Frequent Questions

What is the rebuttable presumption for used oil?

Used oil that contains more than one thousand parts per million (ppm) of total halogens is presumed to have been mixed with a regulated halogenated hazardous waste (i.e., spent halogen solvents) and is therefore subject to applicable hazardous waste regulations A person may rebut this presumption by demonstrating, through analysis or other documentation, that the used oil has not been mixed with halogenated hazardous waste. One way of doing this is to show that the used oil does not contain significant concentrations of halogenated hazardous constituents (50 FR 49164, 49176; November 29, 1985). If the presumption is successfully rebutted, the oil is not considered to have been mixed with a regulated hazardous waste and is subject to the used oil management standards rather than the hazardous waste regulations. Additional guidance regarding the rebuttable presumption is available in the following documents: 

Monthly Call Center Report Question; August 1999 (RCRA Online #14400) Monthly Call Center Report Question; December 1996 (RCRA Online #14051) Memo, Lowrance to Hartman; April 5, 1993 (RCRA Online #11735
Monthly Call Center Report Question; December 1992 (RCRA Online #13579) Memo, Lowrance to Guerci; May 15, 1989 (RCRA Online #13282)
Memo, Hale to Citizen; September 15, 1986 (RCRA Online #12738)
Memo, WIlliams to Tarrer; April 8, 1986 (RCRA Online #12608
Memo, Skinner to Tarrer; October 22, 1984 (RCRA Online #12319

These documents are available at the following URL: 
https://yosemite.epa.gov/osw/rcra.nsf/how+to+use?OpenForm

Additional information regarding the rebuttable presumption is available at the following URL: 
www.epa.gov/hw/information-regarding-resource-conservation-and-recovery-act-rcra-used-oil-rebuttable-presumption

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