Many businesses use oils in their day-to-day operations. If your company uses a vehicle, engine, tool or machine which requires lubrication with oil, chances are good that U.S. EPA's used oil management regulations will apply. The central principle behind the used oil regulations is U.S. EPA's belief that used oil is usually recyclable and not considered hazardous waste. However, if the used oil has certain characteristics, the regulations presume that the used oil is hazardous, often because the used oil is presumed to be mixed with other hazardous waste. All generators, transporters, processors, rerefiners, and burners of used oil are required to determine whether their used oil contains more than 1,000 ppm total halogens. Using the 'Rebuttable Presumption' for Used Oil Mixtures Important to the used oil rules is the rebuttable presumption that all used oil containing greater than 1,000 ppm total halogens has been mixed with a halogenated hazardous waste (e.g., spent halogenated solvents). Such used oil is presumed by EPA to be hazardous and must be managed as hazardous waste, rather than as used oil. However, EPA allows this presumption to be rebutted if proper documentation (e.g. waste analysis from a certified lab) can be provided that verifies the source of the halogens in the used oil. If it can be proven that the used oil has not been mixed with a listed halogenated hazardous waste, the used oil mixture can be handled in accordance with the used oil management standards. When total halogens exceed 4,000 ppm, the oil may still be regulated as used oil (with the proper documention), but the oil is considered off-specification used oil. Without such documentation, however, the used oil mixture is subject to the applicable hazardous waste rules. Exemptions from Presumption The rebuttable presumption does not apply to oils that have been mixed with chlorofluorocarbons (CFCs) or with metalworking oils or fluids containing chlorinated paraffins. In other words, these mixtures do not need to be managed as hazardous waste, provided that they are recycled properly in compliance with 40 CFR 279. A similar exemption applies to used oil contaminated with chemicals that are used in a manner similar to CFCs in refrigeration units (e.g., hydrochlorofluorocarbons (HCFCs) and hydrogenated fluorocarbons (HFCs)). Management of Specific Mixtures 1. Mixtures of used oil and a hazardous waste identified in Subpart D of 40 CFR 261 (“listed hazardous waste”) are regulated as a hazardous waste. 2. Mixtures of used oil and a hazardous waste which exhibits a characteristic of hazardous waste identified in Subpart C of 40 CFR 261 (“characteristic hazardous waste”) are regulated as a hazardous waste if the resultant mixture exhibits any characteristics of the hazardous waste. 3. Mixtures of used oil and a hazardous waste that exhibits a characteristic of hazardous waste (identified in Subpart C of 40 CFR 261) will be regulated under the used oil management standards if the resultant mixture does not exhibit any hazardous waste characteristic. 4. Mixtures of used oil and a hazardous waste that is hazardous solely because it exhibits the characteristic of ignitability are regulated under the used oil management standards if the resultant mixture does not exhibit the characteristic of ignitability under 40 CFR 261.21. However, if the resultant mixture exhibits the characteristic of ignitability, the resultant mixture is regulated under the hazardous waste standards. 5. Mixtures of used oil and hazardous waste generated by conditionally exempt small quantity generators (persons generating less than 100 kg of hazardous waste or 1 kg of acutely hazardous waste per month) are regulated as used oil. Manifests Under the federal rules, a hazardous waste manifest does not need to accompany each shipment of used oil. No matter how or where you use oil in your operations, used oil management regulations likely apply to what you are doing. If you need help in reviewing your used oil management practices and compliance, you should seek legal counsel experienced in environmental matters.
Regulations covering used oil can be slippery
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