[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR279.44]



[Page 487-488]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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



[[Page 488]]



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).

    (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 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; 

70 FR 34591, June 14, 2005]