PRO-ACT Factsheet on Regulation of Used Oil Filters

This publication was provided by PRO-ACT, the Headquaters Air Force Center for Environmental Excellence's (HQ AFCEE) information clearinghouse. Contact information for PRO-ACT appears at the end of each publication.

On May 20, 1992, the Environmental Protection Agency (EPA) promulgated a used oil filter regulation that excludes certain types of oil filters from the definition of hazardous waste. The regulation is of interest to vehicle maintenance operations, auto hobby shops, exchange service stations and any other maintenance activity that involves handling used oil filters. The regulation, published in the Code of Federal Regulations, 40 CFR 261.4(b)(13), excludes certain kinds of oil filters from the definition of hazardous waste, allowing generators to manage used oil filters as nonhazardous solid waste.

Regulatory Provisions

40 CFR 261.4 (b)(13) excludes oil filters from hazardous waste regulations provided three criteria are met: the filters must not be terne plated; must not be mixed with other hazardous waste; and must be gravity hot-drained. These criteria are further explained below.

Non-terne Plated.

Terne is an alloy of tin and lead formerly used to cover the interior of oil filters. The lead content may cause terne plated filters to exhibit a hazardous characteristic.

Mixture Rule.

According to 40 CFR 261.3 (a)(2)(ii - iv), mixtures of solid wastes and hazardous wastes are regulated as hazardous wastes. Used oil filters mixed with hazardous waste are classified as hazardous waste.

Gravity Hot-Draining.

40 CFR 261.4(b)13 specifies used oil filters must be gravity hot-draining using one of the following methods:

The EPA defines hot-draining in 57 Federal Register 21523 (the preamble to the used oil filter regulation) as draining the oil filter near engine operating temperature and above room temperature (i.e. 60EF). The EPA also recommends a minimum hot-drain time of 12 hours. The preamble also states, if an oil filter is picked up by hand or lifted by machinery and used oil immediately drips or runs from the filter, the filter should not be considered to be drained."

Recycling of Filters

EPA encourages recycling of used oil filters. Waste managers must contact recycling facilities to ensure drainage techniques and handling methods are compatible with the recycling facility's requirements. For example, filters being recycled at smelters or steel plants should be crushed. However, if components such as the gasket or filter papers are to be recycled separately or must be removed, puncturing or dismantling would be a more - appropriate drainage method.

State Regulations

States with authorized hazardous waste programs may choose to adopt the EPA regulations, or may adopt more stringent hazardous waste rules. For this reason, facilities considering recycling or disposal of used oil filters must coordinate with their state agencies.

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Last Updated: July 26, 1995