Materials Characterization Paper 

In Support of the

Final Rulemaking: 

Identification of Nonhazardous Secondary Materials That Are Solid Waste 

 Used Oil 

February 3, 2011 

===================================================================== 

1. Definition of Used Oil 

EPA defines used oil as any oil that has been refined from crude oil, or any synthetic oil, that has 

been used and as a result of such use is contaminated by physical or chemical impurities.1 

EPA’s criteria for used oil: 

• Origin: Used oil must have been refined from crude oil or made from synthetic materials 

(i.e., derived from coal, shale, or polymers). Examples of crude-oil derived oils and 

synthetic oils are motor oil, mineral oil, laminating surface agents, and metal working 

oils. Thus, animal and vegetable oils are not included. Bottom clean-out from virgin fuel 

oil storage tanks or virgin oil recovered from a spill, as well as products solely used as 

cleaning agents or for their solvent properties, and certain petroleum-derived products 

such as antifreeze and kerosene are also not included. 

• Use: The oil must have been used as a lubricant, coolant, heat (non-contact) transfer 

fluid, hydraulic fluid, heat transfer fluid or for a similar use. Lubricants include, but are 

not limited to, used motor oil, metal working lubricants, and emulsions. An example of a 

hydraulic fluid is transmission fluid. Heat transfer fluids can be materials such as 

coolants, heating media, refrigeration oils, and electrical insulation oils. Authorized 

states or regions determine what is considered a “similar use” on a site-specific basis 

according to whether the material is used and managed in a manner consistent with Part 

279 (e.g., used as a buoyant). 

• Contaminants: The used oil must be contaminated by physical (e.g., high water content, 

metal shavings, or dirt) or chemical (e.g., lead, halogens, solvents or other hazardous 

constituents) impurities as a result of use. 

2. Annual Quantities of Used Oil Generated and Used 

(1) Sectors that Generate Used Oil: 

• According to EPA, generators of used oil include “businesses that handle used oil 

through commercial or industrial operations or from the maintenance of vehicles 

and equipment.” Examples include:2

 1

 See 40 CRF 279.1 for the specific definition. 

2

 EPA’s regulatory definition of used oil generators does not include 1) farmers who produce less than an 

average of 25 gallons of used oil per month and 2) individuals who generate used oil through the maintenance of 
Used Oil 

2

o Automotive repair shops 

o Vehicle service stations 

o Fleets 

o Grocery stores 

o Metal working industries 

o Energy industry 

o Boat marinas (EPA 2008b) 

• Exhibit 1 lists the NAICS codes of the major sectors that generate used oil. 

Exhibit 1: NAICS Codes for Used Oil Generators 

NAICS NAICS Title 

1111 Crop production 

2212 Electric services 

2212 Electric and other services combined 

3242 Petroleum and coal products 

332, 3332 Special industry machinery 

3331 Metal working industries 

333, 3362 Construction machinery and equipment 

4212 Scrap and waste materials 

4451 Grocery stores 

484, 488, 492, 493, 5622 Motor freight transportation and warehousing 

7131 Boat marinas 

8111 Automotive repair shops 

8111 Fleets 

8111 Vehicle service stations 

8141 Private households 

5621 Waste Management and Remediation Services 

Sources:

1. Description of sectors from EPA 2008b; NAICS identified from U.S. Census 

Bureau 2007. 

2. EPA 2005b. 

(2) Quantities of Used Oil Generated: 

Exhibit 2 summarizes the annual generation and management of used oil. As 

indicated in the exhibit, an estimated 70 percent of used oil is either used as a fuel 

(i.e., burned for energy recovery) or re-refined into lubricating oil. However, 

depending upon the year, estimates indicate that as much as 90 percent of all 

collected used oil is burned for energy recovery, leaving 10 percent or less to be rerefined into lubricating oil (Svizzero 2008).

 

their personal vehicles and equipment. Although EPA’s regulatory definition does not include these groups, the data 

included in this document reflect used oil generated by all entities that generate this material. 
Used Oil 

3

(3) Trends in Generation: 

The data sources consulted for this document do not include information on the trend 

in the generation of used oil. A 2006 report from the Department of Energy indicates, 

however, that the volume of oil changed by consumers themselves (e.g., households 

and owners/operators of commercial vehicles) declined from 60 percent of total oil 

changes in 1997 to 45 percent in 2005 (DOE 2006, p. 5-2). This shift in practice 

may have helped increase the recycling rate for used oil. During the 1997-2005 

period, the recycling rate for used oil generated by service stations increased from 66 

percent in 1997 to almost 100 percent (DOE 2006, p. 5-2). 

Exhibit 2: Overview of Annual Generation and Use

Commodity 

Annual 

Quantity 

Generated 

Annual 

Quantity 

Used as Fuel 

Annual Quantity Disposed 

of in Landfills or 

Improper Locations 

Annual Quantity 

Re-refined 

Total 

Quantity 

Stockpiled 

Used Oil 1.37 billion 

gallons 

780 million 

gallons 

426 million gallons 165 million gallons unknown 

Sources:

Data are from United States Department of Energy 2006, p.5-1. 

3. Uses of Used Oil 

(1) Combustion Uses: 

• Use as feedstock at petroleum refinery 

• Use as an alternative fuel (EPA 2008b) 

For the purposes of regulating used oil burned for energy recovery, EPA makes a 

distinction between on-spec used oil and off-spec used oil based upon a finding that 

only certain contaminants in used oil pose a significant threat to human health or the 

environment. As a result, EPA has established maximum concentration limits for 

these constituents of concern, as summarized in Exhibit 3.3

 If the used oil is shown 

not to exceed any allowable level, it is on-spec and can be burned in any combustion 

device. Otherwise, it is considered off-specification. 

 3 The limits are set such that the emissions resulting from the burning of used oil containing these 

contaminants, at or below established “on-spec” limits, will pose no more threat to human health or the environment 

than the emissions resulting from the burning of virgin oil or diesel (68 FR 44662, July 30, 2003).
Used Oil 

4

Exhibit 3: Criteria for On-Specification Used Oil 

Property Allowable Level 

Arsenic 5 ppm maximum 

Cadmium 2 ppm maximum 

Chromium 10 ppm maximum 

Lead 100 ppm maximum 

Total Halogens 4,000 ppm maximum1

Flashpoint 100° F minimum 

Source:

EPA 2001 

Notes:

1. Used oil containing more than 1,000 ppm total halogens is presumed 

to be a hazardous waste under the rebuttable presumption provided 

under §279.10(b)(1). Such used oil is subject to subpart H of part 

266 rather than part 279 when burned for energy recovery unless the 

presumption of mixing can be successfully rebutted. 

The distribution of used oil between on-spec and off-spec is somewhat uncertain, as 

different data sources provided by comments on the proposed rule show different 

distributions between on-spec and off-spec used oil. Test data provided by NORA 

suggest that between 0.7 and 1.5 percent of used oil is off–spec. This range reflects 

data on 3,500 samples of used oil, 24 to 53 of which exceed the specification for at 

least one contaminant – specifically for total halogens and chromium (URS as 

referenced in Parker 2010). 

In addition, based on 55 samples of used oil burned in space heaters and small 

boilers, data provided by the Used Oil Management Association (UOMA) suggest 

that approximately 4 percent of used oil is off-spec (URS as referenced in Bodine 

2010). Used oil data from the Florida Department of Environmental Protection also 

suggest that approximately 4 percent of used oil is off-spec. According to these data, 

an estimated 122,341,001 gallons of used oil and oily waste were managed in Florida 

in 2005. Of this, 57,933,133 gallons (47.4 percent) were recycled as follows: 

• 49,361,591 gallons (85 percent) were marketed as an on-spec used oil fuel 

• 2,513,214 gallons (4 percent) were burned as an off-spec used oil fuel 

• 6,058,328 gallons (11 percent) were marketed for other industrial uses (e.g. 

phosphate beneficiation) (Florida DEP as referenced in Bodine 2010). 

Additional data provided by the Used Oil Management Association for 230 samples 

of used oil collected from various businesses in Ontario, Canada between 2003 and 

2010 found that four of these samples were off-spec for arsenic (Bodine 2010). An 

explanation for the high arsenic levels was not provided. 
Used Oil 

5

As shown in Exhibit 4, asphalt plants are the largest users of used oil as fuel, followed 

by space heaters and industrial boilers. It is likely that asphalt plants use on-spec used 

oil adhering to the criteria noted in Exhibit 3 above. 

Exhibit 4: Users of Used Oil 

Used Oil Burners

38%

12% 14%

10%

10%

4%

12%

Asphalt Plants

Space Heaters

Industrial Boilers 

Utility Boilers

Steel Mills 

Cement Kilns 

Others

Source: DOE 2006, p. 5-2. 

A portion of the used oil burned for energy recovery in the U.S. is reflected in the combustor 

survey database developed by EPA for the Commercial and Industrial Solid Waste 

Incinerator (CISWI) standards and the Industrial Boilers Maximum Achievable Control 

Technology (MACT) standards. According to this database, the units surveyed by EPA for 

these standards annually combust 34 million gallons of used oil (EPA 2009).4

 In addition, an 

industry source’s comments on the proposed rule indicate that there are approximately 

100,100 oil-fired space heaters and small boilers in operation burning 109.2 million gallons 

of used-oil annually (Brandt 2010). 

(2) Non-Combustion Used Oil Uses: Used oil may be re-refined for use in phosphate 

beneficiation or as an industrial lubricant (EPA 2008b). 

(3) Quantities of Used Oil Landfilled: Approximately 426 million gallons of used oil 

are landfilled or improperly disposed annually (DOE 2006).

 4

 Although we report used oil quantities from the combustor database in gallons, the database includes 

material quantities expressed in terms of heating values (Btu). To express this information in terms of gallons, we 

assumed that used oil has a heating value of 140,000 Btu per gallon, consistent with the estimate in EPA 2008b. 

Also, we note that much of the used oil burned by combustion units included in the database may be reported as 

(virgin) fuel oil rather than as used oil. That is, the use of used oil may be underreported in the combustor database. 
Used Oil 

6

(4) Quantities of Used Oil Stockpiled/stored: Readily available data sources on used 

oil do not suggest that this material is stockpiled or stored (for long periods of time) 

in large quantities. Although nation-wide stockpile data were not readily available, 

data on used oil management in Florida indicates that 2.8 percent of used oil managed 

was stockpiled in 2005 (Florida DEP as referenced in Freeman 2010). 

4. Management and Combustion Processes for Used Oil 

(1) Types of Units Combusting Used Oil:

Facilities burn both on-specification and off-specification used oil. However, offspec used oil may only be burned in specified combustion devices (EPA 2008): 

• Industrial furnaces as defined in 40 Code of Federal Regulation (CFR) §260.10 

and §279.61(a). Industrial boilers as defined in 40 CFR §260.20 that are located 

at facilities that are engaged in a manufacturing process where substances are 

transformed into new products. 

• Utility boilers as defined in 40 CFR §260.20 that are used to produce electric 

power, steam, heated or cooled air, or other gases or fluids for sale. 

• Used oil-fired space heaters provided that the burner meets the provisions of 40 

CFR §279.23. 

• Hazardous waste incinerators subject to regulation under 40 CFR parts 264 and 

265, subpart O. 

(2) Supply/Processing Chain for Used Oil: 

The Standards for the Management of Used Oil in the Code of Federal Regulations 

define processing as “chemical or physical operations designed to produce from used 

oil, or to make used oil more amenable for production of, fuel oils, lubricants, or 

other used oil-derived product. Processing includes, but is not limited to: blending 

used oil with virgin petroleum products, blending used oils to meet the fuel 

specification, filtration, simple distillation, chemical or physical separation and rerefining” (40 CFR 279.50(a)). 

(3) Processing Used Oil for Fuel Applications: 

Used oil is generated from many different sources and then consolidated at key 

collection points (e.g., commercial and industrial operations, automotive repair shops, 

branch collection networks, and fleets) through well-established channels before 

being shipped to processing facilities and end users. Based on communications with 

used oil recyclers and marketers, the steps to process used oil for use as a fuel are as 

follows: 

• Test the oil to determine whether it’s on-spec or off-spec. The recyclers and 

marketers who we contacted indicated that nearly all used oil is on-spec 

(Blackburn 2009). 

• Remove as much water and other liquids from the oil as possible by allowing the 

water to settle to the bottom, or also by using solvents to remove water (and 

sometimes antifreeze). 
Used Oil 

7

• Filter out metal scraps and other larger particles using screens. The filtering can 

be done when the oil is collected, or in the burner when the oil is added (Saunders 

2008 and Blackburn 2008). 

Before it is used as fuel, standard industry practice is to extract water from and filter 

used oil as described above. 

In addition to the processing steps outlined above, processors typically store used oil 

in tanks, allowing oil to separate from other liquids and settle to the bottom of the 

tank. These steps allow processors to provide users with relatively high-quality used 

oils (Saunders 2008 and Blackburn 2008, 2009). 

Estimated counts of the entities involved in the various stages of used oil processing 

and use include the following: 

• 379 used oil transporters and transfer facilities 

• 150 used oil processors and re-refiners 

• 340 used oil fuel marketers 

• 750 burners of off-specification used oil (Office of Management and Budget 

2005, p. 52) 

 

(4) State Status of Used Oil use as Fuel: 

Based on a review of information from the 2006 Beneficial Use Survey conducted by 

the Association of State and Territorial Solid Waste Management Officials 

(ASTSWMO), none of the 34 states responding to the survey reported that they had 

given used oil a beneficial use designation as a fuel (ASTSWMO 2007, p.B-38-39). 

States typically regulate used oil practices under federal used oil management 

standards (EPA 2008c).5

 This may include establishing programs to encourage 

appropriate use of used oil. For example, DOE indicates that 24 states have enacted 

purchasing program preferences to stimulate the demand for used oil (DOE 6-3 to 6-

4). 

5. Used Oil Composition and Impacts 

(1) Composition of Used Oil

• 140,000 Btu per gallon6

 (EPA 2008b) 

• A 2003 study by Dominguez-Rosado and Pichtel indicates that used motor oil has 

the following metals concentrations: 

o Zinc: 838 mg/kg 

 5

 As of September 30 2008, 31 states have received federal authorization for the Recycled Used Oil 

Management Standards and an additional 10 states have adopted the Standards. 

6

 The heat input of used oil on a Btu per pound basis depends on the density of the used oil. Assuming a 

density of 7 pounds per gallon (Mississippi DEQ, 2007), the 140,000 Btu per gallon estimates translates to 20,000 

Btu per pound. 
Used Oil 

8

o Lead: 110 mg/kg 

o Cadmium: 9.4 mg/kg 

o Barium: 4,100 mg/kg 

o Chromium: Not detected (Dominguez-Rosada and Pichtel 2003) 

• Used oil often contains approximately 2 to 5 percent additives (DOE 2006, p. 9-

14). Exhibit 5 summarizes the most common of these additives. In addition to 

these additives, used oil may include a number of physical and chemical 

contaminants, including metals, dirt, and solvents (EPA, 2008a). 

Exhibit 5: Common Additives Found in Used Oil 

Purpose of Additive Additives 

Anticorrosion Zinc dithiophosphates, metal phenolates, fatty acids and amines 

Antifoamant Silicone polymers, organic copolymers 

Antiodorant Perfumes, essential oils 

Antioxidant Zinc dithiophosphates, hindered phenols. Aromatic amines, sulphurized phenols 

Antiwear Additive Chlorinated waxes, alkyl phosphites and phosphates, lead napthenate, metal 

triborates, metal and ashless dithiophosphates 

Color Stabilizer Aromatic amine compounds 

Corrosion Inhibitor Metal dithiophosphates, metal dithicarbamates, metal sulfonates, thiadiazoles, and 

sulfurized terpenes 

Detergent Alkyl sulfonates, phosphonates, alkyl phenates, alkyl phenolates, alkyl 

carboxylates, and alkyl substituted salicylates 

Dispersant Alkylsuccinimides, alkylsuccinic esters 

Emulsifier Fatty acids, fatty amides, and fatty alcohols 

Extreme Pressure 

Additives 

Alkyl sulfides, polysulfides, sulfurized fatty oils, alkyl phosphites and phosphates, 

metal and ashless dithiophosphates and carboxylates, metal dithiocarbamates, and 

metal triborates 

Friction Modifier Organic fatty acids. Lard oil. Phosphorous based compounds 

Metal Deactivator Metal Deactivator Organic complexes containing nitrogen and sulfur amines, 

sulphides and phosphates 

Pour point depressant Alkylated naphthalene and phenolic polymers, polymethacrylates 

Rust Inhibitor Metal alkylsulfonates, alkylamines, alkyl amine phosphates, alkenylsuccinic acids, 

fatty acids, alkylphenol ethoxylates, and acid phosphate esters 

Seal Swell Agent Organic Organic phosphates aromatic hydrocarbons 

Tackiness Agent Polyacrylates and polybutenes 

Viscosity Polymers of olefins, methacrylates, di-enes or alkylated styrenes 

Sources:

DOE 2006, Table 9 and EPA 2005a, Appendix C-2.

Exhibits 6 and 7 provide constituent concentration data for off-spec and on-spec used oil as 

provided to EPA in public comments on the proposed rule. 
Used Oil 

9

Exhibit 6: Contaminant Concentrations for Off-Spec Used Oil 

Material 

U.S. 

Study 11

U.S. 

Study 22 Canadian Study3

# Samples 2 24 – 53 4 

Year 2010 2010 2003 - 2010 

Contaminant 

Concentrations 

Total Halogens 

(ppm) 

Minimum 2,700 NR 42.2 

Maximum 6,170 NR 151.0 

Median 4,435 6,642 80.5 

Average 4,435 9,409 88.6 

As (ppm) 

Minimum <1.0 NR 5.1 

Maximum <1.0 NR 6.7 

Median <1.0 <1.0 6.1 

Average <1.0 1.95 6.0 

Cd (ppm) 

Minimum 0.30 NR <0.92 

Maximum 2.60 NR <1 

Median 1.45 0.13 0.97 

Average 1.45 0.69 0.97 

Cr (ppm) 

Minimum <4.0 NR <1.2 

Maximum <4.0 NR 2.2 

Median <4.0 16.0 2.0 

Average <4.0 20.9 2.0 

Pb (ppm) 

Minimum 14 NR <4.6 

Maximum 15 NR 17.0 

Median 15 11.0 5.6 

Average 15 35.2 8.2 

1. URS as referenced in Bodine 2010 

2. URS as referenced in Parker 2010 

3. Bodine 2010 
Used Oil 

10

Exhibit 7: Limited Constituent Concentrations for On-Spec Used Oil Samples 

Source: URS as referenced in Parker 2010 

(2) Impact Information

• Cost Impacts: The cost impact associated with consuming used oil as a fuel 

depends on both the value of the fuel that it displaces and the cost of processing 

used oil. The Department of Energy reports that the market value of used oil is 

approximately 65 to 75 percent of the price of No. 6 fuel oil (DOE 2006, p. 4-4), 

but it is unclear whether this estimate applies to processed or unprocessed used 

oil. At October 2008 fuel prices, the 65 to 75 percent estimate suggests that the 

value of used oil is approximately $1.14 to $1.31 per gallon.7

 In addition, in 

terms of the economic benefit realized by facilities that sell their used oil, a used 

oil recycler in Idaho indicates that the price paid by oil recyclers for unprocessed 

used oil varies depending on the quantity and frequency of sale (Blackburn 2008). 

At current oil prices, used oil recyclers pay between $0.60 and $1.07 per gallon 

for used oil (Blackburn 2008). Used oil marketers must also bear the costs of 

testing to determine whether oil is on-specification or off-specification. The 

results of an EPA survey of used oil marketers indicate an average facility annual 

cost of testing is $3,462 (EPA 1998). According to an industry source, the use of 

used-oil space heaters and boilers versus buying natural gas, fuel oil or propane 

results in national savings of approximately $3,400 to $5,100 per unit (Gingerich 

Clean Burn, Inc. 2010).

• Emissions Impacts of Used Oil as a Fuel: To characterize the potential 

environmental impacts and benefits associated with the use of used oil as an 

alternative fuel, we identified comparative emissions information for used oil and 

 7

 This is based on a price of $1.75 per gallon for No. 6 fuel oil (DOE 2008). 
Used Oil 

11

for the fuels it typically replaces: distillate fuel oil and residual fuel oil. More 

specifically, we obtained information on the emissions associated with the 

combustion of each of these fuels and the emissions associated with cradle-togate processing of the virgin fuel oil, impacts that would be avoided by burning 

used oil as an alternative. Exhibit 8 below summarizes this information. Note 

that this analysis does not include the emissions associated with the preparation of 

used oil for combustion, and may therefore overstate the relative air emissions 

reductions associated with using this alternative fuel. However, the majority of 

the upstream impacts of used oil are the result of the generation of the primary 

product associated with the oil; the processing required to prepare used oil for 

combustion is limited. Additionally, since not all contaminants in used oil cause 

health or environmental risk, maximum concentration limits can be set such that 

used oil burned with concentrations at or below the limits will not create risk. 

These concentration limits define the difference between on-spec and off-spec 

used oil. 

Exhibit 8 shows that the principal benefits of combustion of used oil are 

associated with upstream production offsets and include substantial reductions of 

NOx, CO, and CO2 emissions. In terms of combustion-specific emissions, use of 

used oil results in notably lower NOx emissions, in particular when compared to 

residual fuel oil. On the other hand, particulate matter and lead emissions may be 

substantially higher than virgin fuel oil, depending on the concentrations of those 

compounds in the used oil. 

Note that other uses for used oil may be environmentally preferable to combustion 

(e.g., recovery and reuse as a lubricant) but this analysis examines only 

combustion uses. 
Used Oil 

12

Exhibit 8: Emission Factors for Used Oil and Alternatives 

Pollutant 

Used Oil Distillate Fuel Oil Residual Fuel Oil 

Combustion Combustion 

Combustion 

plus Upstream Combustion 

Combustion 

plus Upstream 

-------------------------------- Lb./MMBtu ---------------------------

Criteria Pollutants 

PM2.5 - - - - - 

PM10 0.162 – 0.190 0.011 0.011 0.093 0.093 

PM, unspecified 0.203 – 0.238 - 0.012 - 0.012 

NOx 0.131 0.173 0.234 0.367 0.428 

VOCs - 0.001 0.363 0.002 0.367 

SOx 0.051 – 1.014 0.209 0.394 1.593 1.781 

CO 0.034 0.036 0.082 0.033 0.079 

Pb 1.79x10-3 – 2.16x10-3 4.60x10-6 5.61x10-6 5.80x10-5 5.90x10-5

Hg - 1.58x10-6 1.77x10-6 8.67x10-6 8.85x10-6

Greenhouse Gases 

CO2 151.7 161.2 180.1 173.3 192.5 

CH4 - 3.7410-4 0.030 0.007 0.036 

N2O - - 2.01x10-5 - 2.07x10-5

MTCO2E/MMBtu 0.069 0.073 0.082 0.079 0.088 

Sources:

Distillate fuel oil and residual fuel oil emissions from Franklin Associates 1998. 

Used oil emissions from EPA 1995, Vermont Agency of Natural Resources 1996, 

and Colorado Department of Public Health and Environment. 

Notes:

“-” signifies data not available; may equal zero. Heating value of used oil assumed to be 145 MMBtu/1000 gal. 

The emission information presented in this table is derived from Life Cycle Inventory (LCI) data, as compiled by 

Franklin Associates. LCI data identifies and quantifies resource inputs, energy requirements, and releases to the 

air, water, and land for each step in the manufacture of a product or process, from the extraction of the raw materials 

to ultimate disposal. The LCI can be used to identify those system components or life cycle steps that are the main 

contributors to environmental burdens such as energy use, solid waste, and atmospheric and waterborne emissions. 

Uncertainty in an LCI is due to the cumulative effects of input uncertainties and data variability. 

There are several life cycle inventory databases available in the U.S. and Europe. For this paper, we applied the 

most readily available LCI database that was most consistent with the materials and uses examined. These LCI data 

rely on system boundaries as defined by Franklin Associates, as described in the documentation for this database, 

available at: http://www.pre.nl/download/manuals/DatabaseManualFranklinUS98.pdf. 
Used Oil 

13

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Used Oil 

14

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