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11/22/2011APPLICABILITY OF THE USED OIL REGULATIONS TO USED OIL INSERTED AS FEEDSTOCK TO A PETROLEUM REFINING FACILITYMemo
 Description: It is EPA’s interpretation that on-specification used oil that is inserted as a feedstock into the petroleum refining process after, as well as before, crude distillation or catalytic cracking is exempt from the part 279 standards.
 
12/01/2007RCRA Orientation Manual 2008Publication
 Description: This document updates the 2003 RCRA Orientation Manual (EPA530-R-06-003). This updated manual provides introductory information on the solid and hazardous waste management programs under the Resource Conservation and Recovery Act (RCRA). Designed for EPA and state staff, members of the regulated community, and the general public who wish to better understand RCRA, this document constitutes a review of the RCRA program and is not a substitute for RCRA or its implementing regulations.
 
02/01/2005MARKETER SHIPMENTS OF ON-SPECIFICATION USED OILMemo
 Description: A used oil processor or re-refiner that determines used oil to be on-specification pursuant to §279.11 is not limited to shipping the oil only to a used oil burner. The marketer may also sell and send used oil to another processor or re-refiner. Once on-specification used oil reaches the next destination (e.g., processor, re-refiner, fuel distributor), the shipment is no longer subject to regulation under Part 279 and can be handled like any other virgin fuel oil. “[Specification] used oil fuel poses no greater risk than virgin fuel oil and, once it enters the commercial fuel oil market, should not be regulated differently than virgin fuel oil (50 FR 49154, 49189; November 29, 1985).
 
12/01/2004FREQUENTLY ASKED QUESTIONS ABOUT THE USED OIL MANAGEMENT STANDARDS IN 40 CFR PART 279Memo
 Description: A generator is not required to recycle either characteristic or nonhazardous used oil. EPA presumes used oil wil be recycled and managed under Part 279 until disposed or sent for disposal (SEE ALSO 57 FR 41566, 41578; 10/10/92). A generator disposing or sending for disposal used oil that exhibits a characteristic of hazardous waste must manage the used oil in accordance with RCRA Subtitle C. A generator disposing or sending for disposal used oil that is nonhazardous must manage the used oil in accordance with RCRA Subtitle D. Used oil must be managed according to Part 279 provisions until it is actually disposed of or sent off site for disposal. There is no limit on the amount of time used oil generators can accumulate used oil on site before sending it for recycling or disposal.
 
03/01/2004¿Tienes tu Licencia de Conducir? Puedes Hacer una Diferencia (Spanish - Got Your Driver's License? You Can Make a Difference)Publication
 Description: This publication is the Spanish translation of Got Your Driver's License? You Can Make a Difference (EPA530-F-03-040). It provides information on current used oil management practices and issues, and how to safely remove, contain, and recycle used oil that may be generated from changing oil.
 
02/01/2004SECONDARY CONTAINMENT FOR USED OIL STORAGE UNITS AT TRANSFER FACILITIESMemo
 Description: Any container or tank storing used oil at a transfer facility for greater than 24 hours requires secondary containment. A secondary containment system should include dikes, berms, or retaining walls and a floor. An aboveground system with a shop-fabricated double-walled tank with overfill protection may be equivalent protection. The system must be sufficiently impervious to used oil. These requirements apply to all used oil transfer facilities. These requirements do not apply to tanks or containers taken out of service.
 
09/01/2003Got Your Driver's License? You Can Make a DifferencePublication
 Description: This document discusses current used oil management practices and issues and provides guidance on how to safely remove, contain, and recycle used oil that may be generated from changing oil.
 
03/18/2003EPA REGULATIONS GOVERNING USED OIL COLLECTION AND RECYCLINGMemo
 Description: The used oil management standards in 40 CFR Part 279 do not require retailers who sell automotive fluids (e.g., motor oil, transmission fluid) to collect and recycle those fluids once they are spent or taken out-of-service. Retailers taking advantage of the service station dealer's (SSD's) liability exemption under CERCLA are required to accept used oil from do-it-yourself (DIY) generators. Many counties and municipalities have collection and recycling facilities that accept DIY used oil. The Part 279 standards do not distinguish between synthetic and conventional motor oil. Both types are considered used oil when spent or taken out-of-service. EPA does not plan to mandate the use of synthetic oils over conventional ones.
 
01/01/2003Cómo Almacenar el Aceite Usado de Motor - Si lo tira, se lo toma. (Spanish - Storing Used Motor Oil - You dump it, you drink it.) (Poster)Publication
 Description: This poster is the Spanish version of Storing Used Motor Oil - You dump it, you drink it. (EPA530-H-02-002). This poster is intended for use in automotive repair and service shops to remind employees about the proper steps for storing used motor oil.
 
01/01/2003Cómo Manejar el Aceite Usado de Motor - Si lo tira, se lo toma. (Spanish - Managing Used Motor Oil - You dump it, you drink it.) (Poster)Publication
 Description: This document is the Spanish version of Managing Used Motor Oil - You dump it, you drink it. (EPA530-F-02). This document is a one-page reference card intended for owners and managers of automotive repair and service shops and provides tips for properly managing and storing used motor oil.
 
01/01/2003Cómo Manejar los Derrames de Aceite Usado de Motor - Si lo tira, se lo toma. (Spanish - Managing Oil Spills - You dump it, you drink it) (Poster)Publication
 Description: This poster is the Spanish version of Managing Oil Spills - You dump it, you drink it. (EPA530-H-02-001s). This poster is for consumers and household "do-it-yourselfer" used oil generators and explains how to manage oil spills.
 
01/01/2003Managing Oil Spills - You dump it, you drink it (Poster)Publication
 Description: This poster is for consumers and household "do-it-yourselfer" used oil generators and explains how to manage oil spills.
 
01/01/2003Managing Used Motor Oil - You dump it, you drink it. (Order Form)Publication
 Description: This form can be used to order documents in English and Spanish that are part of the "You Dump It, You Drink It campaign.
 
01/01/2003Managing Used Motor Oil - You dump it, you drink it. (Poster)Publication
 Description: This document is a one-page reference card intended for owners and managers of automotive repair and service shops and provides tips for properly managing and storing used motor oil.
 
01/01/2003Si lo tira, se lo toma - El Aceite Usado de Motor Contamina Nuestra Agua (Spanish - You Dump It, You Drink It - Used Motor Oil Contaminates Our Water) (Bumper Sticker)Publication
 Description: This bumper sticker is the Spanish version of the You Dump It, You Drink It bumper sticker (EPA530-E-02-001s).
 
01/01/2003Si lo tira, se lo toma. - Recicle el aceite usado de motor. (Spanish - You dump it, you drink it. - Recycle Used Motor Oil) (Brochure)Publication
 Description: This brochure is the Spanish version of the You dump it, you drink it - Recycle Used Motor Oil brochure (EPA530-F-02-027). It is intended for consumers or household "do-it-yourselfer" used oil generators and explains how to change and dispose of used motor oil.
 
01/01/2003Si lo tira, se lo toma. (Spanish - You dump it, you drink it.) (Poster)Publication
 Description: This poster is the Spanish version of You dump it, you drink it. (EPA530-H-02-003). This poster is intended for use in automotive repair and service shops to remind employees about the proper management of used motor oil.
 
01/01/2003Storing Used Motor Oil - You dump it, you drink it. (Poster)Publication
 Description: This poster is intended for use in automotive repair and service shops to remind employees about the proper steps for storing used motor oil.
 
01/01/2003You Dump It, You Drink It - Used Motor Oil Contaminates Our Water (Bumper Sticker)Publication
 Description: This bumper sticker displays the "You Dump It, You Drink It" slogan
 
01/01/2003You Dump it, You Drink it. - Recycle Used Motor Oil (Brochure)Publication
 Description: This brochure is intended for consumers or household "do-it-yourselfer" used oil generators and explains how to change and dispose used motor oil.
 
01/01/2003You dump it, you drink it. (Poster)Publication
 Description: This poster is intended for use in automotive repair and service shops to remind employees about the proper management of used motor oil.
 
08/01/2002CESQG MIXTURES OF USED OIL AND LISTED WASTEQuestion & Answer
 Description: Mixtures of used oil and hazardous waste generated by conditionally exempt small quantity generators (CESQGs) are subject to the used oil rebuttable presumption. The rebuttable presumption applies to all used oils containing more than 1,000 ppm of total halogens (SEE ALSO: 57 FR 41566, 41579; 9/10/92). The presumption can be rebutted by documenting that the hazardous waste/used oil mixture contains only CESQG waste. The rebuttal documentation for the used oil stream should be maintained by subsequent handlers.
 
07/01/2002TESTING FREQUENCY FOR SPECIFICATIONS OF USED OIL BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Used oil specification determinations can be made either by testing, using historical analytical results, other handler's testing results, or personal knowledge of the used oil source and composition. The frequency of used oil analysis depends on site-specific factors. Any action, mixing, or storage condition can affect the physical or chemical composition of the used oil requiring the marketer to reevaluate the used oil specifications (SEE ALSO: RPC# 11/27/1996-02). A handler making a used oil specification claim should keep documentation in the facility's records of any testing and sampling methods used, including the sampling frequency (SEE ALSO: 57 FR 41566, 41597; 9/10/92).
 
06/18/2002REGULATORY STATUS OF PCB-CONTAINING USED OILMemo
 Description: Used oil burned for energy recovery that meets the fuel specifications in 279.11 is not regulated under Part 279, provided certain marketer conditions are met and the used oil is not mixed or contaminated with hazardous waste. The presence of PCBs in used oil is not relevant to the determination of whether the used oil meets the Part 279 specifications, but it is relevant for determining applicability to Toxic Substance Control Act (TSCA) regulations. TSCA establishes a presumption that detectable quantities of PCBs are present in used oils burned for energy recovery. The presumption can be overcome if the marketer determines that the used oil does not contain quantifiable levels of PCBs. Used oil burned for energy recovery that contains less than 2 ppm PCBs is solely regulated under RCRA.
 
11/01/2001USED OIL SPECIFICATIONS FOR METALS: TCLP VERSUS TOTALS ANALYSISQuestion & Answer
 Description: It is not appropriate to use the TCLP to determine if used oil that will be burned for energy recovery meets the §279.11 specification levels for metals. A totals analysis should be performed on the used oil in lieu of the TCLP. Chapter Two of SW-846 offers guidance on selecting appropriate test methods for specific constituents in different matrices, such as used oil.
 
07/06/2000EDUCATION AND OUTREACH PROGRAMS FOR USED MOTOR OILMemo
 Description: EPA does not endorse individual private organizations but does support efforts to promote recycling of used motor oil.
 
12/30/1999FEES FOR COLLECTION AND RECYCLING OF USED MOTOR OILMemo
 Description: Used oil management standards do not include provisions for the assessment of fees for collection and recycling of used motor oil.
 
12/17/1999RECYCLING OF USED OIL FILTERSMemo
 Description: EPA published proper management standards for used oil and used oil filters at Part 279.
 
11/16/1999INTERPRETATION OF FEDERAL USED OIL REGULATIONSMemo
 Description: Spent petroleum-based solvents do not meet definition of used oil. Sent petroleum-based solvents are subject to hazardous waste determination. Spent petroleum-based solvents that are intentionally mixed with used oil (e.g., to make fuel oils) can be regulated as used oil under 279.10(b). Hazardous waste determination required prior to mixing.
 
09/01/1999SECONDARY CONTAINMENT FOR USED OIL ABOVEGROUND TANKSQuestion & Answer
 Description: Used oil burners, owners and operators of transfer facilities, and processors and rerefiners of used oil must equip all new and existing used oil aboveground tanks with secondary containment.
 
08/26/1999USED OIL MANAGEMENTMemo
 Description: EPA has published a comprehensive set of used oil management standards designed to encourage recycling and prevent the mismanagement of used oil (Part 279). These standards mandate practices that must be followed by generators, transporters, processors, re-refiners, marketers, and burners of used oil.
 
08/01/1999USED OIL CONTAMINATED WITH HCFCS AND HFCSQuestion & Answer
 Description: The exemption from the rebuttable presumption extends to used oil contaminated with hydrochlorofluorocarbons (HCFCs) or hydrogenated fluorocarbons (HFCs) that are used in manner similar to chlorofluorocarbons (CFCs) in refrigeration units. The exemption only provides that qualifying used oil may be managed as used oil irrespective of its total halogen content.
 
07/01/1999The Used Oil Management Standards VideoPublication
 Description: This thirty-minute video, designed primarily for generators of used oil, contains useful information for all used oil handlers whose activities are regulated by EPA's used oil management standards. The Used Oil poster, EPA530-H-98-001, is distributed with this video.
 
06/01/1999TRACKING REQUIREMENTS FOR USED OILQuestion & Answer
 Description: A hazardous waste manifest does not need to accompany each shipment of used oil. Used oil transporters, burners, processors/re-refiners, and marketers must maintain records documenting the acceptance and delivery of each used oil shipment. The tracking record need not physically accompany each used oil shipment.
 
03/01/1999REBUTTABLE PRESUMPTION HALOGEN LEVEL VS. SPECIFICATION HALOGEN LEVELQuestion & Answer
 Description: A generator can rebut the presumption that the used oil has been mixed with a listed hazardous waste when the used oil exceeds the 4000 ppm total halogen specification level. There is no halogen level over which it is impossible to rebut the presumption of mixing.
 
03/01/1999USED OIL SPILLS ON CONTAINMENT PADSQuestion & Answer
 Description: A spill of used oil onto a containment pad would not be considered a release to the environment subject to the response steps in 279.22(d). Releases to the environment do not include releases within contained areas, such as concrete floors or impervious containment areas, unless the releases go beyond the contained areas (SEE ALSO: 57 FR 41566, 41586; 9/10/92). Used oil generators still have an obligation to clean up used oil releases onto containment pads.
 
11/30/1998REGULATORY STATUS OF USED OIL MIXED WITH JP-8 FUELMemo
 Description: JP-8 fuel is considered analogous to diesel fuel for purposes of the used oil and diesel fuel mixture exemption. Mixtures of used oil and JP-8 are exempt from the used oil regulations if they are managed according to 279.10(d)(2). Burning such mixtures may still be subject to CAA controls and/or state specific regulations.
 
10/01/1998PROHIBITION ON THE USE OF HAZARDOUS WASTE AS DUST SUPPRESSANTQuestion & Answer
 Description: Characteristic waste that has been decharacterized and meets land disposal restriction (LDR) treatment standards (including universal treatment standards for underlying hazardous constituents) may be used as a dust suppressant. Use of the decharacterized waste as a dust suppressant is allowable assuming the resulting product is being legitimately recycled. Use of used oil or listed hazardous waste as a dust suppressant is prohibited.
 
08/20/1998USED OIL-FIRED SPACE HEATERS AS UTILITY BOILERSMemo
 Description: Off-specification used oil can be burned in on-site space heaters as long as the heater has a maximum capacity of not more than 0.5 million BTU per hour. The definition of utility boiler is intended to apply to large boilers that have emission controls similar to industrial boilers and furnaces. Small on-site used oil space heaters exceeding the 0.5 million BTU per hour limit are not considered utility boilers even if the energy created is being sold. A space heater not meeting the provisions of the exemption is a nonindustrial boiler which is prohibited from burning used oil.
 
08/11/1998Part 279 Requirements: Used Oil Management Standards (Poster)Publication
 Description: This poster displays the used oil management standards for generators, transporters/transfer facilities, processors/re-refiners, off-specification burners, and marketers.
 
07/31/1998DISPOSAL OF VEHICLE FLUIDS AND USED OIL IN A WELL OR ON THE GROUNDMemo
 Description: Disposing of vehicle fluids and used oil in a well or on the ground is generally prohibited under federal and state law without a permit.
 
06/11/1998APPLICABILITY OF THE PROCESSED SCRAP METAL EXCLUSION TO USED OIL FILTERSMemo
 Description: Properly drained, processed (crushed) used oil filters that are being recycled meet the processed scrap metal exclusion (SEE ALSO: RPC# 6/2/98-01). Even though used oil filters are not specifically mentioned in the rule, EPA intentionally wrote the exclusion broadly to cover all types of processed scrap metal that can be recycled. Residual oil from filters remains subject to used oil management rules.
 
06/10/1998USED OIL RECYCLING AND PROCESSING TECHNOLOGIESMemo
 Description: EPA does not certify or approve used oil recycling technologies. Some states may require that used oil recycling facilities have permits or other types of approvals.
 
03/27/1998REGULATION OF MIXTURES OF USED OIL AND DIESEL FUELMemo
 Description: Mixtures of used oil and diesel fuel are excluded from used oil regulation provided the used oil generator only mixes used oil that they generate on site and such mixtures are used as fuel in the generator’s own vehicles. Mixtures of used oil and diesel fuel that are burned and any engines or vehicles that may burn them are still subject to applicable regulations promulgated under the Clean Air Act (CAA).
 
01/15/1998USED OIL RECYCLINGMemo
 Description: Most used oil is recycled by burning it for energy recovery (including used oil burned in diesel engines). EPA currently does not have sufficient resources to reevaluate used oil recycling.
 
09/26/1997MANAGEMENT STANDARDS FOR USED OIL CONTAMINATED WITH POLYCHLORINATED BIPHENYLSMemo
 Description: The presence of PCBs in used oil is not one of the criteria for used oil fuel specifications. TSCA requirements for marketing and burning used oil with more than 50 ppm PCBs incorporate certain off-specification used oil requirements by reference. TSCA’s incorporation of these requirements does not mean that PCB-containing used oil is regulated under RCRA or is considered off-specification (SEE ALSO: 63 FR 24963; 5/6/98).
 
09/01/1997GENERATOR STORAGE OF USED OILQuestion & Answer
 Description: Containers and tanks storing used oil do not need to comply with Parts 264/265, Subparts I or J, provided the used oil has not been mixed with a hazardous waste. Units other than tanks or containers (e.g., surface impoundments) storing used oil must be permitted or operating under interim status.
 
07/01/1997SELF-TRANSPORTATION OF USED OIL BY SERVICE CONTRACTORS Question & Answer
 Description: Contractors who produce used oil by servicing equipment are considered cogenerators of the used oil. Cogenerators can transport up to 55 gallons of used oil in their own vehicles to a collection center or an aggregation point without obtaining an EPA ID number (self-transport).
 
04/01/1997THE DEFINITION OF USED OILQuestion & Answer
 Description: The definition of used oil is based on criteria of origin, use, and contamination. Used oil must be derived from crude or synthetic oil; be used as a lubricant, coolant, heat transfer or hydraulic fluid, or similar uses; and be contaminated through use. Petroleum-based solvents are not used oil because they do not meet the use-based criterion (they are used as solvents and not as lubricants or similar uses). Antifreeze is not regulated as used oil, even though antifreeze may meet all three criteria.
 
02/07/1997APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO VEGETABLE OIL AND ANIMAL OILMemo
 Description: The definition of used oil does not include animal or vegetable oils because animal and vegetable oils are not synthetic or derived from crude oil.
 
01/02/1997Recoleccion de Aceite Usado Para Reciclaje o Reutilización (Spanish - Collecting Used Oil for Recycling/Reuse)Publication
 Description: Spanish version of Collecting Used Oil For Recycling/ Reuse
 
12/01/1996REBUTTABLE PRESUMPTION FOR CFC CONTAMINATED USED OILQuestion & Answer
 Description: Chlorofluorocarbon (CFC) contaminated used oil is exempt from the rebuttable presumption at the point of draining as long as the CFCs are eventually reclaimed from the used oil to the fullest extent possible. Generally, when the rebuttable presumption applies, it applies at the point of draining. Discusses the definition of processing. CFC reclamation from used oil is not necessarily processing.
 
11/27/1996APPLICABILITY OF 40 CFR PART 279 TO ON-SPECIFICATION USED OILMemo
 Description: On-specification used oil that will be burned for energy recovery is no longer subject to the used oil requirements once the person making the on-specification claim complies with the applicable marketer provisions. Used oil meeting specification that is refined or disposed is subject to the used oil requirements. The regulatory status of the on-specification oil must be reevaluated if some action is taken that may affect the properties of the oil. Blending used oil to meet specification is processing. Used oil storage may be covered under the Spill Prevention Control and Countermeasures (SPCC) regulations and the underground storage tank (UST) requirements.
 
11/18/1996REGULATORY STATUS OF USED OIL MIXTURESMemo
 Description: Mixtures of used oil with products are regulated as used oil. Mixtures of used oil and diesel fuel mixed on site by the used oil generator for use in the generator’s own vehicles are exempt from used oil regulation because they are viewed as products. EPA does not certify, endorse, or approve products of any kind.
 
11/01/1996COOLANT RECYCLING AND USED OIL PROCESSINGQuestion & Answer
 Description: On-site coolant recycling is not used oil processing when intended to extend the life of the oil and when recycling is incidental to the production process. Coolant must be generated on-site and not sent directly off-site to a burner.
 
11/01/1996RECYCLING PRESUMPTION UNDER PART 279Question & Answer
 Description: A generator is not required to conduct a hazardous waste determination for used oil sent to a processor for recycling, even if the processor eventually disposes of the used oil. The used oil handler must conduct a hazardous waste determination when the handler decides that the used oil will be disposed.
 
11/01/1996STATE AUTHORIZATION AND USED OIL RECYCLED THROUGH SOME OTHER MEANS THAN BURNING FOR ENERGY RECOVERYQuestion & Answer
 Description: EPA does not regulate used oil recycled in some manner other than burning for energy recovery, such as re-refining, in states where Part 279 is not in effect.
 
10/03/1996USED OIL STORAGE REQUIREMENTSMemo
 Description: The existing used oil regulations require secondary containment for rail cars holding used oil that are held in one location for more than 24 hours. EPA is proposing to amend Section 279.45(d) to provide a ten day exemption from secondary containment for temporary storage of used oil in rail cars en route to their final destination.
 
08/14/1996USED OIL MANAGEMENT STANDARDS TO MATERIALS CONTAMINATED WITH USED OIL AND PROVIDE LITTLE OR NO ENERGY WHEN BURNEDMemo
 Description: Materials contaminated with used oil from which the free flowing oil has been drained are regulated as used oil if the material is burned for energy recovery. Burning for energy recovery for the purposes of used oil is limited to materials that have heating values of at least 5,000 BTUs per pound. A state may have a more stringent definition of burning for energy recovery.
 
02/26/1996USED OIL AS A DUST SUPPRESSANTMemo
 Description: EPA prohibits the use of used oil as a dust suppressant, unless a state has successfully petitioned EPA under Section 279.82(b) to allow such use.
 
02/15/1996USE OF USED OIL AS A DUST SUPPRESSANTMemo
 Description: EPA prohibits the use of used oil as dust suppressant. EPA does not have the authority under RCRA to regulate commercial dust suppressants or other commercial products other than waste-derived products and discarded commercial chemical products.
 
02/08/1996DEFINITION OF SIGNIFICANT CONCENTRATIONS OF HALOGENATED HAZARDOUS CONSTITUENTS AS CONTAINED IN USED OILMemo
 Description: The rebuttable presumption assumes used oil containing greater than or equal to 1,000 ppm total halogens has been mixed with a listed hazardous waste. Part 279 is not effective in states authorized for RCRA base program until the state becomes authorized for Part 279.
 
02/01/1996Managing Used Oil: Advice for Small BusinessesPublication
 Description: Summarizes EPA's used oil management standards for businesses such as service stations, fleet maintenance facilities, and "quick lube" shops that generate and handle used oil. Provides the regulatory definition of used oil and lists what used oil is and what it is not. Describes different types of businesses that handle used oil. Explains standards businesses should observe when handling used oil and oil filters. Recommends cleanup practices. Also available in Spanish.
 
10/16/1995ADMINISTRATIVE STAY OF USED OIL REGULATORY PROVISIONSMemo
 Description: The administrative stay for used oil (UO) and characteristic hazardous waste (HW) mixtures applies only to 279.10(b)(2). All UO and characteristic HW mixtures are subject to land disposal restrictions, even if they are no longer characteristic. Treatment of a UO mixture or residuals for underlying constituents or by a specified technology may be required (SUPERSEDED: See 61 FR 33691; 6/28/96).
 
08/25/1995INTERPRETATION OF THE REGULATORY EXEMPTION FOR BURNING USED OIL IN SPACE HEATERSMemo
 Description: Generators who want to burn used oil in space heaters under 279.23(a)(1) may burn only used oil that they generated and used oil collected from Do-It-Yourselfers. A generator with multiple facilities may burn used oil from his other facilities, but not used oil generated by another business. Used oil brought from off site is subject to the 55-gallon limit.
 
08/10/1995CLARIFICATION AS TO WHETHER DEWATERING IS A PROCESS THAT TRIGGERS EPA'S USED OIL PROCESSOR REQUIREMENTSMemo
 Description: Dewatering of oil-based used coolant does not make a generator a processor. If the generator is dewatering and sending used oil (UO) to be burned, then the generator is also a processor.
 
11/10/1994CLARIFICATION OF HOW PROVISIONS IN CERCLA APPLY TO ""SERVICE STATION DEALERS"" THAT HANDLE USED OILMemo
 Description: Clarification of the exemption from CERCLA liability for service station dealers (SSDs) is provided. Fast lube services are eligible for the SSD exemption if they accept Do-It-Yourself (DIY) oil and receive significant income from vehicle maintenance. The SSD exemption applies to both DIY used oil and used oil from customer vehicles. The 279 used oil standards apply to all used oil that is destined for recycling. EPA presumes that used oil will be recycled unless it is being disposed of, or being transported or stored prior to disposal.
 
09/28/1994APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO ACTIVITIES INVOLVING SEPARATION OF USED OIL FROM SORBENT MATERIALSMemo
 Description: Generators who separate used oil from sorbent materials are not processors provided the used oil is not sent directly off-site to a used oil burner. On-site burning of used oil from incidental processing activities is allowed.
 
09/28/1994CLARIFICATION REGARDING THE ""REBUTTABLE PRESUMPTION"" PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Used oil generated by a Do-It-Yourselfer (DIY) qualifies as exempt household hazardous waste. A used oil generator who collects DIY oil with a high halogen content can rebut the hazardous waste presumption by citing the household hazardous waste exemption.
 
09/12/1994CLARIFICATION OF THE REBUTTABLE PRESUMPTION PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Documentation that a used oil contains halogens in excess of 1,000 ppm due to the unintentional mixing with residuals from "RCRA empty" containers is sufficient to rebut hazardous waste presumption.
 
09/01/1994USED OIL STORAGE TANK BOTTOMS: HAZARDOUS WASTE OR USED OIL WHEN BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Residues or sludges resulting from the storage, processing, or re-refining of used oil are considered used oil when they are recycled by being burned for energy recovery, even if they exhibit a characteristic of hazardous waste.
 
07/22/1994REGULATION OF SURFACE IMPOUNDMENTS UNDER THE SEPTEMBER 10, 1992 RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: The de minimis used oil exemption does not apply to used oil intentionally introduced into a wastewater treatment system. Surface impoundments managing used oil must operate under RCRA Subtitle C permits or interim status.
 
07/15/1994Environmental Fact Sheet: Properly Managing Used Oil FiltersPublication
 Description: This fact sheet discusses the recycling or proper disposal of used oil filters and their parts and includes a checklist for properly draining oil filters.
 
07/11/1994APPLICABILITY OF RCRA USED OIL REGULATIONS TO USED OIL CONTAINED IN DISCARDED HOUSEHOLD APPLIANCESMemo
 Description: Discarded household appliances containing used oil are regulated under Part 279 if the oil is recycled, and as hazardous waste if the oil is characteristic and disposed. Chlorinated fluorocarbon (CFC)-contaminated used oil is exempt from the rebuttable presumption at the point of draining provided the CFCs will be reclaimed. Removal of CFCs is not treatment. Appliances from which used oil has been removed such that no visible signs of free-flowing oil remain in or on the material are not subject to Part 279.
 
06/10/1994APPLICABILITY OF PART 279 USED OIL MANAGEMENT STANDARDS TO THE OPERATION OF A VEHICLE FLEET SERVICING OPERATIONMemo
 Description: A company which services vehicles at off-site locations and brings used oil to an aggregation point or collection center is subject only to the generator requirements provided each shipment of used oil is 55 gallons or less.
 
06/09/1994TRANSPORTATION OF USED OIL TO LOCATIONS WHERE USED OIL CAN BE MIXED WITH CRUDE OILMemo
 Description: Used oil can be transported to sites where it can be mixed with crude oil (e.g., crude oil pipelines, exploration and production facilities, petroleum refineries, and aggregation points). Refineries receiving off-site used oil are subject to the processor rules until the used oil enters the refining process. An oil and gas exploration and production or refining facility may transport used oil to their aggregation points. The transporter and transfer facility rules apply to used oil transported off-site to a pipeline or to an oil and gas exploration and production facility until it is mixed with crude oil and qualifies for the 279.10(g)(2) exemption.
 
05/01/1994ENERGY RECOVERY ON-SITE CONSTITUTES REUSE FOR THE GENERATOR PROCESSING EXEMPTIONQuestion & Answer
 Description: Used oil (UO) generators who burn off-specification UO on-site may filter, clean, or otherwise recondition the UO without meeting the processor requirements.
 
04/08/1994CLARIFICATION OF USED OIL RULES AS THEY APPLY TO DO-IT-YOURSELF OIL CHANGERSMemo
 Description: Do-It-Yourself (DIY) used oil (UO) generators are not subject to the used oil standards. Do-It-Yourself oil is subject to Part 279 regulation once it has been collected. Collected Do-It-Yourself oil is subject to the rebuttable presumption. The collection center can rebut the presumption based on the household hazardous waste exemption.
 
03/22/1994CLARIFICATION OF RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY APPLY TO WASTEWATER TREATMENT ACTIVITIESMemo
 Description: Wastewater that contains used oil meets the definition of used oil and is subject to Part 279. Used oil-containing residues and sludges from wastewater treatment units (WWTUs) are subject to Part 279. On-site separation of used oil and water to meet CWA requirements does not constitute used oil processing, provided that the recovered used oil is not sent to an off-site used oil burner.
 
02/08/1994CLARIFICATION OF USED OIL REGULATIONS PERTAINING TO USED OIL BEING RECYCLED AND USED OIL BEING BURNED IN AN INDUSTRIAL BOILERMemo
 Description: Characteristic used oil is subject to Part 279 if it is recycled, and is subject to RCRA Subtitle C when it is sent off-site for disposal if it cannot be recycled. There is no need to test for specification if used oil is burned in 279.61 units. A marketer includes anyone selling used oil to a customer burning it for energy recovery.
 
01/12/1994REGULATORY STATUS OF AND PROPER DISPOSAL METHODS FOR HYDRAULIC FLUID FILTERS USED IN AIRCRAFTSMemo
 Description: Hydraulic fluid filters are not included in the non-terne plated used oil filter exemption. Hydraulic fluid is regulated as used oil. Hydraulic fluid filters that no longer contain used oil are still regulated as used oil when they are burned for energy recovery. Hydraulic fluid filters from which oil has been removed may be hazardous waste when they are disposed.
 
01/10/1994USE OF ON-SPECIFICATION USED OIL FUEL AS A SUBSTITUTE FOR #2 FUEL OIL IN MANUFACTURING ANFO BLASTING AGENTSMemo
 Description: On-specification used oil fuel is the equivalent of virgin fuel oil for regulatory purposes. The substitution of specification used oil fuel for #2 fuel oil in ANFO (an explosive based on ammonium nitrate and fuel oil) production is a legitimate recycling activity.
 
12/01/1993APPLICABILITY OF PART 279 TO WASTE GREASEMemo
 Description: A material fits within the definition of used oil (UO) if it is used for the same purpose as used oil, mixed and managed in the same manner as used oil after use, and presents the same level of hazard as used oil (SEE ALSO: 57 FR 41574; 9/10/92). Used grease may be considered used oil, provided it is recycled and meets the 1000 ppm total halogen criteria. Used grease containing 10% or more of an F-listed solvent will typically not meet an F-listing, unless the F-listed ingredient is used for its solvent properties. Persons can rebut the presumption that the grease was mixed with a listed waste by documenting the use of F-listed solvents for other than their solvent properties. A facility burning used oil in an incinerator for disposal may be subject to maximum achievable control technology (MACT) standards.
 
11/17/1993REGULATORY STATUS AND MANAGEMENT OF LIQUIDS AND ABSORBENT MATERIALS CONTAINING LIQUIDSMemo
 Description: The liquids in landfills prohibition applies only to hazardous waste landfills. Sorbents that are used to clean up non-listed waste are hazardous only if they are characteristic. Liquids must be absorbed prior to placement in municipal solid waste landfills. Used oil is presumed to be recycled until it is sent for disposal. Sorbents containing used oil that will be burned for energy recovery are subject to Part 279. Sorbents that are defined as used oil that will not be burned for energy recovery are managed under Part 279 until they are disposed, even if they are characteristic.
 
11/17/1993REGULATORY STATUS OF USED CUTTING OILS AND USED OIL COATED STEEL TURNINGS GENERATED DURING MACHINING OPERATIONSMemo
 Description: Cutting oils, including those removed from steel turnings, may be regulated as used oil. The steel turnings would be regulated as used oil as a material containing or otherwise contaminated with used oil, if used oil is visibly dripping. After the oil is removed, the steel turnings are not used oil. Steel turnings may meet the definition of scrap metal.
 
11/01/1993RECYCLED USED OIL PROCESSING STANDARDS AS THEY APPLY TO ON-SITE RECYCLING OF USED OIL RECOVERED FROM A WASTEWATER TREATMENT SYSTEMMemo
 Description: Oil/water separation and recycling metal-working oil on-site are not processing if the recovered oil is not burned for energy recovery. Activities that are ancillary to the normal manufacturing process are not considered processing. USTs containing used oil are subject to Parts 279 and 280.
 
10/13/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY PERTAIN TO IGNITABLE USED OILMemo
 Description: Used oil consolidated from different sources is regulated under Part 279. Used oil that is hazardous solely because it exhibits a characteristic is subject to Part 279. Used oil that cannot be recycled is subject to RCRA Subtitle C if the used oil is hazardous waste. Used oil must meet the criteria in 279.11 to be burned as on-specification fuel.
 
10/07/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Scrap metal that meets the no free-flowing oil standard is not subject to the used oil transporter standards. Coolant recycling and oil/water separation are not used oil processing when they are incidental to the normal manufacturing process.
 
09/27/1993REGULATORY STATUS AND MANAGEMENT OF DISPOSABLE AND LAUNDERABLE INDUSTRIAL RAGS AND WIPERSMemo
 Description: Once a rag, wiper, or any solid waste is drained of all free-flowing used oil, the generator must determine its hazardous waste status. Whether or not a rag contains listed hazardous waste, is mixed with listed hazardous waste, exhibits a characteristic, or is not waste at all depends on site-specific factors. Industrial laundries are not POTWs. Therefore, hazardous waste mixed with domestic sewage that is conveyed to laundry by sewer system is not excluded. Discharges from a laundry to a POTW via the sewer system may qualify for the domestic sewage exclusion.
 
09/24/1993CLARIFICATION OF THE USED OIL REGULATIONS APPLICABLE TO MIXTURES OF USED OIL AND CHARACTERISTIC WASTEMemo
 Description: Mixtures of used oil and ignitable-only characteristic wastes (D001) are regulated as used oil if they are no longer D001. Mixtures of used oil and other characteristic wastes are hazardous wastes if they are characteristic, and used oil if they are not. Mixtures of used oil and wastes listed solely for ignitability are regulated as used oil if they are no longer ignitable. Mixtures of used oil and wastes listed for corrosivity, reactivity, or characteristic of toxicity are hazardous wastes if they exhibit a characteristic, and used oil if they do not.
 
09/03/1993ANTICIPATED CHANGES TO USED OIL REGULATIONSMemo
 Description: Discusses the anticipated changes to the definition of processor and to the status of used oil that is inserted into the refining process at primary oil refineries ( the changes were finalized; 59 FR 10559; 3/4/94). The majority of the Part 279 used oil regulations were promulgated pursuant to the RCRA Subtitle C base program.
 
07/28/1993CLARIFICATION OF USED OIL MANAGEMENT STANDARDS PERTAINING TO USED OIL GENERATED AND MANAGED ON-SITEMemo
 Description: Waste remains on-site if its movement does not involve traveling along a public right of way, even if the movement involves traveling directly across a public right of way. Part 279 used oil transporter standards do not apply to the on-site movement of used oil.
 
06/13/1993USED OIL FILTERSMemo
 Description: Non-terne plated used oil filters do not typically exhibit a characteristic when the used oil has been removed. The exemption does not apply to terne-plated filters.
 
04/29/1993REGULATORY STATUS OF COMBUSTION RESIDUALS GENERATED FROM CO-BURNING OF ""SPECIFICATION"" USED OIL FUEL AND VIRGIN FUEL OILMemo
 Description: The co-burning of specification used oil fuel and virgin fuel oil does not affect the 261.4(b)(4) Bevill exemption since the amount of oil burned is minimal.
 
04/19/1993DISCUSSION PAPER ON POSSIBLE UNIVERSAL WASTEMemo
 Description: EPA is evaluating the applicability of the household hazardous waste (HHW) exclusion to lead-based paint abatement wastes (SEE ALSO: 63 FR 70233, 70241; 12/18/98). Part 279 prohibits the storage of used oil in unlined surface impoundments and applying used oil to roads. Fluorescent bulbs may be conditionally exempt in the future. EPA does not believe that F001-F005 solvents should be included as universal wastes. EPA is currently studying other solvent wastes to determine if they merit a listing (SEE ALSO: 61 FR 42318; 8/14/96). Spent antifreeze may exhibit the toxicity characteristic for lead and/or benzene. EPA is evaluating toxicity characteristic levels for lead and pentachlorophenol (PCP). New MCLs could affect future toxicity characteristic levels. Sandblast grit from the removal of lead-based paint may be D008.
 
04/05/1993CLARIFICATION OF THE USED OIL MANAGEMENT STANDARDS AND HOW THEY APPLY TO USED OIL CONTAMINATED WITH HCFCSMemo
 Description: To qualify for the rebuttable presumption exemption, used oil that is contaminated with hydrochlorofluorocarbons (HCFCs) must be removed from the refrigeration units and the HCFCs must be destined for recycling. HCFC-contaminated used oil can not be mixed with used oil from other sources.
 
02/01/1993MIXTURES OF USED OIL AND CHARACTERISTIC HAZARDOUS WASTEQuestion & Answer
 Description: A mixture of used oil and ignitable-only hazardous waste (D001) is regulated as used oil if mixture is not ignitable. A mixture of used oil and waste characteristic for a reason other than ignitability is regulated as hazardous waste if it exhibits any characteristic after mixing.
 
01/28/1993REGULATORY STATUS OF HYDRAULIC FLUIDS AND HEAT TRANSFER FLUIDSMemo
 Description: All synthetic oils (including used nonpolymer-based oils such as synthetic hydraulic and transfer fluids) that function similarly to petroleum-based lubricants, oils, and surface agents are considered used oil and are subject to Part 279.
 
12/01/1992REBUTTABLE PRESUMPTION FOR USED OILQuestion & Answer
 Description: There is no definition for “significant concentrations” of Appendix VIII constituents in used oil (UO) for the rebuttable presumption. 100 ppm of halogenated solvent compounds is generally significant. If used oil is known to be mixed with listed hazardous waste, the level of halogenated constituents is irrelevant.
 
11/25/1992QUESTIONS ON FINAL USED OIL RULEMemo
 Description: The toxicity characteristic rule is federally enforceable in every state until it is adopted by the state and EPA approves its authorization. The used oil filter exclusion applies in Arizona on 6/19/92. Discusses the applicability of the used oil regulations in authorized states.
 
10/23/1992REGULATORY STATUS OF USED OIL FILTERSMemo
 Description: Paper locomotive filters are eligible for the oil filter exclusion. If used oil has not been removed from the filter, the filter is subject to Part 279.
 
08/15/1992Environmental Fact Sheet: Management Standards Issued to Control Potential Risks from Recycled Used Oil - No Hazardous Waste ListingPublication
 Description: This fact sheet introduces EPA management standards for all segments of the used oil recycling system. The standards apply simple controls to generators of used oil and more stringent controls to processors, refiners, and transporters of used oil. The controls, found at 40 CFR 279, diminish potential risks and make it unnecessary to list recycled used oil as hazardous waste.
 
07/21/1992TREATING WASTES IN GENERATORS ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators may conduct treatment of used oil (e.g., mixing characteristic used oil with another material to render the used oil nonhazardous) in accumulation tanks or containers without a permit or interim status provided that the units conform to the standards in Part 265, Subparts I or J, and 262.34.
 
07/08/1992CLARIFICATION OF LANGUAGE IN THE PREAMBLE TO THE FINAL RULE ON USED OILMemo
 Description: Addresses the applicability of state versus federal transportation regulations (e.g., Hazardous Materials Transportation Act) to used oil handlers. Where federal regulations preempt state regulations, state regulations no longer apply.
 
05/15/1992Environmental Fact Sheet: No Hazardous Waste Listing for Used Oil That Is Being DisposedPublication
 Description: This fact sheet discusses a rulemaking that announces the determination that it is unnecessary to list used oil being disposed of as hazardous waste. This rule finalizes the September 1991 Supplemental Proposal to reevaluate the 1986 decision not to list used oil as hazardous waste.
 
10/29/1991SERVICE STATIONS AND RECYCLING USED OIL FROM PRIVATE PARTIESMemo
 Description: No federal regulations prohibit service stations from accepting do-it-yourselfer (DIY) used oil (SEE ALSO: Part 279).
 
10/29/1991TCLP EXTRACTIONS APPLIED TO LIQUID WASTES, OILS AND SOLVENT-BASED PRODUCTSMemo
 Description: Provides suggested analytical steps when inconclusive results are obtained from application of the TCLP to solvent and oily wastes. Generators may always apply their knowledge in lieu of testing. TCLP analysis is unnecessary for used oil destined for recycling.
 
09/01/1991Used Oil Recycling (Fall 1991)Publication
 Description: This fact sheet revisits the EPA used oil management standards and listing in a newsletter story, with a focus on corporate America including Mobil Corporation recycling forces and Amoco Oil striving for oil recovery. Other stories include state contacts on used oil recycling, and how EPA promotes used oil recycling.
 
07/09/1991METHODOLOGIES EMPLOYED IN USED OIL SAMPLINGMemo
 Description: Discusses the 1989-1990 used oil sampling data that was gathered to support the used oil characterization effort. Used oil was analyzed for compositional characteristics and analyzed via TCLP. 7 types of used oils were analyzed. The results do not reflect regional variations as all samples, where possible, were taken from the Washington, D.C. area. Addresses the role of TCLP and other methods used in the determination (SEE ALSO: 57 FR 41566; 9/10/92).
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
06/15/1991Environmental Fact Sheet: EPA Guideline for Purchasing Re-Refined Lubricating OilPublication
 Description: This fact sheet discusses EPA guidelines that recommend that procuring agents not require lubricating oils containing re-refined oil meet any performance standard higher than that required of virgin lubricating oil. It also includes American Petroleum Institute (API) and military specifications.
 
06/13/1991TCLP EXTRACTIONS AS THEY APPLY TO OILY WASTEMemo
 Description: The Agency does not recommend applying the TCLP test to oily waste. If oily waste is used oil, characterization is unnecessary if going for recycling (SEE ALSO: Part 279). If the TCLP is inconclusive on oily wastes, the generators may use knowledge.
 
06/05/1991TWO WASTE OIL MANAGEMENT PRACTICES REGULATORY STATUSMemo
 Description: Used oil (UO) applied/sprayed as a coal dust suppressant before burning coal as a fuel may be legitimate recycling depending on the amount used and the constituents in the UO. A UO and coal mixture is subject to the Part 266, Subpart E (SUPERSEDED: see Part 279) UO burning requirements. Characteristic UO used as a substitute ingredient for diesel in an ammonium nitrate fuel oil (ANFO) explosive may not be legitimate recycling. If UO is not a legitimate ingredient, mixing it with ammonium nitrate is treatment, and the mixture, when exploded, may be subject to the open burning/open detonation regulations of 265.382. Addresses RCRA/ Mine Safety and Health Administration (MSHA) interface. There is an overlap between EPA and MSHA, but neither agency’s jurisdiction supersedes the other’s.
 
04/23/1991BURNING COMPRESSOR OIL WITH AMMONIA IN SPACE HEATERSMemo
 Description: Used compressor oil containing ammonia can be burned in a space heater provided the three conditions of 266.41 are met (SUPERSEDED: See 279.23).
 
04/23/1991BURNING USED OIL GENERATED BY PRIVATE BOAT OWNERS ON-SITEMemo
 Description: Off-specification used oil generated by a private boat owners can be burned in a space heater provided the three conditions of Section 266.41 are met (SUPERSEDED: see Section 279.23).
 
04/16/1991TC RULE RELATIONSHIP TO USED OIL FILTER DISPOSALMemo
 Description: In spite of the toxicity characteristic rule, generators may still apply their knowledge to make a hazardous waste determination. They must, however, be correct in their determination. Used oil filters are subject to hazardous waste determination (SEE ALSO: 261.4(b)(13)).
 
03/25/1991DILUTION OF TEST SAMPLINGMemo
 Description: TCLP is difficult to use on wastes such as oils and neat solvents because dilution step shifts detection limits are above the toxicity characteristic levels. A generator should apply knowledge in such cases. If no information is available, it would be prudent to handle it as hazardous waste (SEE ALSO: RPC# 8/14/90-01). There is no need to run TCLP on used oil that will be recycled.
 
02/05/1991GENERATOR HAZARDOUS WASTE DETERMINATION AND THE TCLPMemo
 Description: Clarifies a letter (RPC# 11/8/90-04). A generator may always apply knowledge in determining if a waste is hazardous waste. If no information is available except for inconclusive TCLP data, it is prudent for the generator to assume that the waste is hazardous. There is no need to perform TCLP on used oil that is destined for recycling.
 
01/08/1991REGULATION OF OILY HAZARDOUS PETROLEUM REFINERY WASTEMemo
 Description: Fuel produced (and oil reclaimed and used as fuel) from petroleum refining, production, and transportation by processes other than normal refining operations, is eligible for the 261.6(a)(3) exemptions (SEE ALSO: 261.4(a)(12)). Provides a clarification of the petroleum refining process. Certain fuels produced from petroleum refinery wastes that are otherwise exempt under 261.6(a)(3) are hazardous waste and must be burned in BIFs or incinerators if they do not meet the used oil fuel specifications of 266.40(e) (SUPERSEDED: See 279.11).
 
11/30/1990USED OIL DEFINITION APPLICABILITY TO OPEN-GEAR LUBRICANT "GEARITE"Memo
 Description: Open-gear lubricant (Gearite) is considered used oil.
 
10/30/1990USED OIL FILTERS - REGULATION; USED OIL FILTERS, REGULATORY DETERMINATIONMemo
 Description: Crushing a filter to remove used oil (UO) is exempt if the removed UO is recycled (SUPERSEDED: see 261.6(a)(4) and 279.10(c)). Generally, used auto oil filters are not containers because they are not storing oil. Filters are not empty containers. A filter with UO removed is exempt scrap metal if it is recycled. Undrained, uncrushed filters have too much oil for the scrap metal exemption (SEE ALSO: 261.4(b)(13)). TCLP is performed on UO filters by crushing, cutting, or grinding filters and their contents until the pieces are smaller than one cm in the narrowest dimension. A characteristic UO filter that is sent for disposal is subject to regulation (SUPERSEDED: see 261.4(b)(13)).
 
08/17/1990USED OIL FILTERS CLASSIFICATIONMemo
 Description: If the extract from the TCLP-tested used oil filter equals or exceeds the regulatory levels for any hazardous constituent the filter is a hazardous waste. Filters that have been drained are less likely to be hazardous (SEE ALSO: Section 261.4(b)(13)).
 
08/13/1990USED OIL AS A DUST SUPPRESSANTMemo
 Description: Discusses the restrictions on the use of used oil (UO) as a dust suppressant (SUPERSEDED: see 279.12(b)). Toxicity characteristic used oil must not be used as a dust suppressant (SEE ALSO: 279.82).
 
08/01/1990DEFINITION OF A USED OIL MARKETERQuestion & Answer
 Description: A used oil (UO) generator who markets UO to a blender who blends it at one site and burns it at another is not a marketer. A blender who sends UO off-site to a burner is a marketer, even if the blender and the burner are owned by the same company (SUPERSEDED: See Section 279.1).
 
06/13/1990USED OIL AND IDENTIFICATION OF LISTED HAZARDOUS WASTEMemo
 Description: F001-F005 "before use" is before use at the facility, not when purchased. If pure solvent was purchased, diluted below 10% concentration, and used as solvent, the waste is not F001-F005. Solvent before use has any amount F003 and 10% total F001, F002, F004, or F005, waste F003 and other applicable F001-F005 listings. The K list applies only to wastes from industrial sources in the listing description. In general, the primary SIC code for a facility does not dictate if the facility is within the K-list category. A commercially pure /technical grade undefined for the P- and U-lists. It can include purity grades marketed or in general use by industry. Part 266, Subpart E (SUPERSEDED: see Part 279) applied to used oil (UO) not mixed with listed hazardous waste burned for energy recovery. Characteristic UO recycled in manner other than burning for energy recovery is not subject to RCRA (SUPERSEDED: see Part 279).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: 279.82).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: Section 279.82).
 
10/17/1989BURNING OF USED OILMemo
 Description: A used oil burner does not need a permit. Off-specification used oil burned in a space heaters must be from household Do-It-Yourselfers (DIYs), or be generated by an used oil burner. Off-specification used oil must be burned in space heater, industrial boiler, or industrial furnace. There are no restrictions on burning on-specification used oil.
 
06/26/1989MIXED WASTE REGULATION - RCRA REQUIREMENTS VS. NRC REQUIREMENTSMemo
 Description: Activities that do not require a permit include: recycling, resource recovery, totally enclosed treatment, and treatment in a generator’s accumulation tank. EPA is not planning to modify storage rules to allow generators to hold radioactive mixed waste on-site for radionuclide decay beyond 90 days without a permit (SEE ALSO: 64 FR 63464; November 12, 1999). EPA and the Nuclear Regulatory Commission (NRC) are developing guidance to integrate regulations on radioactive mixed waste storage. EPA and the NRC agree on dual manifesting of mixed waste. Hazardous waste can be shipped to a designated facility in a state that does not regulate that waste as hazardous. EPA does not require a transporters to obtain permits, but States may do so. States may list used oil as hazardous waste.
 
06/15/1989Recycling Used Oil: For Service Stations and Other Vehicle-Service FacilitiesPublication
 Description: This document instructs service station owners about recycling and safe handling of used automobile oil.
 
06/15/1989Recycling Used Oil: What Can You Do?Publication
 Description: This document describes how used automobile oil can affect fresh water and pollute natural resources and includes statistics about recycling oil. It indicates that recycling used oil would save 1.3 million barrels per day in the United States. The document also provides step-by-step instructions for recycling used oil as well as information about setting up local programs.
 
05/15/1989USED OIL BURNED FOR ENERGY RECOVERY, INTERPRETATION OF SUBPART EMemo
 Description: The rebuttable presumption is not limited to the generator of used oil (UO). Any person in possession of UO containing greater than 1000 ppm total halogens must be able to rebut the presumption. If UO failing the presumption is sprayed on (mixed with) coal, then the coal/oil mixture is a hazardous waste fuel that is subject to 266 Subpart D (SUPERSEDED: See 266 Subpart H), even if it has less than 1000 ppm total halogens after mixing. The 1000 ppm limit is not a health-based characteristic, but rather is based on mixing data.
 
12/01/1988Used Oil Recycling (Winter 1988)Publication
 Description: This brochure discusses EPA's new initiative to promote used oil recycling. Other articles included are Project Rose promotes energy conservation, state contacts on used oil recycling, and Montgomery County, Maryland, finds a solution.
 
11/07/1988PCB DECHLORINATION TREATMENT PROCESSMemo
 Description: A PCB dechlorination system is exempt under 261.6(a)(3)(iii) as used oil recycled in some other manner than being burned for energy recovery (SUPERSEDED: see Part 279).
 
11/01/1988USED OIL COURT DECISIONQuestion & Answer
 Description: The U.S. Court of appeals agreed with petitioners’ argument that EPA acted contrary to the law when it based its used oil listing determination on the stigmatic effects of a hazardous waste listing. The court required EPA to make a listing decision on technical criteria (SUPERSEDED: See Part 279).
 
09/22/1988ATOMIZER MULTI-OIL FUELED HEATERS, INSPECTION AND CERTIFICATION CRITERIA FORMemo
 Description: Used oil meeting specifications can be burned in any device. Off-specification used oil can be burned in a space heater. EPA has not developed specific standards for space heaters.
 
07/30/1988RCRA TEST METHODS & QA ACTIVITIESMemo
 Description: Provides clarification of an error in Method 3500. The SOXTEC extraction procedure is suitable for determining PCBs in soil. Discusses suitable techniques for determining total halogens in used oil. Contract Lab Program (CLP) participation does not constitute EPA certification.
 
02/01/1988USED OIL MARKETERQuestion & Answer
 Description: A used oil generator sending used oil to a sister corporation to be burned is a marketer. An exchange of funds is not necessary to be a marketer (See Also: Part 279).
 
01/01/1988DEFINITION OF USED OILQuestion & Answer
 Description: Used oil is oil contaminated through use that has been used as a lubricant or a hydraulic or heat transfer fluid. Petroleum distillates used as cleaning agents or for solvent properties are not used oil. Used oil need not be solid waste under 261.2 to be regulated because the authority to regulate it comes from RCRA 3014.
 
10/23/1987LUBRICATING OIL CONTAMINATED WITH TCDD THROUGH USE AS AN ANALYTICAL STANDARDMemo
 Description: Lubricating oil that is contaminated with dioxins from TCDD use as an analytical standard is not listed, but is hazardous if characteristic. Even if it is characteristic, the oil is subject to Part 266, Subpart E if the used oil is burned for energy recovery (SUPERSEDED: See Part 279).
 
08/13/1987USED CRANKCASE OIL DISPOSED OF BY DO-IT-YOURSELFERSMemo
 Description: Used oil disposed by “Do-It-Yourselfers” is exempt as household hazardous waste. No federal permits are required for used oil collection, transportation, recycling, or disposal (SEE ALSO: Part 279).
 
07/22/1987FIRE TRAINING PITS, REGULATORY REQUIREMENTS FORMemo
 Description: Open pit burning of commercial fuels (kerosene, gasoline, jet fuel) for a fire training exercise is product use. Open burning (except waste explosive detonation) of other chemicals (used oil, spent solvents) that are not commercial fuels needs a permit or interim status. If a listed waste burned in an unlined pit seeps into the soil, the soil is regulated as hazardous until the waste is removed under the contained-in policy. If the original waste was not listed, the soil can still be hazardous waste if it is characteristic (SEE ALSO: 61 FR 18779; 4/29/96).
 
04/17/1987USED OIL DESTINED FOR RECYCLINGMemo
 Description: The decision to not list used oil (51 FR 41900; 11/18/86) did not constitute a decision to not regulate used oil. EPA will issue used oil management standards and combustion controls (SEE ALSO: Part 279). Used oil mixed with hazardous waste or PCBs is currently regulated. Burning off-specification used oil is regulated.
 
03/26/1987DECISION NOT TO REQUIRE NOTIFICATION FROM GENERATORS WHO BURN SPECIFICATION USED OIL ON-SITEMemo
 Description: Used oil generators who also burn on-specification used oil on site do not need to notify (SEE ALSO: RPC# 1/20/87-03) (SUPERSEDED: see 279.70).
 
03/06/1987AUTOMOTIVE FLUIDS, REGULATION OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
03/06/1987AUTOMOTIVE FLUIDS, STATUS OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
01/20/1987NOTIFICATION BY BURNERS OF USED OIL WHO FIRST CLAIM THAT USED OIL MEETS SPECIFICATIONSMemo
 Description: 8700-12 notification is required for all persons who claim that their oil meets specifications (marketers). A handler may notify using either 8700-12, or a letter (SEE ALSO: 279.62).
 
12/23/1986BURNING CHARACTERISTIC OFF-SPECIFICATION PETROLEUM PRODUCTS FOR ENERGY RECOVERYMemo
 Description: Listed or characteristic off-specification CCPs that are themselves fuels are not solid wastes when burned for energy recovery. Burning in an incinerator is burning for destruction, not energy recovery. Fuel mixed with used oil would be subject to regulation as off-specification used oil if the flash point is under 100 F (SEE ALSO: Part 266).
 
11/24/1986PROPOSED PERMIT-BY-RULE FOR USED OIL RECYCLERSMemo
 Description: The filing of a used oil burner notification form 8700-12 before the effective date of the used oil rule will not subject the filer to the standards. Filing 8700-12 does not subject the filer to section 3004(u) corrective action. 8700-12 is not a permit application. A discussion of the proposed permit-by-rule provision for used oil recyclers per section 3014(d).
 
11/12/1986BURNING USED OIL AND THE LEAD SPECIFICATIONMemo
 Description: A decision to set used oil (UO) lead specification at 100 ppm is not affected by the lack of consideration of lead banking. The only effect of lead banking is to modestly increase estimates of the amount of off-specification used oil. EPA must propose action on a petition for rulemaking before taking final action. EPA prohibits nonindustrial boilers from burning off-specification used oil (SEE ALSO: 279).
 
10/31/1986USED OIL TANK CLASSIFICATIONMemo
 Description: Tanks storing used oil are not subject to the hazardous waste tank standards. An underground tank storing used oil must comply with the Part 280 UST standards.
 
09/15/1986USED OIL FIRED SPACE HEATERSMemo
 Description: Used oil (UO) can be burned in a space heater if it is generated on-site or collected from Do-It-Yourselfers (DIYs), it is not mixed with a hazardous waste, the heater has a maximum capacity of less than 0.5 million Btu/hour, and flue gases are vented outdoors (e.g., chimney).
 
09/15/1986USED OIL FOR INDUSTRIAL BURNERSMemo
 Description: Burning on-specification used oil (UO) is not regulated, but the on-site burner must notify as a marketer if the first claim meets the specification. They must be able to demonstrate the UO meets specification. Lab analysis is a good way to demonstrate specification. Burning off-specification UO is regulated. It may only be burned in industrial devices (attachment describes lead banking and relationship between UO regulations and Clean Air Act regulations). A mixture of UO and hazardous waste (HW) is HW. Under the rebuttable presumption, at a 1000 ppm halogen concentration EPA will presume the UO has been mixed with a halogenated HW. The presumption can be rebutted by demonstrating that all halogens are inorganic.
 
08/22/1986HYDRAULIC DEVICES CONTAMINATED WITH OIL DURING QUALITY CONTROL TESTINGMemo
 Description: Used oil from hydraulic equipment is hazardous waste if it is characteristic or if the proposed used oil listing is finalized (SUPERSEDED: See 51 FR 41900; 11/19/86, 57 FR 41566; 9/10/92, and Part 279). Hydraulic equipment contaminated with used oil during quality control testing conducted prior to sale and distribution is not subject to the mixture rule because the equipment is a product, not a solid waste.
 
07/31/1986USED OIL, BURNING OF OFF-SPECIFICATION FUEL - DUMPINGMemo
 Description: Burners of off-specification used oil are only required to notify EPA and comply with the paperwork requirements (SUPERSEDED: see Part 279, Subpart G).
 
06/30/1986BURNING OF OFF-SPEC USED OILMemo
 Description: Off-specification used oil may be burned in industrial boilers. Only burning of off-specification used oil in nonindustrial boilers is prohibited pursuant to section 266.44 (SUPERSEDED: see 279.61).
 
06/27/1986USED OIL FUELS BURNED IN INCINERATORSMemo
 Description: Used oil (UO) regulations currently do not apply to UO burned as an auxiliary fuel in Subpart O incinerators, unless the UO exhibits a characteristic or is listed (SUPERSEDED: see 279.12, 279.61). Burning of auxiliary fuel in an incinerator is generally burning for destruction and not for energy recovery. Open burning of UO in pits for fire training is not regulated unless it is listed or exhibits a characteristic (SEE ALSO: RPC# 7/22/87-01).
 
05/31/1986HSWA PROHIBITION ON THE USE OF HAZARDOUS WASTE AS A DUST SUPPRESSANTMemo
 Description: HSWA prohibits the use of hazardous waste (HW) as a dust suppressant. Used oil may be used as dust suppressant if it is not HW or mixed with HW (SUPERSEDED: see 279.82).
 
04/30/1986PROPOSED REGULATION TO LIST USED OIL AS A HAZARDOUS WASTE - MIXTURE RULE EXEMPTIONMemo
 Description: EPA is considering an exemption for scrap metal mixed with used oil (SEE ALSO: 261.4(b)(13) and 279.10(c)).
 
04/21/1986BURNING OF USED OIL IN THE MARINE INDUSTRY AND USED OIL GENERATOR NOTIFICATION REQUIREMENTSMemo
 Description: Used oil (UO) burned in marine engines is not regulated. The burning of UO in a shipboard steam boiler is regulated. A shipboard steam boiler is considered an industrial boiler. Ships burning UO that is generated on board must notify as burners if it is off-specification UO. UO generators are not required to notify unless they market directly to a burner. If a ship transfers UO to a transporter, the transporter, not the ship, may be a marketer.
 
04/11/1986ADMINISTRATIVE CONTROLS AND STORAGE STANDARDS FOR MARKETERS OF HAZARDOUS WASTEMemo
 Description: A historical discussion of regulations applicable to marketers and burners of hazardous waste-derived fuels and used oil fuels. The standards apply to owners and operators of facilities, either owner or operator may choose to comply with the standards (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91) (SEE ALSO 266.100; 279.60; 279.61; and 279.70).
 
04/08/1986HAZARDOUS WASTE HAS BEEN MIXED WITH USED OIL (1000PPM TOTAL HALOGENS) (REBUTTABLE PRESUMPTION)Memo
 Description: Used oil (UO) failing the rebuttable presumption is presumed to be mixed with a listed hazardous waste (HW) and is itself a listed HW. The owner or operator can rebut the presumption by showing no significant concentrations of Appendix VIII constituents. Fuel produced by treating used oil to remove chlorides, and thus reduce halogen level, is still a HW. This type of treatment requires permit.
 
03/19/1986WASTE-AS-FUEL RULES AT DOD FACILITIES, IMPLEMENTATIONMemo
 Description: A historical discussion of the DOD approach to the implementation of hazardous waste-derived fuels and the off-specification used oil fuels marketer and burner regulations (SUPERSEDED: see 56 FR 7194; 2/21/91; see 57 FR 41566; 9/1/92).
 
03/05/1986BURNING OFF-SPECIFICATION USED OIL FUEL IN GREENHOUSESMemo
 Description: An industrial boiler (BIF) is one which produces electric power, steam, or heated or cooled air, or other gases or fluids for the use in a manufacturing process. The definition is meant to distinguish these from non-industrial boilers heating residences or commercial buildings. A boiler used in agricultural processes, such as greenhouses, are industrial boilers. The supplier of off-specification used oil (UO) to the nursery is a marketer and the nursery is subject to the used oil burner standards.
 
02/28/1986MIXING HAZARDOUS WASTE WITH USED OIL (REBUTTABLE PRESUMPTION)Memo
 Description: The rebuttable presumption only applies to used oil (UO) to be burned for energy recovery (SUPERSEDED: see 279.10(b)). The rebuttable presumption does not establish a new characteristic. A “significant concentration” that would indicate mixing depends on halogenated compounds found and circumstances of generation and collection. UO with less than 100 ppm of F001 or F002 constituents can rebut the presumption. Rebuttal analysis should measure the Appendix VIII compounds used at a facility and those reasonably expected to enter a UO waste stream.
 
02/13/1986BURNING USED OIL IN SPACE HEATERS, INDUSTRIAL FURNACES, AND BOILERSMemo
 Description: Pursuant to Part 266 Subpart E (SUPERSEDED: see Part 279) service stations and repair shops are allowed to burn used oil (UO) generated on-site and UO accepted from Do-It-Yourselfers (DIYs), but not UO accepted from other businesses in space heaters. Off-specification used oil can be burned in an industrial boiler, but not in heating boilers, on-site where generated without analysis for specification (SEE ALSO: 50 FR 49191; 11/29/85 and 279.61(a)(2)(ii)).
 
02/11/1986USED OIL AND OIL BEARING HAZARDOUS WASTE-DERIVED REFINERY PRODUCTSMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both hazardous waste and used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
02/11/1986USED OIL INTRODUCED INTO REFINERY PROCESS UNDER HAZARDOUS WASTE DERIVED REFINERY FUEL PRODUCTS EXEMPTIONMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both the hazardous waste and the used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
02/01/1986SPECIFICATION USED OIL FUELQuestion & Answer
 Description: A marketer who first claims used oil fuel meets specifications is subject to Part 266, Subpart E. Subsequent marketers of specification fuel are not subject to regulation, unless they mix specification used oil with off-specification oil or hazardous waste (SUPERSEDED: See Part 279).
 
01/01/1986HAZARDOUS WASTE FUEL BROKERSQuestion & Answer
 Description: The ownership of a hazardous waste fuel, not the physical possession, is the criterion used in determining if a hazardous waste fuel broker is a “marketer”. A waste broker who owns but never physically possesses a waste must comply with the marketer requirements (SUPERSEDED: See 266 Subpart H, Part 279).
 
12/12/1985BURNING AND BLENDING OF HAZARDOUS WASTE AND USED OIL FUELSMemo
 Description: A discussion of the 11/29/85 (50 FR 49164) rule to regulate used oil and hazardous waste fuels to be burned for energy recovery (Part 266, Subpart D and Subpart E) (SUPERSEDED: see Part 279). The EPA plans to regulate BIFs in the future (SEE ALSO: Part 266, Subpart H). Although waste reduction and waste recycling are preferred options to manage the waste disposal problem, this does not justify improper handling.
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: A mixture of used oil and a commercial chemical product (CCP) (xylene) that is itself a fuel or normal component of commercial fuels is regulated as used oil, not hazardous waste fuel, when it is burned for energy recovery. The generator who burns the used oil is subject to 266, Subpart E (SUPERSEDED: See 279.20 and 279.60).
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: Section 266 Subpart D hazardous waste burning and blending regulations published in the 11/29/85 Federal Register (50 FR 49164) were promulgated pursuant to HSWA, take effect in all states at same time (SUPERSEDED: see 266 Subpart H).
 
12/01/1985USED OIL AS DUST SUPPRESSANTQuestion & Answer
 Description: Used oil that exhibits a characteristic of extraction procedure (EP) toxicity (SUPERSEDED: See 261.24) can be used as a dust suppressant provided it has not been mixed with hazardous waste (SUPERSEDED: See RPC# 3/1/90-05 and 279.82).
 
10/01/1985LUBRICATING OIL AND JET FUELS USED TO PRODUCE PETROLEUM PRODUCTSMemo
 Description: Lubricating oil and an unused fuel mixture used to remove excess fuel from fuel cells is a spent material, not an off-specification CCP since the mixture is used as a solvent. The mixture is not used oil. Secondary materials used to produce a fuel are only subject if the material is listed or is a sludge (SUPERSEDED: See 50 FR 49164; 11/29/85).
 
07/12/1985DUST SUPRESSION AS ROAD TREATMENTMemo
 Description: HSWA 3004(l) prohibits the use of hazardous waste (HW) for dust suppression or road treatment. Used oil may be used as dust suppressant if it is not HW or mixed with HW (SUPERSEDED: see 279.82).
 
06/06/1985PROHIBITION ON USE OF HAZARDOUS WASTE FOR DUST SUPPRESSION AND ROAD TREATMENTMemo
 Description: Discussion of HSWA ban on use of hazardous waste (HW) and characteristic used oil for dust suppression (exception for ignitable only wastes (D001)). The prohibition applies to HW whether or not it is a part of a mixture. Decharacterized wastes are not subject to the ban. Used oil that has not been mixed with hazardous waste and does not exhibit a characteristic may be used as dust suppressant (SUPERSEDED: see 279.82).
 
02/01/1985DEFINITION OF MARKETER AND APPLICABLE REGULATIONSQuestion & Answer
 Description: A company that picks up used oil from its own facilities and transports it to another company-owned facility for burning for energy recovery is a marketer under proposed 266.43 (SUPERSEDED: See Part 279).
 
10/22/1984USED OIL CONTAMINATION THROUGH NORMAL USE OR MIXING WITH HAZARDOUS WASTES - RECYCLING DEFINEDMemo
 Description: Used oil contaminated with chlorinates (from fuel or salt water) through use is not hazardous. Used oil contaminated from intentional mixing is hazardous, even if it is below rebuttable presumption levels. Burning hazardous waste with low BTUs is not recycling, even if it is mixed with high BTU material.
 
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