Used oil has been defined 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. 40 CFR §279.1. Sources of used oil include:

• Automotive lubricating oil
• Industrial oils
• Hydraulic oils
• Oily sludges

Used oil is regulated by the U.S. Environmental Protection Agency ("EPA") as well as state environmental agencies. The federal regulations are set forth in 40 CFR Part 279 and are called "Standards for the management of used oil." Some states, such as California, have adopted regulations that are more stringent than the federal regulations.

RCRA, the Resource Conservation and Recovery Act,^* is the federal law that was originally enacted by Congress in 1976. RCRA's primary goals are to protect human health and the environment from the potential hazards of waste disposal, to conserve energy and natural resources, to reduce the amount of waste generated, and to ensure that wastes are managed in an environmentally sound manner. RCRA was amended in 1984 and one of the amendments specifically directed EPA to regulate used oil so as to encourage recycling and protect the environment.

RCRA regulated hazardous waste: A waste may be considered hazardous if it is ignitable, corrosive, reactive, (e.g. explosives), or contains toxic chemicals. In addition to these characteristic wastes, EPA has also developed a list of over 500 specific hazardous wastes.

EPS's used oil management regulations establish that recycled used oils and used oil destined for recycling are not hazardous wastes. In fact, the EPA's regulations presume that used oil will be recycled, it no longer has the benefit of being regulated under the used oil management standards and must be tested to determine if it is a hazardous waste.

^*This information summarizes some of the key provisions of the federal rules governing used oil. Some states may have more stringent regulations and you should review your state's rules. This information should not be construed as providing legal advice whatsoever, some provisions in the used oil regulations (such as the rebuttable presumption provision) are subject to different interpretations. You should consult EPA and state guidance documents as well as your own attorney on all used oil or hazardous waste compliance issues.

Halogens are a group of non-metal elements that exhibit similar properties. They include fluorine, chlorine, bromine, iodine and astatine. Sources of halogens include:

• Chlorinated solvents
• Pesticides
• Polychlorinated Biphenyls ("PCBs")

It is worth pointing out that used oil containing PCBs in concentration of 50 ppm or greater are subject to the Toxic Substances Control Act. 40 CFR §279.10

EPA's Rebuttable Presumption Rule: According to this rule, any used oil containing 1000 parts per million ("ppm") of total halogens is presumed to have been mixed with hazardous waste and consequently the entire used oil/waste mixture constitutes hazardous waste. 40 CFR §261.3(a)(2)(v). The rule also allows generators to rebut the presumption in several different ways. For example, when using a Dexsil field test, if the result shows that the used oil contains a concentration of over 1000 ppm total halogens, a sample of the oil can be sent for laboratory analysis to determine the source of the halogens. If laboratory analysis shows that:

• RCRA listed solvents in the used oil were not in significant concentrations (less than 100ppm), the used oil can be classified as non-hazardous and regulated as used oil. See 509 Fed. Reg. 49176 Nov. 29, 1985. If the total halogens are less than 4000 ppm, then the used oil can be classified as "on-specification" used oil provided four special metals (lead, arsenic, cadmium, and chromium) are all below the required concentrations. Also, the flashpoint must be 100 degrees Fahrenheit or greater. See 40 CFR §279.11
• RCRA listed solvents were in significant amounts, then the used oil is classified as hazardous waste unless the source of the halogens can be conclusively shown not to be hazardous waste.
• RCRA listed solvents were not in significant amounts, but the total halogens were more than 4000 ppm, then the used oil can be classified as "off-specification" used oil.

Again, if the used oil contains over 1000 ppm total halogens, the used oil is presumed to be mixed with listed hazardous waste and is classified as hazardous waste - unless the presumption can be rebutted.

Types of Companies That Handle Used Oil/ Hazardous Waste:

• Generators are those entities whose activities produce used oil. Examples of generators include car repair shops, service stations, railroads and metalworking industries. RCRA makes clear that it is the generator (not the collector, transporter, or processor) who is responsible for properly characterizing the material being generated.
• License Hazardous Waste Collectors pick up hazardous waste and transport to facilities that treat, store and dispose of hazardous waste.
• Used Oil Collectors pick-up non-hazardous used oil and transport it to facilities that store and/or recycle used oil.
• Preprocessors/ Re-refiners recycle non-hazardous used oil for fuels and lubricating oil.
• Burners burn used oil as fuels in industrial and non-industrial boilers and furnaces.

Importance of Testing Used Oil

Be sure to test the used oil before it leaves your facility. This will inform the driver that you gave him non-hazardous oil. Remember, used oil picked up at the other facilities will be mixed with yours.

If the used oil tests positive for high levels of halogens, and the presumption cannot be rebutted you must manifest the contaminated oil as hazardous waste and have a licensed hazardous waste company transport the waste.

Identifying the sources of chlorine in your facility will allow your employees to segregate spent solvents from used oil storage tanks.

Remember, it is the generator's responsibility to properly characterize their used oil and waste materials. There are very stringent civil and criminal penalties for mishandling hazardous wastes.