Current through Register Vol. 63, No. 3, March 1, 2024
(1) In addition to
provisions under 40 C.F.R. § 279.10, the following provisions under
sections (2) through (5) of this rule shall apply.
(2) Mixtures and residues of used oil and
other wastes:
(a) Used oil or materials
containing used oil destined for disposal are subject to hazardous waste
determination as require by OAR
340-102-0011;
(b) No person may mix hazardous or
non-hazardous substances or waste with used oil to render the substances or
wastes non-hazardous except as provided in 40 C.F.R. § 279.10(b)(2)(iii)
and (b)(3). Wastes that will reduce the recyclability of used oil shall not
purposely be mixed with used oil;
(c) Wastes containing oils that do not meet
the definition of used oil as defined in OAR
340-111-0020 may be
subject to 40 C.F.R. Part 279 provided the waste would not be a hazardous waste
if disposed and it contains sufficient oil to allow it to be managed in a
manner similar to used oil provided state air quality and solid waste
regulations are satisfied.
(3) Burning for Energy Recovery:
(a) Any person who burns used oil for energy
recovery must comply with applicable air emission requirements of the state or
local air pollution authority.
(b)
A person may only burn a mixture of used oil and non-hazardous solid waste as a
fuel for energy recovery if the mixture has a minimum energy value of 5,000
Btus per pound.
(c) A person may
burn a mixture of used oil and non-hazardous waste with energy values of less
than 5,000 Btus per pound for treatment or incineration if the mixture is not a
hazardous waste under OAR
340-102-0011
and if the person satisfies Oregon solid waste and air quality regulations.
(d) Residues that burning used oil
for energy recovery produce are subject to the hazardous waste regulations in
OAR Chapter 340, Divisions 100 to 110, 120 and 40 C.F.R. Parts 260 to 268, 270
and 124 if the materials are listed or identified as hazardous waste.
(4) A person may manage
oil removed from a non-halogenated parts cleaning media as used oil if the
person:
(a) Cleans parts primarily to remove
an oil that would meet the definition of a used oil as defined in OAR
340-111-0020; and
(b) Does not mix listed or
characteristic hazardous waste with the parts cleaning media.
(5) Any person may petition the
Department in writing following the procedures in OAR chapter 183; OAR chapter
137, division 2; and OAR chapter 340, division 11, for a declaratory ruling
whether a material is a used oil under OAR
340-111-0020.
Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075,
466.090, 468.020 & 646
Stats. Implemented: ORS 459A.590 &
466.075
