La. Admin. Code tit. 33 § V-4033

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-4033 - Rebuttable Presumption for Used Oil

A. To ensure that used oil is not a hazardous waste under the rebuttable presumption of LAC 33:V.4003.B.1.b, 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:

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 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste, which is listed in LAC 33:V.4901. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (e.g., by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in LAC 33:V.3105, Table 1).

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 LAC 33:V.4017.D, 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 LAC 33:V.4033.A-C must be maintained by the transporter for at least three years.

La. Admin. Code tit. 33, § V-4033

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:266 (March 1995), amended LR 22:828 (September 1996), amended by the Office of the Secretary, Legal Affairs Division, LR 34:1017 (June 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.