La. Admin. Code tit. 33 § V-4003

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-4003 - Applicability

This Section identifies those materials that 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 this Subpart.

A. Used Oil. Used oil is to be recycled unless a used oil handler disposes of it or sends it for disposal. Except as provided in LAC 33:V.4005, the regulations of LAC 33:V.Chapter 40 apply to used oil and to materials identified in LAC 33:V.4003 as being subject to regulation as used oil, whether or not the used oil or material exhibits any characteristics of hazardous waste identified in LAC 33:V.4903.

B. Mixtures of Used Oil and Hazardous Waste

1. Listed Hazardous Waste

a. Mixtures of used oil and hazardous waste that are listed in LAC 33:V.4901 are subject to regulation as hazardous waste under LAC 33:V.Subpart 1, rather than as used oil under LAC 33:V.Chapter 40.

b. 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 LAC 33:V.4901. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (e.g., by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in LAC 33:V.3105, Table 1).

i. The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins if they are processed through a tolling arrangement as described in LAC 33:V.4017.D 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.

ii. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units in which 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 exhibit one or more of the hazardous waste characteristics identified in LAC 33:V.4903 and mixtures of used oil and hazardous waste that are listed in LAC 33:V.4901 solely because they exhibit one or more of the characteristics of hazardous waste identified in LAC 33:V.4903 are subject to:

a. regulation as hazardous waste under LAC 33:V.Subpart 1 rather than as used oil under LAC 33:V.Chapter 40 if the resultant mixture exhibits any characteristics of hazardous waste identified in LAC 33:V.4903, except as provided in LAC 33:V.4003.B.2.c;

b. regulation as used oil under LAC 33:V.Chapter 40 if the resultant mixture does not exhibit any characteristics of hazardous waste identified under LAC 33:V.4903, except as specified in LAC 33:V.4003.B.2.c; or

c. 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 resulting mixture does not exhibit the characteristic of ignitability under LAC 33:V.4903.B.

3. Very Small Quantity Generator Hazardous Waste. Mixtures of used oil and very small quantity generator hazardous waste regulated under LAC 33:V.1009 are subject to regulation as used oil under this Chapter.

C. Materials Containing or Otherwise Contaminated with Used Oil

1. Except as provided in LAC 33:V.4003.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:

a. are not used oil and thus not subject to LAC 33:V.Chapter 40; and

b. are subject to the hazardous waste regulations of LAC 33:V.Subpart 1, if applicable.

2. Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under LAC 33:V.Chapter 40.

3. Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under LAC 33:V.Chapter 40.

D. Mixtures of Used Oil with Products

1. Except as provided in LAC 33:V.4003.D.2, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under LAC 33:V.Chapter 40.

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 LAC 33:V.Chapter 40 once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of LAC 33:V.Chapter 40.Subchapter B.

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:

a. not used oil and, thus, are not subject to LAC 33:V.Chapter 40; and

b. not solid wastes and, thus, are not subject to the hazardous waste regulations of LAC 33:V.Subpart 1 as provided in LAC 33:V.109.Hazardous Waste.4.b.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 LAC 33:V.Chapter 40.

3. Except as provided in LAC 33:V.4003.E.4, materials derived from used oil that are disposed of or used in a manner constituting disposal are:

a. not used oil and, thus, are not subject to LAC 33:V.Chapter 40; and

b. solid wastes and, thus, are subject to the hazardous waste regulations of LAC 33:V.Subpart 1 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 LAC 33:V.Chapter 40.

F. Wastewater. Wastewater, the discharge of which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act and LAC 33:IX (including wastewaters at facilities which have eliminated the discharge of wastewater), contaminated with de minimis quantities of used oil is not subject to the requirements of this Chapter. For purposes of LAC 33:V.4003.F, "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 the used oil is 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 LAC 33:V.Chapter 40. The used oil is subject to the requirements of LAC 33:V.Chapter 40 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 percent 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 LAC 33:V.Chapter 40.

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 LAC 33:V.Chapter 40 provided that the used oil constitutes less than 1 percent 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 LAC 33:V.Chapter 40.

4. Except as provided in LAC 33:V.4003.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 LAC 33:V.Chapter 40 only if the used oil meets the specification of LAC 33:V.4005. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of LAC 33:V.Chapter 40.

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 LAC 33:V.Chapter 40. 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 wastewater 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 LAC 33:V.Chapter 40.

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. Used oil containing PCBs (as defined at 40 CFR 761.3) at any concentration less than 50 ppm is subject to the requirements of this Subchapter unless, because of dilution, it is regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm or greater. PCB-containing used oil subject to the requirements of this Subchapter may also be subject to the prohibitions and requirements found at 40 CFR Part 761, including Sections 761. 20(d) and (e) Used oil containing PCBs at concentrations of 50 ppm or greater is not subject to the requirements of this Subchapter, but is subject to regulation under 40 CFR Part 761. No person may avoid these provisions by diluting used oil containing PCBs, unless otherwise specifically provided for in this Subchapter or 40 CFR Part 761.

La. Admin. Code tit. 33, § V-4003

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:266 (March 1995), amended LR 22:828, 836 (September 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1108 (June 1998), LR 25:481 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:713 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2540 (October 2005), LR 34:631 (April 2008), LR 34:1017 (June 2008), LR 34:1899 (September 2008), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46942 (7/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.