26.13.10.05

.05 Management Standards for Used Oil.

A. Purpose. This regulation identifies circumstances under which used oil is regulated as hazardous waste, and identifies other regulations with which persons managing used oil are required to comply.

B. Applicability. This regulation applies to used oil as defined in COMAR 26.13.01.03B, and to other materials, whether or not the used oil or other materials exhibit any characteristics of hazardous waste identified in COMAR 26.13.02.10-----.14.

C. Mixtures of Used Oil and Waste that is Listed as Hazardous.

(1) Mixtures of used oil and waste that is listed as hazardous in COMAR 26.13.02.16-----.19 are subject to regulation as hazardous waste under COMAR 26.13.01 -----26.13.09 and Regulations .01-----.04 of this chapter rather than as used oil under COMAR 26.10.15.

(2) Rebuttable Presumption for Used Oil. Except as provided in COMAR 26.13.02.04-1A(11), used oil containing more than 1,000 parts per million total halogens is regulated as a hazardous waste because it is presumed to have been mixed with halogenated hazardous waste listed in COMAR 26.13.02.16-----.19.

D. Mixtures of Used Oil and Characteristic Hazardous Waste. Mixtures of used oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11-----.14 are regulated as:

(1) Hazardous waste rather than used oil under COMAR 26.10.15 if the resultant mixture exhibits any of the characteristics of hazardous waste; or

(2) Used oil under COMAR 26.10.15 if the resultant mixture does not exhibit any of the characteristics of hazardous waste.

E. Mixing Used Oil and Characteristic Hazardous Waste.

(1) Except as provided in §E(2) and (3) of this regulation, a person may not mix the following hazardous wastes with used oil as a means of rendering the waste nonhazardous:

(a) Hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11-----.14; and

(b) Hazardous waste that is listed in COMAR 26.13.02.16-----.19 solely because it exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11-----.14.

(2) Section E(1) of this regulation does not prohibit incidental mixing of oil and characteristic hazardous waste that may occur during the intended use of the oil.

(3) A person may mix used oil with waste that is hazardous solely because it exhibits the characteristic of ignitability as identified in COMAR 26.13.02.11 if the mixture is to be burned for energy recovery.

F. A person who generates hazardous waste that is subject to reduced regulatory requirements under COMAR 26.13.02.05 shall comply with §E of this regulation with respect to mixing the waste with used oil.

G. Materials Containing or Otherwise Contaminated with Used Oil.

(1) Except as provided in §G(2) of this regulation, 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; are

(a) Not regulated as used oil; and

(b) Subject to applicable regulations of COMAR 26.13.01-----26.13.10.

(2) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under COMAR 26.10.15 and 26.11.09.10.

(3) Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under COMAR 26.10.15.

H. Mixtures of Used Oil with Products.

(1) Except as provided in §H(2) of this regulation, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under COMAR 26.10.15.

(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 regulation or to COMAR 26.10.15 once the used oil and diesel fuel have been mixed.

(3) Before used oil and diesel fuel are mixed for use in the generator's own vehicles, the used oil is subject to regulation under COMAR 26.10.15.

I. 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, such as re-refined lubricants, are not:

(a) Regulated as used oil; and

(b) Solid wastes and are not subject to the hazardous waste regulations of COMAR 26.13.01-----26.13.10, as provided in COMAR 26.13.02.03C(2).

(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 COMAR 26.10.15 and 26.11.09.10.

(3) Except as provided in COMAR 26.13.02.04-1A(15), materials derived from used oil that are disposed of or used in a manner constituting disposal are:

(a) Solid wastes and are regulated as hazardous waste if they meet the definition of hazardous waste under COMAR 26.13.02.03; and

(b) Not regulated as used oil.

J. A person managing used oil shall also determine if the management of the used oil is regulated under COMAR 26.10.15, as described in COMAR 26.10.15.01.