[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.44]

[Page 435-436]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
  Subpart E--Standards for Used Oil Transporter and Transfer Facilities
 
Sec. 279.44  Rebuttable presumption for used oil.

    (a) To ensure that used oil is not a hazardous waste under the 
rebuttable presumption of Sec. 279.10(b)(1)(ii), the used oil 
transporter must determine whether the total halogen content of used oil 
being transporter or stored at a transfer facility is above or below 
1,000 ppm.
    (b) The transporter must make this determination by:
    (1) Testing the used oil; or
    (2) Applying knowledge of the halogen content of the used oil in 
light of the materials or processes used.
    (c) If the used oil contains greater than or equal to 1,000 ppm 
total halogens, it is presumed to be a hazardous waste because it has 
been mixed with halogenated hazardous waste listed in subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an analytical method from SW-846, Edition III, to show 
that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in Appendix VIII of part 261 
of this chapter). EPA Publication SW-846, Third Edition, is available 
from the Government Printing Office, Superintendent of Documents, PO Box 
371954, Pittsburgh, PA 15250-7954. (202) 512-1800 (document number 955-
001-00000-1).
    (1) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling arrangement as described in Sec. 279.24(c), to reclaim 
metalworking oils/fluids. The presumption does apply to metalworking 
oils/fluids if such oils/fluids are recycled in any other manner, or 
disposed.
    (2) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units if the CFC are destined for reclamation. The rebuttable 
presumption does apply to

[[Page 436]]

used oils contaminated with CFCs that have been mixed with used oil from 
sources other than refrigeration units.
    (d) Record retention. Records of analyses conducted or information 
used to comply with paragraphs (a), (b), and (c) of this section must be 
maintained by the transporter for at least 3 years.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]