Ohio Admin. Code 3745-279-44 - Rebuttable presumption for used oil for transporters
(A) To ensure that
used oil is not a hazardous waste under the rebuttable presumption of paragraph
(B)(1)(b) of rule
3745-279-10
of the Administrative Code, 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 one thousand parts per million(ppm).
(B) The transporter must make this
determination by:
(1) Testing the used oil ;
or
(2) Applying knowledge of the
halogen content of the used oil in light of the materials or processes used.
(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,
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 metalworking 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 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 rule must be maintained by the transporter 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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