Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-10 - Applicability - recycled used oil management standards

Current through all regulations passed and filed through July 1, 2024
This rule identifies those materials which are subject to
				regulation as used oil under Chapter 3745-279 of the Administrative Code. This
				rule also identifies some materials that are not subject to regulation as used
				oil under Chapter 3745-279 of the Administrative Code, and indicates whether
				these materials may be subject to regulation as hazardous waste under Chapters
				3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
				Administrative Code.
(A)
			 Used oil. Ohio EPA 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
			 3745-279-11
			 of the Administrative Code, 
			 Chapter 3745-279 of the Administrative Code applies to used
			 oil, and to materials identified in this rule as being subject to regulation as
			 used oil, whether or not the used oil or material exhibits any characteristics
			 of hazardous waste identified in rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code.
(B)
			 Mixtures of used oil and hazardous waste.
(1)
			 Listed hazardous waste.
(a) Except as
			 provided in paragraphs (B)(2) and (B)(3) of this rule, mixtures of used oil and
			 hazardous waste  listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code are subject to regulation as hazardous waste under
			 Chapters 3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
			 Administrative Code, rather than as used oil under Chapter 3745-279 of the
			 Administrative Code.
(b) Rebuttable
			 presumption for used oil. Used oil that
			 contains more than one thousand parts per million (ppm) total halogens is
			 presumed to be a hazardous waste because the used oil has
			 been mixed with halogenated hazardous waste listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code. 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 the appendix to rule
			 3745-51-11
			 of the Administrative Code).
(i) The
			 rebuttable presumption does not apply to metalworking
			 oils or fluids that contain chlorinated paraffins, if
			 such oils or
			 fluids are processed, through a tolling arrangement as described in
			 paragraph (C) of rule
			 3745-279-24
			 of the Administrative Code, to reclaim metalworking oils or
			 fluids. The presumption does apply to metalworking
			 oils or
			 fluids if such oils or 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.