Current through March 20, 2024
Authority: IC 13-14-8; IC 13-19-3
Affected: IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23;
IC 13-30
Sec. 1.
(a) 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
section 2 of this rule, this article applies to used oil, and to materials
identified in this section as being subject to regulation as used oil, whether
or not the used oil or material exhibits any characteristics of hazardous waste
identified in 40 CFR 261, Subpart C*, revised as of July 1, 2005.
(b) Mixtures of used oil and hazardous waste
must be handled as follows:
(1) For mixtures
of used oil with a listed hazardous waste, the following apply:
(A) Mixtures of used oil and hazardous waste
that is listed in 40 CFR 261, Subpart D*, revised as of July 1, 2005, are
subject to regulation as hazardous waste under 329 IAC 3.1 rather than as used
oil under this article.
(B) Used
oil containing more than one thousand (1,000) parts per million total halogens
is presumed to be a hazardous waste because it has been mixed with halogenated
hazardous waste listed in 40 CFR 261, Subpart D*, revised as of July 1, 2005.
Persons may rebut this presumption by demonstrating that the used oil does not
contain hazardous waste. For example, this may be done by showing that the used
oil does not contain significant concentrations of halogenated hazardous
constituents listed in 40 CFR 261, Appendix VIII*, revised as of July 1, 2005.
The rebuttable presumption does not apply to the following:
(i) Metalworking oils or fluids containing
chlorinated paraffins, if they are processed, through a tolling arrangement as
described in
329 IAC
13-4-5(3), to reclaim metalworking
oils or fluids. The presumption does apply to metalworking oils or fluids if
the oils or fluids are recycled in any other manner or disposed.
(ii) 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) Used oil mixed with characteristic
hazardous waste identified in 40 CFR 261, Subpart C*, revised as of July 1,
2005, is subject to 329 IAC 3.1.
(3) Mixtures of used oil and hazardous waste
generated in compliance with 329 IAC 3.1-7 by a very small quantity generator
as defined in
40
CFR 260.10 *, as added by 81 FR 85806*, are
subject to regulation as used oil under this article.
(c) Materials containing or otherwise
contaminated with used oil must be handled as follows:
(1) Except as provided in subdivision (2),
materials containing or otherwise contaminated with used oil from which the
used oil has been properly drained or removed to the extent possible so that no
visible signs of free-flowing oil remain in or on the material:
(A) are not used oil and thus not subject to
this article; and
(B) if
applicable, are subject to the hazardous waste regulations under 329 IAC
3.1.
(2) Materials
containing or otherwise contaminated with used oil that are burned for energy
recovery are subject to regulation as used oil under this article.
(3) Used oil drained or removed from
materials containing or otherwise contaminated with used oil is subject to
regulation as used oil under this article.
(d) Mixtures of used oil with products must
be handled as follows:
(1) Except as provided
in subdivision (2), mixtures of used oil and fuels or other fuel products are
subject to regulation as used oil under this article.
(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 this article once the used oil and diesel fuel have
been mixed. Before mixing, the used oil is subject to the requirements of 329
IAC 13-4.
(e) Materials
derived from used oil must be handled as follows:
(1) Materials that are reclaimed from used
oil that are used beneficially and are not burned for energy recovery or used
in a manner constituting disposal, such as re-refined lubricants, are:
(A) not used oil and thus are not subject to
this article; and
(B) not solid
wastes and are thus not subject to the hazardous waste regulations under 329
IAC 3.1 as provided in
40 CFR
261.3(c)(2)(A) *, revised as
of July 1, 2005.
(2)
Materials produced from used oil that are burned for energy recovery, such as
used oil fuels, are subject to regulation as used oil under this
article.
(3) Except as provided in
subdivision (4), materials derived from used oil that are disposed of or used
in a manner constituting disposal are:
(A)
not used oil and are not subject to this article; and
(B) solid wastes and are subject to the
hazardous waste regulations under 329 IAC 3.1 if the materials are listed or
identified as hazardous waste.
(4) Used oil re-refining distillation bottoms
that are used as feedstock to manufacture asphalt products are not subject to
this article.
(f)
Wastewater, the discharge of which is subject to regulation under either
Section 402 or 307(b) of the Clean Water Act,
33 U.S.C.
1342 or
33
U.S.C. 1317(b), respectively, including wastewaters at facilities that have
eliminated the discharge of wastewater, contaminated with de minimis quantities
of used oil are not subject to the requirements of this article. As used in
this subsection, "de minimis quantities of used oils" means 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 does 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 must be handled as follows:
(1) Used oil mixed with crude oil or natural
gas liquids, such as in a production separator or crude oil stock tank, for
insertion into a crude oil pipeline is exempt from the requirements of this
article. The used oil is subject to the requirements of this article before 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 one percent (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 before crude
distillation or catalytic cracking are exempt from the requirements of this
article.
(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 the
requirements of this article provided that the used oil constitutes less than
one percent (1%) of the crude oil feed to any petroleum refining facility
process unit at any given time. Before insertion into the petroleum refining
facility process, the used oil is subject to the requirements of this
article.
(4) Except as provided in
subdivision (5), used oil that is introduced into a petroleum refining facility
process after crude distillation or catalytic cracking is exempt from the
requirements of this article only if the used oil meets the specification of
section 2 of this rule. Before insertion into the petroleum refining facility
process, the used oil is subject to the requirements of this article.
(5) Used oil that is incidentally captured by
a hydrocarbon recovery system or wastewater treatment system as an article of
routine process operations at a petroleum refining facility and inserted into
the petroleum refining facility process is exempt from the requirements of this
article. This exemption does not extend to used oil that is intentionally
introduced into a hydrocarbon recovery system, such as by pouring collected
used oil into the wastewater treatment system.
(6) Tank bottoms from stock tanks containing
exempt mixtures of used oil and crude oil or natural gas liquids are exempt
from the requirements of this article.
(h) Used oil produced on vessels from normal
shipboard operations is not subject to this article until it is transported
ashore.
(i) Used oil containing
less than fifty (50) parts per million PCB is subject to the requirements of
this article unless, because of dilution, it is regulated under 329 IAC 4.1 as
a used oil containing PCB at fifty (50) parts per million or greater. Used oil
containing PCB subject to the requirements of this article may also be subject
to the prohibitions and requirements found in 329 IAC 4.1.
(j) Used oil containing PCB at concentrations
of fifty (50) parts per million or greater is not subject to the requirements
of this article, but is subject to regulation under 329 IAC 4.1. A person may
not avoid these provisions by diluting used oil containing PCB, unless
otherwise specifically provided for in this article or in 329 IAC
4.1.
(k) The use of waste oil that
contains equal to or greater than two (2) parts per million PCB as a sealant,
coating, or dust control agent is prohibited. Prohibited uses include, but are
not limited to, the following:
(1) Road
oiling.
(2) General dust
control.
(3) Use as a pesticide or
herbicide carrier.
(4) Use as a
rust preventative on pipes.
(l) In addition to any applicable
requirements under 329 IAC 13-8 and 329 IAC 13-9, marketers and burners of used
oil who market, process, or distribute in commerce for energy recovery, used
oil containing equal to or greater than two (2) parts per million PCB must
comply with section 4 of this rule.
*These documents are incorporated by reference. Copies may
be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.
