[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: 40CFR279.63]

[Page 446-447]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
  Subpart G--Standards for Used Oil Burners Who Burn Off-Specification 
                      Used Oil for Energy Recovery
 
Sec. 279.63  Rebuttable presumption for used oil.

    (a) To ensure that used oil managed at a used oil burner facility is 
not hazardous waste under the rebuttable presumption of 
Sec. 279.10(b)(1)(ii), a used oil burner must determine whether the 
total halogen content of used oil managed at the facility is above or 
below 1,000 ppm.
    (b) The used oil burner must determine if the used oil contains 
above or below 1,000 ppm total halogens by:
    (1) Testing the used oil;
    (2) Applying knowledge of the halogen content of the used oil in 
light of the materials or processes used; or
    (3) If the used oil has been received from a processor/refiner 
subject to regulation under subpart F of this part, using information 
provided by the processor/re-refiner.
    (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

[[Page 447]]

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 where the CFCs are destined for reclamation. The rebuttable 
presumption does apply to 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 burner for at least 3 years.

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