Search
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

Recent Posts

Compliance Topics

Compliance Archives

Lion - Quotes

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

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

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

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

Download Our Latest Whitepaper

Look beyond the annual "Top 10 List" to see specifics about the most cited OSHA health & safety Standards and the individual regulations that tripped up employers the most last year. 

Download
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.