OAR 340-111-0010: Applicability

(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.