[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.53]

[Page 490-491]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION 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 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 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 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

[[Page 491]]

from sources other than refrigeration units.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994; 
70 FR 34591, June 14, 2005]