[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.53]

[Page 454-455]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 279_STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
       Subpart F_Standards for Used Oil Processors and Re-Refiners
 
Sec. 279.53  Rebuttable presumption for used oil.

    (a) To ensure that used oil managed at a processing/re-refining 
facility is not hazardous waste under the rebuttable presumption of 
Sec. 279.10(b)(1)(ii), the owner or operator of a used oil

[[Page 455]]

processing/re-refining facility must determine whether the total halogen 
content of used oil managed at the facility is above or below 1,000 ppm.
    (b) The owner or operator 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, P.O. 
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 agreement, 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.

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

    Effective Date Note: At 70 FR 34591, June 14, 2005, Sec. 279.53 was 
amended by revising the introductory text to paragraph (c), effective 
July 14, 2005. For the convenience of the user, the revised text is set 
forth as follows:

Sec. 279.53  Rebuttable presumption for used oil.

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    (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 showing that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter).

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