Section 739.163  Rebuttable Presumption for Used Oil

a)         To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of Section 739.110(b)(1)(ii), a used oil burner must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.

b)         The used oil burner must determine if the used oil contains above or below 1,000 ppm total halogens by the following means:

1)         Testing the used oil;

2)         Applying knowledge of the halogen content of the used oil in light of the materials or processes used; or

3)         If the used oil has been received from a processor subject to regulation under Subpart F, using information provided by the processor.

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 listed in Subpart D of 35 Ill. Adm. Code 721.  The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix H of 35 Ill. Adm. Code 721). 

1)         The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in Section 739.124(c), to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if such oils and 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 where 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 subsections (a), (b), and (c) must be maintained by the burner for at least three years.

(Source:  Amended at 43 Ill. Reg. 667, effective November 19, 2018)