40 CFR 279: EPA Used Oil Management Standards

Regulatory citation: 40 CFR Part 279, Standards for the Management of Used Oil

What Are EPA's Used Oil Management Standards?

40 CFR Part 279 regulates used oil, meaning oil refined from crude or synthetic oil that has been used and contaminated by physical or chemical impurities. EPA presumes used oil will be recycled, and Part 279 sets standards for generators, collection centers, transporters, processors, burners and marketers. Subpart C covers generators, such as vehicle maintenance shops and manufacturers.

Why Used Oil Management Matters

Used oil can contain heavy metals and other contaminants that pollute soil and water when it leaks or is dumped. Managing it under Part 279 also keeps it out of the more demanding hazardous waste rules.

Core Requirements

1. Who Is a Generator

A used oil generator is any person, by site, whose process produces used oil. Household do-it-yourselfers, vessels, mixtures of used oil and diesel fuel made by the generator for its own vehicles, and farmers who average 25 gallons or less per month are excluded from Subpart C.

2. Don't Mix With Hazardous Waste

Mixing used oil with listed hazardous waste makes the mixture a hazardous waste. Used oil with more than 1,000 ppm total halogens is presumed to have been mixed with listed halogenated hazardous waste. The generator can rebut this presumption by showing the oil doesn't contain significant amounts of halogenated hazardous constituents.

3. Proper Storage

Used oil must be stored in tanks or containers, or in units regulated under 40 CFR Parts 264 or 265. Containers and aboveground tanks must be in good condition, with no severe rusting, apparent structural defects or deterioration, and must not leak.

4. Label "Used Oil"

Containers, aboveground tanks and fill pipes used to transfer used oil into underground storage tanks must be clearly labeled or marked with the words "Used Oil."

5. Respond to Releases

When used oil is released, the generator must stop the release, contain it, clean up and properly manage the oil and other materials, and repair or replace leaking containers or tanks before returning them to service.

6. Off-Site Shipments

Used oil must generally be shipped with transporters that have an EPA identification number. Generators may self-transport up to 55 gallons at a time in their own or an employee's vehicle to a government-approved collection center or to their own aggregation point.

Common Compliance Approaches

Label at the Point of Generation

Mark drums, drain pans and tanks "Used Oil" as soon as they are put into service.

Segregate Solvents and Cleaners

Keep parts washer solvents, brake cleaners and other wastes out of used oil containers.

Inspect and Stock Spill Kits

Check containers for leaks and rust regularly, and keep absorbents near storage areas.

Example: Used Oil Management in Practice

A fleet maintenance shop drains engine oil into a 275-gallon aboveground tank labeled "Used Oil" and inspects it weekly for leaks. Technicians are trained not to pour solvents into the tank. A transporter with an EPA identification number collects the oil each month, and the shop keeps the pickup records. When a drain pan tips over, staff stop the spill, contain it with absorbent and manage the waste properly.

Related regulations: EPA SPCC Rule, EPA Hazardous Waste Generators, EPA Underground Storage Tanks, EPA Universal Waste Rule.

Note: This summary reflects federal EPA requirements. Many states run these programs under EPA authorization and may have additional or more stringent requirements. Always check the current regulation text and any state rules that apply to you.

Frequently Asked Questions

Is used oil a hazardous waste?

Used oil that is recycled is generally managed under Part 279 rather than as hazardous waste. However, used oil mixed with listed hazardous waste, or presumed mixed because it has more than 1,000 ppm total halogens and the presumption isn't rebutted, is regulated as hazardous waste.

What label does a used oil container need?

Containers and aboveground tanks storing used oil, and fill pipes for underground tanks, must be clearly labeled or marked with the words "Used Oil."

Can I haul my own used oil?

Yes, within limits. Generators may transport up to 55 gallons at a time in their own or an employee's vehicle to a government-approved collection center or to their own aggregation point without an EPA identification number.