Authority: IC 13-14-8; IC 13-19-3
Affected: IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23;
IC 13-30
Sec. 4.
(a) To
ensure that used oil managed at a used oil burner facility is not hazardous
waste under the rebuttable presumption of
329 IAC
13-3-1(b)(1)(B), a used oil burner
must determine whether the total halogen content of used oil managed at the
facility is above or below one thousand (1,000) parts per million.
(b) The used oil burner must determine if the
used oil contains above or below one thousand (1,000) parts per million 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 or refiner subject to regulation under
329 IAC
13-7, using information provided by the processor or
re-refiner.
(c) If the
used oil contains greater than or equal to one thousand (1,000) parts per
million total halogens, it is presumed to be a hazardous waste because it has
been mixed with halogenated hazardous waste listed in 40 CFR
261, Subpart D*.
The owner or operator may rebut the presumption by demonstrating that the used
oil does not contain hazardous waste. For example, this may be done by showing
that the used oil does not contain significant concentrations of halogenated
hazardous constituents listed in 40 CFR
261, Appendix VIII. The rebuttable
presumption does not apply to the following:
(1) Metalworking oils or fluids containing
chlorinated paraffins, if they are processed, through a tolling arrangement as
described in
329 IAC 13-4-5(c)
[sic,
329 IAC 13-4-5
], to reclaim metalworking oils or fluids. The presumption does apply
to metalworking oils or fluids if the oils or fluids are recycled in any other
manner or disposed.
(2) 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) Records of analyses conducted or
information used to comply with this section must be maintained by the burner
for at least three (3) years.
*This document is incorporated by reference. Copies may be
obtained from the Government Printing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.