RCRA REVISION CHECKLIST 122

Recycled Used Oil Management Standards;
Technical Amendments and Corrections I
58 FR 26420-26426
May 3, 1993
as amended on June 17, 1993 at 58 FR 33341-33342
(RCRA Cluster III, both HSWA and non-HSWA provisions)

1	abNotes:  )  This rule corrects several technical errors and provides clarifying amendments to the recycled used oil management standards rule, published September 10, 1992 (57 FR 41566; Revision Checklist 112).  This rule also corrects an error in the May 20, 1992 Used Oil Filter rule (57 FR 21524; Revision Checklist 104).

2)  On March 4, 1994 EPA published a final rule (59 FR 10550; Revision Checklist 130) which provided clarifying amendments to the September 10, 1992 final rule, expanded the exemption from the Part 279 requirements to other petroleum refinery applications and corrected an error in the May 3, 1993 final rule addressed by this current checklist.  States which are not authorized for Revision Checklist 112 are strongly encouraged to adopt these present technical amendments and corrections and the ones addressed by Revision Checklist 130 at the same time the requirements addressed by Revision Checklist 112 are adopted.  A checklist which consolidates the Checklist 112, 122 and 130 provisions has been developed to help States apply for these three checklists concurrently.  That consolidated checklist will be available shortly after Revision Checklist 130 is available.  States that have already adopted Checklist 112 are encouraged to adopt Revision Checklists 122 and 130 as soon as possible.  States that choose to adopt the consolidated version of the recycled used oil management standards will have until the due date for Revision Checklist 130 to make these changes.

3)  This present rule also amends the rule addressed by Revision Checklist 104, States that have already adopted that checklist are encouraged to adopt Checklist 122 as soon as possible.

4)  The preamble to the September 10, 1992 rule (57 FR 41566; Revision Checklist 112) indicated 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.  However, EPA has now determined that by the addition of Section 3006(h) to RCRA in 1986, it was not Congress's intent to make the original used oil recycling requirements in 266, Subpart E suddenly unenforceable in authorized states.  266 Subpart E (November 29, 1985; 50 FR 49164; Revision Checklist 19) was primarily recodified in certain portions of Part 279 (specifically 279.10, 279.11, and portions of 279.1 and Subparts G and H) by the September 10, 1992 rule.  Since these provisions were originally promulgated under HSWA, they remain HSWA requirements and will continue to be enforced by EPA until a State becomes authorized for them.  The HSWA provisions changed by this checklist are designated by a "Ë" (diamond symbol).

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE							
	SUBPART A - GENERAL							
	EXCLUSIONS							
	261.4(b)(15) redesignated as (b)(13)	261.4(b)(13)						
	add paragraph excluding from regulation used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products	261.4(b)(14)						
	redesignate as 261.4(b)(13)	261.4(b)(15)						
	SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS							
	delete "subpart G of" before "part 279"	261.5(j)						

	PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE, AND APPLICABILITY							
	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)	264.1(g)(2)						

	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)	265.1(c)(6)						
	PART 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL							
	SUBPART A - DEFINITIONS							
	DEFINITIONS							
Ë	change "if contaminated" to "is contaminated"	279.1 "used oil"						

	SUBPART B - APPLICABILITY							
	APPLICABILITY							
,Ë	change "exhibits a" to "solely exhibits one or more of the"; after "chapter", insert "and mixtures of used oil and hazardous waste that is listed in subpart D solely because it exhibits one or more of the characteristics of hazardous waste identified in subpart C"	279.10(b)(2)						
Ë	change "Regulation" to "Except as specified in § 279.10(b)(2)(iii), regulation"	279.10(b)(2)(ii)						
Ë	change "because if" to "because it"	279.10(b)(2)(iii)						
	replace old paragraph with new heading: "Materials containing or otherwise contaminated with used oil"	279.10(c)						
	add new subparagraph; 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:	279.10(c)(1)						
	are not used oil; not subject to Part 279	279.10(c)(1)(i)						
	subject to Parts 124, 260-266, 268, and 270 if applicable	279.10(c)(1)(ii)						
	add new subparagraph; materials containing or otherwise contaminated with used oil that are burned for energy recovery subject to Part 279	279.10(c)(2)						
	add new subparagraph; used oil drained or removed from materials containing or otherwise contaminated with used oil subject to Part 279	279.10(c)(3)						
	change "or other products" to "or other fuel products"	279.10(d)(1)						
	change "identified as hazardous waste" to "listed or identified as hazardous wastes"	279.10(e)(3)(ii)						
	change "Re-refining" to "Used oil re-refining"; change "are:" to "are not subject to this part."	279.10(e)(4)						
	removed	279.10(e)(4)(i)&(ii)						
	replace existing paragraph; change heading to "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	279.10(i)						
	USED OIL SPECIFICATIONS							
†,Ë,
	after Table 1, add note regarding applicable standards for burning used oil containing PCBs	279.11, Table 1, note						
	PROHIBITIONS							
	add new paragraph; hazardous waste incinerators subject to regulation under subpart O of 264 or 265	279.12(c)(3)						
	SUBPART C - STANDARDS FOR USED OIL GENERATORS							
	HAZARDOUS WASTE MIXING							
	replace existing paragraph; mixtures of used oil and hazardous waste must be managed in accordance with 279.10(b)	279.21(a)						
	USED OIL STORAGE							
	remove first sentence	279.22						
	ON-SITE BURNING IN SPACE HEATERS							
Ë	remove old 279.23(b) and redesignate old 279.23(a) as 279.23	279.23						
Ë	old 279.23(a)(1) redesignated as 279.23(a)	279.23(a)						
Ë	old 279.23(a)(2) redesignated as 279.23(b)	279.23(b)						
Ë	old 279.23(a)(3) redesignated as 279.23(c)	279.23(c)						
	SUBPART E - STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES							
	APPLICABILITY							
	in first sentence, change "generated by" to "from" and delete "from the initial generator"	279.40(a)(4)						
	delete "of this partuel Marketers"	279.40(d)(4)						
	NOTIFICATION							
	no change to September 10, 1992 text; see Endnote 	279.42(a)						
	add "ordering information for" after "obtain"	279.42(b)(1)						
	USED OIL TRANSPORTATION							
	change heading to "DOT Requirements"; replace existing text; 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	279.43(b)						
	USED OIL STORAGE AT TRANSFER FACILITIES							
	remove first sentence; in the third sentence, change "generators" to "transporters"	279.45						
	change "." at end of paragraph to "; or"	279.45(d)(1)(ii)						
	add new paragraph regarding equivalent secondary containment system	279.45(d)(1)(iii)						
	SUBPART F - STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS							
	NOTIFICATION							
	no change to September 10, 1992 text; see Endnote 	279.51(a)						
	GENERAL FACILITY STANDARDS							
	change "paragraph (h)" to "paragraphs (b)(6)(viii)(A) and (B)"	279.52(b)(6)(viii)(C)						
	USED OIL MANAGEMENT							
	remove first sentence; in the third sentence, change "generators" to "processors/re-refiners"	279.54						
	remove "or process"	279.54(a)						
	change "." to "; or" at end of paragraph	279.54(c)(1)(ii)						
	add new paragraph regarding equivalent secondary containment system	279.54(c)(1)(iii)						
	SUBPART G - STANDARDS FOR USED OIL BURNERS WHO BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY							
	APPLICABILITY							
	change "this subpart" to "with subpart"	279.60(b)(1)						
	NOTIFICATION							
Ë,	no change to September 10, 1992 text; see Endnote 	279.62(a)						

	USED OIL STORAGE							
	remove first sentence; in third sentence, change "generators" to "burners"	279.64						
	SUBPART H - STANDARDS FOR USED OIL MARKETERS							
	APPLICABILITY							
Ë	change "section" to "subpart"	279.70(a)						
	ON-SPECIFICATION USED OIL FUEL							
Ë	remove last sentence	279.72(a)						
	NOTIFICATION							
Ë,	change "section" to "subpart"; rest of text unchanged;  see Endnote )	279.73(a)						
	TRACKING							
Ë	change "generator" to "marketer"	279.74(a)