§ 298.63. Rebuttable presumption for waste oil.
(a) To ensure that waste oil managed at a waste oil burner facility is not hazardous waste under the rebuttable presumption of § 298.10(b)(1)(ii) (relating to applicability), a waste oil burner shall determine whether the total halogen content of waste oil managed at the facility is above or below 1,000 parts per million.
(b) The waste oil burner shall determine if the waste oil contains above or below 1,000 parts per million total halogens by one of the following:
(1) Testing the waste oil.
(2) Applying knowledge of the halogen content of the waste oil in light of the materials or processes used.
(3) If the waste oil has been received from a processor/rerefiner subject to regulation under Subchapter F (relating to waste oil processing/rerefining facilities), using information provided by the processor/rerefiner.
(c) Waste oil containing more than 1,000 parts per million total halogens, is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed under 40 CFR Part 261, Subpart D (relating to lists of hazardous waste), incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope). A person may rebut this presumption by demonstrating that the waste oil does not contain hazardous waste. For example, by using an analytical method from the current edition of SW-846 to show that the waste oil does not contain significant concentrations of halogenated hazardous constituents identified in 40 CFR Part 261, Appendix VIII (relating to hazardous constituents), incorporated by reference in § 261a.1. EPA publication SW-846, current edition, is available from the Government Printing Office, Superintendent of Documents, Post Office Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 512-1800 (Document number 955-001-00000-1). Another way of rebutting this presumption is to demonstrate that the halogenated constituents are from wastes generated by households and, therefore, under 40 CFR 261.4(b)(1) (relating to exclusions), incorporated by reference in § 261a.1 are excluded from regulation as hazardous waste.
(1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 298.24(c) (relating to offsite shipments), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if the oils/fluids are recycled in any other manner, or disposed.
(2) The rebuttable presumption does not apply to waste oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFCs are destined for reclamation. The rebuttable presumption does apply to waste oils contaminated with CFCs that have been mixed with waste oil from sources other than refrigeration units.
(d) Record retention. Records of analyses conducted or information used to comply with subsections (a)—(c) shall be maintained by the burner for at least 3 years.
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