Abstract |
The Used Oil Recycling Act of 1980 is found, in part, at Section 30141 of the Resource Conservation and Recovery Act (RCRA). Section 3014 of RCRA directs the Administrator of the U.S. Environmental Protection Agency (EPA) to protect human health and the environment through regulation without discouraging the recovery or recycling of used oil. Used oil is any oil refined from crude oil or any synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities. Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with a halogenated hazardous waste listed in Subpart D of Part 261. Failure to rebut the presumption means that the used oil must be managed as a hazardous waste under 40 CFR Parts 262-270 instead of under the more favorable used oil management standards of 40 CFR Part 279. This document is designed to help regulators, members of the regulated community, and the public find and understand EPA regulations and policies concerning the used oil rebuttable presumption (the rebuttable presumption). A number of EPA documents mention the rebuttable presumption, including regulations, Federal Register (FR) preambles, letters, and enforcement documents, but up until now an overview of these documents did not exist. This document: (1) summarizes existing regulations and policies regarding the rebuttable presumption, and (2) provides guidance on implementing the rebuttable presumption. This document only applies to used oil containing greater than 1,000 parts per million (ppm) total halogens. |