06-096 C.M.R. ch. 860, § 4 - Identification of Waste Oil

A. Waste oil includes, but is not limited to, the following petroleum based oils (used or unused) which have become unsuitable for their original purpose due to the presence of impurities or loss of original properties.

(1) automotive crankcase and lubricating oils;

(2) industrial lube oils including metal working oils, railroad and marine oils and turbine lubricating oils;

(3) industrial non-lube oils including hydraulic, transmission, quenching oils and non-PCB (less than 50 ppm) transformer oils;

(4) oil recovered from oil tank cleaning operations and deballasting operations;

(5) oil spilled to land or water.

Exclusions:

The following materials are not waste oil for the purpose of this rule:

(1) oily waste debris generated from the clean-up of oil spills;

(2) water generated from oil/water separation processes at a waste oil facility.

(3) mineral spirits having a flash point less than 60[DEGREE] C (140[DEGREE] F).

B. Specification Waste Oil: Waste oil which meets all of the following standards which does not otherwise exhibit hazardous waste characteristics, and which has not been mixed with a hazardous waste may be offered for sale as a fuel supplement for use in non-industrial boilers and non-industrial furnaces as well as in industrial boilers and industrial furnaces:

Constituent/Property	Allowable Level*
Arsenic	5.0 ppm maximum
Cadmium	2.0 ppm maximum
Chromium	10 ppm maximum
Lead	100 ppm maximum
Polychlorinated Biphenyls (PCBs)	10 ppm maximum
Total Halogens	1,000 ppm maximum
Flash Point	100[DEGREE] F minimum

*Concentrations are in parts per million on a dry weight basis. Values for metals are for total metal concentration, not EP Toxic concentration.

C. Off-Specification Waste Oil: Waste oil which meets all of the following standards, which does not otherwise exhibit hazardous waste characteristics, and which has not been mixed with a hazardous waste may be offered for sale as a fuel supplement for use only in industrial boilers or industrial furnaces having a heat input capacity of at least 10 million BTUs/hour or for use as a feedstock to rerefiners.

Constituent/Property	Allowable Level*
Arsenic	18 ppm, maximum
Cadmium	10 ppm. maximum
Chromium	35 ppm maximum
Lead	1,000 ppm maximum
Polychlorinated Biphenyls (PCBs)	49 ppm maximum
Total Halogens	4,000 ppm maximum
Flash Point	100[DEGREE] F minimum

*Concentrations are in parts per million on a dry weight basis. Values for metals are for total metal concentration, not EP Toxic concentration.

D. Waste Oil Which Must Be Managed As A Hazardous Waste: Waste oil which has been mixed with a hazardous waste, or which exhibits hazardous waste characteristics except as provided for in the exemptions from Ignitability and EP Toxicity for Metals as stated in Section 4B and 4C, or which does not meet the standards set forth in Section 4C of this rule shall be considered hazardous waste and is subject to the provisions of 38 M.R.S.A., Section1301, et seq., dealing with hazardous waste. Persons in possession of such waste oil shall be treated as hazardous waste generators and are subject to Chapter 851 of the Department's Hazardous Waste Management Rules relating to the storage, packaging, labeling and transportation of hazardous waste.

E. Prohibition Against Blending To Meet Specifications: Waste oil which is determined to be a hazardous waste under Section 4D of this rule shall not be blended to meet the standards set forth in Sections 4B or 4C.

F. Prohibition Against Mixing with a Hazardous Waste: The mixing with waste oil of a substance identified as a hazardous waste in Chapter 850 of the Department's Hazardous Waste Management Rules is prohibited.

G. Prohibition Against Road Oiling: The application of waste oil to roads or other land areas is prohibited.

Notes

06-096 C.M.R. ch. 860, § 4