oils containing more than 1,000 ppm of total halogens (with
the exception of metalworking oils and used oils destined for reclamation which are
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units as
specified in Sections 279.10(b)(ii)(A) and (B)) (57 FR 41566, 41579; September 10,
1992). In this situation, the presumption of mixing can be rebutted by providing
convincing documentation to show that the mixture is an excluded CESQG used oil
mixture covered under Sections 261.5(j) and 279.10(b)(3). In addition, the rebuttal
documentation for this used oil stream should be maintained by subsequent used oil
handlers. Rebuttals from each generator of used oil are necessary to rebut the
presumption of mixing when used oils from multiple sources are combined and the total
halogen concentration of the mixture is greater than 1,000 ppm.
FB 14627

-------