Md. Code Regs. 26.13.10.05 - Management Standards for Used Oil
A. Purpose. This regulation identifies
circumstances under which used oil is regulated as hazardous waste, and
identifies other regulations with which persons managing used oil are required
to comply.
B. Applicability. This
regulation applies to used oil as defined in COMAR
26.13.01.03 s B, and to other
materials, whether or not the used oil or other materials exhibit any
characteristics of hazardous waste identified in COMAR
26.13.02.10 s -----.14.
C. Mixtures of Used Oil and Waste that is
Listed as Hazardous.
(1) Mixtures of used oil
and waste that is listed as hazardous in COMAR
26.13.02.16 s -----.19 are subject
to regulation as hazardous waste under COMAR 26.13.01 -----26.13.09 and
Regulations .01-----.04 of this chapter rather than as used oil under COMAR
26.10.15.
(2) Rebuttable
Presumption for Used Oil. Except as provided in COMAR
26.13.02.04 s -1A(11), used oil
containing more than 1,000 parts per million total halogens is regulated as a
hazardous waste because it is presumed to have been mixed with halogenated
hazardous waste listed in COMAR
26.13.02.16 s -----.19.
D. Mixtures of Used Oil and
Characteristic Hazardous Waste. Mixtures of used oil and hazardous waste that
solely exhibits one or more of the hazardous waste characteristics identified
in COMAR 26.13.02.11 s -----.14 are
regulated as:
(1) Hazardous waste rather than
used oil under COMAR 26.10.15 if the resultant mixture exhibits any of the
characteristics of hazardous waste; or
(2) Used oil under COMAR 26.10.15 if the
resultant mixture does not exhibit any of the characteristics of hazardous
waste.
E. Mixing Used
Oil and Characteristic Hazardous Waste.
(1)
Except as provided in §E(2) and (3) of this regulation, a person may not
mix the following hazardous wastes with used oil as a means of rendering the
waste nonhazardous:
(a) Hazardous waste that
solely exhibits one or more of the hazardous waste characteristics identified
in COMAR 26.13.02.11 s -----.14;
and
(b) Hazardous waste that is
listed in COMAR
26.13.02.16 s -----.19 solely
because it exhibits one or more of the hazardous waste characteristics
identified in COMAR
26.13.02.11 s -----.14.
(2) Section E(1) of this
regulation does not prohibit incidental mixing of oil and characteristic
hazardous waste that may occur during the intended use of the oil.
(3) A person may mix used oil with waste that
is hazardous solely because it exhibits the characteristic of ignitability as
identified in COMAR
26.13.02.11 s if the mixture is to
be burned for energy recovery.
F. A person who generates hazardous waste
that is subject to reduced regulatory requirements under COMAR
26.13.02.05 s shall comply with
§E of this regulation with respect to mixing the waste with used
oil.
G. Materials Containing or
Otherwise Contaminated with Used Oil.
(1)
Except as provided in §G(2) of this regulation, materials containing or
otherwise contaminated with used oil from which the used oil has been properly
drained or removed to the extent possible, so that no visible signs of
free-flowing oil remain in or on the material; are
(a) Not regulated as used oil; and
(2) Materials containing or otherwise
contaminated with used oil that are burned for energy recovery are subject to
regulation as used oil under COMAR 26.10.15 and
26.11.09.10 s.
(3) Used oil drained or removed from
materials containing or otherwise contaminated with used oil is subject to
regulation as used oil under COMAR 26.10.15.
H. Mixtures of Used Oil with Products.
(1) Except as provided in §H(2) of this
regulation, mixtures of used oil and fuels or other fuel products are subject
to regulation as used oil under COMAR 26.10.15.
(2) Mixtures of used oil and diesel fuel
mixed on-site by the generator of the used oil for use in the generator's own
vehicles are not subject to this regulation or to COMAR 26.10.15 once the used
oil and diesel fuel have been mixed.
(3) Before used oil and diesel fuel are mixed
for use in the generator's own vehicles, the used oil is subject to regulation
under COMAR 26.10.15.
I.
Materials Derived from Used Oil.
(1)
Materials that are reclaimed from used oil that are used beneficially and are
not burned for energy recovery or used in a manner constituting disposal, such
as re-refined lubricants, are not:
(a)
Regulated as used oil; and
(b)
Solid wastes and are not subject to the hazardous waste regulations of COMAR
26.13.01-----26.13.10, as provided in COMAR
26.13.02.03 s C(2).
(2) Materials produced from used
oil that are burned for energy recovery, such as used oil fuels, are subject to
regulation as used oil under COMAR 26.10.15 and
26.11.09.10 s.
(3) Except as provided in COMAR
26.13.02.04 s -1A(15), materials
derived from used oil that are disposed of or used in a manner constituting
disposal are:
(a) Solid wastes and are
regulated as hazardous waste if they meet the definition of hazardous waste
under COMAR
26.13.02.03 s; and
(b) Not regulated as used oil.
J. A person managing
used oil shall also determine if the management of the used oil is regulated
under COMAR 26.10.15, as described in COMAR
26.10.15.01 s.
Notes
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