Exemptions & Exceptions - Rebuttable Presumption

There are different ways to rebut the presumption that a used oil is contaminated enough to be treated as hazardous waste. For example, a used oil handler may rebut the presumption by demonstrating that the halogens in the used oil came from one of the following sources:

• Metalworking oils or fluids that contain chlorofluorocarbons that have been processed through a tolling agreement to reclaim the oil or fluids. (This general exemption is designed to reduce the paperwork load for the people involved in the tolling agreement.)
• Chlorofluorocarbons (CFCs) from refrigeration units that are destined for reclamation
• Household hazardous waste
• RCRA empty drums
• A material that is not a hazardous waste (for example, saltwater)
• Polychlorinated biphenyls (PCBs) per specifications

In some cases, used oil handlers may be able to rebut the presumption because of their particular situation. For example, the handler may be one of the following types of handler:

• A very small quantity generator (VSQG)
• A farmer who generates an average of 25 gallons or less of used oil per month from farm equipment that is used onsite

To learn more about RCRA visit our RCRA Hazardous Waste Safety Online Training web page.