Treatment of Used Oil That Contains Hazardous Waste

Handlers of used oil may rebut, or argue against, the presumption that the used oil is contaminated by providing proof that the used oil does not contain significant concentrated hazardous constituents (as listed in 40 CFR 261, Appendix VIII). Keep in mind that the rebuttable presumption assumes that hazardous wastes are present. When it is known that used oil contains a listed hazardous waste, the used oil must be managed as hazardous waste, regardless of its halogen levels.

The handler has the following three options when managing used oil that contains levels of halogens that exceed 1,000 parts per million:

• Choose not to rebut the presumption, and manage the used oil as hazardous waste.
• Determine if the used oil qualifies for an exemption or exclusion from the rebuttable presumption requirements.
• Rebut the presumption by demonstrating, through testing, knowledge, or other means, that the used oil is not a listed hazardous waste.

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