Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 40 - Used Oil
Subchapter D - Standards for Used Oil Transporter and Transfer Facilities
Section V-4033 - Rebuttable Presumption for Used Oil

Universal Citation: LA Admin Code V-4033

Current through Register Vol. 50, No. 9, September 20, 2024

A. To ensure that used oil is not a hazardous waste under the rebuttable presumption of LAC 33:V.4003.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 1,000 ppm.

B. The transporter must make this determination by:

1. testing the used oil; or

2. applying knowledge of the halogen content of the used oil in light of the materials or processes used.

C. If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste, which is listed in LAC 33:V.4901. The owner or operator may rebut the 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).

1. 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.

2. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if 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.

D. Record Retention. Records of analyses conducted or information used to comply with LAC 33:V.4033.A-C must be maintained by the transporter for at least three years.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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