Used Oil (40 CFR Part 279)
Last reviewed · By Chad Griffith
Used oil is petroleum-based or synthetic oil that has been used and contaminated by physical or chemical impurities. EPA regulates used oil under 40 CFR Part 279 (Used Oil Management Standards) when destined for recycling — a separate regulatory framework from RCRA hazardous waste rules that applies to disposal-bound waste. Generators must label tanks 'Used Oil', store in good-condition containers, prevent and respond to releases, and ship only to handlers with EPA ID numbers. Used oil with halogen content above 1,000 ppm is presumed to be hazardous waste unless rebuttable evidence demonstrates otherwise.
Frequently Asked Questions
Is used motor oil hazardous waste?
Used motor oil destined for recycling is regulated under 40 CFR Part 279 (Used Oil Management Standards), not RCRA hazardous waste. Used oil with halogen content above 1,000 ppm is presumed to be hazardous waste unless evidence demonstrates the halogen content is from another source. Used oil being disposed (not recycled) is regulated under the more stringent RCRA rules.
How long must used oil shipping records be retained?
3 years per 40 CFR 279.22(d). Records include dates, transporter name and EPA ID number, quantities, and destination identification. Records must be available for EPA or state inspector review.
Can businesses burn used oil for heat?
Yes, in space heaters meeting specific conditions per 40 CFR 279.23: maximum capacity of 0.5 million BTU/hr or less, burning only used oil generated on-site (cannot burn off-site oil), with combustion gases vented to ambient air. Heaters meeting these conditions are not subject to RCRA boiler/industrial furnace standards.
Are used oil manifests required?
No. Used oil shipments do not require RCRA manifests. Shipping records must include shipper, transporter EPA ID, destination, date, quantity, and shipper's signature — typically captured on commercial bills of lading. The simpler shipping framework versus hazardous waste manifests is a regulatory incentive to recycle used oil.
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