SPA 25

July 30, 2003 - Page 1 of 3

RCRA REVISION CHECKLIST 203

Recycled Used Oil Management Standards; Clarification

68 FR 44659 – 44665

July 30, 2003

(RCRA Cluster XIV, Non-HSWA)

Name of State: Washington

State Statutory Authority: Chapter 70.105 RCW

Title of Regulations: Chapter 173-303 WAC Effective Date: July 31, 2009

Date Checklist Completed: May 10, 2010

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

WAC 173-303-

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 261 – IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A -- GENERAL

SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY 

EXEMPT SMALL QUANTITY GENERATORS

amend paragraph 261.5(j) 

by removing both phrases, 

“if it is destined to be 

burned for energy recovery”

261.5(j) 070(8)(c)

The state rule is 

more stringent 

because CESQG 

wastes mixed with 

used oil cannot be 

managed as used 

oil when it is 

burned for energy

recovery. These 

mixtures must be 

managed under 

section 510 rules 

on dangerous 

waste burned for 

energy recovery. 

The federal rule 

allows CESQGs to 

mix their wastes 

with used oil and 

burn it for energy

recover.

X

PART 279 – STANDARDS FOR THE MANAGEMENT OF USED OIL

SUBPART B -- APPLICABILITY
SPA 25

RCRA REVISION CHECKLIST 203: Recycled Used Oil Management Standards; Clarification

(Cont’d)

July 30, 2003 - Page 2 of 3

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

WAC 173-303-

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

APPLICABILITY

Revise paragraph (i) to read 

as follows:

279.10 515(3) IBR

045(1)

X

Used oil containing PCBs at 

any concentration less than 

50 ppm is subject to 

requirements of this Part 

unless it is regulated under 

40 CFR 761 as a used oil 

containing PCBs at 50 ppm 

or greater. PCB-containing 

used oil subject to the 

requirements of this Part 

may also be subject to 

prohibitions and 

requirements at 40 CFR 

761, including 20(d) and (e). 

Used oil containing PCBs at 

concentrations of 50 ppm or 

greater is not subject to 

requirements of this Part, 

but is subject to regulation 

under 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.

279.10(i) 515(3) IBR

045(1)

The state rule is 

more stringent 

because it requires 

that any testing 

performed to meet 

used oil standards 

use specific test 

methods listed in 

WAC 173-303-

110(3).

X

SUBPART H -- STANDARDS FOR USED OIL FUEL MARKETERS

TRACKING

279.74 is revised so 

paragraph (b) reads as 

follows:

279.74 515(11) IBR

045(1) 

X
SPA 25

RCRA REVISION CHECKLIST 203: Recycled Used Oil Management Standards; Clarification

(Cont’d)

July 30, 2003 - Page 3 of 3

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

WAC 173-303-

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

A generator, transporter, 

processor/re-refiner, or 

burner who first claims that 

used oil that is to be burned 

for energy recovery meets 

the fuel specifications under 

279.11 must keep a record

of each shipment to the 

facility to which it delivers 

the used oil. Records for 

each shipment must include 

the following information

279.74(b) 515(11) IBR

045(1) 

X

Name and address of facility

receiving the shipment;

279.74(b)(1) 515(11) IBR

045(1) 

X

Quantity of used oil fuel 

delivered;

279.74(b)(2) 515(11) IBR

045(1) 

X

Date of shipment or 

delivery; and

279.74(b)(3) 515(11) IBR

045(1) 

X

A cross-reference to the 

record of used oil analysis 

or other information used to 

make the determination that 

the oil meets the 

specification as required 

under 279.72(a).

279.74(b)(4) 515(11) IBR

045(1)

X