This rule identifies those materials which are subject to
regulation as used oil under Chapter 3745-279 of the Administrative Code. This
rule also identifies some materials that are not subject to regulation as used
oil under Chapter 3745-279 of the Administrative Code, and indicates whether
these materials may be subject to regulation as hazardous waste under Chapters
3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code.
[Note: Ohio EPA presumes that used
oil is to be recycled unless a used oil handler disposes of used oil, or sends
used oil for disposal.]
(A)
Used oil.
Ohio EPA presumes that used oil is to be
recycled unless a used oil handler disposes of used oil, or sends used oil for
disposal. Except as provided in rule
3745-279-11
of the Administrative Code,
the rules in
Chapter 3745-279 of the Administrative Code
apply
applies to used
oil, and to materials identified in this rule as being subject to regulation as
used oil, whether or not the used oil or material exhibits any characteristics
of hazardous waste identified in rules
3745-51-20
to
3745-51-24
of the Administrative Code.
(B)
Mixtures of used oil and hazardous waste.
(1)
Listed hazardous waste.
(a) Except as
provided in paragraphs (B)(2) and (B)(3) of this rule, mixtures of used oil and
hazardous waste
that is listed in rules
3745-51-30
to
3745-51-35
of the Administrative Code are subject to regulation as hazardous waste under
Chapters 3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code, rather than as used oil under Chapter 3745-279 of the
Administrative Code.
(b) Rebuttable
presumption for used oil. Used oil
containing
that
contains more than one thousand parts per million (ppm) total halogens is
presumed to be a hazardous waste because
it
the used oil has
been mixed with halogenated hazardous waste listed in rules
3745-51-30
to
3745-51-35
of the Administrative Code. Persons may rebut this 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 the appendix to rule
3745-51-11
of the Administrative Code).
(i) The
rebuttable presumption does not apply to metalworking
oils/ fluids containing
oils or fluids that contain chlorinated paraffins, if
they
such oils or
fluids are processed, through a tolling arrangement as described in
paragraph (C) of rule
3745-279-24
of the Administrative Code, to reclaim metalworking
oils/fluids
oils or
fluids. The presumption does apply to metalworking
oils/fluids
oils or
fluids if such
oils/fluids
oils or fluids are recycled in any other manner, or
disposed.
(ii) 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 from sources other than
refrigeration units.
(2) Characteristic hazardous waste. Mixtures
of
used oil and hazardous waste that solely
exhibit one or more of the hazardous waste characteristics identified in rules
3745-51-20
to
3745-51-24
of the Administrative Code
and used oil,
and mixtures of
used oil andhazardous waste that
is listed in rules
3745-51-30
to
3745-51-35
of the Administrative Code solely because
it
the listed hazardous
waste exhibits one or more of the characteristics of hazardous waste
identified in rules
3745-51-20
to
3745-51-24
of the Administrative Code
and used oil,
are subject to
one of the following:
(a) Except as provided in paragraph (B)(2)(c)
of this rule, regulation as hazardous waste under Chapters 3745-50 to 3745-69,
3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code rather
than as used oil under Chapter 3745-279 of the Administrative Code, if the
resultant mixture exhibits any characteristics of hazardous waste identified in
rules
3745-51-20
to
3745-51-24
of the Administrative Code
; or
.
(b)
Except as specified in paragraph (B)(2)(c) of this rule, regulation as used oil
under Chapter 3745-279 of the Administrative Code, if the resultant mixture
does not exhibit any characteristics of hazardous waste identified under rules
3745-51-20
to
3745-51-24
of the Administrative Code.
(c)
Regulation as used oil under Chapter 3745-279 of the Administrative Code, if
the mixture is of used oil and a waste which is hazardous solely because
it
the waste
exhibits the characteristic of ignitability (e.g., ignitable-only mineral
spirits), provided that the resultant mixture does not exhibit the
characteristic of ignitability under rule
3745-51-21
of the Administrative Code.
(3)
Conditionally
exempt
Very small quantity generator
hazardous waste. Mixtures of used oil and
conditionally exempt
very small quantity generator hazardous waste
regulated under rule
3745-51-05
3745-52-14 of the Administrative Code are subject to
regulation as used oil under Chapter 3745-279 of the Administrative
Code.
(C) Materials
containing
that
contains or
is otherwise contaminated with
used oil.
(1) Except as provided in paragraph
(C)(2) of this rule, materials
containing
that
contain or
are otherwise contaminated with
used oil from which the used oil has been properly drained or removed to the
extent possible such that no visible signs of free-flowing oil remain in or on
the material
are both of the following:
(a)
Are
not
Not used oil and thus not subject to
Chapter 3745-279 of the Administrative Code
,
and
.
(b) If applicable, are subject to the
hazardous waste rules of Chapters 3745-50 to 3745-69, 3745-205,
3745-256, 3745-266, and 3745-270 of the Administrative Code.
(2) Materials
containing
that
contain or
are otherwise contaminated with
used oil that are burned for energy recovery are subject to regulation as used
oil under Chapter 3745-279 of the Administrative Code.
(3) Used oil drained or removed from
materials
containing
that contain or otherwise
are contaminated with used oil is subject to
regulation as used oil under Chapter 3745-279 of the Administrative Code.
(D) Mixtures of used
oil with products.
(1) Except as provided in
paragraph (D)(2) of this rule, mixtures of used oil and fuels or other fuel
products are subject to regulation as used oil under Chapter 3745-279 of the
Administrative Code.
(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 Chapter 3745-279 of the
Administrative Code once the used oil and diesel fuel have been mixed. Prior to
mixing, the used oil is subject to
the requirements
of rules
3745-279-20
to
3745-279-24
of the Administrative Code.
(E) 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 (e.g., re-refined lubricants) are:
(a) Not used oil and thus are not subject to
Chapter 3745-279 of the Administrative Code
,
and
.
(b) Not wastes and are thus not subject to
the hazardous waste regulations of Chapters
3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code as provided in paragraph (C)(2)(a) of rule
3745-51-03
of the Administrative Code.
(2) Materials produced from used oil that are
burned for energy recovery (e.g., used oil fuels) are subject to regulation as
used oil under Chapter 3745-279 of the Administrative Code.
(3) Except as provided in paragraph (E)(4) of
this rule, materials derived from used oil that are disposed of or used in a
manner constituting disposal are
both of the
following:
(a) Not used oil and thus
are not subject to Chapter 3745-279 of the Administrative Code
, and
.
(b)
Are
wastes
Wastes and thus are subject to
the hazardous waste regulations of Chapters
3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code if the materials are listed or identified as hazardous
wastes.
(4) Used oil
re-refining distillation bottoms that are used as feedstock to manufacture
asphalt products are not subject to Chapter 3745-279 of the Administrative
Code.
(F) Wastewater.
Wastewater, the discharge of which is subject to regulation under either
section 402 or section 307(b) of the Clean Water Act (including wastewaters at
facilities which have eliminated the discharge of wastewater), contaminated
with de minimis quantities of used oil are not subject to the requirements of
Chapter 3745-279 of the Administrative Code. For purposes of this paragraph,
"de minimis" quantities of used oils are defined as small spills, leaks, or
drippings from pumps, machinery, pipes, and other similar equipment during
normal operations or small amounts of oil lost to the wastewater treatment
system during washing or draining operations. This exception
will
shall not
apply if the used oil is discarded as a result of abnormal manufacturing
operations resulting in substantial leaks, spills, or other releases, or to
used oil recovered from wastewaters.
(G) Used oil introduced into crude oil
pipelines or a petroleum refining facility.
(1) Used oil mixed with crude oil or natural
gas liquids (e.g., in a production separator or crude oil stock tank) for
insertion into a crude oil pipeline is exempt from the requirements of Chapter 3745-279 of the
Administrative Code. The used oil is subject to the
requirements of Chapter 3745-279 of the Administrative Code prior to
the mixing of used oil with crude oil or natural gas liquids.
(2) Mixtures of used oil and crude oil or
natural gas liquids containing less than one per cent used oil that are being
stored or transported to a crude oil pipeline or petroleum refining facility
for insertion into the refining process at a point prior to crude distillation
or catalytic cracking are exempt from the
requirements of Chapter 3745-279 of the Administrative
Code.
(3) Used oil that is inserted
into the petroleum refining facility process before crude distillation or
catalytic cracking without prior mixing with crude oil is exempt from
the requirements of Chapter 3745-279 of the
Administrative Code provided that the used oil constitutes less than one per
cent of the crude oil feed to any petroleum refining facility process unit at
any given time. Prior to insertion into the petroleum refining facility
process, the used oil is subject to the requirements
of Chapter 3745-279 of the Administrative Code.
(4) Except as provided in paragraph (G)(5) of
this rule, used oil that is introduced into a petroleum refining facility
process after crude distillation or catalytic cracking is exempt from
the requirements of Chapter 3745-279 of the
Administrative Code only if the used oil meets the specifications of rule
3745-279-11
of the Administrative Code. Prior to insertion into the petroleum refining
facility process, the used oil is subject to
the
requirements of Chapter 3745-279 of the Administrative Code.
(5) Used oil that is incidentally captured by
a hydrocarbon recovery system or wastewater treatment system as part of routine
process operations at a petroleum refining facility and inserted into the
petroleum refining facility process is exempt from the requirements of Chapter 3745-279 of the
Administrative Code. This exemption does not extend to used oil which is
intentionally introduced into a hydrocarbon recovery system (e.g., by pouring
collected used oil into the wastewater treatment system).
(6) Tank bottoms from stock tanks containing
exempt mixtures of used oil and crude oil or natural gas liquids are exempt
from the requirements of Chapter 3745-279
of the Administrative Code.
(H) Used oil on vessels. Used oil produced on
vessels from normal shipboard operations is not subject to Chapter 3745-279 of
the Administrative Code until
it
such used oil is transported ashore.
(I) Used oil containing polychlorinated
biphenyls (PCBs). Used oil
containing
that contains "PCBs
,"
(as defined at 40
CFR
C.F.R.761.3
)
, at any concentration less than fifty parts per
million (ppm) is subject to
the requirements
of Chapter 3745-279 of the Administrative Code unless, because of
dilution,
it
such
used oil is regulated under 40
CFR
C.F.R. Part 761 as
a used oil
containing
that contains PCBs at fifty ppm or greater.
PCB-containing used oil subject to
the requirements
of Chapter 3745-279 of the Administrative Code may also be subject to
the prohibitions and requirements of 40
CFR
C.F.R. Part 761,
including 40
CFR
C.F.R.761.20(d) and 40
CFR
C.F.R. 761.20(e).
Used oil
containing
that contains PCBs at concentrations of fifty ppm or
greater is not subject to
the requirements
of Chapter 3745-279 of the Administrative Code, but is subject to
regulation under 40
CFR
C.F.R. Part 761. No person may avoid these provisions
by diluting used oil
containing
that contains PCBs, unless otherwise specifically
provided for in Chapter 3745-279 of the Administrative Code or in 40
CFR
C.F.R.
Part 761.
[Comment: For dates of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see rule
3745-50-11
of the Administrative Code titled "Incorporated by reference."]
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11
of the Administrative Code titled "Incorporated by reference".]