Recycled Used Oil Management Standards

Summary

On July 30, 2003, EPA issued a final that rule eliminates drafting errors and ambiguities in the used oil management standards. Specifically, this rule clarifies when used oil contaminated with polychlorinated biphenyls (PCBs) is regulated under the RCRA used oil management standards and when it is not; that mixtures of conditionally exempt small quantity generator (CESQG) waste and used oil are subject to the RCRA used oil management standards irrespective of how that mixture is to be recycled; and that the initial marketer of used oil that meets the used oil fuel specification need only keep a record of a shipment of used oil to the facility to which the initial marketer delivers the used oil.

On July 14, 1998, EPA issued a rule that removes three amendments to the used oil management standards originally included in the direct final rule of May 6, 1998 and restores the regulatory text that existed prior to the direct final rule. The Agency received relevant adverse comment on three provisions of this rule which deal with mixtures of conditionally exempt small quantity generator waste and used oil, the applicability of the used oil management standards to used oil contaminated with polychlorinated biphenyls (PCBs), and recordkeeping requirements for marketers of used oil meeting the used oil fuel specification. EPA will consider the comments received as it finalizes the remaining amendments in the near future. These comments are available below.

On May 6, 1998, EPA issued a direct final rule that eliminates errors and clarifies ambiguities in the used oil management standards. This rule makes clear the Agency's intention that polychlorinated biphenyl (PCB) contaminated used oil containing 50 parts per million (ppm) PCBs or greater is not subject to regulation under the used oil management standards. Used oil contaminated with 50 ppm PCBs or greater is regulated under the Toxic Substances Control Act (TSCA) rather than the Resource Conservation and Recovery Act (RCRA). Used oil containing less than 50 ppm PCBs is regulated under RCRA and may be regulated under TSCA (depending on concentration and intended use or disposition). This rule also clarifies that the requirements applicable to releases of used oil apply in States that are not authorized for the RCRA base program. In addition, this rule clarifies that mixtures of conditionally exempt small quantity generator (CESQG) wastes and used oil are subject to the used oil management standards irrespective of how that mixture is to be recycled. This rule also amends three incorrect references to the pre-1992 used oil specifications in the provisions which address hazardous waste fuel produced from, or oil reclaimed from, oil bearing hazardous wastes from petroleum refining operations. Finally, this rule clarifies that the initial marketer of used oil that meets the used oil fuel specification need only keep a record of a shipment of used oil to the facility to which the initial marketer delivers the used oil.

Federal Registers

Supporting materials and public comments for these Federal Registers are available through EPA's
electronic public docket and comment system, EPA Docket [EDOCKET]. The docket
number is RCRA-1998-0015.

• July 30, 2003 Final Rule
  [Adobe PDF, 63 KB]
  
• July 14, 1998 Removal of Direct Final Rule Amendments
  [Adobe PDF, 28 KB]
• May 6, 1998 Direct Final Rule
  [Adobe PDF, 55 KB]
• May 6, 1998 Proposal
  [Adobe PDF, 42KB]

Supporting Documentation

Comments Received

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