Regulations for Used Oil

In an effort to encourage the recycling of used oil, the RCRA regulations at 40 CFR 279 provide relatively easy processes for generators of used oil to implement. The RCRA regulations for used oil include a concept referred to as the "recycling presumption," which states that used oil, even if it has acquired hazardous characteristics during its use as an oil, is exempt from the hazardous waste regulations, because it is understood that the oil will eventually be recycled. The recycling presumption assumes that all of the used oil that is generated will be recycled, and that, therefore, it can be managed under RCRA's used oil management system rather than under the regulations for hazardous waste. This spares handlers from having to treat used oil as hazardous waste.

Note, however, that mixing used oil with hazardous wastes, or disposing of the oil instead of recycling it, invalidates the presumption, and then the oil must be treated as hazardous waste.

Used oil burners are facilities that burn off-specification used oil for energy recovery.

To learn more about RCRA safety standards visit our RCRA Refresher Online Training web page.