Ohio Admin. Code 3745-279-63 - Rebuttable presumption for used oil for burners
(A) To ensure that used oil managed at a used
oil burner facility is not hazardous waste under the rebuttable presumption of
paragraph (B)(1)(b) of rule
3745-279-10
of the Administrative Code, a used oil burner must determine whether the total
halogen content of used oil managed at the facility is above or below one
thousand parts per million(ppm).
(B) The used oil burner must determine if the
used oil contains above or below one thousand ppm 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/re-refiner subject to regulation under rules
3745-279-50
to
3745-279-59
of the Administrative Code, using information provided by the
processor/re-refiner.
(C) If the used oil contains greater than or
equal to one thousand ppm total halogens, it is presumed to be a hazardous
waste because it has been mixed with halogenated hazardous waste listed in
rules
3745-51-30
to
3745-51-35
of the Administrative Code. 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 the appendix to rule
3745-51-11
of the Administrative Code).
(1) The
rebuttable presumption does not apply to metal working oils/fluids containing
chlorinated paraffins, if they 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. 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 from sources other than refrigeration units.
(D) Record retention. Records of analyses
conducted or information used to comply with paragraphs (A), (B), and (C) of
this rule must be maintained by the burner for at least three years.
Notes
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 10/20/1998, 12/07/2000
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