Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 324 - USED OIL STANDARDS › Subchapter A - USED OIL RECYCLING › Section 324.3 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The commission incorporates by reference the Applicability
					 and the Exemptions from Applicability requirements in 40 Code of Federal
					 Regulations (CFR) Part 279, Subpart B, §279.10 and §279.11. In
					 addition, the commission adds the following clarifications and
					 requirements:
(1) A used oil
				  contaminated with a listed hazardous waste must be handled under Chapter 335 of
				  this title (relating to Industrial Solid Waste and Municipal Hazardous Waste).
				  United States Environmental Protection Agency Hazardous Waste Number "F002"
				  must be used on used oil that is listed hazardous due to halogenated
				  contaminants.
(2) Used oil can be
				  stored in tanks and containers not meeting
				  40 CFR Part
				  264 or
				  265. The requirement in
				  40 CFR Part
				  279 that refers to compliance with
				  40 CFR Part
				  264 or
				  265, Subpart K, on used oil
				  storage applies to used oil stored in surface impoundments. Storage of used oil
				  in lagoons, pits, or surface impoundments is prohibited, unless the generator
				  is storing only wastewater containing de minimis quantities of used oil, or
				  unless the unit is in compliance with
				  40 CFR Part
				  264 or
				  265, Subpart K.
(3) Requirements applicable to mixing
				  hazardous waste with used oil are in
				  40
				  CFR §279.10(b)
				  (relating to Mixtures of Used Oil and Hazardous Waste). Mixing of hazardous
				  waste with used oil, by other than generators, in tanks and containers within
				  their applicable accumulation time limit, requires a hazardous waste permit per
				  §
										335.2
				  of this title (relating to Permit Required). A waste that is characteristically
				  hazardous for "ignitability only" can be mixed with used oil. However, the
				  resultant mixture cannot exhibit the hazardous ignitability characteristic to
				  manage it under this chapter and
				  40 CFR Part
				  279 rather than Chapter 335 of this title.
				  The resultant mixture formed from mixing used oil and a characteristically
				  hazardous waste, other than solely ignitable waste, must be tested for all
				  likely hazardous characteristics. The resultant mixture will be a hazardous
				  waste rather than used oil if it retains a hazardous characteristic, even if
				  the hazardous characteristic is derived from the used oil. Anyone who mixes
				  used oil with another solid waste to produce from used oil, or to make used oil
				  more amenable for production of fuel oils or products is also a processor
				  subject to 40 CFR Part
				  279, Subpart F (relating to Standards for
				  Used Oil Processors and Re-refiners) and §
										324.12
				  of this title (relating to Processors and Re-refiners).
(4) A used oil shall not be regulated until
				  it is a spent material as defined in
				  40 CFR
				  §261.1(c)(1) and §
										335.17 of this title (relating to
				  Special Definitions for Recyclable Materials and Nonhazardous Recyclable
				  Materials).
(5) Oily water mixtures
				  to be recycled that are contained in waste management units such as tanks,
				  fractionation tanks, and sumps that meet the design requirements of the
				  American Petroleum Institute for oil-water separation or that have been
				  designed for oil-water separation must be managed under this chapter and meet
				  the prohibition requirements found in §
										324.4 of
				  this title (relating to Prohibitions) to prevent the discharge of hazardous
				  waste into a sanitary sewer. Management of wastes from other tanks, sumps, and
				  grip trap waste management units that are plumbed directly to a sanitary sewer
				  must comply with the requirements in Chapter 312 of this title (relating to
				  Sludge Use, Disposal, and Transportation) and Chapter 330 of this title
				  (relating to Municipal Solid Waste).