Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 13 - USED OIL MANAGEMENT
Rule 6 - Used Oil Transporter and Transfer Facilities
Section 6-5 - Rebuttable presumption for used oil
Current through September 18, 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. 5.
(a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of 329 IAC 13-3-1(b)(1)(B), the used oil transporter must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below one thousand (1,000) parts per million.
(b) The transporter must make this determination by:
(c) If the used oil contains greater than or equal to one thousand (1,000) parts per million total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, Subpart D*. The owner or operator may rebut the 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. The rebuttable presumption does not apply to the following:
(d) Records of analyses conducted or information used to comply with this section must be maintained by the transporter for at least three (3) years.
*This document is incorporated by reference. Copies may be obtained from the Government Printing 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.