Haw. Code R. §§ 11-279.44 - Rebuttable presumption for used oil
(a) To ensure that
used oil is not a hazardous waste under the rebuttable presumption of
§279.10(b)(1)(ii), the used oil transporter must determine whether the
total halogen content of used oil being transported or stored at a transfer
facility is above or below 1,000 ppm.
(b) The transporter must make this
determination by testing the used oil by analytical or field test.
(c) If the used oil contains greater than or
equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste
because it has been mixed with halogenated hazardous waste listed in subpart D
of part 261 of this chapter. 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 appendix VIII of part 261 of this
chapter).
(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 §279.24(c),
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 if 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 section must be maintained by the
transporter for at least 3 years.
Notes
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