Search

Question of the Week: Mixing Used Oil & Hazardous Waste

Posted on 9/28/2011 by James Griffin

Q. If I have some used oil and mix it with hazardous waste, can I still manage it as used oil? Or is the whole mixture now a hazardous waste?
 
A. The answer is, it depends. Some mixtures of hazardous waste and used oil must be managed as hazardous waste, but other mixtures can be managed under the alternative, less restrictive rules for used oil.
 
Used Oil
Used oil, including crankcase oil, transmission fluid, hydraulic fluid, machining oil, and lubricating oils, can be managed under the Used Oil regulations codified at 40 CFR Part 279, even if that oil has a hazardous waste characteristic.
 
Used Oil Mixed With “Listed” Wastes
A mixture of used oil and a hazardous waste that is listed in 40 CFR Part 261, Subpart D, a waste with an F-, K-, P-, or U-code, must be managed as a listed hazardous waste. Remember that a mixture of a hazardous waste and ANY solid waste is a listed waste. [40 CFR 261.3(a)(2)(ii)]
 
Used Oil Mixed With “Characteristic” Waste
When you mix used oil with a characteristically hazardous waste, a waste with a D-code or one listed only due to ignitability, corrosivity, reactivity, or toxicity, then the resulting mixture may or may not be a hazardous waste.
 
  1. If you have a mixture of used oil and a characteristically hazardous waste and the mixture has a characteristic, then you must manage it as hazardous waste.
  2. If you have a mixture of used oil and a characteristically hazardous waste and the mixture does not have any characteristics, then you may manage it as used oil.
  3. If you have a mixture of used oil and an ignitable hazardous waste (a waste that is hazardous solely because it exhibits the ignitibility characteristic) and the resulting mixture is NOT ignitable, then you may manage it as used oil whether or not other characteristics are present in the final mixture.
Rebuttable Presumption
One more thing to note is that if your used oil contains more than 1,000 ppm total halogens, the EPA presumes that all those halogens got there because you mixed in some hazardous waste. This means that the EPA doesn’t have to prove you did indeed mix used oil and hazardous waste. Instead, you have to prove to them that you didn’t.
 

Tags: hazardous, RCRA, waste

Find a Post

Compliance Archives

Lion - Quotes

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

Download Our Latest Whitepaper

Use this guide to spot which tanks and substances are regulated under EPA's Underground Storage Tank program, and which are excluded as of October 2018.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.