In re Petro West, Inc.

Case Number
No. II-RCRA-95-0306
Citation
28 ELR 47217
Court
EPA ALJ

An administrative law judge (ALJ) holds that an oil facility is liable under Resource Conservation and Recovery Act (RCRA) § 3008 for violating several used oil regulations. The ALJ first holds that the facility failed to rebut the presumption that its used oil activity is subject to 40 C.F.R. part 279.11. None of the analyses relied on by the facility support its claim that the used oil it transported, processed, and marketed was on-specification used oil.