Frequent Questions

Must used oil that exhibits a hazardous waste characteristic be managed as hazardous waste if it is being recycled?

Except as provided in 40 CFR §279.11, used oil and materials identified in §279.10 are subject to regulation as used oil, whether or not the used oil or material exhibits any characteristics of hazardous waste identified in Subpart C of Part 261 (§279.10(a)). 

The following guidance documents provide additional clarification on the regulation of used oil that exhibits a hazardous waste characteristic: 

Monthly Call Center Report Question; December 2004 (RCRA Online #14739)
 Memo, Bussard to Cameron; July 11, 1994 (RCRA Online #11850
Memo, Petruska to Citizen; February 8, 1994 (RCRA Online #11811
Memo, Petruska to Citizen; October 13, 1993 (RCRA Online #11786)
 
These memoranda are available in the RCRA Online database at the following URL: www.epa.gov/rcraonline

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