Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 10 - HAZARDOUS WASTE › Part 1 - Rules and Regulations for Hazardous Waste Management › Section 250-RICR-140-10-1.16 - Used Oil Management Standards

Current through June 14, 2024
1.16.1
Purpose and Applicability
A.
				  This rule provides an alternative to managing used oil as hazardous waste under
				  §1.7.3 of this Part (Hazardous Waste Determination); it identifies those
				  materials that may and may not be managed as used oil, and establishes
				  standards for their handling, storage, transport, aggregation, collection, and
				  burning of used oil as fuel. This rule also establishes management standards
				  for used oil that is reused, sent for reclamation, processed or burned for
				  energy recovery. Used oil, as defined in §
											1.5 of this Part, that is to
				  be reused, reclaimed, processed, re-refined or burned for energy recovery is
				  subject to the requirements of §
											1.16 of this Part. This
				  rule does not apply to used oil, or material derived from used oil, that is
				  disposed of, sent for disposal or used in a manner constituting disposal, that
				  shall be evaluated to determine if the used oil is subject to regulation as a
				  hazardous waste in accordance with §1.7.3 of this Part (Hazardous Waste
				  Determination). Used oil that does not meet the definition of a hazardous waste
				  and is not managed in accordance with §
											1.11 of this Part shall be
				  managed as a solid waste in accordance with the applicable regulations.
1. Used oil that exhibits any of the
				  hazardous waste characteristics identified in §
												1.5 of this Part or in 40
				  C.F.R. Part 261 Subpart C is subject to §
												1.16 of this Part except
				  that the used oil may be excluded from burning for energy recovery pursuant to
				  §§
												1.5 and 1.16.3(A)(5) of this
				  Part.
2. Mixtures of used oil and
				  hazardous wastes that are federally listed in 40 C.F.R. Part 261 Subpart D
				  shall be managed as hazardous waste
a. Used
				  oil that contains greater than 1,000 ppm of total halogens is presumed to have
				  been mixed with one or more halogenated hazardous wastes listed in 40 C.F.R.
				  Part 261 Subpart D. Persons may rebut the presumption that the used oil has
				  been mixed with the hazardous waste designated in
				  40 C.F.R. §
														261.31(a) as F001 or F002 by
				  demonstrating through analysis that none of the following halogenated hazardous
				  waste constituents are present in the used oil at a concentration of greater
				  than 100 parts per million: tetrachloroethylene, trichloroethylene, methylene
				  chloride, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated
				  fluorocarbons, chlorobenzene, 1,1,2-trichloro-1,2,2-triflouroethane,
				  ortho-dichlorobenzene, trichlorofluoromethane or 1,1,2-trichloroethane. To
				  rebut the presumption that the used oil has been mixed with any hazardous
				  waste, other than F001 or F002, listed in 40 C.F.R. Part 261, Subpart D, a
				  person shall demonstrate that the used oil does not contain hazardous waste by
				  having the used oil analyzed in accordance with §1.7.3 of this Part and
				  demonstrating that the used oil does not contain significant concentrations of
				  halogenated hazardous constituents listed in Appendix VIII of 40 C.F.R. Part
				  261. Unless and until such person has rebutted the presumption, a used oil
				  containing more than 1,000 parts per million total halogens shall be considered
				  a hazardous waste and shall be managed as such.
b. The rebuttable presumption set forth in
				  §1.16.1(A)(2)(a) of this Part does not apply to metal working oils/fluids
				  that contain chlorinated paraffins that are reclaimed/processed under a tolling
				  arrangement as defined in §
													1.5 of this Part. Metal
				  working oils/fluids that are recycled in any other manner are subject to the
				  rebuttable presumption set forth in §1.16.1(A)(2)(a) of this
				  Part.
c. Used oil contaminated with
				  Chlorofluorocarbons (CFCs) removed from refrigeration units that are destined
				  for reclamation is not subject to the rebuttable presumption set forth in
				  §1.16.1(A)(2)(a) of this Part. The rebuttable presumption does apply to
				  used oil contaminated with CFCs from sources other than refrigeration
				  units.
3. Mixtures of
				  used oil and hazardous waste where the hazardous waste mixed with the used oil
				  is hazardous only because it exhibits the characteristic of ignitability
				  identified in 40 C.F.R.
				  §
													261.21 are subject to this rule and
				  may be managed accordingly if the resultant mixture does not exhibit any
				  characteristics of hazardous waste identified in 40 C.F.R. Part 261 Subpart C.
a. Mixtures of used oil and ignitable
				  hazardous waste that do not meet the criteria listed in §1.16.1(A)(3) of
				  this Part are not subject to this Part and shall be managed in accordance with
				  §
													1.7 of
				  this Part.
4. Materials
				  containing or otherwise contaminated with used oil are regulated as used oil
				  under this Part, unless the used oil has been drained or removed to the extent
				  practicable so that no free flowing liquid is present. Such materials, if all
				  free flowing used oil is removed, are subject to the waste characterization
				  requirements under §1.7.3 of this Part (Hazardous Waste Determination) and
				  may be subject to additional requirements of this Part if the materials meet
				  the definition of Hazardous Waste. Materials contaminated with used oil that
				  are burned for energy recovery in accordance with §1.16.3 of this Part are
				  regulated under this Part. Mixtures of used oil and any petroleum based
				  products shall be managed in accordance with §
												1.16 of this
				  Part.
5. Used automotive engine oil
				  filters that are not terne-plated and were not contaminated by mixtures of used
				  oil and any Federally listed hazardous waste identified in 40 C.F.R. Part 261
				  Subpart D are not subject to §
												1.16 or §§
												1.1 through and including
				  1.10 and 1.18 of this Part if the filters were gravity hot-drained using one of
				  the following methods:
a. Puncturing the
				  filter anti-drain back valve or the filter dome end and hot draining;
b. Hot-draining and mechanically crushing the
				  filter;
c. Any other equivalent hot
				  draining method that will remove all pourable liquids from the filter;
				  or
d.  Cold-draining and crushing
				  using a mechanical, pneumatic, or hydraulic device designed for the purpose of
				  crushing oil filters and effectively removing the oil.
6. Used automotive engine oil filters that
				  are terne-plated are not subject to §
												1.16 or §§
												1.1 through and including
				  1.10 and 1.18 of this Part if the generator processes the filters in accordance
				  with §1.16.1(A)(5) of this Part, sends the processed filters out for scrap
				  metal reclamation and documents the recycling of the filters.
7. All free liquids that are collected as a
				  result of any draining activity shall be properly managed in accordance with
				  §
												1.16
				  of this Part. Used automotive oil filters that are not fully drained using one
				  of the methods prescribed above may be managed as a material contaminated with
				  used oil in accordance with the requirements of §
												1.16 of this
				  Part.
8. Materials derived or
				  otherwise reclaimed from used oil that are used in place of new product and are
				  not burned for energy recovery or used in a manner constituting disposal are
				  not used oil, are not hazardous waste and are not solid waste. Materials
				  derived from used oil that are burned for energy recovery are subject to the
				  requirements of §1.16.3 of this Part. Materials derived from used oil that
				  are used in a manner constituting disposal are subject to the requirements of
				  §
												1.7 of
				  this Part.
9. Wastewater
				  contaminated with "De Minimis" quantities of used oil that is discharged in
				  accordance with the Department's Water Quality Regulations (Part 150-05-1 of
				  this Title), permits issued by local POTWs and Section 307 or Section 402 of
				  the Clean Water Act is not regulated by this Part. De Minimis quantities for
				  the purpose of this Rule shall be defined as leaks or drippings from equipment
				  or machinery that enter the wastewater treatment system inadvertently during
				  normal operations or maintenance. Used oil that enters a wastewater treatment
				  system as a result of abnormal manufacturing processes (e.g., pipeline or pump
				  failures) or by direct discharges and any used oil removed from wastewater is
				  subject to §
												1.16 of this
				  Part.
10. Used oil produced on
				  vessels from shipboard operations is not subject to §
												1.16 of this Part until it
				  is transported onto shore.
11. Used
				  oil containing levels of polychlorinated biphenyls (PCBs) that are determined
				  to be below 50 ppm through analytical testing (or by satisfying the
				  requirements of 40 C.F.R.
				  §
													761.2) may be managed under §
												1.16 of this Part. Used oil
				  containing PCBs at levels of 50 ppm or greater are hazardous wastes as defined
				  in §
												1.5 of this Part and shall
				  be managed in accordance with §§
												1.1 through
				  1.10 and
				  1.18 of this
				  Part.
12. Household used oil
				  generators are exempt from the provisions of §
												1.16 of this Part. Once
				  household generator used oil is in the possession of a used oil collection
				  center, used oil transporter, used oil burner, or used oil
				  processor/re-refiner, the used oil is subject to regulation under this
				  rule.
13. Used oil re-refining
				  distillation bottoms that are used as feedstock to manufacture asphalt products
				  are not subject to the requirements of this rule.
14. Mixtures of used oil and fuel or other
				  fuel products and tank bottoms from such mixtures are subject to this
				  Part.
15. Used oil burners, used
				  oil generators, used oil transporters, used oil temporary storage facilities,
				  used oil collection centers, used oil aggregation points, used oil
				  processor/re-refiners and used oil marketers while handling used oil may also
				  be subject to federal regulation by the USEPA pursuant to the Code of Federal
				  Regulations (C.F.R.). Used oils containing any quantifiable levels of
				  polychlorinated biphenyls (PCBs) are subject to regulation under
				  40 C.F.R. §
													761.20(e). Used oils
				  containing PCBs at levels of 50 ppm or greater are subject to regulation under
				  all of 40 C.F.R. Part 761 . The storage of used oil on-site may also be subject
				  to regulation by the USEPA under 40 C.F.R. Part 112 (SPCC
				  Program).