RCRA REVISION CHECKLIST 104

Used Oil Filter Exclusion
57 FR 21524-21534
May 20, 1992
(RCRA Cluster II, HSWA provisions)

Note:  The final rule addressed by this Revision Checklist preserves the status quo for used oil destined for disposal and exempts, from the definition of hazardous waste, certain types of used oil filters.  The Agency is not taking final action, at this time, on a listing determination and/or management standards for used oils that are recycled as proposed in 1985 and 1991.  It will, in the near future, make a final decision on such a listing under the authority of RCRA section 3014.  The Agency may also propose standards controlling the burning of used oil in boilers and furnaces at a later date.

The standards addressed by this checklist narrow the scope of the Toxicity Characteristic (TC) rule promulgated pursuant to HSWA authority, as well as the characteristics of EP toxicity regulations promulgated under non-HSWA authority; thus, authorized States are not required to adopt them.

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-
ALENT	MORE
STRIN-
GENT	LESS
STRIN-
GENT	BROADER
IN
 SCOPE	
	PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE							
	SUBPART A - GENERAL							
†	EXCLUSIONS							
	non-terne plated used oil filters not mixed with waste listed in Part 261, subpart C if oil filters have been gravity hot-drained using one of the following methods:	261.4(b)(15)						
	puncturing the filter anti-drain back valve of the filter dome end and hot-draining	261.4(b)(15)(i)						
	hot-draining and crushing	261.4(b)(15)(ii)						
	dismantling and hot-draining	261.4(b)(15)(iii)						
	any other equivalent hot-draining method which will remove used oil	261.4(b)(15)(iv)