[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR279.10]



[Page 479-482]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 279_STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents

 

                         Subpart B_Applicability

 

Sec.  279.10  Applicability.





    This section identifies those materials which are subject to 

regulation as used oil under this part. This section also identifies 

some materials that are not subject to regulation as used oil under this 

part, and indicates whether these materials may be subject to regulation 

as hazardous waste under parts 260 through 266, 268, 270, and 124 of 

this chapter.

    (a) Used oil. EPA presumes that used oil is to be recycled unless a 

used oil handler disposes of used oil, or sends used oil for disposal. 

Except as provided in Sec.  279.11, the regulations of this part apply 

to used oil, and to materials identified in this section as being 

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 of this chapter.

    (b) Mixtures of used oil and hazardous waste--(1) Listed hazardous 

waste. (i) Mixtures of used oil and hazardous waste that is listed in 

subpart D of part 261 of this chapter are subject to regulation as 

hazardous waste under parts 260 through 266, 268, 270, and 124 of this 

chapter, rather than as used oil under this part.

    (ii) Rebuttable presumption for used oil. Used oil containing more 

than 1,000 ppm total halogens is presumed to be a hazardous waste 

because it has been mixed with halogenated hazardous waste listed in 

subpart D of part 261 of this chapter. Persons may rebut this 

presumption by demonstrating that the used oil does not contain 

hazardous waste (for example, by showing that



[[Page 480]]



the used oil does not contain significant concentrations of halogenated 

hazardous constituents listed in appendix VIII of part 261 of this 

chapter).

    (A) The rebuttable presumption does not apply to metalworking oils/

fluids containing chlorinated paraffins, if they are processed, through 

a tolling arrangement as described in Sec.  279.24(c), to reclaim 

metalworking oils/fluids. The presumption does apply to metalworking 

oils/fluids if such oils/fluids are recycled in any other manner, or 

disposed.

    (B) The rebuttable presumption does not apply to used oils 

contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 

units where the CFCs are destined for reclamation. The rebuttable 

presumption does apply to used oils contaminated with CFCs that have 

been mixed with used oil from sources other than refrigeration units.

    (2) Characteristic hazardous waste. Mixtures of used oil and 

hazardous waste that solely exhibits one or more of the hazardous waste 

characteristic identified in subpart C of part 261 of this chapter and 

mixtures of used oil and hazardous waste that is listed in subpart D 

solely because it exhibits one or more of the characteristics of 

hazardous waste identified in subpart C are subject to:

    (i) Except as provided in paragraph (b)(2)(iii) of this section, 

regulation as hazardous waste under parts 260 through 266, 268, 270, and 

124 of this chapter rather than as used oil under this part, if the 

resultant mixture exhibits any characteristics of hazardous waste 

identified in subpart C of part 261 of this chapter; or

    (ii) Except as specified in Sec.  279.10(b)(2)(iii) regulation as 

used oil under this part, if the resultant mixture does not exhibit any 

characteristics of hazardous waste identified under subpart C of part 

261 of this chapter.

    (iii) Regulation as used oil under this part, if the mixture is of 

used oil and a waste which is hazardous solely because it exhibits the 

characteristic of ignitability (e.g., ignitable-only mineral spirits), 

provided that the resultant mixture does not exhibit the characteristic 

of ignitability under Sec.  261.21 of this chapter.

    (3) Conditionally exempt small quantity generator hazardous waste. 

Mixtures of used oil and conditionally exempt small quantity generator 

hazardous waste regulated under Sec.  261.5 of this chapter are subject 

to regulation as used oil under this part.

    (c) Materials containing or otherwise contaminated with used oil. 

(1) Except as provided in paragraph (c)(2) of this section, materials 

containing or otherwise contaminated with used oil from which the used 

oil has been properly drained or removed to the extent possible such 

that no visible signs of free-flowing oil remain in or on the material:

    (i) Are not used oil and thus not subject to this part, and

    (ii) If applicable are subject to the hazardous waste regulations of 

parts 124, 260 through 266, 268, and 270 of this chapter.

    (2) Materials containing or otherwise contaminated with used oil 

that are burned for energy recovery are subject to regulation as used 

oil under this part.

    (3) Used oil drained or removed from materials containing or 

otherwise contaminated with used oil is subject to regulation as used 

oil under this part.

    (d) Mixtures of used oil with products. (1) Except as provided in 

paragraph (d)(2) of this section, mixtures of used oil and fuels or 

other fuel products are subject to regulation as used oil under this 

part.

    (2) Mixtures of used oil and diesel fuel mixed on-site by the 

generator of the used oil for use in the generator's own vehicles are 

not subject to this part once the used oil and diesel fuel have been 

mixed. Prior to mixing, the used oil is subject to the requirements of 

subpart C of this part.

    (e) Materials derived from used oil. (1) Materials that are 

reclaimed from used oil that are used beneficially and are not burned 

for energy recovery or used in a manner constituting disposal (e.g., re-

refined lubricants) are:

    (i) Not used oil and thus are not subject to this part, and

    (ii) Not solid wastes and are thus not subject to the hazardous 

waste regulations of parts 260 through 266, 268, 270,



[[Page 481]]



and 124 of this chapter as provided in Sec.  261.3(c)(2)(i) of this 

chapter.

    (2) Materials produced from used oil that are burned for energy 

recovery (e.g., used oil fuels) are subject to regulation as used oil 

under this part.

    (3) Except as provided in paragraph (e)(4) of this section, 

materials derived from used oil that are disposed of or used in a manner 

constituting disposal are:

    (i) Not used oil and thus are not subject to this Part, and

    (ii) Are solid wastes and thus are subject to the hazardous waste 

regulations of parts 260 through 266, 268, 270, and 124 of this chapter 

if the materials are listed or identified as hazardous wastes.

    (4) Used oil re-refining distillation bottoms that are used as 

feedstock to manufacture asphalt products are not subject to this part.

    (f) Wastewater. Wastewater, the discharge of which is subject to 

regulation under either section 402 or section 307(b) of the Clean Water 

Act (including wastewaters at facilities which have eliminated the 

discharge of wastewater), contaminated with de minimis quantities of 

used oil are not subject to the requirements of this part. For purposes 

of this paragraph, ``de minimis'' quantities of used oils are defined as 

small spills, leaks, or drippings from pumps, machinery, pipes, and 

other similar equipment during normal operations or small amounts of oil 

lost to the wastewater treatment system during washing or draining 

operations. This exception will not apply if the used oil is discarded 

as a result of abnormal manufacturing operations resulting in 

substantial leaks, spills, or other releases, or to used oil recovered 

from wastewaters.

    (g) Used oil introduced into crude oil pipelines or a petroleum 

refining facility. (1) Used oil mixed with crude oil or natural gas 

liquids (e.g., in a production separator or crude oil stock tank) for 

insertion into a crude oil pipeline is exempt from the requirements of 

this part. The used oil is subject to the requirements of this part 

prior to the mixing of used oil with crude oil or natural gas liquids.

    (2) Mixtures of used oil and crude oil or natural gas liquids 

containing less than 1% used oil that are being stored or transported to 

a crude oil pipeline or petroleum refining facility for insertion into 

the refining process at a point prior to crude distillation or catalytic 

cracking are exempt from the requirements of this part.

    (3) Used oil that is inserted into the petroleum refining facility 

process before crude distillation or catalytic cracking without prior 

mixing with crude oil is exempt from the requirements of this part 

provided that the used oil constitutes less than 1% of the crude oil 

feed to any petroleum refining facility process unit at any given time. 

Prior to insertion into the petroleum refining facility process, the 

used oil is subject to the requirements of this part.

    (4) Except as provided in paragraph (g)(5) of this section, used oil 

that is introduced into a petroleum refining facility process after 

crude distillation or catalytic cracking is exempt from the requirements 

of this part only if the used oil meets the specification of Sec.  

279.11. Prior to insertion into the petroleum refining facility process, 

the used oil is subject to the requirements of this part.

    (5) Used oil that is incidentally captured by a hydrocarbon recovery 

system or wastewater treatment system as part of routine process 

operations at a petroleum refining facility and inserted into the 

petroleum refining facility process is exempt from the requirements of 

this part. This exemption does not extend to used oil which is 

intentionally introduced into a hydrocarbon recovery system (e.g., by 

pouring collected used oil into the waste water treatment system).

    (6) Tank bottoms from stock tanks containing exempt mixtures of used 

oil and crude oil or natural gas liquids are exempt from the 

requirements of this part.

    (h) Used oil on vessels. Used oil produced on vessels from normal 

shipboard operations is not subject to this part until it is transported 

ashore.

    (i) Used oil containing PCBs. Used oil containing PCBs (as defined 

at 40 CFR 761.3) at any concentration less than 50 ppm is subject to the 

requirements of this Part unless, because of dilution, it is regulated 

under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm or



[[Page 482]]



greater. PCB-containing used oil subject to the requirements of this 

Part may also be subject to the prohibitions and requirements found at 

40 CFR Part 761, including Sec.  761.20(d) and (e). Used oil containing 

PCBs at concentrations of 50 ppm or greater is not subject to the 

requirements of this Part, but is subject to regulation under 40 CFR 

Part 761. No person may avoid these provisions by diluting used oil 

containing PCBs, unless otherwise specifically provided for in this Part 

or Part 761 of this chapter.



[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 

FR 10559, Mar. 4, 1994; 59 FR 10559, Mar. 4, 1994; 61 FR 33693, June 28, 

1996; 63 FR 24969, May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, 

July 30, 2003; 70 FR 34591, June 14, 2005]