ATTACHMENT A

McCoy's RCRA Unraveled

---

Used Oil

The used oil regs

are easy to meet

if you remain just

a generator-

they may get

harder if you burn

or process the oil

From the largest industrial facility to the smallest manufacturing plant,

everybody generates used od. This chapter deals with the generation,

management, and burning of used oil . The bottom line is : if you gener-

ate used oil and have a recycler come in and haul your used oil offsite,

your requirements are minimal If you do other things with the used oil

that you generate, your requirements may increase significantly

.

in the mid- to late-1980s, EPA was trying to determine whether it should

add used oil destined for disposal as a listed hazardous waste

. The

agency swayed back and forth on this issue a couple of times but finally

decided not to list it on May 20, 1992 . [57 FR 215241 (Used oil is pre-

sumed to be a listed hazardous waste in the stare of California and maybe

some other states, but it isn't listed at the federal level) A major reason

EPA didn't list used oil as hazardous was the presence of numerous exist-

ing federal programs pertaining to mismanagement (disposal) of this oil

. --

For example, the RCRA underground storage tank regulations, the Clean

Water Act (CWA) Spill Prevention, Control, and Countermeasures (SPCC)

program, and storm water provisions all address used oil management in

some way. Plus, used oil destined for disposal that exhibits a characteris-

tic must be managed under the fall Subtitle C program .

Instead of listing it, EPA issued management standards for used oil that

will be recycled, providing additional safeguards against mismanage-

ment

. These regulations, which are codified in 40 CR Parr 279, apply to

generators, collection centers and aggregation points, transporters, pro-

cessors and re-refiners, burners, and marketers of used oil A quick

guide to the Part 279 standards for each of these entities is available in

Part279 Requ cements-Used Oil ManagementStandnrds, EPA/530/H-98/

001, available from hcrp ://wwwepa .gov/epaoswer/hazwwte/usedoi

V

posterpdf

. The most stringent requirements apply to used oil processors

and re-refiners, bemuse they handle the largest quantities of used oil

.

[September 10, 1992; 57 FR 41593, RO 117361

12.1 Applicability of the used oil management

standards

The used oil management standards are structured such that used oil

that will be

mryded

is subject to management under the Part 279 stan-

dards, which are less stringent than the hazardous waste requirements in

Pam 260-270

. Such used oil can be managed under the Part 279 require-

ments, even

if it exhibits a characteristic at its point of generation (before

it is mixed with any other material) . [§§261 .6(a)(4), 279

.10(a)]

d'

,'i

---

G

CHAPTER 12

Used Oil

Conversely, used oil that will be disposed is a solid

waste and must be characterized for its hazardous-

ness just like any other solid waste

. The manage-

ment of used oil that is destined for disposal and

that exhibits a characteristic or has been mixed with

listed hazardous waste is subject to the more-strin-

gent hazardous waste regulations

. (§279 .81(a),

September 10, 1992

; 57 FR 41578, RO 11811)

Determining the applicability of the used oil stan-

dards can be confusing at times

. Therefore, we

have put together some logic diagrams that should

provide some assistance . Figures 12-1 and 12.2

will help you determine if the Part 279 require-

ments apply in your specific situation . The issues

that appear in the boxes on these two figures are

discussed in further detail throughout Section

12.1

. Once you know if the Part 279 standards

apply from these figures, other logic diagrams pre-

sented later in this chapter will help you determine

your compliance requirements .

12.1

.1 Definition of used oil

In §279 .1, EPA defines "used oil" as "any oil that

has been refined from crude oil, or any synthetic

oil, that has been used and as a result of such use is

contaminated by physical or chemical impurities ."

This definition "covers the majority of oils used as I,

lubricants, coolants (noncontact heat-transfer flu-

ids), emulsions, or for similar uses (that] are likely

to get contaminated through use

" (September 10,

1992

; 57

FR 415741

In order to meet the definition of "used oil," a sub-

stance must meet each of the three criteria listed

below (Managing Used Oil-Advice for Small

Businesses, EPA/530/F96/004, November 1996,

available from http ://wwwepa,gov/epaoswer/

hazwaste/usedoilusedoil.pdf, RO 14090):

∎ Origin-The substance must be derived from

crude or synthetic ad ;

r Use-The material must have been used as a lu-

bricant, coolant, noncontact heat-transfer fluid,

hydraulic fluid, buoyant, or other similar put-

McCoy's RCRA

Unraveled

.2m McCoy am n„ocy,,,

.

inc

pose (to be determined by authorized stares or

EPA regions) ; and

∎ Contamination-The oil must be contaminated

with physical impurities (e .g , water, metal shav-

ings, sawdust, or dirt) and/or chemical impuri-

ties (e .g ., lead, solvents, halogens, or other haz-

ardous constituents) as a result of use .

12 .1 .1 .1 Examples of used oil

Based on the above definition and criteria, exam

.

pies of substances that, when used, are used oil are

listed in Table 12-1

.

12.1 .1 .1 .1 Synthetic oil is used oil

EPA has determined that synthetic oils are included

in the definition of used oil because these ails 1) are

generally used for the same purposes as petroleum

.

derived oils, 2) are usually mixed and managed in

the same manner after use, and 3) present the same

level of hazard as petroleum-based oils. The agenc}+s

intent is to include all synthetic oils that function

similarly to petroleum-based lubricants, oils, and

surface agents under the definition of used oil . Syn-

thetic oils that may be considered used oil include

oils that are not petroleum-based (i .e .,

those pro-

duced from coal or oil shale), oils that are petro-

leum-based but are water soluble (e.g ., concen-

trates of metal-working oils/fluids), oils that are pol-

ymer-type, and nonpolymer-based oils . (September

10, 1992 ; 57 FR

41574, KO 117241

12.1 .1 .1 .2 Consolidated used oil is just used oil

In general, "EPA does not consider the consolida-

tion of different sources of used oil to be a mixture

of used oil . EPA regulates the consolidated used oil

as used oil under the Part 279 used oil manage-

ment standards." (R0

117861 The implication of

this guidance is that used oil from anywhere in a fa-

cillry can be consolidated into one or more used oil

storage tanks without regulatory concern

. This

would not apply, however, to metal-working oils/

fluids and CFC-contaminated used oil that are not

subject to the rebuttable presumption (see Section

12.1

.4 .2) .

---

1e oil

must be to ntamitiytm

(rides

(e .g.,

water, metal

slid,

lirt) and/or chemical imp

cents, halogens, or other

h8.

~) as a result

of

use,

of used oil

lefinition and criteria, exam

,

when used, are used oil ace

:

oil is used oil

't synthetic oils are included

oil because these oils

1)

ate

re,

llY

vine

mixed

andPurposes

3)

present

and

as

managedpetroleumthe

sameN

.

tin-based oils

. The agency's

mthetic oils that function

3sed lubricants, oils, and

definition of

used oil

. Syn.

nsidered used oil include

rn-based

(i.e

.,

those pro.

'ale),

oils that are petro-

!r soluble

(e.g.,

concen-

Vfluids), oils that are pol-

r-based oils

. (September

)

11724)

ised oil is just used oil

consider the consolida-

Ised oil to be a mixture

3

consolidated used oil

279

used oil manage-

6l

The implication

of

From anywhere in a fa-

I

one or more used oil

latory concern

. This

metal-working oils/

used oil that are not

Impuon (see Section

McCoy's RCRA Unrav

a 2006 McCoy and Assort,

CHAPTER 12

McCoy 5 RCRA Unraveled

Used OI)

.X0W,,andAaied

.W Inc

Figure 12-1

: Applicability of the Used Oil Management Standards

js[hematedal"usedoil'ordoesitconminused oll?

The material is not used all subject to regulation under 40

i raked all'is oil that has been refined from crude all,

No

CFR Part 279

.The material could be regulated as a hazard-

',:ara d

it*

theticoit

rise

aresultofuseiscontami- -0

Ours waste

if petroleum fractions are used for their solvent

that as

h ialorchemicalimplicfluids, heat-

of

could be anIg~tablehazardousmineral waspiritsstewhen

for

+feted by P Ys

discarde

clearing9

Examplesp

:uused all include lubricants, hydraulic fluids, heat-

transfer fluids, and metal-working fluids

§279 .1

;57FR41574;FAXBACK11570,I

The usedailmay

rt

managed under theused

i list

obe

Yes

11724,13639, 14018,14090,14396

arils of 40 CFR Part 279 if recycled

. If the used oil is to be

disposed, It must be managed as a hazardous Waste tin

.

der 40 CPR Peru 260-266,268, and 270

. Certain mated-

No

Does the used oil exhibit a characteristic of haurdaus yes

alsthat contain used ollaresubject toreduced regula-

waste by its own nature

(I.e .,

the characteristic does

-0 tort' requirements

. Continue with Figure 12-2

not result from mixing with a hazardous waste)?

I

§§27910(a),779

.10(b)(2)(11),27

9 .1 o(b)(3),

No y

27981(a)

;FAXBACK11Bi

1

Has the used all been mixed with hazardous waste

Yes

generated by conditionally exempt small quantity

Does the used all mixture exhibit a

generators?

characteristic of hazardous waste?

No 1,

Yes I

Yes j

Has the used oil been mixed

yes Wasthewaste listed solelybeauseltexhib-

No The used oil must be managed as

with a listed hazardous waste?

--1

oitsuswaste,

other than toxicity

(e.g F 031

_~

Pam260

.266,268,and27

0.~ R

No

I §279.la (b

)

(

2) I

§§279

.10(b)(1)(1),27910(b)(FAXBACK13570

2)(p;

I

Yes Does the used oilcpnsistof

:

-

No Can you demonstrate that

No

Does the used

-~ thehalogensdanotcome

ollcontain more --~ 1 .Metal-working

oils/fluids containing

rhibrinatedchlorinated

from hazardous wastes?

paraf ns where the oils/fluids are reclaimed under a

tailing agreement per §279,24(

at .

.

2

. Used oils from refrigeration or air conditioning units

FAXBACK 11828,

containing chioroluorocarbons (CFCs) where the

11870,11875,13282,

CFCs are being reclaimed? (No mixing of these used

13579,14340

oils with used oil from other sources Is allowed

.)

Yes

yes l

I

527910(b)(1)(11)(A-8)

;57 FR 41579 :

~h

FAXBACK

11735,11850,14051

The presumption that the

used oil has been mixed

The used oil may be managed under the used oil stand-

4---

With a hazardous Waste

ards of 40 CFR Part 279

. Certain materials that contain

has been rebutted

.

used oil are subject to reduced regulatory requirements

.

Continue with Figure 12-2

No

No +

§279

.10(b)(2)(II-III) I

Does the used all mixture exhibit Yes

the Ignitablliry characteristic?

than 1,000 ppm

total halogens?

No

Has the used oil

been mixed

with a hazard-

ous waste that

Is hazardous

solely because

itexhibluthe

characteristic of

Ignitabllity?

The used all must be man-

aged as a hazardous

waste under 40 CFR Parts

260

.266, 268, and 270

.

442

Has the used oil been mixed with a hazardous

Yes

279 . 0(b)(2)(1)

Does the used ail mixture exhibit Ye

waste that exhibits one or more hazardous

-f

any hazardous characteristic?

characteristics (other than just Ignitability)?

FAXBACK 13570

No +

Yes

Marketers and bumers of used oil destined for energy

Does the

lcontain

quantifiable

lev-~ ;:

recovery are subject to TSCA requirements of 40 CFR

al(greater

r

thanan

or equal

to

to

2

2 ppm) of PCBs?

761 20(l), Part 279 used oil standards also apply

.

No

4

I

§279

10(1),

58 FR 26423 I

Ills tiblectto40bCFRParts 57aand

28

.Certiand

materalsthatcontainus

edoilared

subject to reduced regulatory requirements Continue with Figure 12-2

.

Source

: McCoy and Associates. Inc

: adapted from

40 COR

Part 279.

Subpart B

a

---

CHAPTER 12

McCoy's RCRA Unraveled

Used Oil

02006Mccoyanda„o

c ;a ,,, M

Figure 12-2 : Used-Oil-Containing Material Eligible for Reduced Regulation

Is the used oil generated by a household do-it-

yes

These generators and their used all are not subject to the used od

yourselfer or by a farmer who generates less than -1, standards until the used oil Is subsequently collected for recycling,

or equal to 25 gallons of used all per month?

I § 27920(a )(l),(4);57FR415

88 ]

No 1

Ifthefilterdoesnotcontainvisiblesignsoffree-

isthematerialanon-teme-plated oil filter that has

Yes

flowing oil itis not subjectto the used oil standards

been gravity hot-drained? (Tame is atin/leadalloy)

1 (unless burned) or the hazardous waste standards

.

No

FA%BACK11704 .11754,14183

Is the used all mixed with a

Yes

Is the product diesel fuel that will be No,

Mixtures of used ail with fuels or

product?

used In vehicles owned by the

fuel products must be managed

generator of the used oil?

No

under the used all standards of

Yes

40 CFR Part 279

.

Prior to mixing, the used oil Is subject to the used oil generator standards

I

§279

10141111

After mixing, the mixture Is not subject to the used oil regulations

.

1

§27910(4)(2)

;

FAXBACK 14198,14305

I

Is the used oil contained In a ma-

Yes

Is the material to be burned for

Yes

The material must be managed

terial which has no visible signs

-

0 energy recovery?

-0 under the used oil standards of

of free-Rowing oil

(e.g., absorb-

40 CFR Part 279 .

ents, wipers, drained filters, etc .)?

No

I §279 .10(dR); 57 FR41585 ;

57 FR 41581

The material is not subject to the used oil

FAXBACK 11798, 14111

FAXBACI(

73639,

74111 I

standards ; however, if hazardous, the material Is

subject to the hazardous waste standards of 40

No

CFR Pans 260-266, 268, and 270 ..

I

127910(c)(1) ; FAXBACK 11777,11783

refining

Is the used

distillation

oil contained

bottomsin

re-

--*

Yes

standards

The material

or the

is not

hazardous

subject to

waste

the used

standardsoil

. 'f-

Noto

the

disposed

Nil the

ianmaterial

or

d (Iapplied.e. usebe

that

manufacture

are used

asphalt

as feedstock

products7to

constituting disposal)7

I

§§261 .4(b)(14),279.10(e)(1

),

(4);57FR41574

No

•

1,

Yes

Is the material reclaimed or

!~

No

Will the material be burned for energy recovery? If the materials are

derived from used oil?

Identified as hazard-

No

I

FAXBACK 13697

I

1No

ous wastes, they are

subject to 40 CFR

Is the used oil mixed with a

e

y s 1

The material must be managed under the

and

Pam

20

-266,268,

nonhazardous waste?

used oil standards of 40 CFR Part 279 .

No 4,,

1

§279 .10(e)(2); 58 FR 26422 I

1 §279.10(e)(311

Is the material wastewater conta- yes

The wastewater is not subject to the used oil standards . Used oil recovered from

ties

minated

of used

with

oil?

de

(De

minimis

minimis

quantl-

loss-

-t the wastewater must be managed under the 40 CFR Part 279 standards .

esaresmall spills, leaks, ordrip-

I

§279.10(f) I

pings during normal operations .

Is the used all produced an

The losses must be captured in

-~ vessels from normal ship- Yes

The used oil is not subject to the 40 CFR Part

wastewater subject to an NPOFS

board operations?

279 standards until It is transported ashoree

discharge permit or wastewater

discharged to a PO1W .)

No 1

I

§27910(h)

I

No

Source: McCoy and Associates, Inc; adapted from 40 ffR Part 279. subpart 0

Used all drained or removed from materials must be managed under

the 40 CFR Part 279 standards . No other special provisions apply

1

§279 10(c)(3)

MCCC

oa

6

aC

aC

aF

aE

E

a

a

ht

us

So,

do,

13,

12

---

MCCo

y's RCRA Unraveled

o 7 pp6 h1<=aY

and beodaes

.In,

Table 12-1

: Examples of Materials That,

When Used, Qualify as Used Oil'

Compressor oils

Coolants

4

Copper- and aluminum-wire drawing solution

4

Electrical insulating oil

4

Emulsions used as lubricants

4

Engine oil (typically includes gasoline and diesel

engine crankcase oils and piston-engine oils for

automobiles, trucks, boats, airplanes, locomotives,

and heavy equipment)

a Heating media

4

industrial hydraulic fluid

4

industrial process oils

4

Laminating oils

a Lubricant sprayed onto the bull gears of cement

kilns

A

Metal-working fluids and cutting oils

4

Mineral oil

4

Oils used as buoyants

4

Refrigeration oil

4

Synthetic oil (typically derived from coal, shale, or

polymer-based starting material)

4 Transmission fluid

e Used oil residues or sludges resulting from the

storage, processing, or re-refining of used oils

(when recycled by burning for energy recovery)

(This

usedlist

oilsiswhen

not comprehensiveused

.

; other materials may also quality as

Source004,

13697November

.14090-

: McCoy and

1996,

Associates,

May 3,1993Inc;

;

58adapted

FR 25422from

. RO

EPA/530/F-96/11570,

13639,

12.1 .1 .1 .3 Is spent grease used oil?

We have seen no guidance at the federal level

since the Part 279 management standards were is-

sued (in 1992) on the question of whether spent

grease could be managed as used oil . We think this

is probably a question best answered by autho-

rized states or EPA regions . Spealting of which, j

EPA Region VIII weighed in on this question in

1993, concluding that used grease meets the three

criteria listed in Section 12 .1 .1 (i .e., grease is de- `

rived from crude or synthetic oil, used as a lubri-

cant, and contaminated during use) . Thus, that re- .

CHAPTER 12

Used oil

Table 12-2

: Examples of Materials That,

When Used, Do Not Qualify as Used Oil'

o Animal and vegetable oil (even when used as a

lubricant)

o Antifreeze

e Kerosene

m Petroleum distillates used as solvents to solubilize

or mobilize leg, mineral spirits, petroleum

naphthas) and solvents manufactured from

synthetic materials

a Used oil re-refining distillation bottoms that are

rued as feedstock to manufacture asphalt

products2

o Waste oil resulting from cleanout of fuel storage

tank bottoms, spills of virgin fuel oil, or other all

wastes that have not been used

_

'The list is not comprehendve; other materials may

also

nor qua,

III as used oils when used

2These

(8261 .41b)11411wastes

are also exempt from hazardous waste regulation

EPA/530/F-96/004,

Source41574-41575,RO

: McCoy and

14018,14090,14396,14550Associates,

November 1996,

Inc

: adapted

Septemberfrom

.

10,

5279

1992Wells),

; 57 FR

gion would allow generators of spent grease to

manage it as used oil, subject to the Part 279 man-

agement standards, [Letter from Terry Anderson,

EPA Region VIII to Marion Loomis, Wyoming

Mining Association, December 1, 19931

12 .1 .1

.2 Materials that are not used oil

The materials listed in Table 12-2 do not meet the

definition and/or three defusing criteria for used

oil

. Therefore, when these materials become solid

wastes, they must be managed as hazardous

wastes if they exhibit a characteristic or are listed,

A petroleum-based solvent is used to clean oily

machined parts

. When spent the solvent con-

tains significant quantities of oily residues, Can this

spent solvent be managed as used oil?

A

No

. The oily residues are present because of

the solvent's use in cleaning . EPA does not

consider spent petroleum-based solvent to be used

oil and does not allow it to be regulated as such

.

When the solvent is spent, it is a spent material and

would be a solid waste when burned for energy

---

CHAPTER12

Used Oil

recovery, sent for disposal, or reclaimed . A hazardous

waste determination would have to be made for

this

solid waste using testing or knowledge

.. [RO 143961

Note that "used oil" and "waste oil" are not inter-

changeable terms

. Waste oil or oily waste does not

always meet the definition of used oil . As noted in

Table 12-2 for instance, tank bottoms from a fuel oil

storage tank or residues from a spill of virgin oil

may be contaminated with impurities but still not

meet the used oil definition, because these materi-

als have never been used

. [EPA/530/K-02/0251, Oc-

tober 2001, available from http ://wwwepa .gov/ I

epaoswer/hotline/training/uoil

.pdf]

j

12 .1

.2 All used oil is recyclable until a

decision is made to dispose

EPA has based the Part 279 used oil management

standards on a presumption that all used oil is recy-

clable and therefore should be regulated under

presumption

one set of standards-the

applies regardless

Part 279

of

standardswhether

. Thisthe

I

I

used oil exhibits a hazardous characteristic (at its

point of generation) and regardless of whether the i

used oil will ultimately be recycled or disposed

. I

[§279.10(a),

RO 14739] "In other words, the gen- I

prior

erator

to

(or

the

any

person

other

who

person

decides

who

to

handles

dispose

the

of theoil

I

oil) need not decide whether the used oil eventu-

ally will be recycled or disposed and thus need not

tailor its management of the oil based upon that

decision (and, if destined for disposal, whether the

used oil is hazardous)

. Rather, the Part 279 stan-

dards apply to all used oils until a person disposes

of the used oil, or sends it for disposal" (Septem-

ber 10, 1992 ; 57 FR 415781

According to EPA, "[t]he recycling presumption al-

lows a used oil handler or any other person who han-

dles the oil prior

to the person who decides to dis-

pose of the oil, to presume that his/her used oil will

be recycled regardless of is final disposition

." [RO

14054] As such, these persons (generators, transport-

en, processors, bumes, and marketers) would only

be subject to Part 279, unless one of them decides to

dispose the used oi

. See Case Study 12-1 .

McCoy's RCRA Unraveled

-

a 206 McCoy and

Anocdt,,,pa .

"If used oil is recycled, however, no characteristi

c

determination is required, but all parties handlin

g

the used oil must comply with the Part 279 my

,

agement standards" [57 FR 41579] Hence, the f

characteristics

generator of used

unless

oil

he/she

does not

is

need

going

to

to

test

dispose

it fitor

V,

[EPA/530/H-98/001] (If a used oil generator is

I

sending its used oil to a processor or fuel biendet

[, .

there is also no need for the generator to deter-

mine if the used oil meets the used oil specification

in §279 .11 ; a generator would only need to make

on-spec

such a determination

used oil or was

if

sending

it was

the

burning

oil directly

it onsite

to

asa

k

burner-see Section 12.3 .)

This recycling presumption applies only for "as-

generated" used oil (i.e-,

used oil that has just been

F'.

drained from equipment or service vehicles and

Case Study 12-1 : Generator

Requirements When Processor

Disposes Used Oil Instead of

Recycling It as Originally Planned

A generator sends used oil to a processor to

be recycled, but the processor disposes the

used oil instead.

. In this situation, is the gener-

ator required to determine If the used oil is

hazardous and revise its records since it was

not recycled as originally planned?

No. The generator does not have to perform a

hazardous waste determination for used all

originally sent to the processor for recycling

.

The used oil Is presumed to be recyclable

(and therefore subject to Part 279) until the

decision is made to dispose it At that time,

the person who is in control of the used oil

(the processor In this case) Is responsible for

performing a hazardous waste determination

and complying with the hazardous waste reg-

ulations if necessary. Anyone who handles

the used oil prior to that time can presume

that the used oil will be recycled, regardless of

Its final disposition . [RO 14054, 147391

has

scat

and -

12

T h,

dctr

oft

suc

mu

arc

list,

10 1

nib

nil

wi

list

tic,

arc

Col

4)

an

ha

pt,

ou

ha

---

or

ssor

of

nned

_essorto

uses the

he gener-

sed oil is

ce it was

ierform a

used all

recycling

.

~cyclable

until the

hat time,

used oil

nsible for

mlnation

Naste reg-

handles

presume

ardless

'39]

of

aractedsti-

t 279 man_-

Hence, the --

I test it for

o dispose is

;enerator is

uel

or to

blenderdeter_

; !,

;

;

red

Pacificationto

make c

:

it onsite as

directly to a

oily for "as-

as just been

ehcdes and

rCoY's RCRA Unraveled

orpp6Af[CayJnda OZiSI e

.lnc

has noc been mixed with any other material) Its

status may change if the used oil is mixed with haz-

ardous waste or other materials (see Sections

12 1 3-12.1

.6)

The recycling presumption and the Part 279 stan-

dards no longer apply once the entity in possession

of the used oil decides to send it for disposal

. Once

such a disposal decision has been made, that entity

must determine if the used oil is a hazardous waste

and manage it as such if it is

. Since used oil is nor a

listed hazardous waste at the federal level, used oil

to be disposed would be hazardous only if it 1) ex-

hibits a hazardous waste characteristic (by its own

nature or by mixing characteristically hazardous

waste into ic), 2) has been mixed with ICR-only

listed waste and continues to exhibit a characteris-

tic, 3) has been mixed with non-ICR-only listed haz-

ardous waste (other than listed waste generated by

conditionally exempt small quantity generators), or

4) contains greater than 1,000-ppm total halogens

and the presumption that it has been mixed with

hazardous waste cannot be rebutted . Used oil dis-

posal is subject to §279

.81, which requires hazard-

ous used oil to be managed in accordance with the

hazardous waste regulations .

12 .1 .3 Mixing used oil with hazardous

waste

The regulations governing mixtures of used oil

and hazardous waste are codified in §279 .10(b)-

The standards differ for used oil mixed with charac-

teristic waste versus used oil mixed with listed

waste, as discussed below.

Remember that used oil exhibiting a hazardous

characteristic by its own nature (before it is mixed

with any other material) may be handled under

the less-stringent Part 279 standards and is exempt

from hazardous waste regulation if recycled

. Con

sequently, generators should think long and hard

about mixing used oil with any waste that could be

hazardous

; doing so could jeopardize the applica-

bility of Part 279 and may require compliance with

the full set of hazardous waste regulations. . Addi-

tionally, such mixing is generally considered haz-

CHAPTER12

Used OIl

ardous waste treatment, and a permit may be

required for this activity

Note that the §279

.10(b) used oil mixture rules do

not apply co mixtures of used oil and hazardous

waste generated by conditionally exempt small

quantity generators regulated under §261

.5 Such

mixtures are always regulated as used oil under

Part 279, even if the total halogen concentration

exceeds 1,000 ppm

. [§§261 5(j), 27910(b)(3)]

In general, mixtures of used oil and hazardous

waste follow the three elements of the hazardous

waste mixture rule (discussed in Section 5 I), with

used oil as the solid waste .

12.1 .3.1 Used ail mixed with characteristic

hazardous waste

The regulations contain two scenarios for mixtures

of used oil and characteristic wastes :

1

. Used oil is mired with a waste that is hazardous

safely because it exhibits the characteristic of ignit-

ability-In this situation, if the mixture does not

exhibit the characteristic of ignitability, it can be

managed as used oil under Part 279, regardless

of any other hazardous characteristics that the

mixture may exhibit [§279,10(b)(2)(6i)] For

example, used oil that inherently exhibits the

toxicity characteristic for lead is mixed with an

ignitable hazardous waste (D001), and the re-

sulting mixture is no longer ignitable

. Under

§279

.10(b)(2)(iii), this mixture may be man-

aged as used oil under Pare 279, even though it

may still exhibit the toxicity characteristic for

lead . This provision represents an expansion of

the hazardous waste mixture rule

. [EPA/530/

K-02/0251, RO 11776,13S901

2

. Used oid is mixed with a waste that is hazardous be-

muse it exhibits one or more hazardous characteris-

tics (other than just ignitability)-When this oc-

curs, if the mixture exhibits any hazardous char-

acteristic, it is regulated as hazardous waste

.

[§27910(b)(2)(), RO 135703 On the other hand,

if the mixture does not exhibit any hazardous

characteristic, it may be managed under the

---

CHAPTER

1

2

Used Oil

Pan 279 used oil standards . [§279 .10(b)(2)(ll)]

If the same used oil exhibiting the toxicity char-

acteristic for lead is mixed with a D003 reactive

waste instead of an ignitable-only waste, the re-

sulting mixture would need to be void of both

the toxicity and reactivity characteristics (and

all other characteristics) in order to be man-

aged as used oil . Otherwise, it would have to be

managed as a hazardous waste

. [EPA/530/lC-

02/0251, RO 11776, 13590]

12 .1 .3 .1 .1 EPA trying to dose a loophole

As noted above, the used oil regulations in Part 279

allow characteristic hazardous waste to be mixed

with used oil . If the resulting mixture doesn't ex-

hibit a characteristic, the mixture is subject to regu-

lation as used oil-not hazardous waste . Used oil

that is recycled (including burning for energy recov-

ery) is not subject to any hazardous waste regula-

don in Parts 260-266, 268, and 270. [§§261.6(a)(4),

279 .10] This "loophole" allows characteristic haz-

ardous wastes to be mixed with used oil and re-

lieved of Subtitle C regulations, specifically includ-

ing the land disposal restrictions (LDR) provisions .

[September 10, 1992 ; 57 FR 41605] EPA attempted

to close this loophole in 1995 [October 30, 1995

;

60M 55202], but the agency had to back off a few

months later due to a ruling issued by the U .S .

Court of Appeals for the District of Columbia Cir-

cuit. [June 28, 1996 ; 61

FR

33691]

Even though the loophole still exists, mixing used

oil with characteristic hazardous waste is consid-

ered treatment (as noted earlier) and, therefore,

would have to be performed in a 90- or 180-day ac-

cumulation unit or a permitted unit (see Case

Study 12-2) ; in addition, the used oil generator

storage tank standards in Part 279, Subpart C

would apply. [RO 11679, 11708, 13570]

12.1 .3 .2 Used oil mixed with listed

hazardous waste

If used oil is mixed with a listed hazardous waste (ex-

cept ICRonly listed waste), the mixture is subject to

regulation as hazardous waste (under Parts 260-

266, 268, and 270) instead of used oil under Pan

McCoy's

a2006MCCOV

RCRA

and A„

Unraveled

279. [§279 .10(b)(1)] For example, if listed

hmsid

ous waste (e.g„ waste brake cleaner or other

rj,bd

nated spent solvent) is blended into used oil, the

I n(t.

de

Lure

C

would

regulationsbe

a hazardous

. If the mixture

waste subject

is burned

to

for

all

eneSubd

.

in

recovery,

Part 266,

the boiler

Subpart

and

H will

industrial

apply

furnace

IRO 13570](BM

rule

s

There are 29 listed wastes that were listed solely be,

cause they exhibit a characteristic of ignitability

car.

rosivig6 and/or reactivity OCR-only listed wastes_

see Table 5-1) . If one of those 29 listed wastes i

s

mixed with used oil, the riles are the same as for mix

.

tares of used oil and characteristic wastes discussed

in Section 12.1 .3.1 . [§279 .10(b)(2)]

12.1 .4 Rebuttable presumption

During the development of the Part 279 standards,

EPA sampled and analyzed used oil from all

Case Study 12-2: Mixing Hazardous

Waste and Used Oil Is Treatment

A facility mixes used oil and spent mineral spir-

its that exhibit the characteristic of ignitability

only. Is the tank where mixing occurs regulated

as a hazardous waste treatment tank or a used

oil tank?

When the spent mineral spirits and used oil are

placed in the same accumulation tank, the

tank is regulated as both a hazardous waste

tank under §26234 and a used oil tank under

§27972 "Regardless of whether the resultant

mixture is used oil or hazardous waste, both

sets of standards apply as the used oil and haz-

ardous waste are being mixed In the same

tank . However, the only additional require-

ment that is added In Part 279 Is that the tank

must be labeled with the words 'used oil : This

mixing (is] considered treatment, since the pur-

pose of the mixing Is to make the waste more

amenable far recovery (i.e,

energy recovery),

and/or to make the waste less hazardous

Ii-e,

to remove the solvents ignitable characteris-

tic).' (RD 11679, 11708, 135701

---

fisted hazard

:

other chloei_

.

i oil, the ritb-,`

x to all Subt

; :. „

:d for energy

; ,

:e

(B[F) rules

L3570]

red solely be

.

nimbiliry, tar.'

.

ed wastes`

ed wastes is

ne

as for

mix.

tes discussed

'9 standards

)i1 from all

neral spir-

lnitability

regulated

or a used

;ad oil are

tank, the

us waste

nk under

resultant

ste, both

I and haz-

he same

I require-

:the tank

d oll'Thls

e the pur-

iste more

recovery),

dons (Le,

iaracteris-

MCCo

ys

RCRA

Unraveled

01706 MCCO'O"J ASSUda1P3

. ,M

around our great country . The agency found that

the used oil often contained high concentrations of

ha

logens-especially chlorinated constituents .

After researching this issue, EPA determined that

the source of these halogenated compounds was

often spent chlorinated solvents that were being

mixed into used oil . From the used oil mixture pro-

visions noted in the previous section, mixing listed

spent solvents into used oil causes the mixture to

be a fisted hazardous waste .

During inspections, it is often difficult for regula-

tory personnel to determine if a hazardous waste

has been mixed into used oil . Therefore, the

agency established a rebuttable presumption in

the part 279 standards that states : if used oil con-

tains more than 1,000-ppm total halogens, it is pre-

sumed to have been mixed with listed spent sol-

vents, and so it is presumed to be Fool or F002

listed hazardous waste under the mixture rule .

[§§261

.3(a)(2)(v), 279 .10(b)(1)(ii), November

29, 1985 ; 50 FR 49176) Such used oil must be

managed as hazardous waste . (RO 13282)

Because of this rebuttable presumption, when the

used oil transporter comes onto a facility's site to

haul away used oil, the transporter will usually

check for total halogen content (typically using a

calorimetric test lit) . [§279 .44(a) and (b)] if the

total halogen level exceeds 1,000 ppm, "[t]he

transporter may accept such shipments of used oil

as a hazardous waste transporter .. .." For situa-

tions when the transporter doesn't test for total

halogens before accepting the used oil and subse-

quently determines it has greater than 1,000-ppm

total halogens, "if the original generator of the haz-

ardous waste cannot be identified, the transporter

may have to assume hazardous waste generator re-

sponsibilities and comply with both the generator

standards of 40

GEE

Part 262 as well as the hazard-

ous waste transporter requirements of 40 CFR Part

263."

[September 10, 1992; 57 FR 415923

The rebuttable presumption applies to all used oil

regardless of whether it will be recycled or dis-

posed, and must be applied to the used oil before it

CHAPTER 12

Used 011

is blended with other materials . Used oil contain-

ing more than 1,000-ppm total halogens may not

be blended to lower the halogen level below 1,000

ppm in order to meet the rebuttable presumption

and call the used oil nonhazardous . [September

10, 1992 ; 57 FR 41579, EPA/530/K-02/02511

12.1 .4 .1 How to make a rebuttal

The agency understands that some used oils may

exceed the 1,000-ppm total halogen limit without

having been mixed with hazardous waste . In these

cases, the generator or other entity with posses-

sion can rebut the §279 .10(b)(1)(ii) presumption

by demonstrating through analysis or other docu-

mentation that the used oil does not contain haz-

ardous waste. [RO 132821 If a rebuttal is success-

ful, the used oil will be subject to the used oil regu-

lations instead of the hazardous waste standards .

Rebuttals can, but do not have to, be based on actual

testing of the used oil . For example, an SW-846 ana-

lytical method could be used to prove that the used

oil does not contain "significant concentrations" of in-

dividual halogenated hazardous constituents listed

in Appendix VIII of Part 261 . EPA recommended that

SW-846 Method 8010 be used when rebutting the

presumption based on testing

. [September 10, 1992 ;

57 FR 41579] That method was subsequently de-

leted from SW-846 in December 1996 . However; a

table listing 10 common SW-846 methods that may

be used to rest used oil for halogens can be down-

loaded from httpl/wwwepagov/epaoswe /hazwa=W

tesvfags_uoil .htnt.

The regulations do not define "significant concentra-

tions."

Howeve; regarding hazardous halogenated

solvents, "EPA has stated that a level of 100 ppm of

individual solvent compounds is generally consid-

ered a significant concentration

. Thus, one may try

to rebut the presumption by showing that less than

100 ppm of any individual hazardous halogenated

constituent listed as a hazardous spent solvent in 40

OR 261

.31 is present."

However

; other site-specific

factors will also have to be considered . [November

29, 1985 ; 50 FR 49176, RO 13579]

---

CHAPTER 12

Used 011

Thus, if none of the halogenated solvents in the

FC01 and F002 spent solvent listings (e g ., trichlo-

roethylene, 1,1,1-trichloreethane, methylene chlo-

tide) are contained in the used oil at concentra-

dons of 2100 ppm, you can successfully rebut the

presumption that hazardous waste was mixed into

the used oil, and your material is just used oil sub-

ject to Part 279 If, conversely, analysis indicates

that one or more of the halogenated solvents in

the F001 or F002 spent solvent listings are present

in the oil at 2100 ppm, the presumption is not re-

butted, and the material must be managed as a

hazardous waste .

The presumption could also be rebutted by demon-

strating that all halogens are inorganic

(e .g ., salts) ..

[RO 12738]

Another way of rebutting the presumption would

be to document the source of the halogens (i .e.,

show that the halogens are not attributable to regu-

lated, listed spent solvents) . Three examples of

this approach are as follows :

1 . Used oil that contains less than 1,000-ppm

total halogens is placed in RCRA-empty drums .

However, residues remaining in the drums

cause the total halogen level to exceed 1,000

ppm . In this case, if the containers meet the

definition of RCRA-empty, information attrib-

uting the source of the halogens to residues re-

maining in the drums would be sufficient to

rebut the presumption . The halogens would

not be attributable to mixing with listed spent

solvents because the drums do not, by defini-

tion, contain RCRA-regulated hazardous

waste . [RO 11870]

2 . A company collects do-it-yourselfer oil waste

from households, and the used oil contains

more than 1,000-ppm total halogens . In order

to rebut the presumption of mixing with listed

spent solvents, the firm could provide docu-

mentation that the source of the used oil is ex-

clusively household waste (which is excluded

from the definition of hazardous waste) and

prove that the chain of custody has been main-

McCoy's RCRA Unrav

¢ I¢d

-205 MCCC"and

annua

l

waste

tained

after

to prevent

collectionmixing

. [RO 11828,

with hazardou118751

s

3 .

rot

A conditionally

(CESQG) mixes

exempt

a small

small

amount

quantity

of

generaF005

.

listed spent solvent into its used oil

. The remis-

ing used oil contains 2,000-ppm total halo-

gemsted

by

. The

providing

presumption

convincing

of mixing

documentation

can be rebutto

.

show that the mixture is an excluded CESQG

used oil mixture covered under §§261 SQ) and

279 10(b)(3) . [RO 14627]

Even if a rebuttal is successful, if the total halogen

level in the used oil exceeds 4,000 ppm, the used

oil will not meet the used oil specification limit for

total halogens (see Case Study 12-3 and Section

12

.3 .1) . The material is still used oil subject to pan

279, but it is off-spec used oil Consequently, if the

used oil is destined to be burned for energy recov-

ery, it will have to either be 1) processed to lower

the total halogen level prior to burning, or

2) burned as off-specification used oil fuel (in

Case Study 12-3

: Presumption

May Be Rebutted Regardless of

Halogen Level

Used oil that Is burned for energy recovery is

.

considered to be off specification if it card-

.;

tains more than 4,000-ppm total halogens

;&l

[§279

.111 If an automotive service statlpt3,'t

;

generates used oil that has a total halo

9e a

level of 5,000 ppm, can the owner still rebuti

the presumption that the used oil was

mix

ed

.

^

with listed spent solvents?

Yes . The rebuttable presumption operates,

dependently of the used oil specifcatop

level for total halogens

. "There is no halogen

level over which it is Impossible to rebuttfie

presumption of mixing . . .

. Regardless oftli

specification of the used oll,

.

.a handler

ways has the option of seeking to rebut fh

presumption of mixing with a listed h

ous waste." [RO 143401

which c

with Pa

12.1

.4-

presun

EPA rec

naced v

simply I

with ht

has exe

the rebt

1 mle

rat

dor

flui'

§ 22

;

beli

hat

mu

con

the

anc

ha%

pro

the

dot

tin:

levy

10,

2 Use

tha

bor

.pre

---

RCRA Unraveled

Coy wd Asrai~,,,, Ink

ith

hazardous

'28,118751

luantiry genera

mount of F005 "? -

J oil

. The resWt-

tpm total halo,

ag can be rebut-

c

umentation to

cduded CESQG

§§261

.5(j) and

to total halogen

I ppm, the used

ication limit for

1-3 and Section

il subject to part

sequently, if the

or energy recov-

c

essed to lower

:o burning, or

led oil fuel (in

Tiption

diess of

ry

recovery is

:ion if it con-

tal halogens,

(vice station

otal halogen

ier still rebut

Al was mixed

n operates in-

ipecificatlon

s no halogen

t

to rebut the

irdless of the

a handler al-

l to rebut the

listed hazard-

Mpcny's RCRA Unraveled

p

;W6MCCCY 'dAUOOrteS.in'

CHAPTER 12

Used Oil

been mixed with used oil from other sources

remain subject to the rebuttable presumption,

as do oils from which the CFCs are not re-

claimed-(110 11735,11850,140511

Generators of used oil that qualify for one of these

two exemptions do not have to prove that the ail

has not been mixed with a hazardous waste even

though it may contain more than 1,000-ppm total

halogens . However, such oil remains subject to the

Part 279 standards

.

which case the used oil fuel handlers must comply

with part 279, Subpart G) .

12,1

.4.2

Exemptions from the rebuttable

'presumption

EpA recognizes that some oils can become contami-

nated with more than 1,000-ppm total halogens

simply through normal use (without mixing them

with hazardous waste)

. Accordingly, the agency j

has exempted two specific types of used oil from

the rebuttable presumption

:

1

. Metal-working oils/fluids containing chlori-

nated paraffins are not subject to the presump-

tion if they are processed to reclaim the oils/ I

fluids via a tolling arrangement as described in

§279 .24(c) . (§279 10(b)(1)(ii)(A)l EPA

believes that tolling agreements "restrict the

handling of the oils/fluids and provide for a

mutual interest in preventing any potential

contamination of the oils/fluids to assure that

the oils/fluids can be recycled

." Generators j

and/or handlers of metal-working oils that i

have not entered into a tolling agreement to

i

provide for their recycling remain subject to

the rebuttable presumption . Thus, they must

document that the oils are not mixed with chlo-

rinated hazardous wastes if the total halogen 1

levels are greater than 1,000 ppm- [September

10,1992; 57 FR 415791

2

. Used oils removed from refrigeration units

that are contaminated with chlorofluorocar-

bons (CFCs) are not subject to the rebuttable

presumption if the CFCs are destined for reda-

mation .. [§279 .10(b)(1)(ii)(B)1 This exemp-

and hot-draining, 2) hot-draining and tzvshmg,

tion extends to used oil contaminated with

3) dismantling and hot-draining, or 4) any other

chemicals (such as hydrochlorofluorocarbons !

equivalent hoc-draining method that will remove

or HCFCs and hydrofluorocarbons or HFCs)

I

dung

the used oil- Prior to draining, the storage and ban-

that are used in a manner similar to CFCs in re-

tiling of used oil filters must comply with the used

frigeradon units- (RO 144001 The used oil is

oil management standards in Part 279- [September

exempt from the rebuttable presumption at

10,1992

; 57 FR 41581, RO 11704, 14183]

the point of draining from the compressors as I

"Hot-drained" means that the oil filter is drained

long as the CFCs (or HCFCs or HFC5) are even

•

near engine operating temperature and above

mally reclaimed (Le ., removed from the used I

room temperature Cie-, 60°F)

. EPA recommends a

oil) . CFC-contaminated used oils that have

.

minimum 12-hour hoc-drain time for punctured or

12 .1 .5 Used oil filters

Depending on their material of construction and

whether or not they have been drained, most used

oil filters are excluded from the hazardous waste

and used oil regulations . [9261 4(b) (13)) As dis-

cussed below, if they don't qualify for that exclusion,

used oil filters may be subject to the Part 279 used

oil management standards, RCRA Subtitle D non-

hazardous waste provisions, or, under a worst-case

scenario, applicable hazardous waste regulations

.

12.15

.1 Exclusion for non-terne-plated

filters

Under §261

.4(,b)(13), EPA excludes non-terne-

plated used oil filters from automobiles, trucks, off-

road vehicles, diesel-powered locomotives, and

heavy equipment from the RCRA hazardous waste

regulations and used oil regulations, as long as

they

are not mixed with listed hazardous wastes

. [RO

11704] in order to qualify for the exclusion, used

oil filters must be gravity hot-drained by 1) punctur-

ing the filter anti-drain back valve or the filter dome

---

CHAPTER 12

Used Oil

pierced used oil filters

. The agency notes that if an

oil filter is picked up by hand or lifted by machin-

ery and used oil simply drips or runs from the fil-

ter, the filter is not considered to have been

drained . [May 20, 1992 ; 57 FR 21531] Used oil re-

moved from filters is subject to the Part 279 used

oil management standards if it is recycled . [Sep-

tember 10, 1992 ; 57 FR 41581] Furthermore, any

residual oil that leaks out of processed used oil fil-

ters (e .g, after the filters have been drained and

crushed) remains subject to Part 279 . [RO 14202]

i

Used oil filters that qualify for the §261 .4(b)(13) ex-

dusion (i .e, they've been hot-drained) may be dis-

posed in a nonhazardous waste landfill without per-

forming a hazardous waste determination . [May 20,

1992; 57 FR

21531, RO 11754, 14183] Such drained

filters may alternatively be considered scrap metal

[and therefore are eligible for the §261 . .6(a) (3) (ii) ex-

emption] if they do not contain a significant amount

of liquid and they will be recycled . Used oil filters do

not contain a significant amount of liquid once the

used oil has been drained or removed to the extent

I

possible such that there are no visible signs of free-

(owing oil . [§279 .10(c), RO 11566, 13498, 14183, i

14184] See Section 4 .8 .6 for additional discussion of

used oil filter management

II

12.1 .5 .2 Nonexcluded oil filters

I

Terne-plated used oil filters are not included in the

§2614(0)(13) exclusion because the teme (tin/

lead alloy) plating makes the filter exhibit the toxic-

ity characteristic for lead . [May 20, 1992; 57 FR

21531] Terne maybe used on filters found in heavy

trucks or equipment

. It is often difficult to differenti-

ate between terne- and non-teme-plated filters

.

Generators of used oil filters may have to contact

the filter's manufacturer to obtain this information

. Ii

Other types of filters, such as fuel filters, transmis-

sion oil filters, hydraulic fluid filters, and specialty

filters are also not included in the scope of the

§261 .4(b)(13) exclusion, because EPA lacked

quantitative data on these types of units . [May 20,

1992 ; 57 FR 21532, RO 118081

i

McCoy's

0 2006 McCoy

RCRA

and

Unravel

Auo

co, n

e

K

d

Used oil filters that do not qualify for the used oil

') I

filter exclusion in §261

.4(b) (13) or scrap meta

l,, .

'

emption in §261

.6(a)(3)(ii) are subject to the Pan

44

279

example,

used

if

oil

the

standards

filters

if

(drained

they will

or undrained)

be recycled

areForro

I

be burned for energy recovery, they are regulated

as used oil under Part 279 . [§279

.10(c)(2), Ro

11808, 13639] If the filters cannot be recycled, they

must be disposed . . If these solid wastes are not haz-

ardous, they may be disposed in accordance with

Parts 257 and 258 . [§279

.81(b), RO 11808] If N

.

ters to be disposed exhibit a hazardous charatteris

.

tic, they must be managed as hazardous waste .

12.1

.6 Other mixtures of used oil and solid

wastes/other nonhazardous materials

Used oil is often mixed with, or contaminates, many

types of material besides hazardous waste and fi]-

ters. The regulatory status of such mixtures and con-

taminated materials is detailed in §279 10(c-0 and

described below.

12 .1 .6.1

Used oil mixed with fuels

With one exception, mixtures of used oil and fuels

or fuel products are regulated as used oil under

Part 279

. [§279

.10(d)(1)] This provision assumes

that the mixture will be recycled

(i.e., burned for

energy recovery) .

The one exception is for mixtures of used oil and

diesel fuel. Under §279

.10(d)(2), mixtures of used

oil generated onsite and diesel fuel that are used

as fuel in the generator's own vehicles are not sub-

ject to the Part 279 regulations after the mixing

occurs

. However, all other applicable regulations

(e .g.,

Clean Air Act standards) pertaining to the

management or burning of such mixtures apply

Prior to mixing, the standards for used oil genera-

tors (Part 279, Subpart C) apply to the used oil

.

[RO

14198, 143051 EPA has decided that this ex-

ception at §279.10(d)(2)

also applies to mixtures

of used oil and JP-B

. [RO 14305]

12 .1

.6.2 Used oil-contaminated materials

Materials (e.g., absorbents, rags and wipers, scrap

metal, etc .) that are contaminated with used oil

---

RCRA Unraveled

(eayandAgecIa,es.lr

¢

for the used oil

a scrap metal

ea5_

tbject to the Pan

be recycled

. For

mdrained) are to

ey are regulated

79.10(c)(2), RO <

be recycled, they

rites are not haz

.

accordance with

RO 11808] if fil-

.-dous characreds

.

ardous waste,

rd oil

and solid

materials

iraminates, many

)us waste and fit-

mixtures and can-

§279 . 10(c-0 and

fuels

used oil and fuels

is used oil under

irovision assumes

I (i

.e ., burned for

!s of used oil and

, mixtures of used

itel that are used

hides are not sub-

after the mixing

icable regulations

pertaining to the

:h mixtures apply

)r used oil genera-

ly to the used oil .

tided that this ex-

pplies to mixtures

1

ted materials

and wipers, scrap

iced with used oil

MC Cd

y's RCRA Unraveled

p1 , A,,or endAa,ndiies lncM

fail

into two regulatory categories [§279 10(c),

September 10, 1992 ; 57 FR 41581, May 3, 1993 ;

S8 F9 26423,

RO 11704, 13639, 14111] ;

1 Materials that contain visible signs of free-flow-

ing oil-As long as they are destined for recy-

ding, such materials are regulated as used oil

under Pan 279 until the used oil is removed

from the material (i .e ., the material no longer

contains visible signs of free-flowing oil) .

2

. Materials that do not contain visible signs of

free-flowing oil-These materials are not used

oil and are not subject to Part 279 .

EPA recommends that used oil be separated from

used oil-contaminated materials before the mix-

ture is managed . Prior to separation, the mixtures

leg, dripping rags) must be stored and handled in

compliance with Part 279 .

After separating used oil from these materials such

that they show no visible signs of free-flowing oil,

the materials are no longer subject to Part 279 . As

such, if the materials will be disposed, they are solid

wastes, and the generator must determine whether

or not they are hazardous

.. Because used all is not

listed (at the federal level), the only way these used

oil-contaminated solid wastes could be hazardous is

if they exhibit a characteristic or if they were mixed

with listed hazardous waste

. if so, they must be

managed as hazardous waste . If these materials do

not exhibit a characteristic (and were not mixed

with listed hazardous waste), they are nonhazard-

ous solid waste

. (A hazardous waste determination

is not required for drained non-teme-plated used

oil filters, as discussed in Section

[57

FR

41585, RO 11777, 11783]

However even if a used oil-contaminated material

to be disposed does not exhibit a characteristic

(eg, a wrung-out oily rag) and, therefore, is not

considered a hazardous waste under the federal reg-

uladons, some states may regulate them as "special

wastes" (e .g.,

certain petroleum-contaminated, non .

hazardous wastes) when disposed . (RO 117981

Steel turnings generated during machine shop

operations are coated with cutting oil

. As

CHAPTER12

Used Oil

noted in Section

12 .1 .1, used cutting oil is considered

used oit. What is the regulatory status of the used

oil-

coated turnings?

A

3

The steel turnings coated with used oil

a"'

would be regulated as used oil if they were

visibly dripping with used oil . Once the used oil has

been removed so that they no longer contain visible

signs of free-flowing oil, they may be managed as

soap metal if recycled, [RO 11184, 11783, 13639]

Used oil that is separated from such used oil-con-

taminated materials is subject to the Part 279 regu-

lations unless is is destined for disposal (in which

case it is a solid waste and must be evaluated to de-

termine if it is a hazardous waste). For instance,

used oil recovered from sorbents, industrial wip-

ers, and scrap metal is subject to Part 279 when re-

cycled . [57 FR 415811

12.1 .6.2 .1 Contaminatedmaterials are

used

oil when burned for energy recovery

Materials that contain or are contaminated with

used oil are regulated as used oil if they are burned

for energy recovery. [§279 .10(c)(2), 57 FR 41585]

This applies regardless of whether the materials

contain visible signs of free-flowing oil . More de-

rail on

this

issue is provided in Case Study 12-4

and Section 12 .3 .4 .

12.1 .6 .3 Residues from managing used all

The regulatory status of materials that are reclaimed

or derived from used oil depends on how they are

managed . If the materials are used beneficially

(e.g., re-refined lubricants) and are not 1) burned

for energy recovery 2) disposed, or 3) used in a

manner constituting disposal, they are products-

not used oil (and therefore are not regulated under

Part 279) . f§279 .10(e)] In addition, such materials

are not solid wastes and, therefore, cannot be haz-

ardous wastes. On the other hand, any materials

produced from used oil that are bunted far energy

recovery are regulated as used oil. Finally, any mate-

rials derived from used oil (except used oil re-refitt-

ing distillation bottoms that are used as feedstod(to

manufacture asphalt products) that are disposed or

---

CHAPTER12

Used Oil

McCoy's RCRA

Unraveled t

0 2006

McCoy,nd A„ o , ;,,,. .

[

Case Study 12-4: Used Oil Storage Tank Bottoms Burned for Energy Recovery

An automotive repair shop stores used oil in an

onsite storage tank

. The used oil is not mixed

with any other waste streams . Over time, the sol-

ids and heavy fractions have settled out of the

used oil, causing a thick tar-like layer to accumu-

late at the bottom of the used oil storage tank

.

The tank bottoms typically exhibit the toxicity

characteristic for benzene, cadmium, chromium,

and lead, If the owner sends these tank bottoms

offsite to be burned for energy recovery, must

they be handled as used oil or hazardous waste?

According to §279 .10(e)(2), residues or sludges

resulting from the storage, processing, or re-refin-

ing of used oil are considered used oil when they

are recycled by burning them for energy recov-

used in a manner constituting disposal are solid wastes

and therefore are subject to the hazardous waste reg-

ulations if they exhibit a characteristic or are listed .

12 .1 .6.4 Used oil-contaminated wastewater

Unless contaminated with de minimis amounts,

wastewater that contains used oil meets the

§279 .1 definition of"used oil" and therefore is sub-

ject to the Part 279 standards . The used oil regula-

tions also apply to [58 FR 26422, RO 11818] :

•

Used oil recovered during wastewater treatment

to meet a CWA-permitted discharge;

•

Oil recovered from wastewater generated from a

used oil recovery process; and

•

Residues or sludges resulting from CWA treat-

ment of wastewater containing used oil

.

However, wastewater contaminated with de minimis

levels of used oil is not regulated under Part 279 if

it is subject to Section 402 (the NPDES program)

or 307(b) (discharges to POTWs) of the CWA . This

includes wastewater at facilities that have elimi-

nated their wastewater discharge as a direct result

of the CWA

. EPA defines "de minims' quantities of

used oil as "small spills, leaks, or drippings from

ery Therefore, when the repair shop's tank bot-

toms are sent offsite for energy recovery, they

qualify as used oil and may be handled accord

.

mg to the Part 279 regulations . The fact that the

tank bottoms exhibit several hazardous charac

.

teristics does not alter their status as used oil

. In

this case, the tank bottoms would have to be han-

dled as hazardous waste only if they fail the

rebuttable presumption (§279-10(b)(1)(101 or

they have been mixed with hazardous waste

[5279.10(b)(1-2)] . However, if the tank bottoms

are not burned For energy recovery, and are dis-

posed Instead, they must be managed as charac-

teristic hazardous waste

. [May 3, 1993 ; 58

FR

26422, RO 136971

pumps, machinery, pipes, and other similar equip-

ment during normal operations, or small amounts

of oil lost to the wastewater treatment system dur

.

ing washing or draining operations." The excep-

don does not apply if the used oil enters the waste

water system as a result of abnormal manufactur-

ing operations that cause substantial leaks, spills,

or other releases . [§279 .10(f)] For example, pour-

ing collected used oil into any part of a wastewater

treatment system is not covered under the de

minimis exemption

. [RO 118581

12.1 .6 .4.1

Used oil-contaminated wastewater

at petroleum

refineries

Per §279

.10(g)(5), used oil that incidentally en-

ters and is captured by a petroleum refinery's

wastewater treatment system that is subsequently

recovered along with ocher oil in the refiner's re-

covered oil system (for insertion into the refining

process) is not regulated as used oil under Pan

279 Such oil recovered from this system is more

properly characterized as crude feedstock than

used oil

. Such incidental losses of used oil would

include drippage and minor spillage

. (March 4,

1994 ; 59 FR

10555, July 28, 1994; 59 FR 385431

---

0

MCCoy's

2006 McCoy

RCRAand

AuUnrav

ocla,el

el

jy Recovery

air shop's tank hot

.

'rgy

oes

. The

handled

recovery,

fact that

accordtheythe .

.

hazardous charac

atus as used oil, In

uld have to be han-ti

dy if they fail the ,

79

.10(b)(1)(ii)l orr

hazardous waste

the tank bottoms

overy, and are

Ills-

;

lanaged as charac_

sy 3, 1993

;

58 FR

-

other similar equip

'tc

is, or small amounts's

eatmenc system dur

rations

.,,

The excep

sz-

oil enters the waste

normal manufactur

. r;

stantial leaks, spills,

For example,

pour-

{,

part of a wastewater t

:red under the de

3]

t

rated wastewater

fat incidentally en.

zoleum refinery's

tat is subsequently

in the refnerys

ne-

t

into the refining

eel oil under Part

us

system is more

e feedstock than

of used oil would

tillage

. [March 4,

W

; 59 fR 385433

M c0 ~

,

s RCRA

Unraveled

a ,M

M,COY

and Anociates

. me

yowever, this exemption is void if used oil is deliber-

ately

poured into a refinery's wastewater treatment

system

; if this occurs, the recovered oil from the

tvagrewater

treatment system would not be exempt

from Part 279 standards under §279 .10(g)(5) For

e

.,uample, used oil collected from equipment or vehi-

de maintenance activities chat is intentionally intro-

duced into a refinery's wastewater treatment sys-

rem would not be exempt from the Pan 279 stan-

dmds

once recovered . Similarly, used oil that is gen-

erated offsite and brought into the refinery may not

be added to the refinery's wastewater treatment sys-

tem and be exempt from Part

279 per §279 .10(g) (5)

once recovered

. [March 4, 1994; 59 FR 105551

12 .1

.6.5

Used oil mixed with nonhazardous

waste

People sometimes ask about the regulatory status

of mixtures of used oil and nonhazardous solid

waste

.. EPA has clarified in EPA/530/I<-02/0251

that mixtures of used oil with nonhazardous solid

waste are regulated as used oil tinder Part 279 .

However, we caution entities about mixing solid

waste into used oil, as your used oil recycler may

not want the mixture .

2 ppm

Figure 12-3: Regulation of PCB-Containing Used Oil

Requirements

Used oil Is subject to TSCA Part 761 regulations only-

not to RCRA Part 279 requirements,

Source : McCoy and Associates, Inc ; adapted from 66 FR 44660, RO 14606

Used oil is subject to RCRA Part 279 regulations . It is

also subject to TSCA requirements (for marketers and

burners only) in §761

.20(e) when burned for energy

recovery, and must be managed in the same way as

off spec used oil,

Used oil is subject to RCRA Part 279 regulations

. It is

also subject to recordkeeplng requirements (for

marketers and burners only) in §761 .20(e)(2,4) when

burned for energy recovery

.

CHAPTER 12

Used OR

12.1 .7 PCBs in used oil

Polychlorinated biphenyls (PCBs) can sneak into

used oil in a couple of different ways . Since PCBs

are still prevalent in electrical transformers, capaci-

tors, and other older equipment, PCB-containing oil

shows up frequently at utility power plants and

other industrial facilities. Additionally, some facili-

ties use recycled lubricating oil ; PCBs can some-

times be unknowingly recycled into such lubricants .

Materials and wastes that contain PCBs are subject

to standards promulgated under the Toxic Sub-

stances Control Act (TSCA) ; these requirements

are codified in

40

CFR Part

761 . A question often

raised is whether PCB-containing used oil is regu-

lated under the TSCA regulations, RCRA Part 279

standards, or both .

EPA clarified the status of PCB-contaminated used

oil in a July 30, 2003 final rule. . [68 FR 446591

From a regulatory perspective, the agency has di-

vided the universe of PCB-containing used oil into

three groups, as shown in Figure 12-3 .

The RCRA

Part 279

used oil standards will apply to only two

of the three groups, while the TSCA PCB regs in

Part 761 potentially apply to all used oil

.

---

CHAPTER12

Used Oil

First, used oil shown to contain <2 ppm PCBs (via

testing or through "other information") is subject to

the Part 279 used ad standards and also to the TSCA

recordkeeping requirements in §761

.20(e)(2,4) if

burned for energy recovery ("Other information"

consists of personal knowledge of the source and

composition of the used oil, or a certification that

the used oil contains <2 ppm PCBs from the person

generating the used oil . [§76120(e)(2)(iii)]) How-

ever, these TSCA recordkeeping requirements apply

only to marketers and burners of the used oil-not

-

to entities that are generators only (although a mar-

keter may request the generator to certify that the

used oil contains <2 ppm PCBs) .

Used oil that contains greater than or equal to 2

ppm but less than 50 ppm of PCBs is also subject to

the RCRA Part 279 standards and, for marketers

and burners of used oil, the marketing, testing,

burning, and recordkeeping requirements codified

in the TSCA regs in §761

.20(e), when such used

oil is burned for energy recovery [§279

.10(i), 68

FR 44660, RO 14117] As an aside, EPA has noted

in guidance that, when two environmental pro-

grams both apply-in this case RCRA and TSCA-

the more stringent requirements govern . [§761 1(e),

July 8, 1987; 52 FR 25770, August 18, 1992

; 57 FR

37237,RO 114701

Used oil that contains less than SO ppm PCBs chat is

I

recycled in ways other than burning for energy re •

covery is regulated under Part 279 but is excluded

from TSCA Part 761 requirements unless

1) it was di-

luted to below the 50-ppm threshold

; or 2) the

PCBs were not legally manufactured, processed, dis-

tributed in commerce, or used tinder TSCA

. [§§761 .3

"Excluded PCB Products," 761 .20(a)(1), 761

.20(c),

68 FR 446601 However §761,20(d) prohibits the

use of used oil that contains any detectable level of

PCBs as a sealant, coating, or dust-control agent

(e.&, road oiling) .

Finally used oil containing 50 ppm PCBs or more

must be managed only under TSCA

; therefore,

Part 279 doesn't apply to such high-PCB used oil

.

[§761,601 EPA believes that the current require-

McCoy's RCRA Unraveled

O''006 McCoy and?„p,~a,n fin

(

menrs in TSCA for PCB-contaminated wastes ade-

quately control the management and disposal of

such used oil . [68 FR 44660]

Used oil that contains PCBs may not be diluted to

avoid a particular regulatory requirement (§7611

(b)]

When PCB concentrations in used ail are diluted,

ble

the

at

used

the

oil

original

is subject

PCB

to

concentrationthe

requirements

. So, for

applicaexam-

.

pie, used oil that contains >50 ppm PCBs at its

point of generation that has been diluted so that its

PCB concentration is <50 ppm is still subject only

to regulation under TSCA [68

FR 44660)

However used oils of unknown PCB concentration

can be mixed with other such used oils in a com-

mon container and subsequently tested to deter-

mine the PCB concentration

. (However, no cherni-

cals or other nonused oils may be added to the con-

tainer to take advantage of this provision

.]

[9§761

.20(e)(2), 761

.60(g)(2), 68 FR

44660]

12 .2 Used oil management standards

for generators

According to §279

.1, a "used oil generator" is :

"(A)ny person, by site, whose act or process pro-

duces used ad or whose act first causes used oil

to become subject to regulation

."

The first part of this definition is fairly straightfor-

ward . The second part, "any person

. . whose act

first causes used oil to become subject to regula-

tion," is a little vague

; we'll clear that up in our dis-

cussions below. Examples of used oil generators in-

clude car repair shops, automobile service stations,

quick-tube shops, government motor pools, gro-

cery stores, metal-working industries, and boat ma-

rinas . [EPA/530/F-96/004] Additional guidance

on who qualifies as a used oil generator was given

in preamble language

:

'[Used oil] generators include all persons and

businesses who produce used oil through cam-

merdal or industrial operations and vehicle ser-

vices, including government agencies, and/or

persons and businesses who collect used oil from

McCaY

u hot

(Se

A5 bt

that

untie

porn

ject

∎ H'

Ir

PI

---

RCRA unraveled

:oy and AIsO((alll

.Inp

led wastes ade

..

and disposal of

or be diluted to

lent. [§7611(b)]

I oil are diluted,

irements applica,

on. So, for exam

?pm PCBs at its

inured so that its

still subject only

446601

:a concentration

;ed oils in a com-

yy tested to deter-

>wever, no chemi-

added to the con-

this provision.)

68 FR 44660]

nt standards

generator" is :

act or process pro-

rst causes used oil

>n

.

,,

is fairly srraightfor-

>erson. . .whose act

a subject to regula-

hr that up in our dis-

ed oil generators in-

bile service stations,

t motor pools, gro-

istries, and boat ma-

dditional guidance

venerator was given

de all persons and

ed oil through corn-

ions and vehicle set-

,-it agencies, and/or

collect used oil from

M ccoy's RCRA Unraveled

0]006MccoyandAHOcjaio, pc

households and 'do-it-yourself oil changers ."

[September 10, 1992 ; 57 FR 41584]

As both of these quotations imply, certain entities

that generate used oil are exempt from regulation

under Part 279

. These entities, along with the

point that the used oil they generate becomes sub-

ject

to regulation, are as follows [§279 20(a)] :

∎ Household do-it-yourselfers (Digs) are exempt

from Part 279 . The used oil these households

generate (from changing their own oil in their

personal vehicles) becomes subject to regulation

when it is accepted/aggregated at a used oil col-

lection center (e .g., operated by a service station

or quick-lube shop) . Under this scenario, the col-

lection center is considered the generator of the

used oil

. [May 3,1993 ; 58 FR 26423, RO 11828]

∎ Vessels at sea or in port that produce used oil are

not subject to Part 279, until the used oil they

generate is transported ashore . Once ashore, the

used oil is subject to Part 279 regulation . In this

case, the vessel owner/operator and the person

who removes or accepts the used ail from the ves-

sel are cogenerators of the used oil . Under this ar-

rangement, both parties are responsible for man-

aging the oil under the applicable provisions of

the Pan 279, Subpart C generator standards .

"The cogenerators may decide among them

which party will fulfill the requirements of this

subpart ." [§279 .20(a)(2)]

• Generators who mix used oil generated onsite

with diesel fuel for use in their own vehicles are

not subject to Part 279 once the mixing has oc-

curred. In this case, the used oil is subject to regu-

lation prior to mixing.

∎ Farmers who generate an average of 25 gallons/

mo or less of used oil in a calendar year from ve-

hicles or machinery used on the farm are not sub-

jett to the requirements of this part . As long as

this threshold is not exceeded, the farmer re-

mains exempt from Part 279 Similar to house-

hold DIYs, used oil generated from these farmers

becomes subject to Part 279 regulation when col-

lected at a used oil collection center .

CHAPTER12

Used 011

Note that there is no such thing as a small quantity

used oil generator Thus, no need exists for a gener-

ator to measure the quantities of used oil collected

and stored each month. [57 FR 41585]

12 .2.1 Used oil generator standards

Figures 12 .4a and 12-4b show the issues that gen-

erators of used oil must address in terms of man-

agement requirements . As referenced in these two

logic diagrams, most of the management stan-

dards applicable to used oil generators are codified

within Subpart C to Part 279 . Additional require-

ments are applied to generators via references to

other Part 279 subparts, other RCRA regulations,

and CWA rules .

A useful document for reviewing a generator's

compliance with the used oil regulatory require-

ments is Protocol fur Conducting Environmental Com-

pliance Audits of Used Oil and Universal Waste Genera-

tors Under RCRA, EPA/300/B-00/002, March 2000,

available from http://wwwepa.gov/compliance/

resources/policies/incentives/auditing/oil.pdf12.2

.1 .1 Used oil storage

The used oil management standards for generators

address storage in three primary categories of units:

1) containers and aboveground tanks, 2) under-

ground storage tanks (USTs), and 3) other units .

12.2.1 .1 .1 Containers

and aboveground

tanks

The wording in §27922(a) could be misinter-

preted, requiring containers and ranks used to

store used oil to comply with Part 264/265,

Subparts I and .1, respectively. This was not EPAs in-

tent; used oil storage containers and tanks need

not comply with those requirements unless the

used oil has been mixed with hazardous waste .

[RO 14118) Instead, such storage units must meet

the following .

According to §279

.22(b-c), containers and above-

ground ranks used to store used oil must 1) be in

good condition with no severe rust, structural de-

fects, or deterioration

; 2) have no visible leaks ;

and 3) be labeled

dearly with the words "Used

's

---

CHAPTER 12

Used Oil

Do you store used oil?

Yes

Do you store used oil in containers

(e g

. drums) or aboveground tanks?

No

Yes 1,

•

Generator may be subject to Spill Prevention,

Control, and Countermeasures (SPCC) program

of 40 CPR Part 112

•

Units must be In good condition and not leaking .

•

Units must be labeled'Used Oil.'

•

Generator must respond to releases

• Generator must report releases In excess of an

RQ or oil discharges that violate water-quality

standards or create a sheen an surface water-

1

§279.22, 57 FR 41586

1

Do you transport used

Yes

oil offsite?

No

Storage In lagoons, pits, surface Im-

poundments, etc Is prohibited unless

storage is for containing de minimis

used oil wastewaters or unless unit Is In

compliance with applicable hazardous

waste standards of 40 CFR

Parts 264/265

.

.4

1

I527922(a)

1

1

. Generators may transport less than or equal to 55 gal of their own oil on their own or

employees'vehides to an approved used all collection center without an EPA ID

number. Collectors of household DIY oil may also transport under these circumstances

2. Generators may transport less than or equal to 55 gal of their own oil on their own or

employees'vehicles to an aggregation point owned and/or operated by the same

company without an EPA ID number.

3 . Generators may arrange for used oil transport by a transporter without an EPA ID

number If the used oil is to be reclaimed via a tolling agreement under the terms of

§27914(c)

4. All other used oil shipments must be via a transporter with an EPA ID number . No

manifests are required unless the used oil is a hazardouswaste destined for disposal.

Do you"process"used

oll7 (Processing means

4

chemical or physical op-

erations designed to pro-

duce from used oil, or to

make used all more ame-

nable for production of,

fuel oils, lubricants, or

other used oil-derived

products. Processing In- Yes

cludes blending used all

' 0

with virgin oil, blending

used oil to meet the fuel

specification, filtration,

distillation, physical/

chemical separation, and

re-renting )

Continuewith Figure 12-4b

Figure 12-4a : Regulatory Requirements for Generators of Used Oil

Generators of used oil are persons who produce used oil or who first cause it to be

regulated under 40 CFR Part 279 (e.g .,

persons who collect or aggregate used oil .

McCoy's RCRA Unraveled

0 2006 McCoy and Nfocla,ef Lit

1 §§ 27920(a),279.30(b) .27931(b)(1),27932(b)I

No

Do you store used oil in underground No

A

tanks?

-

Do you process all generated onsite

by only the following methods :

•

Filtering, cleaning, separating, or

reconditioning used oil for reuse

onsite, Including burning In a

space heater?

•

Separating used oil from

wastewater discharged under an

NPDPS permit or to a POTW?

•

Removing oil mist from plant air

systems?

•

Draining or removing used oil

from ail-containing materials?

1

§279.20(b)(2)(8)

1

Yes

4,

Tanks are subject to underground

storage tank standards of 40 CFR

Part 280 . Fill pipes must be labeled

'Used Oil'

1

§279.221

1

1§§27924,279811a11

Except for 1 and 2 above, regulated generators who transport used oil are subject to

40 CFR Part 279, Subpart E

1§§279.20(b)(1),279 .40(a)

provid-

Yes

These

used

ed

oil

activities

processor

are

standards,not

subject to the

that the used oil Is not being sent

offslte to a burner of used oil,

1 9279 20(b)(2)1111

1

No

Any other type of used oil processing

.

Is subject to the used oil processor

strandards of 40 CFA Pan 279,

Subpart F.

1

9279

20(b)(2)(1) I

---

tors of

Used

Oil

you bum used oil yes

Store used oil In

undergrounli

energy recovery?

Yes

No

1

tank6jett

to underground

J'

11

.

Fill

pipes

sta

ndardsof40Cmust

be labeledFR

5279.2-

n

for

'

u

etc

oo°s-Is Pits,

prohibited

surface

unless

Im-

U

astewaterse

with

containingcap

or

FRp

unlessdominimlsunit

/s

'f

dardsofq0

C

~rdous

;

~264y265`.'~

5279

22(x) ; .,

rer nooil

uran

on

EPA

theirown10

or

7etro

'r operatedwn

oil

by

on

thecrCUmstancetheir

sameown

or

,

J'

No

eutanEP

m

~ Generalors

mefitet

under

the

termsA

1D

who dispose used all or who use it as a dust suppressant

of

must comply with the standards of 40 CFO Part 279, Subpart I.

an EPA lDrtumbecNo

5re

destined

for

dispo sal ~U Sowte McCoy and Associates, Inc

: adapted from 40 CFA Pan 279,

I

Subparts

§27920(b)(51~

C and 0.

§§27924,179 B7 (a)

used all are subject to

Oil ."

Our experience indicates that the number

§3279.2o(b)(1127y

40(a)

the used oil remains in the pan and is up to the en-

one source

of noncompliance with the used oil reg-

forcement discretion of the state inspector

uladons is facilities forgetting to label their contain-

ers and tanks with "Used Oil ."

rtunderth

McCoys

'ragsMccnrxndn,ro-RCRA

Un

5

RCRA Unraveled

and aiocra,t,, Inc

Figure

12-4b: Regulatory Requirements for Generators

of Used Oil (Continued)

inuedfrom Figure t2-4a

Do you direct ship-

: menrs of used oil to

a used oil burner?

Yes

-i

Do you burn the used all in space

hearers where:

•

You generate the used oil or It comes

from household OfYs,

The

heater's capacity Is less than or

equal to 05 million Btu/hr. and

-Combustion gases are vented to the

ambient air?

Yes

4

I §27923,

Burning is not subjectt

tt

to oil burners'

standards of 40 CFA Part 279, Subpart G . ~ •-

11

§5

279A 1,

279121c)(2)(iIi),

279.23

You must comply with the used oil

marketer standards of 40 CFA

Pan 279, Subpart H .. See Figure 12-6

1 1 §27920(6)(4)+

We get asked questions about small-capacity con-

miners of

used oil such as buckets and drip pans.

Our experience indicates that buckets used to store

used oil should meet the above requirements in-

eluding labeling with "Used Oil

." Drip pans, which

are often

very shallow and are used to catch drips

of oil

from equipment, are usually not considered

used oil storage containers subject to the above,

but that call is somewhat dependent on how long

No

CHAPTER12

Used Oil

Does the

teed oil meet the following No

specifications

Arsenic 5point max

Cadmium . .

. 2 ppm max

Chromium 10 ppm max

Lead 100ppmmax

Flash point

100' F min

Total halogens 4,000 ppm max

Yes

•

I

§279,11

I

Generators who first claim used

oil meets specifications must

keep analyses or other informa-

tion for 3 years Generators must

have an EPA ID number

1 §5279.M279 .731

Off-specification used oil may only

be burned In boilers or Industrial

furnaces, utility boilers, or RCRA

hazardous waste incinerators.

Standards of 40 CFA Part 279,

Subpart G apply. See Figure 12-5

.

1 4§279 I2(c), 27920(bf3) I

F

Should a release to the environment from a con-

tainer or an aboveground storage tank occur, the

owner/operator must 1) stop the release ; 2) contain

the released used oil ; 3) dean up any released used

oil and other materials ; and 4) if

necessary, repair or

replace any leaking storage container or tank prior to

plating it back into service . An NOV will likely result

if a facility fails to promptly clean up even a small

leak (e.g., from a used oil storage tank) or

if oil-

soaked absorbent material used to contain prior re-

leases is still on the door According to EPA guidance,

---

CHAPTER 12

Used Oil

these requirements would not apply to releases

within contained areas, such as concrete floors or im-

pervious containment areas . However, facilities

would normally dean up such spills as a matter of

good housekeeping practices ; in any event, they

would be obligated to clean up contained spills or

leaks before they reach the environment. [Septem-

ber 10, 1992

; 57 FR 41586, RO 14339]

Used oil generators are also required to report a re-

lease of hazardous substances to the environment

under other environmental programs . Releases of I

used oil that is contaminated with CERCLA hazard- j

ous substances (e .g., lead) must be reported to the

National Response Center (NRC) if the reportable f

quantity (RQ) of the contaminating substance is re- '

leased within a 24-hr period . (§302 .6(a)] Addition-

ally, any discharge of used oil that violates a water- j

quality standard or causes a film or sheen on navi-

gable water must be reported to the NRC per 40

CPR 110

.3 .

Besides the common-sense requirements noted

above, owners/operators using containers and

aboveground tanks for oil storage may also be re-

quired to prepare and follow an SPCC plan for i

these units- See Section 12 .2.1

.1 .4 for more details . I

Finally, it is interesting to note what requirements I

are not imposed on container and aboveground

tank storage of used oil by Part 279 . First, because

EPA views used oil as a marketable commodity

and wants to encourage its recycle and reuse,

there is no accumulation time limit and no limit on

the quantity of used oil that may be stored .. [EPA/

530/K-02/0251] Also, there are no secondary con-

tainment, inspection, or closure requirements (al-

though one or more of these may be imposed

under SPCC plans)

. Finally, used ad generators are

not required to obtain EPA ID numbers

.

12.2.1 .1 .2 USTs

EPA believes that used oil stored in USTs poses sim-

ilar risks to the underground storage of gasoline

and other petroleum products . Thus, the agency re-

quires underground used oil storage tanks to meet

McCoy's RCRA

Unrav

e l ed

0 200664COy a"d

A,qy,,, ,

the requirements of 40 CFR Part 280, which apply

to USTs managing CERCLA hazardous subs*,'

and petroleum products .

While a complete review

of Part 280 requirements is

beyond the scope of this teat, these provisions

a,4

comparable in many respects to Part 264/265, Sub

.

part J requirements for hazardous waste storag

t

tanks (which are covered in Chapter 10)

. These in

dude design and management standards, corrosion

protection, leak detection, spill response and

nodEq

.

Lion, and closure plans . Thus, used oil storage in

USTs may be more involved compared to the require,

ments for containers and aboveground tanks

.

Additionally fill pipes associated with USTs storing

used oil must be labeled with the words "Used Oil ."

12.2.1 .1 .3 Otherunits

Regarding the storage of used oil in units other

than tanks and containers, EPA noted

:

"Storage of used oil in lagoons, pits, or surface

impoundments is prohibited, unless the genera-

tor is storing only wastewaters containing de

minimis quantities of used oil, or unless the unit

is in full compliance with 40 CFR Part 264/265,

Subpart IC" [57 FR 41586]

In other words, the agency will allow the storage

of used oil in alternate units only if they meet strin-

gent Subtitle C RCRA requirements for hazardous

waste management units .

12.2 .1 .1 .4 SPCC plans

As part of the CWA regulations, SPCC require-

ments, which are spelled out in 40 CYR Part 112,

apply to facilities that manage oil (including petro-

leum, fuel oil, and used oil) and are designed to

prevent discharges to navigable waters

. All facili-

ties handling oil must prepare a plan if they are lo-

cated in an area where a release to a navigable wa-

terway could be expected and they :

∎ Have an underground ad storage capacity of

more than 42,000 gallons

; or

∎ Have a container and aboveground tank oil stor-

age capacity of more than 1,320 gallons- When

---

in uni

=d :

)its, or surface

ess the genera

containing de

.nless the unt

.

Part 264/265

I's RCRA

Unravp

Y6,cCoy

s

RCRA Unraveled

Hccoysnd4fsacy

w.y~

'

e :po

az+ae~rananuonae

. .m<

180, whiri apply

determining

aboveground storage rapacity, only

dous substanJ

containers of oil with a capacity of ?55 gallons

are

counted

.

o

requireme

ris+"s

SPCC plan requirements ate quite extensive, so we

se provisions

a4

wont try to cover them in detail here

. To summarize,

at 264/265, Sub

they include tank and piping design, construction,

e

er

~),10}

. These

eseis

. "

and inspection requirements ; secondary contain-

rnent

requirements

; personnel training provisions ;

contain-

id

corrosi,

unit security and vehicle control requirements ; storm

)rue and nod8o

water diversion and control requirements

; contin-

d

aro

oil

thestorage

t,

gency

planning

; and emergency response and nodfi-

cation procedures

. Besides the regulations them-

selves, a good reference document Eor more detail on

th USTs storing

SpCC

plans is Appendix D to Environmental Regula-

rtds "Used

Oil.,;

dons and

Technology-Managing

Used

Motor Oil

(EPA/625/R-94/010, December 1994, available

from

h ttp ://nepis

.epa.gov/pubtitleORD.hrm by

downloading the report numbered 625R94010] .

112 .1

.2 Offsite shipments

Part 279 rules governing the offsite transportation

of

used oil are very simple : "generators must en-

sure that their used ail is transported only by trans-

garters who have obtained EPA identification num-

bers." [§279.24]

When the transporter comes to

w the storage

ley meet sttin .

for

hazardous

?.

:PCC require,

:

CFR Part 11z

auding peso-

:;;

designed

to"°

ers . Ad fadii-'.~

if they are lo=? t

iavigablety.o

Case Study 12-5: Servicing a Customer's Fleet of Vehicles

A service company employee drives to a cus-

tomer's site, where the employee services the .

customers fleet of vehicles . Part of this service in-

valves changing the oil In the vehicles. The fleet's '.

used oil Is collected in an empty 55-gallon

drum-never more than 455 gallons off used oil

are collected in any one day. The company em- .:

ployee leaves the customer's site with 45 gallons

or less of used oil In a drum in the service com-

pany's vehicle. . Because the customer's fleet Is

often serviced atnight, the used oil drum may be

stored in the service company's vehicle until the

next business dayAt that time, the employee de--

'

:livers the used oil drum to either the customer's

ed ad aggregation point or aa third-party, gov-

CHAPTER 12

Used Oil

the generator's facility to pick up the used oil, no

manifest is required . EPA believes that the informa-

don maintained by used oil transporters will be suf-

ficienc to track used oil shipments without the

need for a manifest. [57 FR 41587]

The Part 279 regs provide three options to using a

used oil transporter with an EPA ID number First,

used oil generators may self-transport small amounts

of used oil offsite co used oil collection centers, with-

out first obtaining an EPA 1D number provided

:

∎ No more than 55 gallons of used oil is trans-

ported at any one time;

∎ The used oil is transported in a vehicle owned by

the generator or one of its employees ; and

∎ The used oil is transported to a used oil collection

center that is registered, licensed, permitted, or

otherwise recognized/aliowed to manage used

ail by a state, county, or municipal government

This option allows generators of small quantities of

used oil and generators who have several, separate

generation points (each producing small quanti-

ties of used oil) to recycle their used oil without sig-

nificant cost. A typical application is given in Case

Study 12 .5 . Note that used ad collection centers

ernment-registered, used oil collection center

.

Can the service company transport the used oil

in this manner without having an EPA ID number

and without complying with the used oil trans

porter standards In Part 279, Subpart Et

Because the service company Is handling ship-

ments of used oil totaling 55 gallons or less

from the generation site to a used oil aggrega-

tion point or collection center, the activity would

not be regulated under the Subpart E stan-

dards for used oil transporters and transfer facil-

ities . Rather the transportation would be regu-

lated under the used oil generator standards in

Part 279, Subpart C

.

---

CHAPTER 12

Used 011

must use used oil transporters with EPA ID num-

bers when shipping the collected used oil offsire

for recycling

A second option allows generators to self-transport

small amounts of used oil without an EPA ID num-

ber to an aggregation point. Again, no more than

55 gallons of used oil may be transported at any

one time and a generator- or generator employee-

owned vehicle must be used . Most importantly, the

generating facility and the aggregation point must

have the same owner. Again, the aggregation point

would have to use a transporter with an EPA ID

number to ship collected used oil offsite .

Under the third option, a generator may arrange

for used ail transportation offstte by a transporter

without an EPA ID number if the used oil is to be re-

claimed and eventually returned to the generator

for reuse as a lubricant, cutting oil, or coolant

. The

reclaiming arrangement must be spelled out in a

contractual toiling agreement that indicates 1) the

type of used oil involved and the frequency of the

offsite shipments, 2) chat the reclaimed oil will be

returned to the generator, and 3) that the vehicles

used to transport the used oil to the processor and

the reclaimed oil back to the generator are owned

by the processor.

Note that the above discussion is for offsite ship-

ments of used ad . Onsire movement of used oil is i

not subject to either §279.24

or to the Part 279,

Subpart E used oil transporter and transfer facility

standards . (R0117621

1

12 .2.1

.3 Other generator operations

Used oil generators may manage used oil in ways :,

other than simple storage and offsite shipment to a

processor Such operations include used oil process-

ing, burning for energy recovery, and disposal, j

each of which is addressed later in this chaptec

However, processing, burning, and/or disposal of

used oil will subject the generator to

more-

strin-gent standards

. In addition, used oil generators

may ship this material directly to used oil burners .

In this case, the generator would also be subject to

McCoys RCRA Unry„

e ird

e 2906 M¢oy

.,na

which

requirements

are contained

applicable

in Parr

to

279,

used

Subpart

oil marketerH

ands,

are discussed in Section 12 .3 5 .

A facility sometimes hires a contractor to conduct

activities that generate used oil instead of using

;u

own personnel

. . In such a situation, both entities

are cogenerators of the used oil

. An example

o f

used oil activities conducted by contractor person

.

nel is given in Case Study 12-6.

12.2.1 .4 No recordkeeping required

No specific cracking or recordkeeping are required

in the used oil generator standards

. [EPA/530/H.

98/001) When the agency issued the Part 279 stan-

dards, it noted

:

"EPA has determined that information maintained

by used oil transporters will provide sufficient re

.

cords of used oil transport activities without burden

.

ing used oil generators with additional tracking

Case Study 12-6

: Used Oil Activities

Conducted by Contractors

A facility hires a contractor to come onsite

and service equipment that contains oil. If

the contractor removes oil from the equip-

mentment during servicing, is the contractor con-

sidered the used oil generator, since the can-

tractors act first causes the used oil to be-

come subject to regulation?

According to EPA, the contractor and the facil-

ity owner/operator are cogenerators of the

used oil and both are responsible far manag-

ing the oil under the applicable provisions of

Part 279 . As with the situation where a sepa-

rate entity offloads used all from ships, the

cogenetators must decide between them-

selves who will fulfill the used oil generator

requirements . For example, the contractor

could self-transport up to 55 gallons of the re-

moved used oil to a collection center or aggre-

gation point without an EPA ID number. IRO

141161

1

V

c

c

U

---

for to conduct

ad of using Irs

I

both entities

n example of

aattor p erson

fired

are required

[EPA/530/f]

.

Part 279 Bran_

ne onslte`;"

sins oil if„-f

he equip-

: ;-

actor can-

e the con-,

oil to be

.

i the fall-

rs of the':

v manag-`'

lislons of

A' ;

'e a sepa-

. ;~ . `

hips, the?'

an them

enerator

ntractor

of the re-:

oraggre-- .~

ber, [RO ; i1

McCoy's RCRA Unraveled

~q,,

Mk

.Y a"d AII.CIMl3

.Inc

re

quirements

.

Information collected when ac-

repting

used oil shipments, such as quantities

and type of used oil collected, the name and loca-

don of used ail generators, and analytical data

latrine

rebuttable presumption, would be main-

rained by the used oil collectors/transporters as

part of the recordkeeping requirements_

. .

Using

this

information maintained by used oil trans-

porters, the agency can tract a used oil genera-

tor, if needed

. Therefore, the agency has elimi-

nated the

. . . tracking requirements for used oil

generators."

[September 10, 1992 ; 57 FR 41587]

The agency noted in that same preamble, however,

that "EPA believes that used oil generators main-

tain used oil collection and shipment records as

standard business information ." [57 FR 41587]

12

.2.2

Generators: don't process the oil

you generate

just as facilities that generate and accumulate haz-

ardous waste can avoid many of the more-strin-

gent RCRA requirements by not treating their

waste, used oil generators should avoid processing

their oil lest they face the tough provisions for pro-

cessors and re-refiners in Part 279, Subpart F EPA

defines used oil processing in §279.1

as:

"[C]hemical or physical operations designed to

produce from used oil, or to make used oil more

amenable for production of; fuel oils, lubricants,

or other used oil-derived product . Processing in-

dudes, but is not limited to : blending used oil

with virgin petroleum products, blending used

oils to meet the fuel specification, filtration, sim-

ple distillation, chemical or physical separation,

and re-refining ."

If a generator does something to its used oil to

make it more amenable for someone else to take

and bum for energy recovery that's "processing" I

subject to the Subpart F requirements . For exam-

ple, a generator that blends off-spec used oil with

fuel oil to meet the specification is a processor. [RO

14110]

CHAPTER 12

Used Oil

Conversely, there are a handful of specific activi-

ties that a used oil generator can carry out on its

used oil and remain just a generator ; the follow-

ing four activities are not considered processing

[§279 .20(b)(2)(ii)] . provided the used oil result-

ing from the listed activities is not sent directly to

an offsite used oil burner

:

1 . Filtering, cleaning, separating, or otherwise re-

conditioning used oil before reusing it onsite,

including burning it in a space heater pursuant

to §279 .23-For example, onsire maintenance

and reconditioning activities designed to ex-

tend the life of used ad is not considered pro-

cessing . [Match 4, 1994; 59 FR 10555] A typi-

cal example is filtering contaminants from

used metal-working fluids and then recycling

the fluids back into machining, grinding, and/

or boring operations

; such reconditioning is

not considered processing. (59

FR 10556, RO

11783, 14055] Additionally, the removal of

CFCs and/or HCFCs from drained compressor

oil (so that an owner/operator can take advan-

tage of the exemption from the rebuttable pre-

sumption) is not processing

. [RO 11850,

14051] Finally, filtering off-specification used

oil for subsequent bunting for energy recovery

in an onsite industrial furnace is also not pro-

cessing

. (Had the filtered used oil been

shipped offsite for burning, the generator

would have been subject to Subpart F proces-

sor requirements

.) [R0136661

2

. Separating used oil from wastewater gener-

ated onsite to make the wastewater acceptable

for discharge under an NPDES permit or

POTW pretreatment standards-The separa-

tion of used oil from wastewater can also be ac-

complished to recover the used oil for reuse

.

(59 FR

10556, RO 11783, 11818] For exam-

ple, recovery of metal-working fluids from a fa-

cility's wastewater treatment system for onsite

recycling is not processing. This activity is inci-

dental or ancillary to normal manufact wing

operations

(i .e ., used oil processing is not the

---

CHAPTER 12

Used oil

facility's primary purpose) [RO 11792] Note

that entities conducting oil-water separation

on wastewater that is received from offsite

would be considered used oil processors [59

FR 10557, RO 11818]

3 . Using oil-mist collectors to remove small drop-

lets of used oil from plant air systems

4. Draining or otherwise removing used oil from

used oil-contaminated materials-Removing

or separating used oil from materials, such as

draining used oil from non-terne-plated filters

or separating used oil from sorbent materials

is nor processing [May 3, 1993 ; 58 FR 26421,

RO 11874) In another situation, onsite dewa-

tering of used oil-based coolant so that the

coolant can then be sent to an offsite re-refiner

or fuel blender (but not directly to an offsite

burner) is not processing

. [RO 13757] Wring-

ing out a mg or absorbent pad that contains

used oil is not processing .

As noted above, these four activities are not consid-

ered processing as long as any used oil produced is '..

not sent directly to an offsite used oil burner . Addi-

tionally, such produced used oil can be burned

onsite without triggering processor requirements .

EPA noted that it :

"[I]s allowing onsite but not offsite burning of

used oil generated from designated onsite activi-

ties because the agency believes that this ap-

proach best enables EPA to strike a reasonable bal-

ance between encouraging beneficial onsite reuse

and recycling activities that should pose very lim-

ited risks, on one hand, and ensuring that activi-

ties undertaken primarily to make used oil more

amenable for burning (i .e., used oil processing)

are adequately controlled under the more-strin-

gent used oil processing standards."

[S9

FR

10556 ; see also RO 11874, 136661

Mixing used oil generated onsite with diesel fuel

for use in a generator's own vehicles as fuel is also

excluded from the processorstandards . (EPA/530/

K-02/02511

McCoy's

0 2066 McCoy

RCRA

-n

Unravel

What additional requirements does a processor d

spond

used

dentsmust

paredness

oil

.

have

to

They

face

fires,

and

anmust

versus

prevention

EPA

explosions,

provide

ID

a simple

number

plans

secondary

spills,

generator?

and

to

implement

prevent

and

conta¢trnProcessoother

and

Preinore„rst

.

.

.,f

k

{

for containers and tanks used to store used oil, and

they must meet closure requirements for tanks and

containers

sis plan must

upon

be

cessation

prepared

of

and

operations

followed to

Andeterinaly

mine compliance with the used oil fuel specification

and to ensure their compliance with the rebuttable

presumption . Finally, used oil processors must cad

their receipts and shipments of used oil, maintain,

written operating record for their fadiiry, and report

annually to

EPA on their activities

12 .2

.3 Used oil disposal

Subpart I to Part 279 derails requirements for gener

atom (and others) who dispose used oil

. First of all,

EPA will allow the use of used oil as a dust suppres-

sant only in those states that successfully petition

the agency under the terms of §279 82(b) . As of Uc-

rober 2005, no such petitions have been approved

Aside from the dust suppressant issue, used oil

that will be disposed rather than recycled is a solid

waste. Therefore, before a facility may dispose

used oil, it must first determine whether that mate-

rial is a RCRA hazardous waste

. Used oil is a haz-

ardous waste if it 1) exhibits a hazardous waste

characteristicallycharacteristic

(by its own nature or by mixing

hazardous waste into it), 2) has been

mixed with ICR-only listed wastes and continues

to exhibit a characteristic, 3) has been mixed with

non-ICR-only listed hazardous waste (other than

listed waste generated by conditionally exempt

small quantity generators), or 4) contains greater

than 1,000-ppm total halogens and the presump-

tion that it has been mixed with hazardous waste

cannot be rebutted,

Hazardous used oil must be disposed as follows

:

∎ Combusted in incinerators that meet Part 264/

265, Subpart 0 standards ; or

pfd

t

---

McCoy's

RCRA

Unraveieg

2006 M[coy and Afmtli,ef ~

tents does a

processor

Of

pee generator? Proces~n

-..,

nber and implement pre'

s,

I

plans

spills,

to prevent

and other

and

inred_.-:''

secondary conta

;»m ent. 'j.''

sed to store used oil and

quirements for ranks and

of operations

.

An analy- . . .

d

used

and

oil

followed

fuel specificationto

deter-

J-

`',

•

lance with the rebuttable

oil processors musttradta

.i(_

ttivities'.r

M

their

of used

(acility,

oil, maintain

and reporta

''

; :`,

al

's requirements

for

genet-

e pose used oil First of all,

sed oil as a dust supp,,,

. '

hat successfully petition -'

:of§27982(1)) As

o

f Co'.

ins have been approved

.

)ressant issue, used oil

r than recycled is a solid

` $

a facility may dispose

nine whether that mate-

waste

. Used oil is a haz-

°

bits

a hazardous waste

acute or by mixing char-

ste into it), 2) has been

i wastes and continues

3) has been mixed with

a'.

bus waste (other than

•

conditionally exempt

,

or 4) contains greater

~gens and the presump-

I with hazardous waste

e disposed as follows

:

I's that meet Part 264/

5 ; or

MCCoy' s

RCRA

Unraveled

cM06Mrt°y mC A'wW,e,, Inc

a Disposed in another manner (e

.g ., solidified and

landflled) in units that meets applicable provi-

sions of Parts 260-266, 268, and 270

.

Used ails that are not RCRA hazardous must be dis-

pased per the terms of 40 (FR Parts 257 and 258

.

12.3

Burning used oil

used all is burned for energy recovery at nuttier-

ous facilities throughout the United States

. This

section discusses the regulatory aspects of such

combustion

. Figure 12-5 shows the Part 279 issues

that must be considered when butting used oil .

12.3.1 The used oil specification

In the 1970s and 1980s, numerous facilities were

bunting used oil for energy recovery, because

it

was a cheap, high-Btu fuel However EPA became

concerned about the potential human health ef-

fects associated with air emissions from such used

ail bunting

. Some used oil contains fairly high lev-

els of carcinogenic or toxic constituents that could

be emitted in stack gas

. Schools, hospitals, and

apartment buildings that bum contaminated used

oil typically use low-efficiency boilers, have little

or no air pollution controls associated with them,

and are located in residential areas,

In writing the Part 279 provisions dealing with used

oil burning, EPA attempted to balance its desire to

encourage recycling by energy recovery and its con-

cern over the potential impact of air emissions from

used oil combustion . The primary means that the

agency formulated to balance these conflicting is-

sues is the used oil fuel specification . EPA estab-

lished the specification for used oil that will be t

burned for energy recovery on November 29, 1985 .

[50 FR 491641 As shown in Table 12-3, the specifica-

don addresses the heavy metal and total halogen

content, as well as the flash point, of used oil slated

for energy recovery.

Arsenic, cadmium, and chromium are known

car-

cinogens,

and increased ambient concentrations

would cause an increased risk of cancer m exposed

individuals. Specification levels for these three met-

CHAPTER 12

Used Oil

als were set based on metal concentrations found

in dirty virgin fuel oils

. The specification level for

lead, conversely, was set based on meeting the Na-

tional Ambient Air Quality Standard (NAAQS) for

lead in densely populated areas

. [November 29,

1985

; 50 FR 4918461

The total halogen specification will minimize hy-

drogen chloride emissions that can increase ambi-

ent levels of hydrochloric acid and contribute

to

acid rain

. [50 FR 491811 Note that the total halo-

gen limit of 4,000 ppm operates independently of

the 1,000

•p pm rebuttable presumption level for de-

termining if listed spent solvents have been mixed

into used oil In other words, used oil for which the

presumption of mixing with hazardous waste has

been rebutted may be burned as on-specification

used oil if the total halogen content is no greater

than 4,000 ppm, or as off-spec used oil if the con-

tent is greater than

4,000 ppm

.

[RO 14340]

Although used oil typically has a flash point of

greater than 200°F, a minimum flash point of

100'F is included in the specification because that

is the American Society for Testing and Materials

(ASTM) specification level for virgin fuel ads .

[50

FR 49187]

The presence of PCBs in used oil is not one of the

used ail fuel specifications

. In a foomote to the sped-

ficadon contained in §279

.11, however, EPA has

noted that used oil containing PCBs that will be

Table 12-3

: The Used Oil Fuel Specification

(enrawenNpmputy

Aaewablelerel

Arsenic

5 ppm maximum )

Cadmium

2ppm maximum

I

Chromium

- 10

ppm maximum%

Lead

100

ppm maximum%

Total halogens

4,000

ppm maximum

Flash point

10(rF minimum

'Total analyses not TCLF

IRO

145e41

Source: Adapted from S279 .11 . Table

I

---

CHAPTER 12

Used oil

McCoy's RCRA Unrave

01006

ngcay+mn,,,,,

Figure 12-5 : Regulatory Requirements for Burners of Used Oil

Used all burned in diesel engines

Used allthat contains22ppmand<50ppmofPCBs andthat Isburped far

'snot subject to the 40

CFR Part

1 energy recovery must be burned in a I I TSCA or RCRA incinerator, 2) TSCA

279 . Subpart S burner standards

high-efficlency boiler, 3) Industrial furnace or boiler as defined in§26010,0

one-time

4) utlllry

notification/certificationper576120(ef3)(Ii)

boiler. Aturner accepting

such

used

oil must provide

ITSCA prohibits

the marketersthe

burning of any used oil containing 250 ppm of PCBS for energy recovery)

1

§76120(e)

; WRACK 1417

Do you burn on-spec used oil as defined in §279117 Yes 1, Specification,must

able

show that thelmeets the

pecifcation, have

art

an EPA ID number,

and

and retain shipping

No

records

I I §§279.60(c),

279.72

. 279 .73, 279

.741b

Do

an

you

onsite

burn

space

off-spec

heater?used

oil that you generate in Yes

This

40CFRPart

practice

279,Subpart

Is not subject

Saslong

to the

asthespace

burner standards

h eaterd

Is vented to the ambient air and has

a capacity

No

505 million Btu/hr

1 1

I

§4279.23,

279a0(a)11

Are you a processor burning used oil incidentally to yes

This practice is not subject to the burner standards ci

used oil processing?

-

-*' 40CFRPart279,SubpartG,

No ~,

1

19279

.60(a)I2i

Off-spec used oil may only be burned in boilers or

-11- Oayougenerate used oil7

py . See FIgures 12-4a and

Industrial furnaces as defined in §260 .10, utility

124b.

boilers, orHCRAhaaardouswaste indnerarors . <

No

l

I4279b0(b)11

Do you transport used 0117 -

e~

y

SeePan279,5ubpartE

transporter standards

No

1 §279601bi(2)

Do you process used all by

Yes

See Part 279, Subpart F

other than aggregating off-

processor standards

spec used oil with

either

vir-

gin oil oron-spec used oil

I §279.60(b)(3)

forpurposes ofbumlng7

No

IN

I§279.611b)(2)

I

437961(0)

I

Used all burners are subject to the standards of

40 CFR Pan 279, Subpart G, which include :

O btaining an EPA ID number ;

•

Documenting or determining whether the total

halogen content of used o§ being burned is above

or below the 1,0(30-ppm rebuttable presumption

•

Swing used oil only in tanks, containers, or RCM

•

Providing secondary containment for aboveground

tanks and containers;

•

Labeling tanks, containers, and fill pipes 'Used au",.

•

Responding to releases of used oil

- Reporting releases In excess of ar RQoroil

Do you 1) direct off-spen

:

dischargesthatNalatewater-qualltyStandards or

used all 10 ancitherburner,

create a sheen on surface water,

or 21 first Claim that used

•

Keeping records of each shipment accepted for

oil meets specs

(I.e. are

burning; and

you a used oil marketer)?

- Before accepting the first shipment from a supplier .

certifying that EPA has been notified and that oil will

only be burned In boilers or Industrial furnaces,

utility boilers, or RCRAlndnerators, y .

I Pan279,Subpatts I

source: McCoy and Associates Inc ; adapted from 40 ¢R Part 279,

Subpart

G

No

I

1

Yes 1 See Figure 12-6

I §279.60(b)(4)1

Hyou dispose used oil or

use Itas a dust suppres-

sant, you must comply wills

the standards of 40 CFR

Part 279, Subpart I .

I §279.60(b)(5)1

---

of Used Oil

McCOY's

0 tape

MCCdRCRA

r

and A,,U

n

oil

holler

of

orPC6s

RCRA

muzt

as

and

incinerateprovide

defined

Thatisthe

In

;

burned

4260

2)

marketers

750410for

or

f(PCesfalreTSC

9y

Prohibltstherecovery)

91/D

vrh.6010)atnumber,

§761Z0(

th279e usedo

.72and .279ehretain

Steers

FAxsACK1411.73.279shippingthe.74(b)e

'I7;<(-"

fir

t3

as

to

andlong

the

has

burner

as

a

the

capacitystandardsspace

heater

of

§§279.73, 279.60(4

i(r7

to the burner standards of

§ 27

9.60fa)(2)

sM Seef

12-4b,

ures

12 .

4aand

__J

See

transporter

Pan 279,standSubparts

E

1

§27

960(b)(7)

P

See

rocersorstandardPart

279, 5uhperts

.

F

5279.60(b)(31

§2796o(bRll

01

Seefgure

12-6.

§279.60(bl(4)

Part

the

sant,

use

If you

standards

279,

Itas

you

d(spose

Subpart

a

must

dustsuppres-of

usedcomely

I40

oft

CFRorwith

§A9.60(b$5)

MCCoY

RCRA

Unraveled

C3

AICCoYjMASOC" tnc

burned

for energy recovery is subject to §761 20(e)

that

s,don

of the TSCA regs notes that PCB-con-

atminated used oil (containing between 2 and 50

ppm

pCBs) may only be combusted in certain types

of units (TSCA or RCRA incinerators, TSCA high-ef-

fidency boilers, industrial furnaces or boilers as

de-

awed

in §260 10, or utility boilers)

; certain nod&ca-

don requirements apply as well "Although the

RCRA regulations do not identify the presence of

pCBs in used ail as relevant to the determination of

whether the used oid is on- or off-specification, the

presence of PCBs in used oil is relevant for deter-

mining the applicability of the TSCA regulations ",

for the burning of used oil" Note that used oil con-

taining 50 ppm PCBs or more is prohibited from !.

burning for energy recovery. [§761 20(a), RO 14117,

14606)The

existence of the used oil specification does not

i

require generators to analyze their used oil to de-

termine if it meets spec before the oil is trans-

patted offsite to a processor or fuel blender-chat's

the receiving facility'sjob

. [EPA/530/H-98/001) A

generator would only have to determine compli-

ance with the used oil specification if it was burn-

ing on-spec used oil onsite or was sending used oil

directly to a burner ; in either of these situations, I

the generator would also be a used oil marketer, as

discussed in Section 12.3

.5

. We find that some gem-

,

erators (especially at utility power plants) do ant-

lyze their used oil on a routine basis ; however,

such practice is typically required because of TSCA

concerns or as a business arrangement with the i

used oil collector

i

In another footnote to the used oil specification,

EPA notes that the spec is not applicable for used

oil that is mixed or contaminated with hazardous

waste . [RO 14110, 146063 With the exception of

noncharacteristic mixtures; of characteristic waste

and used oil (and noncharacteristic mixtures of

1CR-only listed waste and used ad), mixtures of

hazardous waste and used oil are regulated under

the BIB regs in Pan 266, Subpart H when burned

for energy recovery.

CHAPTER12

Used Oil

12.3 .2 Burning on-specification used oil

Once it's established that a given used o0 meets

the Fuel specification, the scope of regulations

that apply to that material diminishes dramatically

Provided the entity who asserts that the used oil

is on-spec meets the following three qualifying

conditions, neither Parr 279 nor any ocher RCRA

requirement applies to that macetial [§279 11, RO

14606) :

∎ Documents the finding that the used ail meets

the specification via testing or other methods

and retains records of these documents for three

years [§279 .72),

•

Has an EPA ID number (§279

.731, and

•

Maintains records of any shipments of the on-

spec oil to used oil burners [§279 .74(b)) .

Once these conditions are met, the on-spec used oil

is not subject to RCRA regulation and may

be man-

aged the same as any conventional fuel, such as vir-

gin fuel oil. [November 29, 1985; 50 FR 49189]

On-spec used oil may be burned in any type of com-

bustion unit, including those in schools, hospitals,

apartment complexes, etc

. . In fact, the agency will

even allow on-spec used oil to be used in the manu-

facture of products such as ammonium nitrate fuel

oil blasting agents . (RO 11807)

Bilge water collected from ships contains

small amounts of used tit

. Once the used ail

is separated from

the water (using filtration, centri-

fugation, and emulai nation), the recovered

used ad is

burnedfor energy recovery However,

because the bilge

water meets the used off spec and the generator cam-

plies with §§279 .72, 279 73, and 27974(0),

does

the processing of the bilge water escape Part 279 sum-

thirds per §279117

No . What escapes Pan 279 management [if

¢'

it meets the used oil spec and the generator

complies with §§27972, 279

.73, and 279.74(b)]

is "used ad that is to be burned for energy recov-

ery" According to RO 12738, it is the as-burned

used oil that must meet the specification to be un-

regulated

. In this example, it is not the bilge water

---

CHAPTER 12

Used Oil

but the recovered used oil that will be burned for

energy recovery. "On-specification used oil that

is re-refined . .

. rather than burned for energy re-

covery, is subject to all applicable requirements

of Part 279 ." [RO 141101 Thus, bilge water pro-

cessingcessing would be subject to Part 279, Subpart F

standards .

Although its management is outside of RCRA, on-

spec used oil is still subject to other applicable regu-

lations

. For example, on-spec used oil scored in

USTs will be subject to Part 280 requirements, and

used oil transport would still face DOT rules . Also,

facilities handling on-spec used oil may be re-

quired to prepare and implement SPCC plans- In

addition, when an action is taken at the generating

facility that may affect the chemical or physical

properties of the on-spec used oil, that oil must be

reevaluated in terms of the specification . (Ro

14110) On-spec used oil that will be processed/re-

refined or disposed, rather than burned for energy

recovery, remains subject to Part 279 standards . .

[RO 14110)

Also note that on-spec used oil that contains PCBs

at a concentration between 2 and 50 ppm and that

will be burned for energy recovery is subject to cer-

tain marketing and burner requirements as dis-

cussed in Sections 12.1

.7 and 12.3.1 above . These

requirements, which come from TSCA-not

RCRA, reference some of the standards in Part 279

for marketers and burners of off-spec used oil .

"Therefore, by operation of the TSCA rules, used

oil that is on-specification under the RCRA rules

may nevertheless be subject to certain require-

ments specified in the RCRA rules for off specifica-

don used oil. . . . The fact that the TSCA rules incor-

porate by reference these RCRA standards does

not mean that PCB-containing [on-spec) used oil is

regulated under RCRA or that such used oil is off-

specification as defined by Part 279," [68 FR

44661, RO 14117] This appears to be a meaning-

less distinction, however, because used oil contain-

ing between 2 and 50 ppm PCBs that will be

burned for energy recovery must be managed as

McCoy's

02&1MccoyJ04Ms,~

RCRAUnraveled

R

'

off-spec used oil-not because of RCRA but be_,

cause of TSCA,

dusnial

Used

used oil

oil

furnaces

for

generators

energy

(i

recovery

e.,

that

without

burn

in onsite

their

complyingwith

boilers

own on-sportheec

iA.

off-spec burner requirements in Part 279, Subpart

G)

to

are,

avoid

by

the

definition,

Subpart

used

G burner

oil marketersstandards,

. In

theyorder

must determine that their used oil meets the used

oil fuel specification

. That makes them a marketer

per §279 .70(a)(2) (RO 14280]

12

.3

.3 Burning off-specification used all

Facilities that combust used oil that does not meet

the fuel specification face a much different outlook

than their counterparts that burn on-spec material

.

EPA limits the type of units in which off-spec used

oil may be burned and imposes additional require-

ments on such facilities . These requirements are

reviewed below.

12.3

.3.1 Allowable units

Offspec used oil may be burned only in a boiler or

industrial furnace as defined in §260 .10, utility

boiler, or RCRA hazardous waste incinerator. In

the case of a boiler or industrial furnace, such units

do not have to be Bffs subject to regulation under

Part 266, Subpart H; they simply must meet the

definition of boiler or industrial furnace in

§260.10. Hazardous waste incinerators, of course,

must be in compliance with Part 264/265, Sub-

part 0. There is one exception to these allowable

units, which we address in the next subsection .

The four types of units noted above that are al-

lowed to burn off-spec used oil address EPAs air

emission concerns . These units typically use high-

efficiency boilers, have significant air pollution con-

trols associated with them, and may not be located

in residential areas.

The agency has noted in guidance that facilities do

not have to analyze their used oil to see if it meets

the fuel specification if it will be combusted for en-

ergy recovery or incineration in one of the units

unoted

untaril)hi

par, 2279

oil drat

[RO 11°

solid wa

lieu of a

:

sometin

tedsdc 1

does nc

waste) I :

have to

pans 26

under P

tSeptem

12.3 .3

.2

A used c

onsite sp

Pair 27c

[§279 2

:

•

Only t

ceives

heater

∎ The s(

million

a Comb'

ventec

General'

not have

oil meet,

space he

given at

Thus, di

fog off-s

See Case

biliry of

12 .3 .3

.3

requiret

Per Pan

spec use

They mw

---

MccoY's

41

unraveled

tried for

O 2Po6 M[Gl pvo[i,uf

. m[

oil that

° frsec

used oi1_nor because of

e

paragraph above

. They may simply vol-

ergy

re-

cause o Used

'ments

Used

oil

generator

fume it is off-spec and choose to meet the

er

pro-

used oil

for

s

that bum

their

lubpart G requirements for burning used

part

F

Mare

dustrialchihmadeercesgy

requirements(i

recovery

e"withoutinincpasheldedarittgonsite7e5This

not

wouldmeet

iisbe

the

similar§279.11

specification

.

generator

hazardous (in

d in

oil h,

must determin

Subpart

Ge

burner

ff-gsprec

and

oil thatgexhibis a

charnc-

characteristic

llso,

per §279F0(a)(2) ll

Thatew

used

makes them

resul

tfrom

mixing with hazardous

re-

12

.3.3

Burn

.

[RO 14280]

n

sent to a RCRA incinerator Does that oil

In

Facilities that

g off-specification

U

.be managed as hazardous waste under

tg ! the fuels

combust used oil that

0-270, or can it be managed as used oil

Peal'tcation face

d0~+art

2792 It can be managed as used oil

.

e

91

than

PA

limits

cvuntel ants that burn

o

ffeauber

10, 1992

; 57 FR 41582)

>

oil may be Umepe

of units in which

off

The space heater exception

reviewed

mans on

belosuch

factl imposes addidon~il generator may bum off-spec used oil in

w

es These

require

t

,

pace hearers (without complying with the

12.3.3.1

A11owabie unfits

79, Subpart G burner standards) provided

a Keep records of each shipment of used oil ac-

Off.

sad oil may be b

23]

facility g

cepted for burning

; and

' b

inclustristi

oiler, or

RCpA h

as defnedein0§260

10

fr

wed

omoho

that

DlYs is burned such

a Before accepting the First shipment from a sup-

e

case

of a b°ileror'

outs waste mcinegters,

plier,

oil will

certify

only be

that

burned

EPA has

in §260been

.10

notified

boilers

and

and

thatin-

notnot

have to be

B1Futdustdal

furnace,

sue

space heater is rated at not more than 0 5

266

. Sub

dustrial furnaces, utility boilers, or hazardous

sublect to reguladotWon Btu/hr, and

definition

waste incineratorss

of hot] ,

pan

H

;

m§26010

,

.

azardous,HeK

industilastthey

simply

r

a

must

furnnunbustion

gases from the space heater are

mte dto ambient

bient &

esldeassociatedtial

areas dl em, and may not be lo41+ty of this exceptionn

agency

has noted in guidance

.233 .3 Off-spec used all burner

let

love

~caon

Via` used oil to

sthat

~

i

Rijer

279

Subpart G, facilities that burn off

recover, or monera

own

bra c

e

otf

the

Spec

ede

:

oil must meet a number of conditions

.

CHAPTER12

Used Oil

•

Obtain an EPA ID number

;

•

Document or determine whether the halogen

content of the used oil they bum is above or

below 1,000 ppm and, if above, rebut the pre-

sumption that the used oil has been mixed with

a hazardous waste

;

∎ Store used oil only in tanks, containers, or RCRA

units ;

•

Provide secondary containment for containers

and aboveground tanks used to store used oil ;

∎ Label tanks, containers, and UST fill pipes "Used

00

•

Respond to releases of used oil

;

• Report releases of used oil in excess of CERCLA

reportable quantities and releases that violate

water-quality standards or create a sheen on sur-

face water ;

polluciot-e Case Study

12.3

.4 Burning used oil-contaminated and

e in

do

materials

pan

0

There

I

derived

mphance With part

264~2k~mtors

taking advantage of this exception

ets whdtwe ddressintheone

C

bon

e hesubsseaEamees

tthefueelspecificatin.N

teethatanonste

that Contain or are contaminated with

fo

used ofl are

r energy r

reccovery.

as used oil if

[§279 .

O(c)(2), 5

burned

7nFR

wed to bur

es

of Of

-Spec

e

s

no

red above thaa

tt

en

above

heater

isthat

exceeds the Btu capacity limit considered a nonindustrial boiler

terials

cThis

tain

pplies

isible signs offree-flowing

pileFor

aencybole1Shaveesesunits

typl

y S

off spec Used oil

owner/operator

isuch

prohibited

pa unit1e[ROo142801

instance, hydraulic fluid filters and other used oil

ca°t~lfhli

12-7 for an exampe o te appca-

brats

burned

are

for

regulated

ene

recoveryunder

covery,

Part

regardless279

dless

if they

of the

arede-

gree of oil removal

(RO 118081 Similarly,

sorbens containing used o0 (without any free-

flowing oil visible) are subject to the Part 279 used

oil regulations if they are to be burned for energy

recovery [RO 11798] However, EPA has provided

a caveat to the above

:

---

CHAPTER 72

Used on

A county highway maintenance garage wants to

burn off-spec used oil generated at three offsite

sources, along with its own oil, in an onsite space

heater. The three offsite sources are 1) other,

nonrelated businesses, 2) other county mainte-

nance facilities, and 3) county-run DIY collection

centers- (The onsite space heater itself meets the

Btu-limit and combustion-gas-vent)ng provisions

noted in §27923.) Is this allowed?

The space heater exception allows generators to

burn only their own used all or that received from

DIYs. (5279 .23(a)) The first source of offsite used

all, from nonrelated businesses, would not qualify

for the space heater exception Here, the county

would be accepting used oil generated by other

entities; this is not allowed under §279.23(a).

The second source of used oil would qualify

for

the space heater exception In this case, the main-

tenance garage would be considered a used oil

aggregation point, because the garage aggre-

"[S)ome sorbents have a high [Btu] value and

once contaminated with used oil are managed

by burning for energy recovery and, therefore,

are regulated under Part 279 . Contaminated

materials (after draining) which provide little

or no energy when burned, such as soil or day-

based sorbeats, are not subject to Part 279

.

Whether a material is 'burned for energy recov-

ery depends on the type of materials being

burned and the combustion equipment being

used. For purposes of the EPA regulations gov-

erning boilers and industrial furnaces, burning

for energy recovery is limited to materials that

have a heating value of at least 5,000 Btu/

pound .. _ EPA believes it is reasonable and con-

sistentwith the regulations to apply the same in-

terpretation under Part 279 Of course, an au-

thorized state may interpret what constitutes

'burning for energy recovery more stringently

McCoy's

07oaaMrccy4ndAnOc,a,,,,,

RCRA unraveled

ft

Case Study 12-7 : Burning Used Oil in a County Maintenance Facility Space Heater

gates used oil from other generation sites that

are owned by the same entity (the county)

. Thus,

all of the used oil from those sources is consid-

ered to be generated by the same entity Note,

however, that the used oil from sites other than

the garage would have to be transported per the

terms of §279 24(b) (i.e, in quantities of no more

than 55 gallons in county- or county employee-

owned vehicles), unless the county chose to

meet used oil transporter requirements of Part

279, Subpart E.

The third source of offsite used oil would also

qualify for the space heater exception under the

same terms as the second source (la ., the garage

is an aggregation point and shipments must fol-

low §279.24(b)j . Note, however, that only used

oil from county-run DIY collection centers may be

burned In the space heater. Used oil from a state-

or privately-run DIY collection center would not-

qualify, (RO 11944)

than EPA and that interpretation could be con-

trolling__

." [RO 14111]

12.3 .5 Used oil marketer requirements

Besides regulating used oil burned for energy re-

covery, Pan 279 also addresses used oil "market-

ers " Any entity that conducts one of the following

two activities is subject to Subpart H requirements

as a used oil marketer:

1 Directs a shipment of off-spec used oil from

their facility to a used o8 burner ; or

2 . First claims that used oil to be burned for

energy

recovery meets the used ail fuel spedficadon

Subpart H does not apply to used oil generators and

transporters who send shipments of off-spec used

ail to processors, even if such processors ire dea-

; ' -.

tally burn used oil . The marketer regs also dont

:'

apply to persons who direct shipments of on-spec

r

---

MCCeyt qRpA

Unraveled

I 01"n a County Maintenance Facil'

Marts to i gates used

ItY Space f1 nt are not the fast person to claim the oil

e offsite !

oil from Other generation ~eofiradont other, i all of n used el a m entity (the cau -j used oil generators that burn their own

aced to b

generated a

Fwzgenerated

those

by the sasources

-7sed oil for energy recovery in onsite bad-

'aloe ii however, that the used

me entiydusvrial furnaces Cie

., without comp[ ' g

is the I' the garage would have to ham sites oth'Tan 279, Subpart G requirements) are, by

lions % than 55 gallons 4(b) (f , in quantities oft G burner standards, they order determine

s to meet

j owned

cubed

vehicles),

oil transporter

unles~th r county

reghd,

unty

men~~at

err;6

puts

used oil

them

meets

into

the

the

used

marketer

oil fuel

categoryspetcaa-

am

279, subpart EE ad

econd activity above

. [PLO 142803

;fy

The third source of offsit

ty

i marketer requirements focus on analyd-

qualify for the space

and recordkeeping

. Specifi-

c

a used oil woulihs, racking,

same terms as th

0 Second

heate,exception

Is an aggregation point and

undtiarketersmustSource

r'en the ro an EPA ID number

low §27924(b)]

. Note

;

shipments m

oil from county-run D however that oni "re that off spec used oil is shipped only to

burned in the

or privately-run DIY

space

qualify,

heaterry°Oiiaction

(RO . 179441

Used collection

oil

centers

from center

tl

a'

oil

2) woQp

plan

burners

or to

industrial

combust

who 1)

furnace,

have

that

an

utility

oil

EPA

in bolt

M

a

number,260or

haz-.10

?us waste incinerator

;

than

Main a certification of compliance from the

met prior to the first shipment of off-spec

nailing EPA

-"

and

IRO

that

14111]interpretation

could! of to that party

; and

12-3

.5 Used oil

ilnrain records of 1) on-spec used oil analyses,

3esides regulating used

market

oil

mariteterrequiremeq)i

burned far uy to

d

the

2)

Marketers

irddal

shipments

facility

must

of an-spec

keep

to which

records

and

it

off

delivers

of

spec

shipmentsusedthe

s-sv°N part 279 also addresses anal 1§279

.74(6), 68 FR 44662] Marketers are

cd entity that conducts 10

one of

modes is subject to Sub

t required maintain records subsequent

a used oil marketer,

.

the f0krufers of this is used oil to other entities

.

Part H requiie4example

, a service station that generates used

Directs a

rher facility

shipment

to a used

of off--spec

oil burner,-

used

orail

it

to

it

be

meets

burned

the fuel

for

specification

energy recovery

is a used

and

oil

claimsmar-

far

. The facility must obtain an EPA ID number

re

rY

~ hat

meets

used

the

of

used

to

ad

be

fuel

burned

specifiesforts

;

'n H does not apply to used oil $enetatarsx

DIets who send Sid prents of off-spec O

orocesed a even if such Processors nd!

' Persons on.[to

direct

e mare

Shipreel

also d§

of on-s'

CHAPTER

Used Oil12

and test the oil to show that it is on-spec These

requirements must be met prior to the used oil

being shipped offsite as on-spec-the oil cannot be

shipped under the assumption that it is cc will be

blended into on-spec used oil . [RO 14110] Finally,

the service station must maintain records of used

oil analyses and on-spec oil shipments

.

Section 761 .20(e)(2) requires marketers (and

burners) to presume that used oil to be burned for

energy recovery contains 22 ppm PCBs and is,

therefore, subject to the TSCA requirements in

§761

.20(e)(1) . The presumption can be overcome

if a marketer determines through testing or "other

information" that the used oil contains <2 ppm

PCBs. (RO 14606] ("Other information" consists

of personal knowledge of the source and composi-

don of the used oil, or a certification that the used

oil contains <2 ppm PCBs from the person generat-

ing the used oil

. f§761.20(e)(2)(iii)])

In guidance, EPA noted that the frequency of test-

ing used oil to ensure it meets the fuel spetdfia-

don depends on a number of site-specific consider-

ations . For example, if some action, mixing, or stor-

age conditions affect the physical or chemical

compostion of the used oil, a marketer must reeval-

uate whether it meets the specification . [RO

14110, 14626] Entities making a claim that used

oil meets the fuel specification should provide doc-

umentation of testing and sampling methods used

as well as the frequency of sampling/testing in the

facility's records . [September 10, 1992

; 57 FR

41597]

The applicability requirements, management stan-

dards, and other Part 279 provisions that apply to

used oil marketers are shown in Figure 12-6

.

---

CHAPTER 12

Used Oil

Is

processor

the used

In

oil

a manner

being burned

that isby

a

yes

Incidental to processing?

14 . 1

1§279.70(b)(1)

Does the used oil meet the

specifications

someone else first

ofl27gi

claim

land

that thedid

Yes l1

of meets specs?

No l

I §279.70(b)(2)

You are a marketer of used all

and are subject to 40 CFR.

Part 279, Subpart

H

standards,

which include:

Obtaining an EPA ID number,

Ensuring that offspec oil only

goes to burners with an EPA ID

number to be burned In

Industrial furnaces or boilers,.

utility boilers, or RCRA,

Incinerators ;

• Obtaining a

certification of

.

compliance from the burner

prior to the first shipment of

off spec used olb

•

Maintaining tracking records'

for off-spec oil shipments

; and

• Maintaining tracking records

and all analysis documenta

tion for on-spec oil shipments .

(Part 279, Subpart H I

rl

Source MccOy and Anedates, inc ; adapted from 40 6RPan 279. Subpart H

McCoy's RCRA Unrave,y

02006 MCCOV and asecyuc „e

-1 Do you generate used oil? Ys 0 SeeFgures12-4aand12-4h.

No ~ I

I§279 .70(c)(1)

I

Do you transport used oil?

YS0

SeePart279,SubpartE

I-

transporter standards .

No

•

1

1 §279 .70(c)(2)1

Do you process used oil? -t

YesSee

Part 279. Subpart F

processor standardsrds

No

I

4279.70(d(3)I

If you bum used oil, see

Figure 12-5.

I §279.70([)(4)

I

Used oil marketers who market forenergy

recovery used oil tharconrairts

ppm and <50 ppm of PCBs may only market such used all to 1)TSCA or

RCRA Incinerators, 2) TSCA high-efficiency bailers, 3) Industrial furnaces or

boilers as

defined in §260

.70, 41 utility hollers, or 5) other marketen .Testlng

or other Information may be used to determine that used all contains <2 ppm

of PCBs, and the marketer must document such determinations .

T

.

.1

5761 .201e)I

u

L

Si

n

R

Figure 12-6 : Regulatory Requirements for Marketers of Used Oil

Do you direct shipments of used

No

Are you the first party to claim

No

You are not subject to the

oil towed all burner?

0

that used all meets the

-~ 40 FR Part 219, Subpart 14

Y%

specifications of§279 .11?

standards for marketers

I

§27970(al(1) I

Yes

I §279.70(a)(2) I

al

---

ATTACHMENT B

ERRATA SHEET

---

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006

EXHIBIT A

ERRATA SHEET #1

Section 808 .12 1 (b)(5)(6)

INSERT:

Section 809

.211(1)

INSERT :

"Any person who hauls material subject to regulation pursuant to 35 Ill . Adm .

Code Part 739 and who has registered with the Agency as

a used oil

transporter ."

Section 809 .301 (a)

INSERT:

"The generator is not required to complete a manifest for material subject to

regulation pursuant to 35 Ill

. Adm . Code Part 739

. A transporter is not

required to have a special waste hauling permit to transport material subject to

regulation pursuant to 35 Ill

. Adm . Code Part 739, if the transporter has

registered with the Agency

as a used oil transporter ."

Section 809

.302(a)

INSERT:

The generator is not required to complete a manifest for material

subject to regulation pursuant to 35 111

. Adm. Code Part 739 .

A transporter is not required to have a special waste hauling permit to

transport material subject to regulation pursuant to 35 Ill

. Adm . Code

Part 739, if the transporter has registered with the Agency as a used oil

transporter .

"The generator is not required to complete a manifest for material subject to

regulation pursuant to 35 Ill . Adm

. Code Part 739 . A transporter is not

required to have a special waste hauling permit to transport material subject to

regulation pursuant to 35 111

. Adm . Code Part 739, if the transporter has

registered with the Agency

as

a used oil transporter ."

---

ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MAY 16, 2006

Section 809 .501(a)

INSERT :

"The generator (or transporter) is not required to complete a manifest for

material that is subject to regulation pursuant to 35 Ill

. Adm . Code Part 739 .

A transporter is not required to have a special waste hauling permit to

transport material that is subject to regulation pursuant to 35 111

. Adm . Code

Part 739, if the transporter has registered with the Agency as a used oil

transporter."