19-6-707 - Rebuttable presumption regarding used oil mixtures.
19-6-707. Rebuttable presumption regarding used oil mixtures.
(1) (a) Used oil containing more than 1000 ppm total halogens is presumed to be ahazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR261, Subpart D.
(b) This presumption may be rebutted by demonstrating the used oil does not containhazardous waste, such as by using the analytical method from SW-846, Edition III, to show theused oil does not contain significant concentrations of halogenated hazardous constituents aslisted by board rule.
(2) (a) The rebuttable presumption under Subsection (1) does not apply to metalworkingoils or fluids containing chlorinated paraffins, if they are processed through a tolling agreement toreclaim the metalworking oils or fluids.
(b) The rebuttable presumption under Subsection (1) does apply to metalworking oils orfluids if the oils or fluids are recycled in any other manner or are disposed.
(3) (a) The rebuttable presumption under Subsection (1) does not apply to used oilscontaminated with chlorofluorocarbons (CFCs) removed from refrigeration units when the CFCsare destined for reclamation.
(b) The rebuttable presumption does apply to used oils contaminated with CFCs that havebeen mixed with used oil from sources other than refrigeration units.
Enacted by Chapter 283, 1993 General Session