Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
.
				335-14-17-.02(1)
				identifies those materials which are subject to regulation as used oil under
				335-14-17.
				335-14-17-.02(1)
				also identifies some materials that are not subject to regulation as used oil
				under 335-14-17, and indicates whether these materials may be subject to
				regulation as hazardous waste under Chapters 335-14-1 through 335-14-9.
(a) Used oil. The Department presumes that
				used oil is to be recycled unless a used oil handler disposes of used oil, or
				sends used oil for disposal. Except as provided in Rule
				335-14-17-.02(2),
				the regulations of 335-14-17 apply to used oil, and to materials identified in
				335-14-17-.02(1)
				as being subject to regulation as used oil, whether or not the used oil or
				material exhibits any characteristics of hazardous waste identified in Rule
				335-14-2-.03.
(b) Mixtures of used oil and hazardous waste:
1. Listed hazardous waste.
(i) Mixtures of used oil and hazardous waste
				that is listed in Rule
				335-14-2-.04 are subject to
				regulation as hazardous waste under Chapters 335-14-1 through 335-14-9, rather
				than as used oil under 335-14-17.
(ii) Rebuttable presumption for used oil.
				Used oil containing more than 1,000 ppm total halogens is presumed to be a
				hazardous waste because it has been mixed with halogenated hazardous waste
				listed in Rule
				335-14-2-.04. Persons may rebut
				this 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 335-14-2 -
				Appendix VIII].
(I) The rebuttable
				presumption does not apply to metalworking oils/fluids containing chlorinated
				paraffins, if they are processed, through a tolling arrangement as described in
				Rule 335-14-17-.03(6)(c),
				to reclaim metalworking oils/fluids. The presumption does apply to metalworking
				oils/fluids if such oil/fluids are recycled in any other manner, or
				disposed.
(II) The rebuttable
				presumption does not apply to used oils contaminated with chlorofluorocarbons
				(CFCs) removed from refrigeration units where 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.
2. Characteristic hazardous waste. Mixtures
				of used oil and hazardous waste that solely exhibit one or more of the
				hazardous waste characteristics identified in Rule
				335-14-2-.03 and mixtures of used
				oil and hazardous waste that are listed in Rule
				335-14-2-.04 solely because they
				exhibit one or more of the characteristics of hazardous waste identified in
				Rule 335-14-2-.03 are subject to:
(i) Except as provided in
				335-14-17-.02(1) (b)2.
				(iii) regulation as hazardous waste under
				Chapters 335-14-1 through 335-14-9 rather than as used oil under 335-14-17, if
				the resultant mixture exhibits any characteristics of hazardous waste
				identified in Rule
				335-14-2-.03; or
(ii) Except as provided in
				335-14-17-.02(1) (b)2.
				(iii) regulation as used oil under this
				Chapter, if the resultant mixture does not exhibit any characteristics of
				hazardous waste identified under Rule
				335-14-2-.03. Mixing a
				characteristic hazardous waste with used oil constitutes treatment if the
				characteristic waste is rendered nonhazardous, except as provided in
				335-14-17-.02(1)(b)2.(iii),
				and requires that the owner/operator comply with the applicable standards and
				permit requirements set forth in Chapters 335-14-1 through 335-14-9 before any
				mixing occurs.
(iii) Regulation as
				used oil under 335-14-17, if the mixture is of used oil and a waste which is
				hazardous solely because it exhibits the characteristic of ignitability (e.g.,
				ignitable-only mineral spirits), provided that the resultant mixture does not
				exhibit the characteristic of ignitability under Rule
				335-14-2-.03(2).
3. Very small quantity generator
				hazardous waste. Mixtures of used oil and very small quantity generator
				hazardous waste regulated under Rule
				335-14-2-.01(5)
				are subject to regulation as used oil under 335-14-17.
(c) Materials containing or otherwise
				contaminated with used oil.
1. Except as
				provided in
				335-14-17-.02(1)(c)2.,
				materials containing or otherwise contaminated with used oil from which the
				used oil has been properly drained or removed to the extent possible such that
				no visible signs of free-flowing oil remain in or on the material:
(i) Are not regulated as used oil and thus
				not subject to 335-14-17; and
(ii)
				If applicable, are subject to the hazardous waste regulations of Chapters
				335-14-1 through 335-1-4-9.
2. Materials containing or otherwise
				contaminated with used oil that are burned for energy recovery are subject to
				regulation as used oil under 335-14-17.
3. Used oil drained or removed from materials
				containing or otherwise contaminated with used oil is subject to regulation as
				used oil under 335-14-17.
[Note regarding used oil filters:
In order to
				  demonstrate that free-flowing oil has been properly drained or removed from his
				  used oil filters in accordance with rule
				  335-14-17-.02(1)(c)1.,
				  a generator must gravity hot-drain his used oil filters using one of the
				  following methods:
(i) Puncturing the
				filter anti-drain back valve or the filter dome end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining;
(iv) Any other equivalent hot-draining method
				which removes the free-flowing used oil as approved by the
				Department.]
(d) Mixtures of used oil with products.
1. Except as provided in
				335-14-17-.02(1)(d)2.,
				mixtures of used oil and fuels or other fuel products are subject to regulation
				as used oil under 335-14-17.
2.
				Mixtures of used oil and diesel fuel mixed on-site by the generator of the used
				oil for use in the generator's own vehicles are not subject to 335-14-17 once
				the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is
				subject to the requirements of Rule
				335-14-17-.03.
(e) Materials derived from used
				oil.
1. Materials that are reclaimed from used
				oil that are used beneficially and are not burned for energy recovery or used
				in manner constituting disposal (e.g., re-refined lubricants) are:
(i) Not used oil and thus are not subject to
				335-14-17, and
(ii) Not solid
				wastes and are thus not subject to the hazardous waste regulations of Chapters
				335-14-1 through 335-14-9 as provided in 335-14-2.
2. Materials produced from used oil that are
				burned for energy recovery (e.g., used oil fuels) are subject to regulation as
				used oil under 335-14-17.
3. Except
				as provided in
				335-14-17-.02(1)
				(e)4., materials derived from used oil that
				are disposed of or used in a manner constituting disposal are:
(i) Not used oil and thus are not subject to
				335-14-17, and
(ii) Are solid
				wastes and are therefore subject to the Division 335-13 - Solid Waste
				regulations. If the materials are listed or identified as hazardous wastes,
				then they are subject to the applicable hazardous waste regulations found in
				Chapters 335-14-1 through 335-14-9.
4. Used oil re-refining distillation bottoms
				that are used as feedstock to manufacture asphalt products are not subject to
				335-41-17.
(f)
				Wastewater. Wastewater, the discharge of which is subject to regulation under
				either Section 402 or Section 307(b) of the Clean Water Act (including
				wastewaters at facilities which have eliminated the discharge of wastewater),
				contaminated with de minimis quantities of used oil are not subject to
				335-14-17. For purposes of
				335-14-17-.02(1)
				(f), "de minimis" quantities of used oils are
				defined as small spills, leaks, or drippings from pumps, machinery, pipes, and
				other similar equipment during normal operations or small amounts of oil lost
				to the wastewater treatment system during washing or draining operations. This
				exception will not apply if the used oil is discarded as a result of abnormal
				manufacturing operations resulting in substantial leaks, spills, or other
				releases, or to used oil recovered from wastewaters.
(g) Used oil introduced into crude oil
				pipelines or a petroleum refining facility.
1. Used oil mixed with crude oil or natural
				gas liquids (e.g., in a production separator or crude oil stock tank) for
				insertion into a crude oil pipeline is exempt from 335-14-17. The used oil is
				subject to 335-14-17 prior to the mixing of used oil with crude oil or natural
				gas liquids.
2. Mixtures of used
				oil and crude oil or natural gas liquids containing less than 1% used oil that
				are being stored or transported to a crude oil pipeline or petroleum refining
				facility for insertion into the refining process at a point prior to crude
				distillation or catalytic cracking are exempt from 335-14-17.
3. Used oil that is inserted into the
				petroleum refining facility process before crude distillation or catalytic
				cracking without prior mixing with crude oil is exempt from 335-14-17 provided
				that the used oil constitutes less than 1% of the crude oil feed to any
				petroleum refining facility process unit at any given time. Prior to insertion
				into the petroleum refining facility process, the used oil is subject to
				335-14-17.
4. Except as provided in
				335-14-17-.02(1)(g)5.,
				used oil that is introduced into a petroleum refining facility process after
				crude distillation or catalytic cracking is exempt from 335-14-17 only if the
				used oil meets the specification of Rule
				335-14-17-.02(2).
				Prior to insertion into the petroleum refining facility process, the used oil
				is subject to 335-14-17.
5. Used
				oil that is incidentally captured by a hydrocarbon recovery system or
				wastewater treatment system as part of routine process operations at a
				petroleum refining facility and inserted into the petroleum refining facility
				process is exempt from 335-14-17. This exemption does not extend to used oil
				which is intentionally introduced into a hydrocarbon recovery system (e.g., by
				pouring collected used oil into the wastewater treatment system).
6. Used oil tank bottoms from stock used oil
				tanks containing exempt mixtures of used oil and crude oil or natural gas
				liquids are exempt from 335-14-17.
(h) Used oil on vessels. Used oil produced on
				vessels from normal shipboard operations is not subject to 335-14-17 until it
				is transported ashore.
(i) Used oil
				containing PCBs. Used oil containing PCBs (as defined at
				40
				CFR 761.3) at any concentration less than 50
				ppm is subject to the requirements of this chapter unless, because of dilution,
				it is regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm
				or greater. PCB-containing used oil subject to the requirements of this Chapter
				may also be subject to the prohibitions and requirements found at 40 CFR Part
				761, including §761.20(d) and (e). Used oil containing PCBs at
				concentrations of 50 ppm or greater is not subject to the requirements of this
				chapter, but is subject to the regulation under 40 CFR Part 761. No person may
				avoid these provisions by diluting used oil containing PCBs, unless otherwise
				specifically provided for in this Chapter or Part 761. In addition to the
				requirements of Chapter 335-14-17, marketers and burners of used oil who market
				or burn used oil containing any quantifiable level of PCBs are subject to the
				requirements found in
				40 CFR
				761.20(e).