SPECIAL CONSOLIDATED CHECKLIST 

for the 

Recycled Used Oil Management Standards as of June 30, 2002 

Notes: 

1) This checklist consolidates the changes to Federal code addressed by the following Recycled Used 

Oil Management Standards (RUO) checklists through June 30, 2002: 

! Revision Checklist 112 [57 FR 41566 (September 10, 1992)]; 

! Revision Checklist 122 [58 FR 26420 (May 3, 1993) and 58 FR 33341 (June 17, 1993)]; 

! Revision Checklist 130 [59 FR 10550 (March 4, 1994)]; and 

! Revision Checklist 166 [63 FR 24963 (May 6, 1998), 63 FR 37780 (July 14, 1998)]. 

This checklist also includes applicable changes made to the Federal code addressed by the following 

checklists that are not RUO checklists, but which contain revisions to provisions included in the RUO 

program, through June 30, 2002: 

! Revision Checklist 135 [59 FR 38536 (July 28, 1994)]; 

! Revision Checklist 142B [60 FR 25492 (May 11, 1995)]; 

! Revision Checklist 169 [63 FR 42110 (August 6, 1998), 63 FR 54356 (October 9, 1998)]; and 

! Revision Checklist 182 [64 FR 52828 (September 30, 1999), 64 FR 63209 (November 19, 1999)]. 

The October 30, 1995 final rule (60 FR 55202) issued an administrative stay of the regulatory 

provisions set forth in 40 CFR 279.10(b)(2) applicable to mixtures of used oil and characteristic 

hazardous waste. The stay reinstated for these mixtures, the regulatory requirements ordinarily 

applicable to mixtures containing hazardous waste along with other applicable regulatory requirements 

including but not limited to the 40 CFR part 268 land disposal restrictions, until EPA completes a new 

rulemaking addressing 40 CFR 279.10(b)(2). 

On January 19, 1996, this administrative stay was vacated by the U.S. Court of Appeals for the District 

of Columbia. Other litigation is pending relative to this administrative stay. As such, EPA published a 

final rule on June 28, 1996 (61 FR 33691) that clarified the regulatory status of the mixtures of used oil 

and characteristic hazardous wastes in light of the judicial vacatur. Therefore, the October 30, 1995 

rule is not included on this special consolidated checklist. 

2) The preamble to the September 10, 1992 rule (57 FR 41566; Revision Checklist 112) indicated that 

none of the provisions of that rule were being promulgated pursuant to HSWA. Therefore, the Part 279 

regulations would not be enforceable in an authorized State until the State had received authorization 

for Revision Checklist 112. After publication of the September 10, 1992 rule, EPA realized that its 

position, making all provisions of that rule non-HSWA, was arguably inconsistent with statements made 

in the preamble of the November 29, 1985 rule (50 FR 49201; Revision Checklist 19) which 

promulgated Part 266, Subpart E. Those provisions were issued under HSWA authority and are 

recodified in certain portions of Part 279 (specifically, 279.10, 279.11 and portions of 279.1 and 

Subparts G and H of Part 279) by the September 10, 1992 rule. In the May 3, 1993 rule (58 FR 26420; 

Revision Checklist 122), EPA thus redesignated these provisions in Part 279 as HSWA because they 

were originally promulgated under these authorities. These provisions will continue to be enforced by 

EPA until a State becomes authorized for them. States already authorized for the Part 266, Subpart E 

provisions will continue to enforce these provisions until the State becomes authorized for Part 279. 

For this checklist, the HSWA provisions are designated by a "Ë" (diamond symbol).

FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE STATE ANALOG IS: 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 2 of 75 

REFERENCE CITATION 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 

SUBPART B - DEFINITIONS 

DEFINITIONS 

add, in alphabetical order, 

definition of "used oil" 

112 260.10 370.2(b)(213) T 

State definition of “waste 

oil” derived from Article 27, 

Title 3 of the ECL 

N/A N/A 370.2(b)(216) N/A 

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 

SUBPART A - GENERAL 

DEFINITION OF HAZARDOUS WASTE 

used oil containing >1000 

ppm total halogens 

presumed to be hazardous 

waste; presumption may be 

rebutted by demonstrating 

that the used oil does not 

contain hazardous waste; 

example from SW-846; 

where SW-846 may be 

obtained 

112 261.3(a)(2)(v) 371.1(d)(1)(ii)(‘

e’) 

T 

rebuttable presumption 

does not apply to 

metalworking oils/fluids 

containing chlorinated 

paraffins if processed, 

through a tolling agreement, 

to reclaim metal-working 

oils/fluids; presumption 

does apply to metal working 

oils/fluids if such oils/fluids 

are recycled in any other 

manner or disposed 

112 261.3(a)(2)(v)(A) 371.1(d)(1)(ii)(‘

e’)(‘1’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 3 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

rebuttable presumption 

does not apply to used oils 

contaminated with 

chlorofluorocarbons (CFCs) 

removed from refrigeration 

units where the CFCs are 

destined for reclamation; 

rebuttable presumption 

does apply to used oils 

contaminated with CFCs 

that have been mixed with 

used oil from sources other 

than refrigeration units 

112 261.3(a)(2)(v)(B) 371.1(d)(1)(ii)(‘

e’)(‘2’) 

T 

EXCLUSIONS 

i

,

ii 261.4(b)(15) redesignated 

as (b)(13) 

122 261.4(b)(13) 371.1(e)(2)(xi) T 

add paragraph excluding 

from regulation used oil rerefining distillation bottoms 

that are used as feedstock 

to manufacture asphalt 

products 

122 261.4(b)(14) NA Tdn 

, redesignate as 261.4(b)(13) 122 261.4(b)(15) 371.1(e)(2)(xi) T 

SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT 

SMALL QUANTITY GENERATORS 

iii replace "subpart E of part 

266" with "part 279" 

112,122 261.5(j) 371.1(f)(10) T 

REQUIREMENTS FOR RECYCLABLE MATERIALS 

remove 261.6(a)(2)(iii); 

redesignate 261.6(a)(2)(iv) 

and (v) as 261.6(a)(2)(iii) 

and (iv) 

112 261.6(a)(2)(iii) 371.1(g)(1)(ii)(‘

d’) 

T 

261.6(a)(2)(iv) 371.1(g)(1)(ii)(‘

e’) 

T 

iv remove 261.6(a)(3)(iii); 

redesignate 261.6(a)(3)(iv) 

as 261.6(a)(3)(iii) 

112,142B 261.6(a)(3)(ii) 371.1(g)(1)(iii)(

‘b’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 4 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

 redesignate 261.6(a)(3)(v) 

as 261.6(a)(3)(iv) 

112,135, 

142B 

261.6(a)(3)(iii) 371.1(g)(1)(iii)(

>c=) 

T 

redesignate 

261.6(a)(3)(v)(A) as 

261.6(a)(3)(iv)(A); replace 

A266.40(e)@ with A279.11@

112,135, 

142B, 

H166 

261.6(a)(3)(iv)(A) 371.1(g)(1)(iii)(

‘d’)(‘1’) 

T 

redesignate 

261.6(a)(3)(v)(B) as 

261.6(a)(3)(iv)(B); replace 

A266.40(e)@ with A279.11@

112,135, 

142B, 

H166 

261.6(a)(3)(iv)(B) 371.1(g)(1)(iii) 

(‘d’)(‘2’) 

T 

redesignate 

261.6(a)(3)(v)(C) as 

261.6(a)(3)(iv)(C); replace 

A266.40(e)@ with A279.11@

112,135, 

142B, 

H166 

261.6(a)(3)(iv)(C) 371.1(g)(1) 

(iii)(‘d’)(‘3’) 

T 

remove 112,135, 

169 

261.6(a)(3)(v) 371.1(g)(1) 

(iii), deleted 

(‘e’) 

T 

used oil that is recycled and 

is hazardous waste solely 

because it exhibits a 

characteristic is not subject 

to Parts 260-268 but is 

regulated under Part 279; 

definition of used oil that is 

recycled 

112 261.6(a)(4) 371.1(g)(1)(iv) Ta 

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 

STORAGE, AND DISPOSAL FACILITIES 

SUBPART A - GENERAL 

PURPOSE, SCOPE, AND APPLICABILITY 

v change "261.6(a)(2) and 

(3)" to "261.6(a)(2), (3), and 

(4)"; change "that 

requirements of this part" to 

"they"; add "part 279 or" 

before "subparts"; change 

"subparts C, F, G or H" to 

"subparts C, D, F or G" 

(note, this last change 

appears to be an error; see 

Endnote for this checklist) 

122 264.1(g)(2) 373-2.1(a)(6) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 5 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 

SUBPART A - GENERAL 

PURPOSE, SCOPE, AND APPLICABILITY 

change "owner and 

operator" to "owner or 

operator"; change 

"261.6(a)(2) and (3)" to 

"261.6(a)(2), (3), and (4)"; 

change "that requirements 

of this part" to "they"; add 

"part 279 or" before 

"subparts"; change 

"subparts C, F, G or H" to 

"subparts C, D, F or G" 

(note, this last change 

appears to be an error; see 

Endnote for this checklist) 

122 265.1(c)(6) 373-3.1(a)(6) T 

PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND 

SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES 

SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY 

remove and reserve 

Subpart E 

112 266.40-266.44 374-2.7 and 

2.8 

Tb 

SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES 

APPLICABILITY 

vi substitute "part 279 of this 

chapter" for "subpart E of 

part 266 rather than this 

subpart" 

112,182 266.100(c)(1) 374-1.8(a)(2)(i) T 

PART 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL 

SUBPART A - DEFIN 

ITIONS 

DEFINITIONS 

terms defined in sections 

260.10, 261.1 and 280.12 

have same meanings in 

112 279.1 374-2.1(a) Tc 

"aboveground tank" 112 279.1 374-2.1(a)(1) T 

"container" 112 279.1 374-2.1(a)(3) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 6 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

"do-it-yourselfer used oil 

collection center" 

112 279.1 374-2.1(a)(5) T 

"existing tank" 112 279.1 374-2.1(a)(6) T 

"household `do-ityourselfer' used oil" 112 279.1 374-2.1(a)(7) T 

"household `do-ityourselfer' used oil 

generator"

112 279.1 374-2.1(a)(8) T 

"new tank" 112 279.1 374-2.1(a)(9) T 

"petroleum refining facility" 130 279.1 374-2.1(a)(11) T 

"processing" 112 279.1 374-2.1(a)(12) T 

"re-refining distillation 

bottoms" 

112 279.1 374-2.1(a)(13) T 

"tank" 112 279.1 374-2.1(a)(17) T 

Ë "used oil" 112,122 279.1 374-2.1(a)(20) T 

"used oil aggregation point" 112 279.1 374-2.1(a)(21) T 

Ë "used oil burner" 112 279.1 374-2.1(a)(22) T 

"used oil collection center" 112 279.1 374-2.1(a)(23) Tdo 

Ë "used oil fuel marketer" 112 279.1 374-2.1(a)(24) T 

"used oil generator" 112 279.1 374-2.1(a)(25) T 

vii "used oil processor/ 

re-refiner" 

112 279.1 374-2.1(a)(26) Tds 

"used oil transfer facility" 112, 

H130 

279.1 374-2.1(a)(28) Td 

"used oil transporter" 112 279.1 374-2.1(a)(29) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 7 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

SUBPART B - APPLICABILITY 

APPLICABILITY 

section identifies materials 

subject to regulation as 

used oil under Part 279; 

also identifies some 

materials which are not so 

regulated and indicates if 

subject to Parts 260-266, 

268, 270 and 124 

112 279.10 intro 374-2.2(a) Te Te 

EPA presumes used oil is 

to be recycled unless used 

oil handler disposes of it or 

sends it for disposal; except 

as provided in 279.11, used 

oil is subject to regulation 

under Part 279, regardless 

of whether it exhibits a 261 

Subpart C characteristic 

112 279.10(a) 374-2.2(a)(1) T 

mixtures of used oil and 

hazardous waste 

112 279.10(b) intro 374-2.2(a)(2) T 

listed hazardous waste 112 279.10(b)(1) intro 374-2.2(a)(2) 

(i) 

T 

mixtures of used oil and 

hazardous waste listed in 

261 Subpart D subject to 

regulation as hazardous 

waste under Parts 260-266, 

268, 270 and 124 rather 

than as used oil under Part 

279 

112 279.10(b)(1)(i) 374-2.2(a)(2) 

(i)(‘a’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 8 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

used oil containing >1000 

ppm total halogens 

presumed to be hazardous 

waste; presumption may be 

rebutted by demonstrating 

that the used oil does not 

contain hazardous waste; 

example from SW-846; 

where to obtain SW-846 

112,130 279.10(b)(1)(ii) 

intro 

374-2.2(a)(2) 

(i)(‘b’) 

T 

374-2.2(a)(2) 

(i)(‘b’)(‘1’) 

Tf 

rebuttable presumption 

does not apply to 

metalworking oils/fluids 

containing chlorinated 

paraffins if processed to 

reclaim metalworking 

oils/fluids; presumption 

does apply to metalworking 

oils/fluids if such oils/fluids 

are recycled in any other 

manner or disposed 

112 279.10(b)(1)(ii)(A) 374-2.2(a)(2) 

(i)(‘b’)(‘2’) 

T 

rebuttable presumption 

does not apply to used oils 

contaminated with 

chlorofluorocarbons (CFCs) 

removed from refrigeration 

units where the CFCs are 

destined for reclamation; 

presumption does apply to 

used oils contaminated with 

CFCs that have been mixed 

with used oil from sources 

other than refrigeration 

units 

112 279.10(b)(1)(ii)(B) 374-2.2(a)(2) 

(i)(‘b’)(‘3’) 

T 

Ë,

viii mixtures of used oil and 

hazardous waste that solely 

exhibit one or more of the 

261, Subpart C hazardous 

waste characteristics and 

mixtures of used oil and 

hazardous waste that are 

listed in subpart D solely 

because they exhibit one or 

more of the characteristics 

of hazardous waste 

identified in subpart C, are 

subject to: 

112,122 279.10(b)(2) intro 374-2.2(a)(2) 

(ii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 9 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

Ë except as 279.10(b)(2)(iii) 

provides, regulation under 

Parts 260-266, 268, 270 

and 124 if mixture exhibits 

any 261, Subpart C 

hazardous waste 

characteristics 

112 279.10(b)(2)(i) 374-2.2(a)(2) 

(ii)(‘a’) 

T 

Ë if the mixture does not 

exhibit any 261, Subpart C 

hazardous waste 

characteristics, it is 

regulated under Part 279; 

exception 

112,122 279.10(b)(2)(ii) 374-2.2(a)(2) 

(ii)(‘b’) 

T 

Ë mixture is regulated under 

Part 279 if waste mixed 

with oil is hazardous solely 

because it exhibits the 

characteristic of ignitability, 

provided mixture does not 

exhibit the 261.21 

characteristic of ignitability 

112,122,

130 

279.10(b)(2)(iii) 374-2.2(a)(2) 

(ii)(‘c’) 

T 

Ë mixtures of used oil and 

conditionally exempt small 

quantity generator 

hazardous waste regulated 

under 261.5 are subject to 

regulation as used oil under 

Part 279 

112 279.10(b)(3) 374-2.2(a)(2) 

(iii) 

T 

ix materials containing or 

otherwise contaminated 

with used oil 

112,122 279.10(c) intro 374-2.2(a)(3) T 

except as provided in 

279.10(c)(2), materials 

containing or otherwise 

contaminated with used oil 

from which used oil has 

been properly drained or 

removed such that no 

visible signs of free-flowing 

oil remain in or on material: 

122 279.10(c)(1) intro 374-2.2(a)(3)(i) T 

are not used oil; not subject 

to Part 279 

122 279.10(c)(1)(i) 374-

2.2(a)(3)(i)(‘a’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 10 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

subject to Parts 124, 260-

266, 268, and 270 if 

applicable 

122 279.10(c)(1)(ii) 374-

2.2(a)(3)(i)(‘b’) 

T 

materials containing or 

otherwise contaminated 

with used oil that are 

burned for energy recovery 

subject to Part 279 

122 279.10(c)(2) 374-

2.2(a)(3)(ii) 

T 

used oil drained or removed 

from materials containing or 

otherwise contaminated 

with used oil subject to Part 

279 

122 279.10(c)(3) 374-

2.2(a)(3)(iii) 

T 

mixtures of used oil with 

products 

112 279.10(d) intro 374-2.2(a)(4) T 

except as provided in 

279.10(d)(2), mixtures of 

used oil and fuels or other 

fuel products are subject to 

Part 279 

112,122 279.10(d)(1) 374-2.2(a)(4)(i) T 

used oil and diesel fuel 

mixed on-site by the 

generator for use in the 

generator's own vehicles 

not subject to Part 279 after 

mixing; prior to mixing used 

oil is subject to 279, 

Subpart C 

112 279.10(d)(2) 374-

2.2(a)(4)(ii) 

T 

materials derived from used 

oil 

112 279.10(e) intro 374-2.2(a)(5) T 

materials reclaimed from 

used oil that are used 

beneficially and not burned 

for energy recovery or used 

in a manner constituting 

disposal are: 

112 279.10(e)(1) intro 374-2.2(a)(5)(i) T 

not used oil and not subject 

to Part 279 

112 279.10(e)(1)(i) 374-2.2(a)(5) 

(i)(i)(‘a’) 

T 

not solid wastes, and not 

subject to Parts 260-266, 

268, 270 and 124 

112 279.10(e)(1)(ii) 374-

2.2(a)(5)(i)(‘b’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 11 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

materials produced from 

used oil burned for energy 

recovery are subject to Part 

279 

112 279.10(e)(2) 374-

2.2(a)(5)(ii) 

Tg Tg 

except as provided in 

279.10(e)(4), materials 

derived from used oil that 

are disposed of or used in a 

manner constituting 

disposal are: 

112 279.10(e)(3) intro 374-

2.2(a)(5)(iii) 

T 

not used oil and not subject 

to Part 279 

112 279.10(e)(3)(i) 374-

2.2(a)(5)(iii)(‘a’

) 

T 

are solid waste and are 

subject to Parts 260-266, 

268, 270 and 124 if the 

materials are listed or 

identified as hazardous 

waste 

112,122 279.10(e)(3)(ii) 374-

2.2(a)(5)(iii)(‘b’

) 

T 

used oil re-refining 

distillation bottoms used as 

feedstock to manufacture 

asphalt products are not 

subject to this part 

112,122 279.10(e)(4) intro 374-

2.2(a)(5)(iv) 

T 

x removed 112,122 279.10(e)(4)(i)&(ii) NA T 

CWA, Section 402 or 307, 

wastewater contaminated 

with de minimis quantities 

of used oil not subject to 

Part 279; definition of de 

minimis; exception does not 

apply if used oil is 

discarded as result of 

abnormal manufacturing 

operations resulting in 

substantial releases or to 

used oil recovered from 

wastewaters 

112 279.10(f) 374-2.2(a)(6) T 

xi used oil introduced into 

crude oil pipelines or a 

petroleum refining facility 

112,H130 279.10(g) intro 374-2.2(a)(7) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 12 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

H used oil mixed with crude 

oil or natural gas liquids for 

insertion into a crude oil 

pipeline is exempt from the 

Part 279 requirements; 

used oil is subject to Part 

279 requirements prior to 

mixing of used oil with 

crude oil or natural gas 

liquids 

130 279.10(g)(1) 374-2.2(a)(7)(i) T 

H mixtures of used oil and 

crude oil or natural gas 

liquids containing less than 

1% used oil being stored or 

transported to crude oil 

pipeline or petroleum 

refining facility for insertion 

into refining process at a 

point prior to crude 

distillation or catalytic 

cracking are exempt from 

the Part 279 requirements 

130 279.10(g)(2) 374-

2.2(a)(7)(ii) 

T 

H used oil inserted into 

petroleum refining facility 

process before crude 

distillation or catalytic 

cracking without prior 

mixing with crude oil 

exemption is exempt from 

the Part 279 requirements 

provided used oil 

constitutes less than 1% of 

crude oil feed to any 

petroleum facility process 

unit at any time; used oil is 

subject to Part 279 

requirements prior to 

insertion into the petroleum 

refining facility process 

130 279.10(g)(3) 374-

2.2(a)(7)(iii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 13 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

H except as provided in 

279.10(g)(5), used oil 

introduced into petroleum 

refining facility process after 

crude distillation or catalytic 

cracking is exempt from the 

Part 279 requirements only 

if used oil meets 279.11 

specifications; used oil is 

subject to Part 279 

requirements prior to 

insertion into petroleum 

refining facility process 

130 279.10(g)(4) 374-

2.2(a)(7)(iv) 

T 

H used oil incidentally 

captured by hydrocarbon 

recovery system or 

wastewater treatment 

system as part of routine 

process operations at 

petroleum refining facility 

and inserted into the 

petroleum refining facility 

process is exempt from the 

Part 279 requirements; 

exemption does 

not extend to used oil 

intentionally introduced into 

a hydrocarbon recovery 

system 

130 279.10(g)(5) 374-

2.2(a)(7)(v) 

T 

H tank bottoms from stock 

tanks containing exempt 

mixtures of used oil and 

crude oil or natural gas 

liquids are exempt from the 

Part 279 requirements 

130 279.10(g)(6) 374-

2.2(a)(7)(vi) 

T 

used oil produced on 

vessels from normal 

shipboard operations is not 

subject to Part 279 until it is 

transported ashore 

112 279.10(h) 374-2.2(a)(8) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 14 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

,

xii used oil containing PCBs; 

marketers and burners of 

used oil containing 

quantifiable level of PCBs 

subject to 40 CFR 

761.20(e) in addition to Part 

279 

112,122,

H166 

279.10(i) 374-2.2(a)(9) Th 

USED OIL SPECIFICATIONS 

Ë used oil burned for energy 

recovery and fuel produced 

from treatment of used oil is 

subject to Part 279 unless it 

is shown not to exceed 

allowable levels of specific 

constituents and properties 

in Table 1; once used oil no 

longer exceeds 

specifications and there is 

compliance with 279.72, 

279.73 & 279.74(b), then 

not subject to Part 279 

112 279.11 374-2.2(b)(1) T 

374-2.2(b)(1)(i) Tde 

374-2.2(b)(2) T

Ë "Used Oil Not Exceeding 

Any Specification Level Is 

Not Subject to This Part 

When Burned for Energy 

Recovery"; lists 

constituents/properties and 

allowable levels 

112 279.11, Table 1 374-2.2(b)(1), 

Table 1 

Ti 

H,Ë, 

xiii

after Table 1, add note 

regarding applicable 

standards for burning used 

oil containing PCBs 

122 279.11, Table 1, 

note 

374-2.2(b)(1), 

Table 1, 

Footnote 2 

Tj 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 15 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

PROHIBITIONS 

used oil shall not be 

managed in surface 

impoundments or waste 

piles unless those units are 

subject to Parts 264 or 265 

112 279.12(a) 374-2.2(c)(1) Tk 

use of used oil as a dust 

suppressant is prohibited, 

except in States listed in 

279.82(c) 

112 279.12(b) 374-2.2(c)(2) Tl 

off-specification used oil 

fuel may be burned in: 

112 279.12(c) intro 374-2.2(c)(3) T 

industrial furnaces identified 

in 260.10 

112 279.12(c)(1) 374-2.2(c)(3) 

(i) 

T 

specific boilers: 112 279.12(c)(2) intro 374-

2.2(c)(3)(ii) 

T 

industrial boilers on the site 

of a facility engaged in a 

manufacturing process 

where substances are 

transformed into new 

products by mechanical or 

chemical processes 

112 279.12(c)(2)(i) 374-2.2(c)(3) 

(ii)(‘a’) 

T 

utility boilers used to 

produce electric power, 

steam, heated or cooled air, 

or gases or fluids for sale 

112 279.12(c)(2)(ii) 374-

2.2(c)(3)(ii)(‘b’)

T 

used oil-fired space heaters 

if burner meets 279.23 

provisions 

112 279.12(c)(2)(iii) 374-

2.2(c)(3)(ii)(‘c’) 

T 

hazardous waste 

incinerators subject to 

regulation under subpart O 

of 264 or 265 

122 279.12(c)(3) 374-

2.2(c)(3)(iii) 

T 

No federal analog NA 374-2.2(c)(4) Tm 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 16 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

SUBPART C - STANDARDS FOR USED OIL GENERATORS 

APPLICABILITY 

definition of used oil 

generator; 279 Subpart C 

applies to all used oil 

generators except: 

112 279.20(a) intro 374-2.3(a)(1) T 

household "do-it-yourselfer" 

used oil generators 

112 279.20(a)(1) 374-2.3(a)(1)(i) T 

vessels, until the used oil is 

transported ashore; 

definition of co-generators; 

decision as to which party 

will fulfill Part 279 

requirements 

112 279.20(a)(2) 374-

2.3(a)(1)(ii) 

T 

diesel fuel and used oil 

mixed by the used oil 

generator for use in 

generator's own vehicles, 

after mixing; prior to mixing 

the used oil is subject to 

Part 279 

112 279.20(a)(3) 374-

2.3(a)(1)(iii) 

T 

farmers who generate an 

average of <25 gallons per 

month from vehicles or 

machinery used on the farm 

in a calendar year 

112 279.20(a)(4) 374-

2.3(a)(1)(iv) 

Tdr 

used oil generators who 

conduct specific activities 

are subject to the 

requirements of other 

applicable provisions of 

Part 279 

112 279.20(b) intro 374-2.3(a)(2) T 

except under 

279.24(a)&(b), generators 

who transport used oil must 

also comply with Subpart E 

of Part 279 

112 279.20(b)(1) 374-2.3(a)(2)(i) T 

xiv except as provided in 

279.20(b)(2)(ii), generators 

who process or re-refine 

used oil must also comply 

with Subpart F of Part 279 

112,130 279.20(b)(2)(i) 374-

2.3(a)(2)(ii)(‘a’)

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 17 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

generators who perform the 

following activities are not 

processors provided the 

used oil is generators onsite and is not being sent 

off-site to a burner of on- or 

off-specification used oil 

fuel: 

130 279.20(b)(2)(ii) 

intro 

374-

2.3(a)(2)(ii)(‘b’)

T 

filtering, cleaning, or 

otherwise reconditioning 

used oil before returning it 

for reuse by generator 

130 279.20(b)(2)(ii)(A) 374-2.3(a)(2) 

(ii)(‘b’)(‘1’) 

T 

separating used oil from 

wastewater generated onsite to make the wastewater 

acceptable for discharge or 

reuse pursuant to section 

307(b) of CWA or other 

applicable Federal 

regulations governing the 

management or discharge 

of wastewaters 

130 279.20(b)(2)(ii)(B) 374-2.3(a)(2) 

(ii)(‘b’)(‘2’) 

T 

using oil mist collectors to 

remove small droplets of 

used oil from in-plant air to 

make plant air suitable for 

continued recirculation 

130 279.20(b)(2)(ii)(C) 374-2.3(a)(2) 

(ii)(‘b’)(‘3’) 

T 

draining or removing used 

oil from materials 

containing or contaminated 

with used oil in order to 

remove excessive oil 

pursuant to 279.10(c) 

130 279.20(b)(2)(ii)(D) 374-2.3(a)(2) 

(ii)(‘b’)(‘4’) 

T 

filtering, separating or 

reconditioning used oil 

before burning it in a space 

heater pursuant to 279.23 

130 279.20(b)(2)(ii)(E) 374-2.3(a)(2) 

(ii)(‘b’)(‘5’) 

T 

generators who burn offspecification used oil for 

energy recovery, except 

under 279.23, must also 

comply with Subpart G of 

Part 279 

112 279.20(b)(3) 374-

2.3(a)(2)(iii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 18 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

generators who direct 

shipments of offspecification used oil from 

their facility to a used oil 

burner or first claim that 

used oil that is to be burned 

for energy recovery meets 

279.11 specifications must 

also comply with Subpart H 

of Part 279 

112 279.20(b)(4) 374-

2.3(a)(2)(iv) 

T 

generators who dispose of 

used oil must also comply 

with Subpart I of Part 279 

112 279.20(b)(5) 374-

2.3(a)(2)(v) 

Tn 

HAZARDOUS WASTE MIXING 

mixtures of used oil and 

hazardous waste must be 

managed in accordance 

with 279.10(b) 

112,122 279.21(a) 374-2.3(b)(1) T 

the rebuttable presumption 

of 279.10(b)(1)(ii) applies to 

used oil managed by 

generators; used oil 

containing >1,000 ppm total 

halogens is presumed to be 

hazardous and must be 

managed as such; does not 

apply to certain 

metalworking oils/fluids and 

certain used oils removed 

from refrigeration units 

112 279.21(b) 374-2.3(b)(2) T 

USED OIL STORAGE 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 19 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

used oil generators are 

subject to applicable Spill 

Prevention, Control and 

Countermeasures (40 CFR 

Part 112) and Underground 

Storage Tank (40 CFR Part 

280) standards for used oil 

stored in underground 

tanks, whether or not the 

used oil exhibits any 

characteristics of 

hazardous waste, in 

addition to the Part 279, 

Subpart C requirements 

112,122 279.22 intro 374-2.3(c) T 

used oil generators may not 

store used oil in units other 

than tanks, containers, or 

units subject to Parts 264 or 

265 

112 279.22(a) 374-2.3(c)(1) To 

No federal analog NA 374-2.3(c)(2) Tp 

containers and 

aboveground tanks must 

be: 

112 279.22(b) intro 374-2.3(c)(7) T 

in good condition 112 279.22(b)(1) 374-2.3(c)(7)(i) T 

not leaking 112 279.22(b)(2) 374-

2.3(c)(7)(ii) 

T 

labels 112 279.22(c) intro 374-2.3(c)(8) T 

containers and 

aboveground tanks must be 

clearly marked "Used Oil" 

112 279.22(c)(1) 374-2.3(c)(8)(i) Tq 

fill pipes used to transfer 

used oil into underground 

storage tanks must be 

clearly marked "Used Oil" 

112 279.22(c)(2) 374-

2.3(c)(8)(ii) 

Tr 

on detection of a release of 

used oil to the environment 

that is not subject to Part 

280, Subpart F, and which 

has occurred after the 

112,H166 279.22(d) intro 374-

2.3(c)(9)(ii) 

T 

374-2.3(c)(9)(i) Ts 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 20 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

effective date of the 

recycled used oil 

management program in 

effect in the State in which 

the release is located, a 

generator must perform 

these cleanup steps: 

374-

2.3(c)(9)(iii) 

Tt 

xv stop the release 112 279.22(d)(1) 374-

2.3(c)(9)(ii)(‘a’)

T 

contain the released used 

oil 

112 279.22(d)(2) 374-

2.3(c)(9)(ii)(‘b’)

T 

clean up and properly 

manage the released used 

oil and other materials 

112 279.22(d)(3) 374-

2.3(c)(9)(ii)(‘c’) 

T 

repair or replace any 

leaking used oil storage 

containers or tanks prior to 

returning them to service 

112,H166 279.22(d)(4) 374-

2.3(c)(9)(ii)(‘d’) 

T 

ON-SITE BURNING IN SPACE HEATERS 

Ë,

xvi generators may burn used 

oil in used oil-fired space 

heaters if: 

112,122 279.23 intro 374-2.3(d) T 

Ë, the heater burns only used 

oil generated by the 

owner/operator or received 

from household do-ityourself used oil generators 

112,122 279.23(a) 374-2.3(d)(1) T 

Ë, the heater is designed to 

have a maximum capacity 

<0.5 million Btu/hour 

112,122 279.23(b) 374-2.3(d)(2) T 

Ë, the combustion gases are 

vented to the ambient air 

112,122 279.23(c) 374-2.3(d)(3) Tu 

OFF-SITE SHIPMENTS 

except as provided in 

279.24(a)-(c), generators 

must ensure their used oil is 

transported only by 

transporters with EPA ID 

numbers 

112 279.24 intro 374-2.3(e) Tv Tv 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 21 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

generators, without an EPA 

ID number, may transport 

used oil generated at the 

generator's site and used oil 

collected from household 

do-it-yourselfers to a used 

oil collection center if: 

112 279.24(a) intro 374-2.3(e)(1) T 

the generator transports the 

used oil in a vehicle owned 

by the generator or by an 

employee of the generator 

112 279.24(a)(1) 374-2.3(e)(1)(i) T 

<55 gallons is transported 

at any time 

112 279.24(a)(2) 374-

2.3(e)(1)(ii) 

T 

the used oil is transported 

to a used oil collection 

center that is registered, 

licensed, permitted or 

recognized by a 

state/county/-municipal 

government to manage 

used oil 

112 279.24(a)(3) 374-

2.3(e)(1)(iii) 

T 

generators, without an EPA 

ID number, may transport 

used oil generated at the 

generator's site to an 

aggregation point if: 

112 279.24(b) intro 374-2.3(e)(2) T 

the generator transports the 

used oil in a vehicle owned 

by the generator or by an 

employee of the generator 

112 279.24(b)(1) 374-2.3(e)(2)(i) T 

<55 gallons is transported 

at any time 

112 279.24(b)(2) 374-

2.3(e)(2)(ii) 

T 

the generator transports the 

used oil to an aggregation 

point owned and/or 

operated by the same 

generator 

112 279.24(b)(3) 374-

2.3(e)(2)(iii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 22 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

used oil generators may 

arrange for used oil to be 

transported by a transporter 

without an EPA ID number 

if the used oil is reclaimed 

under a contractual 

agreement ("tolling 

arrangement") pursuant to 

which the reclaimed oil is 

returned by the 

processor/re-refiner to the 

generator for use as a 

lubricant, cutting oil or 

coolant; what the tolling 

arrangement must indicate:

112 279.24(c) intro 374-2.3(e)(3) T 

type of used oil and 

frequency of shipments 

112 279.24(c)(1) 374-2.3(e)(3)(i) T 

that the vehicle used to 

transport the used oil to the 

processing/ 

re-refining facility and to 

deliver recycled used oil 

back to the generator is 

owned and operated by the 

used oil processor/re-refiner 

112 279.24(c)(2) 374-

2.3(e)(3)(ii) 

T 

reclaimed oil will be 

returned to the generator 

112 279.24(c)(3) 374-

2.3(e)(3)(iii) 

T 

NA 374-2.3(f) Tw 

SUBPART D - STANDARDS FOR USED OIL COLLECTION CENTERS 

AND AGGREGATION POINTS 

DO-IT-YOURSELFER USED OIL COLLECTION CENTERS 

section applies to 

owners/operators of do-ityourselfer (DIY) used oil 

collection centers; definition 

of DIY used oil collection 

center 

112 279.30(a) 374-2.4(a)(1) T 

owners/operators of DIY 

used oil collection centers 

must comply with the 

generator standards in 

Subpart C of Part 279 

112 279.30(b) 374-2.4(a)(2) Tdp 

USED OIL COLLECTION CENTERS 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 23 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

section applies to 

owners/operators of used 

oil collection centers; 

definition of used oil 

collection center; such 

centers may accept used oil 

from household DIYs 

112 279.31(a) 374-2.4(b)(1) T 

owners/operators must: 112 279.31(b) intro 374-2.4(b)(2) T 

comply with the generator 

standards in Subpart C of 

Part 279 

112 279.31(b)(1) 374-2.4(b)(2)(i) Tx 

be 

registered/licensed/permitte

d/ recognized by a 

state/county/municipal 

government to manage 

used oil 

112 279.31(b)(2) 374-

2.4(b)(2)(ii) 

T 

USED OIL AGGREGATION POINTS OWNED BY THE GENERATOR 

section applies to 

owners/operators of used 

oil aggregation points; 

definition of used oil 

aggregation point; such 

points may accept oil from 

household DIYs 

112 279.32(a) 374-2.4(c)(1) T 

owners/operators must 

comply with the generator 

standards in Subpart C of 

Part 279 

112 279.32(b) 374-2.4(c)(2) Tdp 

SUBPART E - STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES 

APPLICABILITY 

definition of used oil 

transporters; Subpart E of 

Part 279 applies to all used 

oil transporters except: 

112 279.40(a) intro 374-2.5(a)(1) 

360-14.1(b)(7) 

360-14.1(b)(8) 

Ty 

on-site transportation 112 279.40(a)(1) 374-2.5(a)(1)(i) T 

generators who transport 

<55 gallons from the 

generator to a used oil 

collection center

112 279.40(a)(2) 374-

2.5(a)(1)(ii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 24 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

generators who transport 

<55 gallons from the 

generator to a used oil 

aggregation point owned or 

operated by the same 

generator 

112 279.40(a)(3) 374-

2.5(a)(1)(iii) 

T 

those who transport used 

oil from household do-ityourselfers to a regulated 

used oil generator, 

collection center, 

aggregation point, 

processor/ 

re-refiner, or burner subject 

to Part 279; Subpart E of 

Part 279 applies to 

transportation of collected 

household DIY used oil 

from regulated used oil 

generators, collection 

centers, aggregation points, 

or other facilities where 

household DIY used oil is 

collected 

112,122 279.40(a)(4) 374-

2.5(a)(1)(iv) 

T 

No federal analog NA 374-2.5(a)(2) Tz 

transporters who import or 

export used oil are subject 

to Part 279, Subpart E 

whenever the used oil is in 

the United States 

112 279.40(b) 374-2.5(a)(3) T 

used oil transported in a 

truck previously used to 

transport hazardous waste 

must be managed as 

hazardous waste unless the 

truck has been emptied, 

prior to transport, as 

described in 261.7 or the 

waste/oil mixture is 

determined under 279.10(b) 

not to be hazardous waste 

112 279.40(c) 374-2.5(a)(4) T 

specific used oil 

transporters are subject to 

additional provisions of Part 

279 as follows: 

112 279.40(d) intro 374-2.5(a)(5) Taa Taa 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 25 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

transporters who generate 

used oil must also comply 

with Subpart C of Part 279 

112 279.40(d)(1) 374-2.5(a)(5)(i) T 

except as 279.41 provides, 

transporters who process or 

re-refine used oil must also 

comply with Subpart F of 

Part 279 

112 279.40(d)(2) 374-

2.5(a)(5)(ii) 

Tab 

transporters who burn offspecification used oil for 

energy recovery must also 

comply with Subpart G of 

Part 279 

112 279.40(d)(3) 374-

2.5(a)(5)(iii) 

T 

xvii transporters must also 

comply with Subpart H of 

Part 279 if they direct 

shipments of offspecification used oil from 

their facility to a used oil 

burner or first claim that 

used oil that is to be burned 

for energy recovery meets 

used oil fuel specifications 

112,122 279.40(d)(4) 374-

2.5(a)(5)(iv) 

T 

transporters who dispose of 

used oil must also comply 

with Subpart I of Part 279 

112 279.40(d)(5) 374-

2.5(a)(5)(v) 

Tac 

RESTRICTIONS ON TRANSPORTERS WHO ARE NOT ALSO PROCESSORS OR RE-REFINERS 

used oil transporters may 

consolidate or aggregate 

loads of used oil for 

transport; except as 

279.41(b) provides, used oil 

transporters may not 

process used oil unless 

they also comply with the 

requirements for 

processors/re-refiners in 

Subpart F of Part 279 

112 279.41(a) 374-2.5(b)(1) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 26 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

transporters may conduct 

processing operations 

incidental to transport, but 

not designed to produce 

used oil derived products, 

unless the transporter also 

complies with the 

processor/re-refiner 

requirements in Subpart F 

of Part 279 

112 279.41(b) 374-2.5(b)(2) T 

H transporters of used oil 

removed from oil bearing 

electrical transformers and 

turbines and filtered by 

transporter or at a transfer 

facility prior to being 

returned to its original use 

are not subject to the 

processor/re-refiner 

requirements in subpart F 

of Part 279 

130 279.41(c) 374-2.5(b)(3) T 

NOTIFICATION 

xviii used oil transporters who 

have not previously done so 

must comply with RCRA 

'3010 notification 

requirements and obtain an 

EPA ID number 

112,122 279.42(a) 374-2.5(c)(1) T 

a used oil transporter 

without an EPA ID number 

may obtain one by 

submitting either: 

112 279.42(b) intro 374-2.5(c)(2) T 

a completed EPA Form 

8700-12; or 

112,122 279.42(b)(1) 374-2.5(c)(2)(i) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 27 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

a letter requesting an EPA 

ID number; what the letter 

should include 

112 279.42(b)(2) intro 374-

2.5(c)(2)(ii) 

Tad 

279.42(b)(2)(i) 374-

2.5(c)(2)(ii)(‘a’)

T 

279.42(b)(2)(ii) 374-

2.5(c)(2)(ii)(‘b’)

T 

279.42(b)(2)(iii) 374-

2.5(c)(2)(ii)(‘c’) 

T 

279.42(b)(2)(iv) 374-

2.5(c)(2)(ii)(‘d’)

T 

279.42(b)(2)(v) 374-

2.5(c)(2)(ii)(‘e’)

T 

279.42(b)(2)(vi) 374-

2.5(c)(2)(ii)(‘f’) 

T 

279.42(b)(2)(vii) 374-

2.5(c)(2)(ii)(‘g’)

T 

USED OIL TRANSPORTATION 

a used oil transporter must 

deliver all used oil received 

to: 

112 279.43(a) intro 374-2.5(d)(1) T 

another used oil transporter 

with an EPA ID number 

112 279.43(a)(1) 374-2.5(d)(1)(i)

374-

2.5(d)(1)(i)(‘a’) 

Taf 

Tae 

Taf 

a used oil processing/ 

re-refining facility with an 

EPA ID number 

112 279.43(a)(2) 374-

2.5(d)(1)(ii) 

Tag 

an off-specification used oil 

burner facility with an EPA 

ID number 

112 279.43(a)(3) 374-

2.5(d)(1)(iii) 

Tah Tah 

an on-specification used oil 

burner facility 

112 279.43(a)(4) 374-

2.5(d)(1)(iv) 

T 

used oil transporters must 

comply with all applicable 

requirements under DOT 

regulations in 49 CFR 171-

180; persons transporting 

used oil that meets 

definition of hazardous 

material in 49 CFR 171.8 

must comply with all 

applicable regulations in 49 

CFR parts 171-180 

112,122 279.43(b) 374-2.5(d)(2) Tai 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 28 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

used oil discharges 112 279.43(c) intro 374-2.5(d)(3) Taj 

if there is a discharge 

during transport, the 

transporter must 

immediately take 

appropriate action to protect 

human health and the 

environment 

112 279.43(c)(1) 374-2.5(d)(3)(i) Tak 

if an official appropriately 

determines that the used oil 

must be removed 

immediately to protect 

human health and the 

environment and authorizes 

the transport, transporters 

without EPA ID numbers 

may remove used oil 

discharged during transport 

112 279.43(c)(2) 374-

2.5(d)(3)(ii) 

T 

an air, rail, highway or 

water transporter who has 

discharged used oil must: 

112 279.43(c)(3) intro 374-

2.5(d)(3)(iii) 

T 

xix give notice, if required by 

49 CFR 171.15, to the 

National Response Center 

112 279.43(c)(3)(i) 374-

2.5(d)(3)(iii)(‘a’

) 

Tal 

report in writing to the 

Director, Office of 

Hazardous Materials 

Regulations, Materials 

Transportation Bureau, 

Dept. of Transportation 

112 279.43(c)(3)(ii) 374-

2.5(d)(3)(iii)(‘b’

) 

T 

a water transporter who has 

discharged used oil must 

give notice as required by 

33 CFR 153.203 

112 279.43(c)(4) 374-

2.5(d)(3)(iv) 

T 

xx a transporter must clean up 

any used oil discharged 

during transport or take 

action required or approved 

by government officials so 

that the used oil discharge 

no longer presents a hazard 

to human health or the 

environment 

112 279.43(c)(5) 374-

2.5(d)(3)(v) 

Tam 

REBUTTABLE PRESUMPTION FOR USED OIL 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 29 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

xxi used oil transporter must 

determine whether total 

halogen content of used oil 

transported or stored is 

above or below 1000 ppm 

112 279.44(a) 374-2.5(e)(1) T 

transporter must determine 

this by: 

112 279.44(b) intro 374-2.5(e)(1) T 

testing the used oil; or 112 279.44(b)(1) 374-2.5(e)(1)(i) T 

applying knowledge of the 

halogen content of the used 

oil in light of the materials or 

processes used 

112 279.44(b)(2) 374-

2.5(e)(1)(ii) 

Tap 

No federal analog NA 374-2.5(e)(2) Tan 

used oil containing >1000 

ppm total halogens is 

presumed to be hazardous 

waste; presumption may be 

rebutted by demonstrating 

that the used oil does not 

contain hazardous waste; 

SW-846 example; where to 

obtain SW-846 

112,130 279.44(c) intro 374-2.5(e)(3) 

374-2.5(e)(3)(i)

Tdt 

Taq 

rebuttable presumption 

does not apply to 

metalworking oils/fluids 

containing chlorinated 

paraffins if processed, 

through a tolling agreement, 

to reclaim metalworking 

oils/fluids; presumption 

does apply to metalworking 

oils/fluids if such oils/fluids 

are recycled in any other 

manner or disposed 

112 279.44(c)(1) 374-

2.5(e)(3)(ii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 30 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

rebuttable presumption 

does not apply to used oils 

contaminated with 

chlorofluorocarbons (CFCs) 

removed from refrigeration 

units if the CFCs are 

destined for reclamation; 

presumption applies to 

used oils contaminated with 

CFCs that have been mixed 

with used oil from sources 

other than refrigeration 

units

112 279.44(c)(2) 374-

2.5(e)(3)(iii) 

T 

No federal analog NA 374-2.5(e)(4) Tao 

transporter must maintain 

records of analyses or 

information used to comply 

with 279.44(a), (b) & (c) for 

at least 3 years 

112 279.44(d) 374-2.5(e)(5) Tar Tar 

USED OIL STORAGE AT TRANSFER FACILITIES 

used oil transporters are 

also subject to applicable 

Spill Prevention, Control 

and Countermeasures (40 

CFR Part 112); transporters 

are subject to Underground 

Storage Tank (40 CFR Part 

280) standards for used oil 

stored in underground 

tanks, whether or not the 

used oil exhibits any 

characteristics of hazardous 

waste, in addition to the 

requirements of this subpart 

112,122 279.45 intro 374-2.5(f) and 

374-

2.5(f)(3)(i)(‘b’) 

374-2.5(f)(3) 

(i), (ii), and (iii) 

Tas 

Tat 

Tas 

xxii section applies to used oil 

transfer facilities; definition 

of used oil transfer facilities; 

transfer facilities that store 

used oil for more than 35 

days subject to regulation 

under Subpart F of Part 279 

112 279.45(a) 374-2.5(f)(1) Tau 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 31 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

used oil may not be stored 

in units other than tanks, 

containers, or units subject 

to regulation under Part 264 

or 265 

112 279.45(b) 374-2.5(f)(2) Tav 

containers and 

aboveground tanks must 

be: 

112 279.45(c) intro 374-2.5(f)(4) 

374-2.5(f)(3)(i) 

T

Taw 

in good condition 112 279.45(c)(1) 374-2.5(f)(4)(i) T 

not leaking 112 279.45(c)(2) 374-2.5(f)(4)(ii) T 

containers must have 

secondary containment 

system 

112 279.45(d) intro 374-2.5(f)(5) T 

what secondary 

containment system must, 

at a minimum, include 

112 279.45(d)(1) intro 374-2.5(f)(5)(i) T 

279.45(d)(1)(i) 374-

2.5(f)(5)(i)(‘a’) 

T 

112,122 279.45(d)(1)(ii) 374-

2.5(f)(5)(i)(‘b’) 

T 

122 279.45(d)(1)(iii) 374-

2.5(f)(5)(i)(‘c’) 

T 

entire containment system 

must be sufficiently 

impervious to used oil to 

prevent release into system 

from migrating to soil, 

groundwater or surface 

water 

112 279.45(d)(2) 374-2.5(f)(5)(ii) T 

existing aboveground tanks 

must have a secondary 

containment system 

112 279.45(e) intro 374-

2.5(f)(3)(i)(‘a’) 

T 

what the secondary 

containment system must, 

at a minimum, include 

112 279.45(e)(1) intro 374-2.5(f)(3)(i) 

(‘a’)(‘1’) 

T 

279.45(e)(1)(i) 374-2.5(f)(3)(i) 

(‘a’)(‘1')(‘i’) 

T 

279.45(e)(1)(ii) 374-2.5(f)(3)(i) 

(‘a’)(‘1')(‘ii’) 

T 

279.45(e)(1)(iii) 374-2.5(f)(3)(i) 

(‘a’)(‘1')(‘iii’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 32 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

entire containment system 

must prevent used oil 

release into system from 

migrating to soil, 

groundwater or surface 

water 

112 279.45(e)(2) 374-2.5(f)(3)(i) 

(‘a’)(‘2’) 

T 

new aboveground tanks 

storing used oil must have a 

secondary containment 

system 

112 279.45(f) intro 374-

2.5(f)(3)(i)(‘a’) 

T 

what the secondary 

containment system must, 

at a minimum, include 

112 279.45(f)(1) intro 374-2.5(f)(3)(i) 

(‘a’)(‘1’) 

T 

279.45(f)(1)(i) 374-2.5(f)(3)(i) 

(‘a’)(‘1')(‘i’) 

T 

279.45(f)(1)(ii) 374-2.5(f)(3)(i) 

(‘a’)(‘1')(‘ii’) 

T 

279.45(f)(1)(iii) 374-2.5(f)(3)(i) 

(‘a’)(‘1')(‘iii’) 

T 

entire containment system 

must prevent oil release 

into system from migrating 

to soil, groundwater or 

surface water

112 279.45(f)(2) 374-2.5(f)(3)(i) 

(‘a’)(‘2') 

T 

labels 112 279.45(g) intro 374-2.5(f)(6) T 

containers and 

aboveground tanks must be 

clearly marked "Used Oil" 

112 279.45(g)(1) 374-2.5(f)(6)(i) Tax 

fill pipes used to transfer 

used oil into underground 

storage tanks must be 

clearly marked "Used Oil" 

112 279.45(g)(2) 374-2.5(f)(6)(ii) Tay 

on detection of a release of 

used oil to the environment 

that is not subject to 40 

CFR 280, subpart F (UST 

systems), and which has 

occurred after the effective 

date of the recycled used oil 

management program in 

effect in the State in which 

the release is located, the 

owner/operator must 

perform these cleanup 

steps: 

112,H166 279.45(h) intro 374-2.5(f)(7)(ii) T 

374-2.5(f)(7)(i) Ts 

374-

2.5(f)(7)(iii) 

Tt 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 33 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

stop the release 112 279.45(h)(1) 374-

2.5(f)(7)(ii)(‘a’) 

T 

contain the released used 

oil 

112,H166 279.45(h)(2) 374-

2.5(f)(7)(ii)(‘b’) 

T 

clean up and properly 

manage the released used 

oil and other materials 

112 279.45(h)(3) 374-

2.5(f)(7)(ii)(‘c’) 

T 

repair or replace any 

leaking used oil storage 

containers or tanks before 

returning them to service 

112 279.45(h)(4) 374-

2.5(f)(7)(ii)(‘d’) 

T 

No federal analog NA 374-2.5(f)(8) Taz 

TRACKING 

xxiii used oil transporters must 

keep a record of each used 

oil shipment accepted for 

transport; what the records 

must include; exemption 

from signature 

requirements for 

intermediate rail 

transporters 

112 279.46(a) intro 374-2.5(g)(1) 

374-

2.5(g)(1)(vi) 

Tba 

Tbb 

Tba 

Tbb 

279.46(a)(1) 374-2.5(g)(1)(i) T 

279.46(a)(2) 374-

2.5(g)(1)(ii) 

T 

279.46(a)(3) 374-

2.5(g)(1)(iii) 

T 

279.46(a)(4) 374-

2.5(g)(1)(iv) 

T 

112,H130 279.46(a)(5)(i) 374-

2.5(g)(1)(v) 

T 

H130 279.46(a)(5)(ii) 374-

2.5(g)(1)(v) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 34 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

xxiv used oil transporters must 

keep a record of each used 

oil shipment delivered to 

another used oil 

transporter, burner, 

processor/re-refiner, or 

disposal facility; what the 

records must include; 

exemption from signature 

requirements for 

intermediate rail 

transporters 

112 279.46(b) intro 374-2.5(g)(2) 

374-

2.5(g)(2)(vi) 

 Tba 

Tbc 

Tba 

Tbc 

279.46(b)(1) 374-2.5(g)(2)(i) T 

279.46(b)(2) 374-

2.5(g)(2)(ii) 

T 

279.46(b)(3) 374-

2.5(g)(2)(iii) 

T 

279.46(b)(4) 374-

2.5(g)(2)(iv) 

T 

112,H130 279.46(b)(5)(i) 374-

2.5(g)(2)(v) 

T 

H130 279.46(b)(5)(ii) 374-

2.5(g)(2)(v) 

T 

for each shipment exported 

to any foreign country, 

transporters must maintain 

records described in 

279.46(b)(1)-(4) 

112 279.46(c) 374-2.5(g)(3) Tbd 

records described in 

279.46(a), (b) & (c) must be 

maintained for at least 3 

years 

112 279.46(d) 374-2.5(g)(4) 

374-2.5(g)(4)(i)

T

Tbe Tbe 

MANAGEMENT OF RESIDUES 

transporters who generate 

residues must manage the 

residues as specified in 

279.10(e) 

112 279.47 374-2.5(h) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 35 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

SUBPART F - STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS 

APPLICABILITY 

subpart applies to 

owners/operators of 

facilities that process used 

oil; definition of processing 

and specific inclusions; 

exclusions: 

112 279.50(a) intro 374-2.6(a)(1) T 

transporters that conduct 

incidental processing 

operations occurring during 

 normal course of 

transportation as provided 

in 279.41 

112 279.50(a)(1) 374-2.6(a)(1)(i) T 

burners that conduct 

incidental processing 

operations occurring during 

normal course of used oil 

management prior to 

burning as provided in 

279.61(b) 

112 279.50(a)(2) 374-

2.6(a)(1)(ii) 

T 

NA 374-2.6(a)(2) Tbf 

specific processors/ 

re-refiners who are subject 

to additional provisions of 

Part 279: 

112 279.50(b) intro 374-2.6(a)(3) Tbg 

processors/re-refiners who 

generate used oil must also 

comply with Subpart C of 

Part 279 

112 279.50(b)(1) 374-2.6(a)(3)(i) T 

processors/re-refiners who 

transport used oil must also 

comply with Subpart E of 

Part 279 

112 279.50(b)(2) 374-

2.6(a)(3)(ii) 

T 

except as 

279.50(b)(3)(i)&(ii) provide 

otherwise, processors/rerefiners who burn offspecification used oil for 

energy recovery must also 

comply with Subpart G of 

Part 279; exceptions 

112 279.50(b)(3) intro 374-

2.6(a)(3)(iii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 36 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

used oil is burned in an onsite space heater meeting 

279.23 requirements 

112 279.50(b)(3)(i) 374-2.6(a)(3) 

(iii)(‘a’) 

T 

used oil is burned for 

processing used oil, which 

is considered incidental to 

used oil processing 

112 279.50(b)(3)(ii) 374-2.6(a)(3) 

(iii)(‘b’) 

T 

processors/re-refiners who 

direct shipments of offspecification used oil from 

their facility to a used oil 

burner or first claim that 

used oil that is to be burned 

for energy recovery meets 

the used oil fuel 

specifications of 279.11 

must also comply with 

Subpart H of Part 279 

112 279.50(b)(4) 374-2.6(a)(3) 

(iv) 

T 

processors/re-refiners who 

dispose of used oil also 

must comply with Subpart I 

of Part 279 

112 279.50(b)(5) 374-

2.6(a)(3)(v) 

Tbh 

NOTIFICATION 

processors/re-refiners who 

have not yet done so must 

comply with RCRA '3010 

notification requirements 

and obtain an EPA ID 

number 

112, 122 279.51(a) 374-2.6(b)(1) T 

a processor/re-refiner 

without an EPA ID number 

may obtain one by 

submitting either: 

112 279.51(b) intro 374-2.6(b)(2) Tbi 

a completed EPA Form 

8700-12; or 

112 279.51(b)(1) 374-2.6(b)(2)(i) T 

a letter requesting an EPA 

ID number; what the letter 

should include 

112 279.51(b)(2) intro 374-

2.6(b)(2)(ii) 

T 

279.51(b)(2)(i) 374-

2.6(b)(2)(ii)(‘a’)

T 

279.51(b)(2)(ii) 374-

2.6(b)(2)(ii)(‘b’)

T 

279.51(b)(2)(iii) 374-

2.6(b)(2)(ii)(‘c’)

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 37 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

279.51(b)(2)(iv) 374-

2.6(b)(2)(ii)(‘d’)

T 

279.51(b)(2)(v) 374-

2.6(b)(2)(ii)(‘e’)

T 

279.51(b)(2)(vi) 374-

2.6(b)(2)(ii)(‘f’) 

T 

GENERAL FACILITY STANDARDS 

xxv owners/operators of used 

oil processing and rerefining facilities must 

comply with the following 

preparedness and 

prevention requirements: 

112 279.52(a) intro 374-2.6(c)(1) Tbj 

facilities must be 

maintained and operated to 

minimize the possibility of 

fire, explosion, or any 

unplanned release of used 

oil to air, soil or surface 

water which could threaten 

human health or the 

environment 

112 279.52(a)(1) 374-2.6(c)(1)(i) T 

unless none of the hazards 

posed by the used oil 

handled at the facility could 

require the equipment 

specified in 279.52(a)(2)(i)-

(iv), all facilities must be 

equipped with the following: 

112 279.52(a)(2) intro 374-

2.6(c)(1)(ii) 

T 

internal communications or 

alarm system capable of 

providing immediate 

emergency instruction to 

facility personnel 

112 279.52(a)(2)(i) 374-

2.6(c)(1)(ii)(‘a’)

T 

device capable of 

summoning emergency 

assistance 

112 279.52(a)(2)(ii) 374-

2.6(c)(1)(ii)(‘b’)

T 

portable fire extinguishers, 

fire control equipment, spill 

control equipment and 

decontamination 

equipment, and 

112 279.52(a)(2)(iii) 374-

2.6(c)(1)(ii)(‘c’) 

Tbk 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 38 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

water at adequate volume 

and pressure to supply 

water hose streams or foam 

producing equipment or 

automatic sprinklers or 

water spray systems 

112 279.52(a)(2)(iv) 374-

2.6(c)(1)(ii)(‘d’)

T 

all communications or alarm 

systems, fire protection 

equipment, spill control 

equipment and 

decontamination equipment 

must be tested and 

maintained to assure proper 

operation in time of 

emergency 

112 279.52(a)(3) 374-

2.6(c)(1)(iii) 

T 

access to communications 

or alarm system 

112 279.52(a)(4) intro 374-

2.6(c)(1)(iv) 

T 

all personnel involved in 

any handling operation 

must have immediate 

access to an internal alarm 

or emergency 

communication device, 

unless device not required 

in 279.52(a)(2) 

112 279.52(a)(4)(i) 374-

2.6(c)(1)(iv)(‘a’)

T 

if only one employee is 

present while the facility is 

operating, the employee 

must have immediate 

access to a device capable 

of summoning external 

emergency assistance, 

unless not required in 

279.52(a)(2) 

112 279.52(a)(4)(ii) 374-

2.6(c)(1)(iv)(‘b’)

Tbl 

owner/operator must 

maintain aisle space to 

allow unobstructed 

movement of personnel and 

emergency equipment to 

any area of facility 

operation in an emergency, 

unless aisle space not 

needed for these purposes 

112 279.52(a)(5) 374-

2.6(c)(1)(v) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 39 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

as appropriate, 

owner/operator must 

attempt to make 

arrangements with local 

authorities 

112 279.52(a)(6)(i) 

intro 

374-

2.6(c)(1)(vi)(‘a’)

T 

arrangements to familiarize 

police, fire departments, 

and emergency response 

teams with the facility's 

layout, properties of used 

oil handled at the facility 

and associated hazards, 

places where facility 

personnel would normally 

be working, entrances to 

roads inside the facility, and 

possible evacuation routes 

112 279.52(a)(6)(i)(A) 374-

2.6(c)(1)(vi)(‘a’)

(‘1’) 

T 

if more than one police and 

fire department might 

respond, agreements 

designating primary 

emergency authority to a 

specific police and a 

specific fire department, 

and agreements with others 

to provide support 

112 279.52(a)(6)(i)(B) 374-2.6(c)(1) 

(vi)(‘a’)(‘2'’ 

T 

agreements with State 

emergency response 

teams, emergency 

response contractors, and 

equipment suppliers 

112 279.52(a)(6)(i)(C) 374-2.6(c)(1) 

(vi)(‘a’)(‘3’) 

T 

arrangements to familiarize 

local hospitals with the 

properties of used oil 

handled at the facility and 

the types of injuries or 

illnesses that could result 

from fires, explosions, or 

releases 

112 279.52(a)(6)(i)(D) 374-2.6(c)(1) 

(vi)(‘a’)(‘4’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 40 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

if State or local authorities 

decline to enter into such 

arrangements, 

owner/operator must 

document the refusal in the 

operating record 

112 279.52(a)(6)(ii) 374-2.6(c)(1) 

(vi)(‘b’) 

T 

owners/operators of used 

oil processing and rerefining facilities must 

comply with the following 

contingency plan and 

emergency procedure 

requirements 

112 279.52(b) intro 374-2.6(c)(2) Tbm 

purpose and 

implementation of 

contingency plan 

112 279.52(b)(1) intro 374-2.6(c)(2)(i) T 

contingency plan required; 

plan must be designed to 

minimize hazards to human 

health or the environment 

from fire, explosion or any 

unplanned release to air, 

soil, or surface water 

112 279.52(b)(1)(i) 374-

2.6(c)(2)(i)(‘a’) 

T 

xxvi provisions of plan must be 

carried out immediately 

whenever fire, explosion or 

release of used oil could 

threaten human health or 

the environment 

112 279.52(b)(1)(ii) 374-

2.6(c)(2)(i)(‘b’) 

Tbn 

content of contingency plan 112 279.52(b)(2) intro 374-

2.6(c)(2)(ii) 

T 

what the contingency plan 

must describe 

112 279.52(b)(2)(i) 374-

2.6(c)(2)(ii)(‘a’)

Tbo 

if already prepared a Part 

112 SPCC Plan, or other 

plan, owner/operator may 

amend existing plan to 

meet requirements of Part 

279

112 279.52(b)(2)(ii) 374-

2.6(c)(2)(ii)(‘b’)

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 41 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

plan must describe 

arrangements agreed to by 

local police departments, 

fire departments, hospitals, 

contractors, and State and 

local emergency response 

teams to coordinate 

279.52(a)(6) emergency 

services 

112 279.52(b)(2)(iii) 374-

2.6(c)(2)(ii)(‘c’) 

T 

plan must list names, 

addresses and phone 

numbers for primary 

emergency coordinator and 

others qualified to act as 

emergency coordinator in 

specified order; list must be 

kept up to date 

112 279.52(b)(2)(iv) 374-

2.6(c)(2)(ii)(‘d’)

T 

plan must include a list of 

required emergency 

equipment at the facility and 

location, physical 

description and brief outline 

of capabilities of each item; 

list must be kept up to date 

112 279.52(b)(2)(v) 374-

2.6(c)(2)(ii)(‘e’)

T 

plan must include 

evacuation plan if possibly 

necessary; evacuation plan 

must describe signal(s) to 

begin evacuation, 

evacuation routes and 

alternative routes 

112 279.52(b)(2)(vi) 374-

2.6(c)(2)(ii)(‘f’) 

Tbp 

contingency plan copy and 

all revisions must be: 

112 279.52(b)(3) intro 374-

2.6(c)(2)(iii) 

T 

maintained at the facility 112 279.52(b)(3)(i) 374-

2.6(c)(2)(iii)(‘a’)

T 

submitted to all local police 

departments, fire 

departments, hospitals, and 

State and local emergency 

response teams that may 

be called upon to provide 

emergency services 

112 279.52(b)(3)(ii) 374-2.6(c)(2) 

(iii)(‘b’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 42 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

contingency plan must be 

reviewed and amended 

whenever: 

112 279.52(b)(4) intro 374-

2.6(c)(2)(iv) 

T 

applicable regulations are 

revised 

112 279.52(b)(4)(i) 374-

2.6(c)(2)(iv)(‘a’)

T 

the plan fails in an 

emergency 

112 279.52(b)(4)(ii) 374-

2.6(c)(2)(iv)(‘b’)

T 

the facility changes in any 

way that materially 

increases the potential for 

fires, explosions, or 

releases of used oil, or 

changes the response 

necessary in an emergency 

112 279.52(b)(4)(iii) 374-

2.6(c)(2)(iv)(‘c’)

T 

the list of emergency 

coordinators changes 

112 279.52(b)(4)(iv) 374-

2.6(c)(2)(iv)(‘d’)

T 

the list of emergency 

equipment changes 

112 279.52(b)(4)(v) 374-

2.6(c)(2)(iv)(‘e’)

T 

at all times, at least one 

employee responsible for 

coordinating all emergency 

response measures must 

be at the facility or on call; 

knowledge and authority 

the emergency coordinator 

must have; guidance 

responsibilities spelled out 

in 279.52(b)(6) 

112 279.52(b)(5) 374-

2.6(c)(2)(v) 

T 

emergency procedures 112 279.52(b)(6) intro 374-

2.6(c)(2)(vi) 

T 

if there is an imminent or 

actual emergency, the 

emergency coordinator or 

designee must immediately: 

112 279.52(b)(6)(i) 

intro 

374-

2.6(c)(2)(vi)(‘a’)

T 

activate internal facility 

alarms or communication 

systems 

112 279.52(b)(6)(i)(A) 374-2.6(c)(2) 

(vi)(‘a’)(‘1’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 43 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

notify State or local 

agencies with designated 

response roles if needed 

112 279.52(b)(6)(i)(B) 374-2.6(c)(2) 

(vi)(‘a’)(‘2’) 

T 

emergency coordinator 

must immediately identify 

the character, exact source, 

amount, and real extent of 

any released materials; how 

the coordinator may do this 

112 279.52(b)(6)(ii) 374-2.6(c)(2) 

(vi)(‘b’) 

T 

concurrently, the 

emergency coordinator 

must assess possible 

hazards to human health or 

the environment; what the 

assessment must consider 

112 279.52(b)(6)(iii) 374-2.6(c)(2) 

(vi)(‘c’) 

T 

if release, fire, or explosion 

could threaten human 

health or the environment, 

emergency coordinator 

must report findings 

112 279.52(b)(6)(iv) 

intro 

374-2.6(c)(2) 

(vi)(‘d’) 

T 

if evacuation may be 

advisable, emergency 

coordinator must 

immediately notify local 

authorities and be available 

to help them decide 

whether to evacuate local 

areas 

112 279.52(b)(6)(iv)(A) 374-2.6(c)(2) 

(vi)(‘d’)(‘1') 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 44 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

emergency coordinator 

must immediately notify 

either the government 

official designated on-scene 

coordinator or the National 

Response Center; what the 

report must include 

112 279.52(b)(6)(iv)(B) 

intro 

374-2.6(c)(2) 

(vi)(‘d’)(‘2') 

Tbq 

279.52(b)(6)(iv)(B)

(1) 

374-2.6(c)(2) 

(vi)(‘d’)(‘2')(‘i’) 

T 

279.52(b)(6)(iv)(B)

(2) 

374-2.6(c)(2) 

(vi)(‘d’)(‘2')(‘ii’) 

T 

279.52(b)(6)(iv)(B)

(3) 

374-2.6(c)(2) 

(vi)(‘d’)(‘2’)(‘iii’) 

T 

279.52(b)(6)(iv)(B)

(4) 

374-2.6(c)(2) 

(vi)(‘d’)(‘2')(‘iv’) 

T 

279.52(b)(6)(iv)(B)

(5) 

374-2.6(c)(2) 

(vi)(‘d’)(‘2')(‘v’) 

T 

279.52(b)(6)(iv)(B)

(6) 

374-2.6(c)(2) 

(vi)(‘d’)(‘2')(‘vi’) 

T 

emergency coordinator 

must take all reasonable 

measures to ensure that 

fires, explosions and 

releases do not occur, 

recur, or spread; what 

measures must include 

112 279.52(b)(6)(v) 374-2.6(c)(2) 

(vi)(‘e’) 

T 

emergency coordinator 

must monitor for leaks, 

pressure buildup, gas 

generation, or ruptures if 

the facility stops operation 

because of a fire, explosion 

or release 

112 279.52(b)(6)(vi) 374-2.6(c)(2) 

(vi)(‘f’) 

T 

emergency coordinator 

must provide for recycling, 

storing or disposing of any 

material that results from a 

release, fire or explosion 

immediately after that event 

112 279.52(b)(6)(vii) 374-2.6(c)(2) 

(vi)(‘g’) 

T 

emergency coordinator 

must ensure that: 

112 279.52(b)(6)(viii) 

intro 

374-

2.6(c)(2)(vi)(‘h’)

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 45 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

no waste or used oil that 

may be incompatible with 

the released material is 

recycled, treated, stored or 

disposed of until cleanup 

procedures are completed 

112 279.52(b)(6)(viii)(A

) 

374-2.6(c)(2) 

(vi)(‘h’)(‘1’) 

T 

before operations resume, 

all emergency equipment is 

cleaned and fit for intended 

use 

112 279.52(b)(6)(viii)(B

) 

374-2.6(c)(2) 

(vi)(‘h’)(‘2’) 

T 

before operations resume, 

owner/operator must notify 

Regional Administrator and 

State and local officials that 

facility complies with 

279.52(a) 

112,122 279.52(b)(6)(viii)(C

) 

374-2.6(c)(2) 

(vi)(‘h’)(‘3’) 

T 

owner/operator must note in 

the operating record the 

time, date and details of 

any incident that requires 

implementing the 

contingency plan; must 

submit written report to 

Regional Administrator 

within 15 days; what the 

report must include 

112 279.52(b)(6)(ix) 

intro 

374-2.6(c)(2) 

(vi)(‘i’) 

Tbr 

279.52(b)(6)(ix)(A) 374-2.6(c)(2) 

(vi)(‘i’)(‘1’) 

T 

279.52(b)(6)(ix)(B) 374-2.6(c)(2) 

(vi)(‘i’)(‘2’) 

T 

279.52(b)(6)(ix)(C) 374-2.6(c)(2) 

(vi)(‘i’)(‘3’) 

T 

279.52(b)(6)(ix)(D) 374-2.6(c)(2) 

(vi)(‘i’)(‘4’) 

T 

279.52(b)(6)(ix)(E) 374-2.6(c)(2) 

(vi)(‘i’)(‘5’) 

T 

279.52(b)(6)(ix)(F) 374-2.6(c)(2) 

(vi)(‘i’)(‘6’) 

T 

279.52(b)(6)(ix)(G) 374-2.6(c)(2) 

(vi)(‘i’)(‘7’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 46 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

REBUTTABLE PRESUMPTION FOR USED OIL 

owner/operator of a 

processing/re-refining 

facility must determine 

whether the total halogen 

content of used oil 

managed at the facility 

exceeds or is less than 

1,000 ppm 

112 279.53(a) 374-2.6(d)(1) 

374-2.6(d)(1)(i)

Tbs 

Tbt 

how the owner/operator 

must make this 

determination 

112 279.53(b) intro 374-2.6(d)(1) Tbu 

279.53(b)(1) 374-2.6(d)(1) Tbs 

279.53(b)(2) NA Tbv 

if the used oil contains 

>1,000 ppm total halogens, 

it is presumed to be a 

hazardous waste; how the 

owner/operator may rebut 

the presumption; SW-846 

example; where to obtain 

SW-846 

112,130 279.53(c) intro 374-2.6(d)(2) 

374-2.6(d)(2)(i)

Tdt 

Tbw 

rebuttable presumption 

does not apply to 

metalworking oils/fluids 

containing chlorinated 

paraffins if processed, 

through a tolling agreement, 

to reclaim metalworking 

oils/fluids; presumption 

does apply to metalworking 

oils/fluids if such oils/fluids 

are recycled in any other 

manner, or disposed 

112 279.53(c)(1) 374-

2.6(d)(2)(ii) 

T 

rebuttable presumption 

does not apply to used oils 

contaminated with 

chlorofluorocarbons (CFCs) 

removed from refrigeration 

units if the CFCs are 

destined for reclamation; 

presumption does apply to 

CFC-contaminated used 

oils mixed with used oil 

from sources other than 

refrigeration units 

112 279.53(c)(2) 374-

2.6(d)(2)(iii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 47 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

No federal analog NA 374-2.6(d)(3) Tbx 

No federal analog NA 374-2.6(d)(4) Tby 

USED OIL MANAGEMENT 

used oil processors/ 

re-refiners are also subject 

to applicable Spill 

Prevention, Control and 

Countermeasures (40 CFR 

Part 112) and Underground 

Storage Tank (40 CFR Part 

280) standards for used oil 

stored in underground tanks 

whether or not the used oil 

exhibits any characteristics 

of a hazardous waste, in 

addition to the Part 279, 

Subpart F, requirements 

112,122 279.54 intro 374-2.6(e) Tbz 

374-

2.6(e)(2)(i)(‘b’) 

Tca 

374-

2.6(e)(7)(iii) 

Tcb 

processors/re-refiners may 

not store used oil in units 

other than tanks, 

containers, or units subject 

to regulation under Part 264 

or 265 

112,122 279.54(a) 374-2.6(e)(1), 

(i), and (ii) 

Tcc 

No federal analog NA 374-2.6(e)(2) 

(i), (ii), & (iii) 

Tat 

containers and 

aboveground tanks must 

be: 

112 279.54(b) intro 374-2.6(e)(3) T 

in good condition 112 279.54(b)(1) 374-2.6(e)(3)(i) T 

not leaking 112 279.54(b)(2) 374-

2.6(e)(3)(ii) 

T 

containers must have a 

secondary containment 

system 

112 279.54(c) intro 374-2.6(e)(4) T 

what the secondary 

containment system must, 

at a minimum, include 

112 279.54(c)(1) intro 374-2.6(e)(4)(i) T 

279.54(c)(1)(i) 374-

2.6(e)(4)(i)(‘a’) 

T 

112,122 279.54(c)(1)(ii) 374-

2.6(e)(4)(i)(‘b’) 

T 

122 279.54(c)(1)(iii) 374-

2.6(e)(4)(i)(‘c’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 48 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

entire containment system 

must prevent used oil 

released into the system 

from migrating out of the 

system into soil, 

groundwater or surface 

water 

112 279.54(c)(2) 374-

2.6(e)(4)(ii) 

T 

existing aboveground tanks 

used to store or process 

used oil must have a 

secondary containment 

system 

112 279.54(d) intro 374-

2.6(e)(2)(i)(‘a’) 

T 

what the secondary 

containment system must, 

at a minimum, include 

112 279.54(d)(1) intro 374-2.6(e)(2) 

(i)(‘a’)(‘1’) 

T 

279.54(d)(1)(i) 374-2.6(e)(2) 

(i)(‘a’)(‘1')(‘i’) 

T 

279.54(d)(1)(ii) 374-2.6(e)(2) 

(i)(‘a’)(‘1')(‘ii’) 

T 

279.54(d)(1)(iii) 374-2.6(e)(2) 

(i)(‘a’)(‘1')(‘iii’) 

T 

entire containment system 

must prevent used oil 

released into the system 

from migrating out of the 

system into soil, 

groundwater or surface 

water 

112 279.54(d)(2) 374-2.6(e)(2) 

(i)(‘a’)(‘2') 

T 

new aboveground tanks 

used to store or process 

used oil must be equipped 

with a secondary 

containment system 

112 279.54(e) intro 374-

2.6(e)(2)(i)(‘a’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 49 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

what the secondary 

containment system must, 

at a minimum, include 

112 279.54(e)(1) intro 374-2.6(e)(2) 

(i)(‘a’)(‘1’) 

T 

279.54(e)(1)(i) 374-2.6(e)(2) 

(i)(‘a’)(‘1')(‘i’) 

T 

279.54(e)(1)(ii) 374-2.6(e)(2) 

(i)(‘a’)(‘1')(‘ii’) 

T 

279.54(e)(1)(iii) 374-2.6(e)(2) 

(i)(‘a’)(‘1')(‘iii’) 

T 

entire containment system 

must prevent used oil 

released into the system 

from migrating out of the 

system into soil, 

groundwater or surface 

water 

112 279.54(e)(2) 374-2.6(e)(2) 

(i)(‘a’)(‘2’) 

T 

labels 112 279.54(f) intro 374-2.6(e)(5) T 

containers and 

aboveground tanks must be 

clearly marked "Used Oil" 

112 279.54(f)(1) 374-2.6(e)(5)(i) Tax 

fill pipes used to transfer 

used oil into underground 

storage tanks must be 

clearly marked "Used Oil" 

112 279.54(f)(2) 374-

2.6(e)(5)(ii) 

Tay 

on detection of a release of 

used oil to the environment 

that is not subject to 40 

CFR 280 subpart F and 

which has occurred after 

the effective date of the 

recycled used oil 

management program in 

effect in the State in which 

the release is located, the 

owner/operator must 

perform these cleanup 

steps: 

112,H166 279.54(g) intro 374-

2.6(e)(6)(ii) 

T

374-2.6(e)(6)(i) Ts 

374-

2.6(e)(6)(iii) 

Tt 

stop the release 112 279.54(g)(1) 374-

2.6(e)(6)(ii)(‘a’)

T 

contain the released used 

oil 

112 279.54(g)(2) 374-

2.6(e)(6)(ii)(‘b’)

T 

clean up and properly 

manage released used oil 

and other materials 

112,H166 279.54(g)(3) 374-

2.6(e)(6)(ii)(‘c’)

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 50 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

repair or replace leaking 

storage containers or tanks 

before returning them to 

service 

112 279.54(g)(4) 374-

2.6(e)(6)(ii)(‘d’)

T 

closure 112 279.54(h) intro 374-2.6(e)(7) T 

at closure, 

owners/operators who store 

or process used oil in 

aboveground tanks must 

comply with these 

requirements 

112 279.54(h)(1) intro 374-2.6(e)(7)(i) Tcd 

owner/operator must 

remove or decontaminate 

used oil residues in tanks, 

contaminated containment 

system components, 

contaminated soils, and 

structures and equipment 

contaminated with used oil 

and manage them as 

hazardous waste; exception 

112 279.54(h)(1)(i) 374-

2.6(e)(7)(i)(‘a’) 

Tce 

if owner/operator 

demonstrates that not all 

contaminated soils can be 

removed or 

decontaminated, closure 

and post-closure care as for 

a hazardous waste landfill 

112 279.54(h)(1)(ii) 374-

2.6(e)(7)(i)(‘b’) 

T 

at closure, 

owners/operators who store 

used oil in containers must 

comply with these 

requirements 

112 279.54(h)(2) intro 374-

2.6(e)(7)(ii) 

Tcf 

containers of used oils or 

used oil residues must be 

removed from the site 

112 279.54(h)(2)(i) 374-

2.6(e)(7)(ii)(‘a’)

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 51 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

owner/operator must 

remove or decontaminate 

used oil residues, 

contaminated containment 

system components, 

contaminated soils, and 

structures and equipment 

contaminated with used oil 

and manage them as 

hazardous waste; exception 

112 279.54(h)(2)(ii) 374-

2.6(e)(7)(ii)(‘b’)

T 

ANALYSIS PLAN 

owners/operators of used 

oil processing and rerefining facilities must 

develop and follow a written 

analysis plan describing 

procedures to be used to 

comply with analysis 

requirements of 279.53 and 

279.72; plan must be kept 

at the facility 

112 279.55 intro 374-2.6(f) Tcg 

for 279.53, what the plan 

must specify, at a minimum: 

112 279.55(a) intro 374-2.6(f)(1) Tch 

whether sample analyses or 

knowledge of the halogen 

content will be used 

112 279.55(a)(1) NA Tch 

if sample analyses are to be 

used: 

112 279.55(a)(2) intro NA Tch 

methods to be used to 

obtain representative 

samples 

112 279.55(a)(2)(i) intro 374-2.6(f)(1)(i) T 

279.55(a)(2)(i)(A) 374-

2.6(f)(1)(i)(‘a’) 

T 

279.55(a)(2)(i)(B) 374-

2.6(f)(1)(i)(‘b’) 

T 

frequency of sampling and 

whether analysis will be 

performed on-site or off-site 

112 279.55(a)(2)(ii) 374-

2.6(f)(1)(ii) 

T 

methods used to analyze 

for 279.53 parameters 

112 279.55(a)(2)(iii) 374-

2.6(f)(1)(iii) 

T 

type of information that will 

be used to determine 

halogen content of the used 

oil 

112 279.55(a)(3) NA Tch 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 52 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

if 279.72 on-specification 

used oil fuel requirements 

apply, at a minimum the 

plan must specify: 

112 279.55(b) intro 374-2.6(f)(2) 

374-2.6(f)(2)(i)

T

Tci 

whether sample analyses or 

other information will be 

used to make this 

determination 

112 279.55(b)(1) 374-

2.6(f)(2)(ii) 

T 

if sample analyses are 

used: 

112 279.55(b)(2) intro 374-

2.6(f)(2)(iii) 

T 

methods to be used to 

obtain representative 

samples 

112 279.55(b)(2)(i) intro 374-

2.6(f)(2)(iii)(‘a’

) 

T 

279.55(b)(2)(i)(A) 374-

2.6(f)(2)(iii) 

(‘a’)(‘1’) 

T 

279.55(b)(2)(i)(B) 374-2.6(f)(2) 

(iii)(‘a’)(‘2’) 

T 

whether used oil will be 

sampled and analyzed 

before or after 

processing/re-refining 

112 279.55(b)(2)(ii) 374-2.6(f)(2) 

(iii)(‘b’) 

T 

frequency of sampling and 

whether analysis will be 

performed on-site or off-site 

112 279.55(b)(2)(iii) 374-2.6(f)(2) 

(iii)(‘c’) 

T 

methods used to analyze 

used oil for 279.72 

parameters 

112 279.55(b)(2)(iv) 374-2.6(f)(2) 

(iii)(‘d’) 

T 

type of information that will 

be used to make the onspecification used oil fuel 

determination 

112 279.55(b)(3) 374-

2.6(f)(2)(iv) 

T 

No federal analog NA 374-

2.6(f)(2)(v) 

Tcj 

No federal analog NA 374-2.6(f)(3), 

(i), (ii), & (iii) 

Tck 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 53 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

TRACKING 

processors/re-refiners must 

keep a record of each used 

oil shipment accepted for 

processing/re-refining; 

forms records may take; 

what the records must 

include for each shipment: 

112 279.56(a) intro 374-2.6(g)(1) Tcl Tcl 

name and address of 

transporter who delivered 

the used oil to the 

processor/re-refiner 

112 279.56(a)(1) 374-2.6(g)(1) 

(i) 

T 

name and address of 

generator or processor/rerefiner from whom the used 

oil was sent 

112 279.56(a)(2) 374-2.6(g)(1) 

(ii) 

T 

EPA ID number of 

transporter 

112 279.56(a)(3) 374-

2.6(g)(1)(iii) 

T 

EPA ID number of 

generator or processor/rerefiner 

112 279.56(a)(4) 374-

2.6(g)(1)(iv) 

T 

quantity of used oil 

accepted 

112 279.56(a)(5) 374-

2.6(g)(1)(v) 

T 

No federal analog NA 374-

2.6(g)(1)(vi) 

Tcm 

date of acceptance 112 279.56(a)(6) 374-

2.6(g)(1)(vii) 

T 

processors/re-refiners must 

keep record of each 

shipment shipped to a used 

oil burner, processor/rerefiner, or disposal facility; 

forms record may take; 

what the records must 

include for each shipment: 

112 279.56(b) intro 374-2.6(g)(2) Tcn 

name and address of 

transporter who delivers the 

used oil to the burner, 

processor/re-refiner or 

disposal facility 

112 279.56(b)(1) 374-

2.6(g)(2)(i) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 54 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

name and address of 

burner, processor/ 

re-refiner or disposal facility 

who will receive the used oil 

112 279.56(b)(2) 374-

2.6(g)(2)(ii) 

T 

EPA ID number of 

transporter 

112 279.56(b)(3) 374-

2.6(g)(2)(iii) 

T 

EPA ID number of burner, 

processor/ 

re-refiner or disposal facility 

112 279.56(b)(4) 374-

2.6(g)(2)(iv) 

T 

quantity of used oil shipped 112 279.56(b)(5) 374-

2.6(g)(2)(v) 

T 

No federal analog NA 374-

2.6(g)(2)(vi) 

Tcm 

shipment date 112 279.56(b)(6) 374-

2.6(g)(2)(vii) 

T 

records described in 

279.56(a) and (b) must be 

maintained for at least 3 

years 

112 279.56(c) 374-2.6(g)(3) Tco 

OPERATING RECORD AND REPORTING 

operating record 112 279.57(a) intro 374-2.6(h)(1) T 

owner/operator must keep a 

written operating record at 

the facility 

112 279.57(a)(1) 374-

2.6(h)(1)(i) 

374-2.6(h)(1) 

(i)(‘a’) and (‘b’)

T

Tcp 

information must be 

recorded as it becomes 

available and maintained in 

the operating record until 

facility closure 

112 279.57(a)(2) intro 374-

2.6(h)(1)(ii) 

T 

records and results of used 

oil analyses described in 

279.55 analysis plan 

112 279.57(a)(2)(i) 374-

2.6(h)(1)(ii)(‘a’

) 

T 

xxvii summary reports and 

details of all incidents that 

require implementation of 

the contingency plan of 

279.52(b) 

112 279.57(a)(2)(ii) 374-

2.6(h)(1)(ii)(‘b’

) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 55 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

processor/re-refiner must 

send a letter by March 1 of 

each even-numbered year 

to the Regional 

Administrator about used oil 

activities during the 

previous calendar year; 

what the letter must include 

112 279.57(b) intro 374-2.6(h)(2) Tcq 

279.57(b)(1) 374-

2.6(h)(2)(i) 

Tcr 

279.57(b)(2) 374-

2.6(h)(2)(ii) 

T 

NA 374-

2.6(h)(2)(iii) 

Tcs 

279.57(b)(3) 374-2.6(h)(2) 

(iv), (‘a’), (‘b’), 

(‘c’) 

Tct Tct 

NA 374-2.6(h)(2) 

(v), (vi), (vii), 

and (viii) 

Tcu Tcu 

OFF-SITE SHIPMENTS OF USED OIL 

processors/re-refiners who 

initiate shipments off-site 

must use a used oil 

transporter with an EPA ID 

number 

112 279.58 374-2.6(i) Tcv Tcv 

MANAGEMENT OF RESIDUES 

xxviii residues from storage, 

processing, or re-refining 

must be managed as 

specified in 279.10(e) 

112 279.59 374-2.6(j) T 

SUBPART G - STANDARDS FOR USED OIL BURNERS WHO BURN OFF-SPECIFICATION USED OIL 

FOR ENERGY RECOVERY 

APPLICABILITY 

Ë except as 279.60(a)(1)&(2) 

specify, Subpart G applies 

to used oil burners; 

definition of a used oil 

burner; exceptions: 

112 279.60(a) intro 374-2.7(a)(1) T 

Ë burned in an on-site space 

heater under 279.23 

provisions 

112 279.60(a)(1) 374-

2.7(a)(1)(i) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 56 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

Ë burned incidentally to 

processing by a 

processor/re-refiner 

112 279.60(a)(2) 374-

2.7(a)(1)(ii) 

T 

additional provisions apply 

to specific activities 

112 279.60(b) intro 374-2.7(a)(2) Tcw Tcw 

burners who generate 

used oil must also comply 

with Subpart C of Part 279 

112,122 279.60(b)(1) 374-

2.7(a)(2)(i) 

T 

burners who transport 

used oil must also comply 

with Subpart E of Part 279 

112 279.60(b)(2) 374-

2.7(a)(2)(ii) 

Tcx 

except as 279.61(b) 

provides, burners who 

process or re-refine used 

oil must also comply with 

Subpart F of Part 279 

112 279.60(b)(3) 374-

2.7(a)(2)(iii) 

T 

burners must also comply 

with Subpart H of Part 279 

if they direct shipments of 

off-specification used oil to 

a used oil burner or first 

claim that used oil meets 

used oil fuel specifications 

of 279.11 

112 279.60(b)(4) 374-

2.7(a)(2)(iv) 

T 

burners who dispose of 

used oil must comply with 

Subpart I of Part 279 

112 279.60(b)(5) 374-

2.7(a)(2)(v) 

Tbh 

Ë Subpart G does not apply 

to persons burning used oil 

that meets the 

specification of 279.11, if 

burner meets Part 279, 

Subpart H, requirements 

112 279.60(c) 374-2.7(a)(3) T 

RESTRICTIONS ON BURNING 

Ë off-specification used oil 

fuel may be burned for 

energy recovery only in 

specific devices: 

112 279.61(a) intro 374-2.7(b)(1) T 

Ë industrial furnaces 

identified in 260.10: 

112 279.61(a)(1) 374-

2.7(b)(1)(i) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 57 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

Ë specific boilers 112 279.61(a)(2) intro 374-

2.7(b)(1)(ii) 

T 

279.61(a)(2)(i) 374-2.7(b)(1) 

(ii)(‘a’) 

T 

279.61(a)(2)(ii) 374-

2.7(b)(1)(ii)(‘b’)

T 

279.61(a)(2)(iii) 374-

2.7(b)(1)(ii)(‘c’)

Tcy 

hazardous waste 

incinerators subject to 

Subpart O of Part 264 or 

265 

112 279.61(a)(3) 374-

2.7(b)(1)(iii) 

T 

burners may not process 

used oil unless they also 

comply with Subpart F of 

Part 279 

112 279.61(b)(1) 374-

2.7(b)(2)(i) 

T 

used oil burners may 

aggregate off-specification 

used oil with virgin oil or 

on-specification used oil 

for the purposes of burning 

but may not aggregate to 

produce on-specification 

used oil 

112 279.61(b)(2) 374-

2.7(b)(2)(ii) 

T 

NOTIFICATION 

Ë, burners, who have not 

done so, must comply with 

the notification 

requirements of RCRA 

'3010 and obtain an EPA 

ID number 

112,122 279.62(a) 374-2.7(c)(1) T 

a used oil burner without 

an EPA ID number may 

obtain one by submitting: 

112 279.62(b) intro 374-2.7(c)(2) T 

completed EPA Form 

8700-12 

112 279.62(b)(1) 374-2.7(c)(2)(i) T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 58 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

a letter requesting an EPA 

ID number; what the letter 

should include 

112 279.62(b)(2) intro 374-

2.7(c)(2)(ii) 

Tcz 

279.62(b)(2)(i) 374-

2.7(c)(2)(ii)(‘a’)

T 

279.62(b)(2)(ii) 374-

2.7(c)(2)(ii)(‘b’)

T 

279.62(b)(2)(iii) 374-

2.7(c)(2)(ii)(‘c’)

T 

279.62(b)(2)(iv) 374-

2.7(c)(2)(ii)(‘d’)

T 

279.62(b)(2)(v) 374-

2.7(c)(2)(ii)(‘e’)

T 

279.62(b)(2)(vi) 374-

2.7(c)(2)(ii)(‘f’) 

T 

NA 374-2.7(c)(3) Tda 

REBUTTABLE PRESUMPTION FOR USED OIL 

Ë owner/operator of a burner 

facility must determine 

whether the total halogen 

content of used oil 

managed at the facility 

exceeds or is less than 

1,000 ppm 

112 279.63(a) 374-2.7(d)(1) T 

Ë how the owner/operator 

must make this 

determination 

112 279.63(b) intro 374-2.7(d)(2) T 

279.63(b)(1) 374-

2.7(d)(2)(i) 

T 

279.63(b)(2) 374-

2.7(d)(2)(ii) 

T 

279.63(b)(3) 374-

2.7(d)(2)(iii) 

T 

Ë, xxix

if the used oil contains 

>1,000 ppm total halogens, 

it is presumed to be a 

hazardous waste; how the 

owner/operator may rebut 

the presumption; SW-846 

example; where to obtain 

SW-846 

112,130 279.63(c) intro 374-2.7(d)(3) 

374-

2.7(d)(3)(i) 

Tdt 

Taq 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 59 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

xxx rebuttable presumption 

does not apply to 

metalworking oils/fluids 

containing chlorinated 

paraffins if processed 

through a tolling 

arrangement to reclaim 

metalworking oils/fluids; 

presumption does apply to 

metalworking oils/fluids if 

such oils/fluids are 

recycled in any other 

manner or disposed 

112 279.63(c)(1) 374-

2.7(d)(3)(ii) 

T 

rebuttable presumption 

does not apply to used oils 

contaminated with 

chlorofluorocarbons 

(CFCs) removed from 

refrigeration units if the 

CFCs are destined for 

reclamation; presumption 

does apply to used oils 

contaminated with CFCs 

that have been mixed with 

used oil from sources other 

than refrigeration units 

112 279.63(c)(2) 374-

2.7(d)(3)(iii) 

T 

No federal analog NA 374-2.7(d)(4) Th 

records described in 

279.63(a), (b) and (c) must 

be maintained for at least 3 

years 

112 279.63(d) 374-2.7(d)(5) Tdb 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 60 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

USED OIL STORAGE 

used oil burners are also 

subject to applicable Spill 

Prevention, Control and 

Countermeasures (40 CFR 

Part 112); used oil burners 

are subject to 

Underground Storage 

Tank (40 CFR Part 280) 

standards for used oil 

stored in underground 

tanks, whether or not the 

used oil exhibits any 

hazardous waste 

characteristics, in addition 

to Subpart G requirements 

112,122 279.64 intro 374-2.7(e) 

and 

374-2.7(e)(2) 

(i)(‘b’) 

Tdc 

used oil burners may not 

store used oil in units other 

than tanks, containers, or 

units subject to regulation 

under Part 264 or 265 

112 279.64(a) 374-2.7(e)(1) 

374-2.7(e)(1) 

(i) & (ii) 

T

To 

No federal analog NA 374-2.7(e)(2) 

(i), (ii), & (iii) 

Tat 

containers and 

aboveground tanks must 

be: 

112 279.64(b) intro 374-2.7(e)(3) T 

in good condition 112 279.64(b)(1) 374-

2.7(e)(3)(i) 

T 

not leaking 112 279.64(b)(2) 374-

2.7(e)(3)(ii) 

T 

storage containers must 

have a secondary 

containment system 

112 279.64(c) intro 374-2.7(e)(4) T 

what the secondary 

containment system must 

include, at a minimum 

112 279.64(c)(1) intro 374-

2.7(e)(4)(i) 

T 

279.64(c)(1)(i) 374-

2.7(e)(4)(i)(‘a’) 

T 

279.64(c)(1)(ii) 374-

2.7(e)(4)(i)(‘b’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 61 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

containment system must 

prevent used oil released 

into system from migrating 

out of system to soil, 

groundwater, or surface 

water 

112 279.64(c)(2) 374-

2.7(e)(4)(ii) 

T 

existing aboveground 

tanks must have a 

secondary containment 

112 279.64(d) intro 374-

2.7(e)(2)(i)(‘a’) 

T 

what the secondary 

containment system must 

include at a minimum 

112 279.64(d)(1) intro 374-2.7(e)(2) 

(i)(‘a’)(‘1’) 

T 

279.64(d)(1)(i) 374-2.7(e)(2) 

(i)(‘a’)(‘1')(‘i’) 

T 

279.64(d)(1)(ii) 374-2.7(e)(2) 

(i)(‘a’)(‘1')(‘ii’) 

T 

279.64(d)(1)(iii) 374-2.7(e)(2) 

(i)(‘a’)(‘1')(‘iii’) 

T 

entire containment system 

must be sufficiently 

impervious to used oil to 

prevent used oil released 

into system from migrating 

out of system to soil, 

groundwater, or surface 

water 

112 279.64(d)(2) 374-2.7(e)(2) 

(i)(‘a’)(‘2’) 

T 

xxxi new aboveground tanks 

must have a secondary 

containment system 

112 279.64(e) intro 374-

2.7(e)(2)(i)(‘a’) 

T 

what the secondary 

containment system must 

include at a minimum 

112 279.64(e)(1) intro 374-2.7(e)(2) 

(i)(‘a’)(‘1') 

T 

279.64(e)(1)(i) 374-2.7(e)(2) 

(i)(‘a’)(‘1')(‘i’) 

T 

279.64(e)(1)(ii) 374-2.7(e)(2) 

(i)(‘a’)(‘1')(‘ii’) 

T 

279.64(e)(1)(iii) 374-2.7(e)(2) 

(i)(‘a’)(‘1')(‘iii’) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 62 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

entire containment system 

must be sufficiently 

impervious to used oil to 

prevent used oil released 

into system from migrating 

out of system to soil, 

groundwater, or surface 

water 

112 279.64(e)(2) 374-2.7(e)(2) 

(i)(‘a’)(‘2’') 

T 

labels 112 279.64(f) intro 374-2.7(e)(7) T 

containers and 

aboveground tanks must 

be clearly marked "Used 

Oil" 

112 279.64(f)(1) 374-2.7(e)(7)(i) Tq 

fill pipes used to transfer 

used oil into underground 

storage tanks must be 

clearly marked "Used Oil" 

112 279.64(f)(2) 374-

2.7(e)(7)(ii) 

Tr 

No federal analog NA 374-2.7(e)(8)(i) Ts 

upon detection of a release 

of used oil to the 

environment that is not 

subject to Part 280, 

Subpart F and which has 

occurred after the effective 

date of the recycled used 

oil management program 

in effect in the State in 

which the release is 

located, a burner must 

perform these cleanup 

steps: 

112,H166 279.64(g) intro 374-2.7(e)(8) 

and (ii) 

T 

stop the release 112 279.64(g)(1) 374-

2.7(e)(8)(ii)(‘a’)

T 

contain the released used 

oil 

112 279.64(g)(2) 374-

2.7(e)(8)(ii)(‘b’)

T 

clean up and properly 

manage the released used 

oil and other materials 

112 279.64(g)(3) 374-

2.7(e)(8)(ii)(‘c’)

T 

repair or replace any 

leaking oil storage 

containers or tanks before 

returning them to service 

112 279.64(g)(4) 374-

2.7(e)(8)(ii)(‘d’)

T 

No federal analog NA 374-

2.7(e)(8)(iii) 

Tt 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 63 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

TRACKING 

Ë burners must keep record 

of each shipment 

accepted; forms record 

may take; what the records 

for each shipment must 

include: 

112 279.65(a) intro 374-2.7(f)(1) Tdd Tdd 

Ë name and address of 

transporter who delivered 

used oil to burner 

112 279.65(a)(1) 374-2.7(f)(1)(i) T 

Ë name and address of 

generator or processor/rerefiner from whom used oil 

was sent 

112 279.65(a)(2) 374-2.7(f)(1)(ii) T 

Ë EPA ID number of the 

transporter 

112 279.65(a)(3) 374-

2.7(f)(1)(iii) 

T 

Ë EPA ID number of 

generator or processor/rerefiner

112 279.65(a)(4) 374-

2.7(f)(1)(iv) 

T 

Ë quantity accepted 112 279.65(a)(5) 374-2.7(f)(1)(v) T 

Ë date of acceptance 112 279.65(a)(6) 374-

2.7(f)(1)(vi) 

T 

Ë records described in 

279.65(a) must be 

maintained for at least 3 

years 

112 279.65(b) 374-2.7(f)(2) Tdf 

NOTICES 

Ë before accepting the first 

shipment of offspecification used oil fuel 

from a generator, 

transporter, or 

processor/re-refiner, the 

burner must provide the 

generator, transporter, or 

processor/re-refiner a onetime written and signed 

notice; what the notice 

must certify 

112 279.66(a) intro 374-2.7(g)(1) T 

279.66(a)(1) 374-2.7(g)(1)(i) Tdg 

279.66(a)(2) 374-

2.7(g)(1)(ii) 

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 64 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

Ë certification described in 

279.66(a) must be 

maintained for 3 years 

after burner last receives 

shipment of offspecification oil from that 

individual 

112 279.66(b) 374-2.7(g)(2) Tdf 

MANAGEMENT OF RESIDUES 

residues from storage and 

burning must be managed 

as specified in 279.10(e) 

112 279.67 374-2.7(h) T 

SUBPART H - STANDARDS FOR USED OIL FUEL MARKETERS 

APPLICABILITY 

Ë this subpart applies to any 

person who: 

112,122 279.70(a) intro 374-2.8(a)(1) T 

Ë directs a shipment of offspecification used oil to a 

used oil burner 

112 279.70(a)(1) 374-2.8(a)(1)(i) T 

Ë first claims that used oil 

that is to be burned for 

energy recovery meets the 

specifications of 279.11 

112 279.70(a)(2) 374-

2.8(a)(1)(ii) 

T 

Ë,

xxxii

Ë, 

persons who are not 

subject to Subpart H 

112 279.70(b) intro 374-2.8(a)(2) T 

279.70(b)(1) 374-2.8(a)(2)(i) T 

279.70(b)(2) 374-

2.8(a)(2)(ii) 

T 

any person subject to the 

requirements of Part 279 

Subpart H must also 

comply with one of 

specified Part 279 

Subparts 

112 279.70(c) intro 374-2.8(a)(3) T 

279.70(c)(1) 374-2.8(a)(3)(i) T 

279.70(c)(2) 374-

2.8(a)(3)(ii) 

T 

279.70(c)(3) 374-

2.8(a)(3)(iii) 

T 

279.70(c)(4) 374-

2.8(a)(3)(iv) 

T 

PROHIBITIONS 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 65 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

Ë used oil fuel marketer may 

initiate a shipment of offspecification used oil only 

to a used oil burner who: 

112 279.71 intro 374-2.8(b) T 

Ë has an EPA ID number 112 279.71(a) 374-2.8(b)(1) T 

Ë burns the used oil in an 

industrial furnace or boiler 

identified in 279.61(a) 

112 279.71(b) 374-2.8(b)(2) T 

ON-SPECIFICATION USED OIL FUEL 

Ë determination that used oil 

meets 279.11 fuel 

specifications may be 

made by performing 

analyses or obtaining 

copies of analyses or other 

information documenting 

that the used oil fuel meets 

those specifications 

112,122 279.72(a) 374-2.8(c)(1) T 

Ë generator, transporter, 

processor/re-refiner or 

burner who first claims 

used oil to be burned for 

energy recovery meets 

279.11 specifications must 

keep analyses or other 

information for 3 years 

112 279.72(b) 374-2.8(c)(2) Tdh 

NOTIFICATION 

Ë, xxxiii

a used oil fuel marketer, 

who has not previously 

done so, must comply with 

RCRA '3010 notification 

requirements and obtain 

an EPA ID number 

112,122 279.73(a) 374-2.8(d)(1) T 

a marketer without an EPA 

ID number may be obtain 

one by submitting either: 

112 279.73(b) intro 374-2.8(d)(2) T 

a completed EPA Form 

8700-12; or 

112 279.73(b)(1) 374-2.8(d)(2) 

(i) 

T 

a letter requesting an EPA 

ID number; what the letter 

should include 

112 279.73(b)(2) intro 374-

2.8(d)(2)(ii) 

Tbi 

279.73(b)(2)(i) 374-

2.8(d)(2)(ii)(‘a’)

T 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 66 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

279.73(b)(2)(ii) 374-

2.8(d)(2)(ii)(‘b’)

T 

279.73(b)(2)(iii) 374-

2.8(d)(2)(ii)(‘c’)

T 

279.73(b)(2)(iv) 374-

2.8(d)(2)(ii)(‘d’)

T 

279.73(b)(2)(v) 374-

2.8(d)(2)(ii)(‘e’)

T 

TRACKING 

Ë marketer who directs a 

shipment of offspecification used oil to a 

burner must keep a record 

of each shipment; forms 

record may take; each 

record must include: 

112,122 279.74(a) intro 374-2.8(e)(1) T 

Ë name and address of 

transporter who delivers 

used oil to burner 

112 279.74(a)(1) 374-2.8(e)(1)(i) T 

Ë name and address of 

burner receiving used oil 

112 279.74(a)(2) 374-

2.8(e)(1)(ii) 

T 

Ë EPA ID number of 

transporter 

112 279.74(a)(3) 374-

2.8(e)(1)(iii) 

T 

Ë EPA ID number of burner 112 279.74(a)(4) 374-

2 8(e)(1)(iv)

T 

Ë quantity shipped 112 279.74(a)(5) 374-

2.8(e)(1)(v) 

T 

Ë shipment date 112 279.74(a)(6) 374-

2.8(e)(1)(vi) 

T 

Ë, generator, transporter, 

processor/re-refiner or 

burner who first claims 

used oil to be burned for 

energy recovery meets 

279.11 specifications must 

keep a record of each 

shipment; each record 

must include: 

112 279.74(b) intro 374-2.8(e)(2) T 

Ë, name and address of 

receiving facility 

112 279.74(b)(1) 374-2.8(e)(2)(i) T 

Ë, quantity delivered 112 279.74(b)(2) 374-

2.8(e)(2)(ii) 

T 
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as of June 30, 2002 (cont'd) 

Page 67 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

Ë, date of shipment or 

delivery 

112 279.74(b)(3) 374-

2.8(e)(2)(iii) 

T 

Ë, cross-reference to analysis 

or other information used 

to determine that the oil 

meets 279.72(a) 

specification 

112 279.74(b)(4) 374-

2.8(e)(2)(iv) 

T 

Ë records described in 

279.74(a) and (b) must be 

maintained for at least 3 

years 

112 279.74(c) 374-2.8(e)(3) Tdi 

NOTICES 

Ë before a used oil 

generator, transporter, or 

processor/re-refiner directs 

the first shipment of offspecification used oil fuel 

to a burner, burner must 

provide a one-time written 

and signed notice; what 

the notice must certify 

112 279.75(a) intro 374-2.8(f)(1) T 

279.75(a)(1) 374-2.8(f)(1)(i) Tdj 

279.75(a)(2) 374-2.8(f)(1)(ii) T 

Ë 279.75 certification must 

be maintained for 3 years 

from the date of the last 

shipment of offspecification used oil to the 

burner

112 279.75(b) 374-2.8(f)(2) Tdk 

SUBPART I - STANDARDS FOR USE AS A DUST SUPPRESSANT AND DISPOSAL OF USED OIL 

APPLICABILITY 

Subpart I applies to all 

used oils that cannot be 

recycled and are being 

disposed 

112 279.80 374-2.9(a) 

374-2.9(a)(1) 

Tdl 

Tdq Tdq 

DISPOSAL 
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Page 68 of 75 

FEDERAL REQUIREMENTS 

CHECKLIST 

REFERENCE FEDERAL RCRA CITATION 

ANALOGOUS STATE 

CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER 

IN SCOPE 

used oils that are 

hazardous waste and 

cannot be recycled must 

be managed in accordance 

with Parts 260-266, 268, 

270 and 124 

112 279.81(a) 374-2.9(b)(1) Tdl 

used oils that are not 

hazardous wastes and 

cannot be recycled must 

be disposed in accordance 

with Parts 257 and 258 

112 279.81(b) 374-2.9(b)(2) Tdl 

USE AS A DUST SUPPRESSANT 

use of used oil as a dust 

suppressant is prohibited; 

exception 

112 279.82(a) 374-2.9(c) Tdm 

a State may petition EPA 

to allow the use of used oil 

meeting specific 

requirements as a dust 

suppressant; what State 

must show; program must 

minimize impact on the 

environment 

112 279.82(b) NA Tdm 

list of States (reserved) 112 279.82(c) NA Tdm 

a Part 364 and Subpart 360-14 have permitting requirements. 

b Burning and marketing standards were not relocated. They, instead, remain at Subpart 374-2. Other former 

40 CFR 266 used oil requirements that remain in 374-2 are: 

266.41(b)(2)(iii) and 266.44(a), at 374-2.3(d) 

266.40(b), at 374-2.1(a)(20) 

266.40(e), at 374-2.2(b)(1). 

c 280.12 terms are either not used in State used oil regulations, already defined in parts 370 or 371, explained 

within the text of 374-2, or separately defined in 374-2. Several terms defined in 40 CFR 280 are not 

consistent with the same terms as defined in 370, 371, or 374-2. Other terms, defined only in 40 CFR 280, 

are not consistent with their usage in 374-2. Those definitions, in general, are too narrow compared to their 

usage. The following is a summary of 40 CFR 280 defined terms that appear in 374-2.ABeneath the surface 

of the ground@ - Appears self-explanatory, based upon the common dictionary meaning of the words in this 

term. 

ACompatible@ - The word incompatible appears just once in 374-2, and is used differently than the term 

Acompatible@ is defined in the UST regulations. The 40 CFR 280 definition is limited to conditions within an 

UST system, while the use of the word in 374-2 is in relation to spill clean-ups at processing or re-refining 

facilities. 

AMaintenance@ - This word is used more broadly in 374-2 than the 40 CFR 280 definition allows. The ordinary 

dictionary definition should be sufficient. 
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AOperator@ - The term is defined in Part 370. 

AOwner@ - The term is defined in Part 370. 

APerson@ - The term is defined in Part 370. 

APipe@ or Apiping@ - These terms are used 11 times in 374-2 and are not otherwise defined except in 40 CFR 

280. In the American Heritage Dictionary of the English Language (1981), the first definition for Apipe@ is Aa. 

Any hollow cylinder or tubular conveyance for a fluid or gas.@ and Ab. A section or piece of such a tube. @ This 

common dictionary definition is close enough to the 40 CFR 280 definition to be considered equivalent. 

Within the context of the regulatory provisions, the usage of the word Apipe@ in 374-2 is confined to the first 

dictionary definition. 

ARelease@ - This term is used 58 times in 374-2, and is not otherwise defined, except in 40 CFR 280. 

However, the definition for Arelease@ in the UST regulations is more restrictive than the usage of that term in 

374-2. The 40 CFR 280 definition is confined only to spills, leaks, discharges, etc., from underground storage 

tanks. Release, as used in 374-2, however, refers to used oil spills emanating from any source. Therefore 

the ordinary dictionary definition for Arelease@is more suitable than the 40 CFR 280 definition. 

ARepair@ - This term is used 4 times in 374-2, and is not otherwise defined, other than in 40 CFR 280. The 

regulatory definition, however, is restricted to the repair of USTs and UST systems. As used in 374-2, the 

word is in reference to actions performed on containers and aboveground tanks, in addition to underground 

tanks. Therefore, the ordinary dictionary definition of this word is more suitable than the 40 CFR regulatory 

definition. 

ASurface impoundment@ - The term is defined slightly differently in Part 370. 

ATank@ - The term is defined in Subpart 374-2. 

AUnderground area@ - The term is used once in Subpart 374-2, at 374-2.1(a)(19), but it is explained in the 

body of the regulation, and is consistent with the 40 CFR 280 definition. 

AUnderground storage tank@ - Subpart 374-2 has its own definition for Aunderground used oil tank@, which 

differs from the 40 CFR 280 definition so as to be consistent with the definition for Aunderground tank@ in the 

state’s Petroleum Bulk Storage regulations, at 6 NYCRR 612.1(c)(29). This is necessary because the state’s 

used oil regulations subjects all used oil tanks, aboveground and underground, to Petroleum Bulk Storage 

standards. Where state used oil regulatory requirements apply to tanks meeting the federal 40 CFR 280 and 

279 criteria for an underground tank, or the 40 CFR 279 definition for an aboveground tank, appropriate 

language is used in the body of the regulations to include the universe of tanks within the federal definition. 

For example, 374-2.5(f)(3)(i)(‘b’) states that Aaboveground used oil tanks with 10 percent or more volume 

beneath the surface of the ground and underground used oil tanks must also meet the applicable 

requirements contained in 40 CFR 280 ...@ 

All other terms defined in 40 CFR 280 are not used in 374-2. 

d Used oil transfer facility definition includes a reference to Part 360 permitting requirements. 

e Includes references to items that are more stringent, including Petroleum Bulk Storage requirements, broader 

in scope, such as Part 360 (solid waste management facility) and Part 364 (waste hauling) permitting, and 

items that are both broader in scope and more stringent, such as Air regulation management and permitting 

requirements. 

f Lab analysis must be certified by Environmental Laboratory Approval Program (ELAP). 

g 6 NYCRR Part 225 includes more stringent management standards and references Part 201 permitting 

requirements. 

h NY regulates used oil containing greater than 50 ppm of PCBs as a hazardous waste. 

i Table 1 includes specification level for PCB’s. 

j Footnote 2 states that used oil with more than 50 ppm PCBs is a hazardous waste, unless the oil was 

derived from small capacitors. It also states the applicable hazardous waste regulations oil with greater 

than 50 ppm PCBs is subjected to. 

k Storage in pits, ponds and lagoons also prohibited. All storage in surface impoundments, including those 

subject to regulation under 40 CFR 264 and 265, is prohibited. 

l Land application and direct disposal on land is also prohibited. NY will not petition EPA for authorization to 

use used oil as a dust suppressant, and the state is not listed at 40 CFR 279.82(c). 
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m Recyclable used oil must not be disposed by means of absorbents. 

n Using used oil as a dust suppressant is a violation of 374-2.9(c). 

o Storage must also be in compliance with local and state fire and building codes , including NFPA-30. 

p Aboveground and underground tanks must comply with Petroleum Bulk Storage standards, 6 NYCRR 

Parts 612, 613, and 614, including more stringent installation, closure, inspection and repair standards, and 

registration requirements. Aboveground tanks meeting the 40 CFR 280 definition of an underground tank 

must also be in compliance with the Federal UST regulations. Tanks at licensed Part 610 facilities do not 

require registration under Part 612. 

q Aboveground tanks must also be labeled with their design and working capacities. 

r Fill pipes for underground tanks must also include the tank capacity on the label. 

s Spills are also subject to Article 12 of the Navigation Law, their implementing regulations, and to related 

provisions in the Environmental Conservation Law and the PBS regulations. 

t Notification to the Department by calling the Spill Hotline within 2 hours of detecting a spill is required. 

u Clarifies original intent of EPA - venting to outdoors; see 50 FR 49194 (11/29/85). 

v Generators must also ensure that applicable transporters are permitted under 6 NYCRR Part 364. 

w Details requirements for accepting used oil from DIYs at service and retail establishments. They are 

broader in scope because there are no analogous requirements in the Federal used oil regulations. 

x Used oil collection centers must comply with transfer facility standards. 

y Subpart 360-14 involves facility permitting, while Part 364 involves transporter permitting. Transfer 

facilities qualifying for the exemption from permitting of either 360-14.1(b)(7) or 360-14.1(b)(8) must comply 

with the federal transfer facility standards of 40 CFR 279, Subpart E instead of the state standards of 374-

2.5. 

z Transfer facilities located at facilities regulated under Part 373 must be in compliance with 360-

14.1(a)(4),which includes permitting. 

aa Transfer facilities are subjected to Part 360 permitting, unless exempt, and they must be in compliance 

with the general facility standards that processing and re-refining facilities are subjected to. 

ab Transporters who process used oil are subject to Part 360 permitting. 

ac NY does not allow the use of used oil as a dust suppressant. 

ad Based upon the Federal Register Preamble, at 57 FR 41589, the EPA did not intend that the contents of 

the letter requesting an ID number be permissive. 

ae The transporter the used oil is delivered to must be permitted under Part 364,and must have an EPA ID 

number. Transporter’s facility must be permitted under Part 360, unless exempt. 

af Transfer facility owners or operators must ensure that deliveries of used oil to their facilities are performed 

only by Part 364 permitted transporters with EPA identification numbers. 

ag Processing/re-refining facilities receiving used oil from transporters must be permitted under Part 360 as 

well as having an EPA identification number. 

ah Off-specification used oil burners receiving used oil from a transporter must be authorized under Subpart 

225-2 and must have an EPA ID number. This may require Part 201 permitting. 

ai In addition to DOT requirements, used oil transporters must also comply with Part 364 permitting 

requirements. 

aj Used oil releases are also subject to overlapping Article 12, Navigation Law requirements (the 

corresponding 40 CFR 279 provision should have mentioned applicability of 40 CFR 300). 

ak In a transportation related discharge of used oil, the transporter must notify the Department in accordance 

with 6 NYCRR 613.8. 

al Spill notification requirements also include contacting the Department within 2 hours of detection via the 

Spill Response Hotline number. 

am References the clean-up standards of Article 12 of the Navigation Law. 

an Owners and operators of used oil transfer facilities must test all incoming loads of used oil for total 

halogen content, in accordance with a written quality control plan. 

ao Used oil containing 50 ppm or more of PCBs is a hazardous waste, unless the PCBs were derived solely 

from small capacitors. 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

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ap Not applicable to used oil transfer facilities, which must comply instead with 374-2.5(e)(2), see note aj. 

aq Analyses to rebut the presumption must be conducted by labs certified by the Environmental Laboratory 

Approval Program (ELAP). 

ar Transfer facilities subject to Part 360 permitting must retain records for 7 years. Records pertaining to 

PCB content are included, when applicable. 

as Due to the different definition for Aunderground tank@ in state regulations, it is necessary to cite 374-

2.5(f)(3)(i)(‘b’) together with 374-2.5(f) for full equivalency with 279.45. Compliance with Subpart 360-14 

may require permitting, unless exempt. 

at Above and underground tanks must be in compliance with Petroleum Bulk Storage standards of 6 NYCRR 

Parts 612 - 614, including more stringent registration, installation, closure, inspection, and repair 

requirements. However, tanks licensed under Part 610 do not need to be registered. 

au Transfer facilities subject to permitting requirements of 360-14, unless exempt. 

av Storage units must also comply with local building and fire codes and with the State Fire and Building 

Code, including NFPA-30. 

aw Aboveground and underground tanks must be in compliance with Petroleum Bulk Storage requirements, 

including monthly inspection requirements of 6 NYCRR 613.6(a) and requirements for repairing deficient 

tank equipment, at 613.6(d). 

ax Aboveground tanks must also be labeled or marked with their design and working capacities. 

ay Fill pipes for underground tanks must also be labeled with the tank’s capacity. 

az Transfer facilities are subject to closure requirements. 

ba Transfer facilities subject to Part 360 permitting also must maintain copies of invoices. 

bb By 374-2.5(g)(1)(vi), the records must indicate whether the used oil is on or off-specification, and if it is 

on-specification, records must indicate the method employed to determine it as such. Applies to facilities 

subject to Part 360 permitting. 

bc By 374-2.5(g)(2)(vi), the records must indicate whether the used oil is on or off-specification, and if it is 

on-specification, records must indicate the method employed to determine it as such. Applies to facilities 

subject to Part 360 permitting. 

bd Transfer facilities subject to Part 360 permitting must include on their export records whether the used oil 

is on or off-specification, and if it is on-specification, records must indicate the method employed to 

determine it as such 

be Transfer facilities subject to Part 360 permitting must maintain the records for seven years. 

bf 374-2.6(a)(2) has no Federal analog, concerning used oil processing at facilities that are also permitted 

hazardous waste facilities. States conditions where they will be subject to Part 360 permitting. 

bg Used oil processors/re-refiners are subject to Part 360 permitting. 

bh Used oil can not be used as a dust suppressant in New York. 

bi Based upon the Federal Register Preamble to the used oil regulations, at 57 FR 41589, the EPA did not 

intend that the contents of the letter requesting an ID number be permissive. 

bj Used oil collection centers and transfer facilities are also subject to these requirements. 

bk 374-2.6(c)(1)(ii)(‘c’) lists several additional items of personnel safety equipment. 

bl The emergency summoning device is always required. 

bm Used oil collection centers and transfer facilities are also subject to these requirements; the contingency 

plan permit application requirements of 360-1.9(h) are applicable to processors, re-refiners, collection 

centers, and transfer facilities. 

bn Responsibility for carrying out the contingency plan in an emergency is given to the facility operator. 

bo Contingency plan must also include actions to be taken if facility is shut down for more than 24 hours. 

bp Evacuation plans are always required. 

bq Emergency coordinator must also notify the department’s Spill Hotline if spill has occurred. 

br A written report must also be submitted to the Regional Director of the Department. 

bs Total halogen determination must be made upon each incoming load by a sampling method in 

accordance with Appendix 19, and tested in accordance with SW-846. 
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bt If the samples are not tested at an acceptable laboratory, then 5% of tests must be split sampled and 

tested at a laboratory acceptable to the department. 

bu Halogen determination must be performed upon every load of used oil arriving at the re-refining or 

processing facility. 

bv Reliance upon generator knowledge is not allowed in making halogen determinations at re-refining or 

processing facilities. 

bw Rebuttable presumption analyses must be performed by ELAP certified labs. 

bx If facility owner or operator does not rebut the presumption, the load must be rejected and the department 

Regional Solid & Hazardous Materials engineer must be notified. 

by Used oil containing 50 ppm or greater of PCBs is a hazardous waste, unless the PCBs were derived 

solely from small capacitors. 

bz Processors/re-refiners are also subject to the permitting requirements of Subpart 360-14. 

ca Due to the different definition for Aunderground tank@ in state regulations, it is necessary to cite 374-

2.6(e)(2)(i)(‘b’) together with 374-2.6(e) for full equivalency with 279.54. 

cb In addition to compliance with closure requirements of 40 CFR 280, owners and operators of 

underground tanks must comply with the closure requirements of 6 NYCRR 613.9. 

cc Used oil storage units must also be in compliance with local fire and building codes and with the NYS 

Uniform Fire Prevention and Building Code. 

cd Closure of aboveground tanks must commence within 180 days after storage or processing has ceased. 

ce Closure of aboveground tanks must also be in conformance to section 613.9 of the Petroleum Bulk 

Storage regulations. 

cf Compliance with closure requirements must commence within 180 days after storage in containers has 

ceased. 

cg Any changes to the used oil quality control plan must be approved by the department. 

ch The plan must describe how all incoming loads of used oil will be tested for total halogen content. 

Reliance upon generator knowledge of the halogen content is not acceptable. 

ci The plan must include a detailed flow diagram which indicates where on and off-specification used oils are 

handled. 

cj The plan must include a description of precautions taken to prevent contamination of on-specification used 

oil stored on-site. 

ck The plan must include a description of procedures to be employed if a load of used oil transported to the 

facility is suspected or determined to be a hazardous waste. 

cl Processors/re-refiners must ensure and confirm that transporters are permitted under Part 364. The 

requirement that processors/re-refiners must keep copies of invoices is more stringent than the 

analogous Federal provision because the Federal requirement allows for other types of records besides 

invoices. 

cm Acceptance and delivery records must indicate whether the used oil is on or off-specification and, if the 

oil is on-specification, the records must indicate the method employed in performing this determination. 

cn The requirement that processors/re-refiners must keep copies of invoices is more stringent than the 

analogous Federal provision because the Federal requirement allows for other types of records besides 

invoices. 

co The records must be maintained for 7 years. 

cp The operating record must also include the facility’s used oil tracking records, and that inspection records 

must be kept for 7 years. 

cq New York requires an annual report instead of a biennial letter, which must be sent to the department’s 

Central Office and Regional Office. 

cr The report must also include the facility’s contact person, phone number, and location. 

cs The report must also include a list of each storage tank and its capacity. 

ct The report must also include a monthly summary of all incoming and outgoing loads, including names, 

addresses, and EPA ID numbers of originating and receiving facilities, and a summary of the type of used 

oil accepted. If received from numerous facilities from one load, the transporter’s name, Part 364 permit 
SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

as of June 30, 2002 (cont'd) 

Page 73 of 75 

number, and EPA ID number can be used instead. cu The report must also include results of chemical 

analyses, descriptions of spills or emergencies, list of rejected loads, and a description of operational 

changes. Rejected load list must include transporter’s Part 364 permit number. 

cv The transporter must also be permitted under Part 364, unless exempt. 

cw Used oil burners are also subject to Air Quality regulations of Parts 201 and 225, including Part 201 

permitting requirements. 

cx Burners who transport used oil are subject to Part 364, if applicable, including permitting requirements. 

cy 374-2.7(b)(1)(ii)(‘c’)(‘3') clarifies original intent of EPA, i.e., venting to outside ambient air - see 50 FR 

49194 (11/29/85). 

cz Based upon the Federal Register Preamble for 40 CFR 279, 57 FR 41589 (09/10/92), the requirements 

stating what the contents of the letter that requests an EPA identification number were not intended to be 

permissive. 

da Notification must be provided to the department Regional Headquarters in the Region where the burner 

facility is located. 

db Records include those concerning PCB content. 

dc Due to the different definition for Aunderground tank@ in state regulations, it is necessary to cite 374-

2.7(e)(2)(i)(>b’) together with 374-2.7(e) for full equivalency with 279.45. 

dd Burners must ensure and confirm that the transporters they use are permitted under Part 364. 

de Analyses for specification determination must be performed by ELAP certified labs. 

df Records must be kept for 7 years. 

dg The burner must also notify the department’s Regional office. 

dh A marketer of on-specification used oil must keep records of the analysis or other information for seven 

years. 

di The delivery records must be maintained by the marketer for seven years. 

dj Notification must be given to the state DEC in addition to the EPA. 

dk The certification must be maintained for seven years. 

dl Burning for energy recovery is considered a form of disposal in New York. However, 374-2.9 is not 

applicable if off-specification used oil is burned for energy recovery in accordance with 374-2.7 and the 

Air regulations. 

dm The use of used oil as a dust suppressant is prohibited in New York. 

dn DEC has chosen to be broader in scope by not adopting this exclusion. 

do AUsed oil collection centers@ are subject to more stringent transfer facility standards. 

dp Includes all state-based generator requirements that are more stringent than the analogous Federal 

requirements. 

dq Part 201 includes broader in scope permitting requirements. Part 225 includes more stringent 

management standards. 

dr The exemption applies only if the used oil is used in normal farming operations. Land application or land 

disposal is not considered a normal farming operation. 

ds Definition clarified by including re-refining as well as processing. 

dt The exemption from hazardous waste regulation for used oil-CESQG hazardous waste mixtures is 

included as another example of rebutting the presumption. 

 

i. These changes correct an error in the May 20, 1992 final rule (57 FR 21534, Revision Checklist 104) by 

redesignating the subparagraphs sequentially. The exclusion for non-terne plated used oil filters was added 
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by the May 20, 1992 rule as subparagraph (b)(15) of ' 261.4 even though EPA had not yet promulgated 

subparagraphs (b)(13) or (b)(14). ii. Note that the July 1, 1992 final rule (57 FR 29220; Revision Checklist 107) also affected the code previously 

designated as 261.4(b)(15) and now designated as 261.4(b)(13). iii. These provisions were modified because of the May 6, 1998 final rule (63 FR 24963; Revision Checklist 

166). However, the May 6, 1998 changes were subsequently withdrawn and the regulatory text that existed 

prior to the May 6, 1998 direct final rule was reinstated by the July 14, 1998 rule (63 FR 37780, Revision 

Checklist 166). Although the July 14, 1998 rule is not included in RCRA Cluster VIII, in order to provide the 

correct revisions this Special Consolidated Checklist includes the July 14, 1998 recommended revisions. 

Note that the July 14, 1998 rule did retain the May 6, 1998 change to 279.10(i), which replaced A40 CFR Part 

279@ with Athis part@. iv. Revision Checklist 112 redesignated previous provisions (a)(3)(iv)-(viii) as (a)(3)(iii)-(vii). Revision Checklist 

135 removed the text at (a)(3)(v) and redesignated (a)(3)(vi) and (vii) as (a)(3)(v) and (vi). Revision Checklist 

142 B removed the text at (a)(3)(ii) and redesignated (a)(3)(iii) and (iv) as (a)(3)(ii) and (iii). It also 

redesignated (a)(3)(v) and (vi) as (a)(3)(iv) and (v). Revision Checklist 169 removed the text at (a)(3)(v). v. The May 3, 1993 final rule inadvertently removes a correction made by the August 25, 1992 Federal Register 

(57 FR 38558, Revision Checklist 111). The August 25, 1992 rule changed "subparts C, D, F, or G" to 

"subparts C, F, G, or H"; the May 3, 1993 rule lists the old version of these internal references. The correct 

reference is as shown in the August 25, 1992 rule. States may not want to make this change. vi. Revision Checklist 182 (64 FR 52828; September 30, 1999) redesignated old 266.100(b) as 266.100(c) and 

added a new 266.100(b).

vii. This definition may be changed in the future by EPA to better explain what is meant by a "used oil 

processor/re-refiner."

viii. There are two typographical errors in this paragraph in the May 3, 1993 Federal Register. The heading 

"Characteristic hazardous waste" should be in italics, as it appeared in the September 10, 1992 final rule (57 

FR 41566, Revision Checklist 112). The phrase "hazardous waste characteristic" should be "hazardous 

waste characteristics" to reflect the possibility of more than one characteristic. ix. The May 3, 1993, final rule (58 FR 26420; Revision Checklist 122) replaced the original 279.10(c) added by 

Revision Checklist 112 (September 10, 1992; 57 FR 41566) with a new paragraph introducing several new 

subparagraphs. x. Subparagraphs 279.10(e)(4)(i)&(ii) were added by Revision Checklist 112 and were subsequently removed 

by Revision Checklist 122. xi. The March 4, 1994 final rule (59 FR 10550; Revision Checklist 130) replaced the original 279.10(g) added by 

Revision Checklist 112 (September 10, 1992; 57 FR 41566) with a new paragraph introducing several new 

subparagraphs. xii. There is an error in the Federal Register for Revision Checklist 122 (May 3, 1993; 58 FR 26420); according 

to EPA, "who market" should be "who market or burn."

xiii. States are not required to adopt notes, but a State may want to include an analog to this note for clarity.

xiv. The March 4, 1994 final rule (59 FR 10550; Revision Checklist 130) revised and redesignated the original 

279.20(b)(2) added by Revision Checklist 112 (September 10, 1992; 57 FR 41566) as 279.20(b)(2)(i) and 

introduced a new subparagraph 279.20(b)(2)(ii).

 

xv. These provisions, although reprinted in Revision Checklist 166 (63 FR 24963; May 6, 1998), were not 

changed by Revision Checklist 166. xvi. As introduced into the code by Revision Checklist 112, these paragraphs were numbered 279.23(a) and 
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(a)(1)-(3); 279.23(b) was reserved. Checklist 122 preserved the original wording and order of these 

paragraphs, but redesignated them as 279.23 and 279.23(a)-(c). xvii. The September 10, 1992 Federal Register included an extraneous phrase, "of this partuel Marketers", 

between "subpart H" and "of this part". The May 3, 1993 Federal Register intended to remove this phrase, 

but misquoted the phrase to be removed as "of the partial Marketers." The correct wording is "subpart H of 

this part" rather than "subpart H of this partuel Marketers of this part."

xviii. The May 3, 1993 (58 FR 26420) rule changed the text found in the September 10, 1992 (57 FR 41566; 

Revision Checklist 112) rule, to include renotification. However, the June 17, 1993 (58 FR 33341) rule 

changed the text back to the original wording in the September 10, 1992 rule. xix. Note that there is an error in the September 10, 1992 Federal Register at 279.43(c)(3)(i); there should be a 

comma after "171.15". xx. Note that there is a typographical error in the September 10, 1992 Federal Register at 279.43(c)(5); "used oil 

discharged that occurs" should be "used oil discharge that occurs". xxi. Note that there is a typographical error in the September 10, 1992 Federal Register at 279.44(a); "used oil 

being transporter" should be "used oil being transported". xxii. The September 10, 1992 Federal Register contains an error at 279.45(a): "subpart F of this chapter" should 

more specifically say "subpart F of this part". xxiii. Revision Checklist 130 (March 4, 1994; 59 FR 10550) amended and redesignated the original 279.46(a)(5) 

introduced by Revision Checklist 112 (September 10, 1992; 57 FR 41566) as 279.46(a)(5)(i) and added a 

new 279.46(a)(5)(ii).

xxiv. Revision Checklist 130 (March 4, 1994; 59 FR 10550) amended and redesignated the original 279.46(b)(5) 

introduced by Revision Checklist 112 (September 10, 1992; 57 FR 41566) as 279.46(b)(5)(i) and added a 

new 279.46(b)(5)(ii). xxv. The September 10, 1992 Federal Register texts for 279.52(a) and 279.52(b) include two typographical errors: 

"processors" should be "processing" and "re-refiners" should be "re-refining". xxvi. The September 10, 1992 Federal Register for 279.52(b)(1)(ii) says "release or used oil" but should say 

"release of used oil".

xxvii. There is a typographical error in the September 10, 1992 Federal Register at 279.57(a)(2)(ii): "an specified" 

should be "as specified".

xxviii. In ' 279.59, "re-fining", as found in the September 10, 1992 Federal Register, is an error and has been 

replaced in this checklist with "re-refining". xxix. Note that there is an error in the September 10, 1992 Federal Register at 279.63(c); the "/" after "hazardous 

waste" should be deleted. xxx. Paragraphs 279.63(c)(1)&(2) contain new exemptions from the rebuttable presumption that were not part of 

the November 29, 1985 final rule (50 FR 49164; Revision Checklist 19) and are, thus, not HSWA provisions.

xxxi. The paragraph title and first sentence of 279.64(e) in the September 10, 1992 Federal Register are 

inconsistent. Because 279.64(d) referred to existing aboveground tanks, this checklist assumes that 

279.64(e) refers to new aboveground tanks and that there is an error in the paragraph title: "existing" should 

be "new".

xxxii. Only 279.70(b)(1)&(2) are designated as HSWA provisions.

xxxiii. The May 3, 1993 Federal Register shows two different changes to this paragraph. Only the first change 

(revision 43) correcting the wording found in the September 10, 1992 (57 FR 41566, Revision Checklist 112) 

version of the paragraph should be made. While the May 3, 1993 (58 FR 26420) rule changed the rest of the 

text so that renotification was required, the June 17, 1993 (58 FR 33341) rule changed the text back to that 

found in the September 10, 1992 rule.