Section 11-279-10 - Applicability This section identifies those materials which are subject to regulation as used oil under this chapter. This section also identifies some materials that are not subject to regulation as used oil under this chapter, and indicates whether these materials may be subject to regulation as hazardous waste under chapters 11-260 through 11-266, 11-268, 11-270, and 11-271.
(a) Used oil. The department presumes that used oil is to be recycled unless a used oil handler disposes of used oil, or sends used oil for disposal. Except as provided in section 11-279-11, the rules of this chapter apply to used oil, and to materials identified in this section as being subject to regulation as used oil, whether or not the used oil or material exhibits any characteristics of hazardous waste identified in subchapter C of chapter 11-261.(b) Mixtures of used oil and hazardous waste -- (1) Listed hazardous waste. (i) Mixtures of used oil and hazardous waste that is listed in subchapter D of chapter 11-261 are subject to regulation as hazardous waste under chapters 11-260 through 11-266, 11-268, 11-270, and 11-271, rather than as used oil under this chapter.(ii) Rebuttable presumption for used oil. Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subchapter D of chapter 11-261. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of chapter 11-261). EPA Publication SW-846, Third Edition, is available from the United States Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, (202) 512-1800 (document number 955-001-00000-1). (A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in section 11-279-24(c), 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.(B) 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.(2) Characteristic hazardous waste. Mixtures of used oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristic identified in subchapter C of chapter 11-261 and mixtures of used oil and hazardous waste that is listed in subchapter D of chapter 11-261 solely because it exhibits one or more of the characteristics of hazardous waste identified in subchapter C are subject to: (i) Except as provided in paragraph (b) (2) (iii), regulation as hazardous waste under chapters 11-260 through 11-266, 11-268, 11-270, and 11-271 rather than as used oil under this chapter, if the resultant mixture exhibits any characteristics of hazardous waste identified in subchapter C of chapter 11-261; or(ii) Except as specified in section 11-279-10(b)(2)(iii) regulation as used oil under this chapter, if the resultant mixture does not exhibit any characteristics of hazardous waste identified under subchapter C of chapter 11-261.(iii) Regulation as used oil under this chapter, if the mixture is of used oil and a waste which is hazardous solely because it exhibits the characteristic of ignitability (e.g., ignitable-only mineral spirits), provided that the resultant mixture does not exhibit the characteristic of ignitability under section 11-261-21.(3) Conditionally exempt small quantity generator hazardous waste. Mixtures of used oil and conditionally exempt small quantity generator hazardous waste regulated under section 11-261-5 are subject to regulation as used oil under this chapter.(c) Materials containing or otherwise contaminated with used oil. (1) Except as provided in paragraph (c)(2), materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs of free-flowing oil remain in or on the material: (i) Are not used oil and thus not subject to this chapter, and(ii) If applicable are subject to the hazardous waste rules of chapters 11-271, 11-260 through 11-266, 11-268, and 11-270.(2) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under this chapter.(3) Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under this chapter.(d) Mixtures of used oil with products. (1) Except as provided in paragraph (d)(2), mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under this chapter.(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 chapter once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of subchapter C.(e) 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 (e.g., re-refined lubricants) are: (i) Not used oil and thus are not subject to this chapter, and(ii) Not solid wastes and are thus not subject to the hazardous waste rules of chapters 11-260 through 11-266, 11-268, 11-270, and 11-271 as provided in section 11-261-3(c)(2)(i).(2) Materials produced from used oil that are burned for energy recovery (e.g., used oil fuels) are subject to regulation as used oil under this chapter.(3) Except as provided in paragraph (e)(4), materials derived from used oil that are disposed of or used in a manner constituting disposal are: (i) Not used oil and thus are not subject to this chapter, and(ii) Are solid wastes and thus are subject to the hazardous waste rules of chapters 11-260 through 11-266, 11-268, 11-270, and 11-271 if the materials are listed or identified as hazardous waste.(4) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this chapter.(f) Wastewater. Wastewater, the discharge of which is subject to regulation under either section 402 or section 307(b) of the Federal Clean Water Act (including wastewaters at facilities which have eliminated the discharge of wastewater), contaminated with de minimis quantities of used oil are not subject to the requirements of this chapter. For purposes of this subsection, "de minimis" quantities of used oils are defined as small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception will not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases, or to used oil recovered from wastewaters.(g) Used oil introduced into crude oil pipelines or a petroleum refining facility. (1) Used oil mixed with crude oil or natural gas liquids (e.g., in a production separator or crude oil stock tank) for insertion into a crude oil pipeline is exempt from the requirements of this chapter. The used oil is subject to the requirements of this chapter prior to the mixing of used oil with crude oil or natural gas liquids.(2) Mixtures of used oil and crude oil or natural gas liquids containing less than 1% used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at a point prior to crude distillation or catalytic cracking are exempt from the requirements of this chapter.(3) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from the requirements of this chapter provided that the used oil constitutes less than 1% of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of this chapter.(4) Except as provided in paragraph (g)(5), used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from the requirements of this chapter only if the used oil meets the specification of section 11-279-11. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of this chapter.(5) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from the requirements of this chapter. This exemption does not extend to used oil which is intentionally introduced into a hydrocarbon recovery system (e.g., by pouring collected used oil into the waste water treatment system).(6) Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids are exempt from the requirements of this chapter.(h) Used oil on vessels. Used oil produced on vessels from normal shipboard operations is not subject to this chapter until it is transported ashore.(i) Used oil containing PCBs. In addition to the requirements of this chapter, marketers and burners of used oil who market used oil containing any quantifiable level of PCBs are subject to the requirements found at 40 CFR 761.20(e).(j) All references in tables and appendices to provisions of the Code of Federal Regulations shall be construed to mean the State rule analogue of the referenced federal regulation (for example, 40 CFR 260.1 shall be construed to mean section 11-260-1 of the Hawaii Administrative Rules).[Eff ] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 342J-52) (Imp: 40 C.F.R. §279.10 )