Opting to Rebut the Presumption

If the EPA determines that any used oil contains more than 1,000 ppm of total halogens, the handler may rebut, or argue against, the presumption that the oil must be handled as hazardous waste.

The regulations for used oil management are more relaxed than those for hazardous waste. Thus, there are times when a handler may benefit by rebutting the presumption. For example, assume that a handler has a drum of used oil that is mixed with household hazardous wastes. Testing shows the halogen level to be 1,500 ppm. The handler could choose not to rebut the presumption and simply manage this used oil as hazardous waste. However, the handler knows that the used oil should not be considered hazardous because the halogens are from household hazardous waste. The handler can rebut this presumption by providing proof that the high halogen level is due to the oil having been mixed with household hazardous waste. Note that the burden of proof is on the handler.

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