Current through Register Vol. 50, No. 9, September 20, 2024
This Section identifies those materials that are subject
to regulation as used oil under this Chapter. This Section also identifies some
materials that are not subject to regulation as used oil under this Chapter and
indicates whether these materials may be subject to regulation as hazardous
waste under this Subpart.
A. Used Oil.
Used oil is to be recycled unless a used oil handler disposes of it or sends it
for disposal. Except as provided in LAC 33:V.4005, the regulations of LAC
33:V.Chapter 40 apply to used oil and to materials identified in LAC 33:V.4003
as being subject to regulation as used oil, whether or not the used oil or
material exhibits any characteristics of hazardous waste identified in LAC
33:V.4903.
B. Mixtures of Used Oil
and Hazardous Waste
1. Listed Hazardous Waste
a. Mixtures of used oil and hazardous waste
that are listed in LAC 33:V.4901 are subject to regulation as hazardous waste
under LAC 33:V.Subpart 1, rather than as used oil under LAC 33:V.Chapter
40.
b. Rebuttable Presumption for
Used Oil. Used oil containing more than 1,000 ppm total halogens is presumed to
be a hazardous waste because it has been mixed with halogenated hazardous waste
listed in LAC 33:V.4901. Persons may rebut this presumption by demonstrating
that the used oil does not contain hazardous waste (e.g., by showing that the
used oil does not contain significant concentrations of halogenated hazardous
constituents listed in LAC 33:V.3105, Table 1).
i. The rebuttable presumption does not apply
to metalworking oils/fluids containing chlorinated paraffins if they are
processed through a tolling arrangement as described in LAC 33:V.4017.D to
reclaim metalworking oils/fluids. The presumption does apply to metalworking
oils/fluids if such oils/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 in which 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. Characteristic Hazardous Waste. Mixtures
of used oil and hazardous waste that solely exhibit one or more of the
hazardous waste characteristics identified in LAC 33:V.4903 and mixtures of
used oil and hazardous waste that are listed in LAC 33:V.4901 solely because
they exhibit one or more of the characteristics of hazardous waste identified
in LAC 33:V.4903 are subject to:
a.
regulation as hazardous waste under LAC 33:V.Subpart 1 rather than as used oil
under LAC 33:V.Chapter 40 if the resultant mixture exhibits any characteristics
of hazardous waste identified in LAC 33:V.4903, except as provided in LAC
33:V.4003.B.2.c;
b. regulation as
used oil under LAC 33:V.Chapter 40 if the resultant mixture does not exhibit
any characteristics of hazardous waste identified under LAC 33:V.4903, except
as specified in LAC 33:V.4003.B.2.c; or
c. regulation as used oil under this Chapter
if the mixture is of used oil and a waste which is hazardous solely because it
exhibits the characteristic of ignitability (e.g., ignitable-only mineral
spirits), provided that the resulting mixture does not exhibit the
characteristic of ignitability under LAC 33:V.4903.B.
3. Very Small Quantity Generator Hazardous
Waste. Mixtures of used oil and very small quantity generator hazardous waste
regulated under LAC 33:V.1009 are subject to regulation as used oil under this
Chapter.
C. Materials
Containing or Otherwise Contaminated with Used Oil
1. Except as provided in LAC 33:V.4003.C.2,
materials containing or otherwise contaminated with used oil from which the
used oil has been properly drained or removed to the extent possible such that
no visible signs of free-flowing oil remain in or on the material:
a. are not used oil and thus not subject to
LAC 33:V.Chapter 40; and
b. are
subject to the hazardous waste regulations of LAC 33:V.Subpart 1, if
applicable.
2. Materials
containing or otherwise contaminated with used oil that are burned for energy
recovery are subject to regulation as used oil under LAC 33:V.Chapter
40.
3. Used oil drained or removed
from materials containing or otherwise contaminated with used oil is subject to
regulation as used oil under LAC 33:V.Chapter 40.
D. Mixtures of Used Oil with Products
1. Except as provided in LAC 33:V.4003.D.2,
mixtures of used oil and fuels or other fuel products are subject to regulation
as used oil under LAC 33:V.Chapter 40.
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 LAC 33:V.Chapter 40 once the used oil and diesel
fuel have been mixed. Prior to mixing, the used oil is subject to the
requirements of LAC 33:V.Chapter 40.Subchapter B.
E. Materials Derived from Used Oil
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 (e.g., re-refined lubricants) are:
a. not used oil and, thus, are not subject to
LAC 33:V.Chapter 40; and
b. not
solid wastes and, thus, are not subject to the hazardous waste regulations of
LAC 33:V.Subpart 1 as provided in LAC 33:V.109.Hazardous Waste.4.b.i.
2. Materials produced from used
oil that are burned for energy recovery (e.g., used oil fuels) are subject to
regulation as used oil under LAC 33:V.Chapter 40.
3. Except as provided in LAC 33:V.4003.E.4,
materials derived from used oil that are disposed of or used in a manner
constituting disposal are:
a. not used oil
and, thus, are not subject to LAC 33:V.Chapter 40; and
b. solid wastes and, thus, are subject to the
hazardous waste regulations of LAC 33:V.Subpart 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
LAC 33:V.Chapter 40.
F.
Wastewater. Wastewater, the discharge of which is subject to regulation under
either Section 402 or
Section
307(b) of the
Clean Water Act and LAC 33:IX (including wastewaters at facilities which have
eliminated the discharge of wastewater), contaminated with de minimis
quantities of used oil is not subject to the requirements of this Chapter. For
purposes of LAC 33:V.4003.F, "de minimis" quantities of used oils are defined
as 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 will not apply if the used oil is discarded as a result of abnormal
manufacturing operations resulting in substantial leaks, spills, or other
releases or the used oil is recovered from wastewaters.
G. Used Oil Introduced into Crude Oil
Pipelines or a Petroleum Refining Facility
1.
Used oil mixed with crude oil or natural gas liquids (e.g., in a production
separator or crude oil stock tank) for insertion into a crude oil pipeline is
exempt from the requirements of LAC 33:V.Chapter 40. The used oil is subject to
the requirements of LAC 33:V.Chapter 40 prior to 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 1 percent 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 prior to crude distillation
or catalytic cracking are exempt from the requirements of LAC 33:V.Chapter
40.
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 LAC 33:V.Chapter 40 provided that the used oil constitutes less
than 1 percent of the crude oil feed to any petroleum refining facility process
unit at any given time. Prior to insertion into the petroleum refining facility
process, the used oil is subject to the requirements of LAC 33:V.Chapter
40.
4. Except as provided in LAC
33:V.4003.G.5, used oil that is introduced into a petroleum refining facility
process after crude distillation or catalytic cracking is exempt from the
requirements of LAC 33:V.Chapter 40 only if the used oil meets the
specification of LAC 33:V.4005. Prior to insertion into the petroleum refining
facility process, the used oil is subject to the requirements of LAC
33:V.Chapter 40.
5. Used oil that
is incidentally captured by a hydrocarbon recovery system or wastewater
treatment system as part of routine process operations at a petroleum refining
facility and inserted into the petroleum refining facility process is exempt
from the requirements of LAC 33:V.Chapter 40. This exemption does not extend to
used oil which is intentionally introduced into a hydrocarbon recovery system
(e.g., 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 LAC 33:V.Chapter 40.
H. Used Oil on Vessels. Used oil
produced on vessels from normal shipboard operations is not subject to this
Chapter until it is transported ashore.
I. Used Oil Containing PCBs. Used oil
containing PCBs (as defined at
40
CFR 761.3) at any concentration less than 50
ppm is subject to the requirements of this Subchapter unless, because of
dilution, it is regulated under 40 CFR Part 761 as a used oil containing PCBs
at 50 ppm or greater. PCB-containing used oil subject to the requirements of
this Subchapter may also be subject to the prohibitions and requirements found
at 40 CFR Part 761, including Sections 761. 20(d) and (e) Used oil containing
PCBs at concentrations of 50 ppm or greater is not subject to the requirements
of this Subchapter, but is subject to regulation under 40 CFR Part 761. No
person may avoid these provisions by diluting used oil containing PCBs, unless
otherwise specifically provided for in this Subchapter or 40 CFR Part
761.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
