25250. (a) The Legislature finds that almost 100 million gallons of
used oil is generated each year in the state; that this oil is a
valuable petroleum resource which can be recycled; and that, in spite
of this potential for recycling, significant quantities of used oil
are wastefully disposed of or improperly used by means which pollute
the water, land, and air, and endanger the public health, safety, and
welfare.
(b) The Legislature also finds that readily available technologies
exist to recycle used oil into useful products and that used oil
should be collected and recycled, to the maximum extent possible, by
means which are economically feasible and environmentally sound, in
order to conserve irreplaceable petroleum resources, to protect the
environment, and to protect public health, safety, and welfare.
25250.1. (a) As used in this article, the following terms have the
following meaning:
(1) (A) "Used oil" means all of the following:
(i) Oil that has been refined from crude oil, or any synthetic
oil, that has been used, and, as a result of use or as a consequence
of extended storage, or spillage, has been contaminated with physical
or chemical impurities.
(ii) Material that is subject to regulation as used oil under Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
(B) Examples of used oil are spent lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, or
differential of an automobile, bus, truck, vessel, plane, heavy
equipment, or machinery powered by an internal combustion engine;
industrial oils, including compressor, turbine, and bearing oil;
hydraulic oil; metalworking oil; refrigeration oil; and railroad
drainings.
(C) "Used oil" does not include any of the following:
(i) Oil that has a flashpoint below 100 degrees Fahrenheit or that
has been mixed with hazardous waste, other than minimal amounts of
vehicle fuel.
(ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or
Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33
U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that
have eliminated the discharge of wastewater, contaminated with de
minimis quantities of used oil.
(II) For purposes of this clause, "de minimis quantities of used
oil" are 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.
(III) This exception does 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.
(iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
(v) (I) Oil containing more than 1000 ppm total halogens, which
shall be presumed to be a hazardous waste because it has been mixed
with halogenated hazardous waste listed in Subpart D (commencing with
Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations.
(II) A person may rebut the presumption specified in subclause (I)
by demonstrating that the used oil does not contain hazardous waste,
including, but not limited to, in the manner specified in subclause
(III).
(III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total
halogens at a concentration of more than 1000 ppm is solely either
household waste, as defined in Section 261.4(b)(1) of Title 40 of the
Code of Federal Regulations, or is collected from conditionally
exempt small quantity generators, as defined in Section 261.5 of
Title 40 of the Code of Federal Regulations. Nothing in this
subclause authorizes any person to violate the prohibition specified
in Section 25250.7.
(2) "Board" means the California Integrated Waste Management
Board.
(3) (A) "Recycled oil" means any oil that meets all of the
following requirements specified in clauses (i) to (iii), inclusive:
(i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under Section
279.10(b)(2) of Title 40 of the Code of Federal Regulations, the
mixture is managed as a hazardous waste in accordance with all
applicable hazardous waste regulations, and the recycled oil produced
from the mixture is not subject to regulation as a hazardous waste
under Section 279.10(b)(2) of Title 40 of the Code of Federal
Regulations. If the oily wastes with which the used oil is mixed were
recovered from a unit treating hazardous wastes that are not oily
wastes, these recovered oily wastes are not excluded from being
considered as oily wastes for purposes of this section or Section
25250.7.
(ii) The recycled oil meets one of the following requirements:
(I) The recycled oil is produced by a generator lawfully recycling
its oil.
(II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized by
the department. The department may not authorize a used oil recycling
facility to use a process in which used oil is mixed with one or
more contaminated petroleum products or oily wastes unless the
department determines that the process to be authorized for mixing
used oil with those products or wastes will not substantially
contribute to the achievement of compliance with the specifications
of subparagraph (B).
(III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by the
agency authorized to implement the federal act in that state.
(iii) Has been prepared for reuse and meets all of the following
standards:
(I) The oil meets the standards of purity set forth in
subparagraph (B).
(II) If the oil was produced by a generator lawfully recycling its
oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent other
than those listed in subparagraph (B).
(III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV) The oil is not subject to regulation as a hazardous waste
under the federal act.
(V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made the
finding required by subparagraph (B) of paragraph (2) of subdivision
(a) of Section 25250.19, except for one of the characteristics or
constituents identified in the standards of purity set forth in
subparagraph (B).
(B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation,
establishes more stringent standards:
(i) Flashpoint: minimum standards set by the American Society for
Testing and Materials for the recycled products. However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
(ii) Total lead: 50 mg/kg or less.
(iii) Total arsenic: 5 mg/kg or less.
(iv) Total chromium: 10 mg/kg or less.
(v) Total cadmium: 2 mg/kg or less.
(vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code
of Federal Regulations.
(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C) Compliance with the specifications of subparagraph (B) or with
the requirements of clauses (iv) and (v) of subparagraph (B) of
paragraph (1) shall not be met by blending or diluting used oil with
crude or virgin oil, or with a contaminated petroleum product or oily
waste, except as provided in subclause (II) of clause (ii) of
subparagraph (A), and shall be determined in accordance with the
procedures for identification and listing of hazardous waste adopted
in regulations by the department. Persons authorized by the
department to recycle oil shall maintain records of volumes and
characteristics of incoming used oil and outgoing recycled oil and
documentation concerning the recycling technology utilized to
demonstrate to the satisfaction of the department or other
enforcement agencies that the recycling has been achieved in
compliance with this subdivision.
(D) This paragraph does not apply to oil that is to be disposed of
or used in a manner constituting disposal.
(4) "Used oil recycling facility" means a facility that
reprocesses or re-refines used oil.
(5) "Used oil storage facility" means a storage facility, as
defined in subdivision (b) of Section 25123.3, that stores used oil.
(6) "Used oil transfer facility" means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that meets the
qualifications to be a storage facility, for purposes of Section
25123.3.
(7) (A) For purposes of this section and Section 25250.7 only,
"contaminated petroleum product" means a product that meets all of
the following conditions:
(i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.
(ii) It has not been used for its original intended purpose.
(iii) It is not listed in Subpart D (commencing with Section
251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the
Code of Federal Regulations.
(iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.
(B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to any
requirements of this chapter.
(b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:
(1) The used oil has not been treated by the generator of the used
oil, the generator claims the used oil is exempt from regulation by
the department, and the used oil meets all of the following
conditions:
(A) The used oil meets the standards set forth in subparagraph (B)
of paragraph (3) of subdivision (a).
(B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).
(C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.
(E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.
(F) The used oil is not disposed of or used in a manner
constituting disposal.
(2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.
(c) Used oil recycling facilities and generators lawfully
recycling their own used oil that are the first to claim that
recycled oil meets the requirements specified in paragraph (2) of
subdivision (b) shall maintain an operating log and copies of
certification forms, as specified in Section 25250.19. Any person who
generates used oil, and who claims that the used oil is exempt from
regulation pursuant to paragraph (1) of subdivision (b), shall notify
the department, in writing, of that claim and shall comply with the
testing and recordkeeping requirements of Section 25250.19 prior to
its reuse. In any action to enforce this article, the burden is on
the generator or recycling facility, whichever first claimed that the
used oil or recycled oil meets the standards and criteria, and on
the transporter or the user of the used oil or recycled oil,
whichever has possession, to prove that the oil meets those standards
and criteria.
(d) Used oil shall be managed in accordance with the requirements
of this chapter and any additional applicable requirements of Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
25250.3. Any virgin oil product or partially refined product, which
has not been previously used, which has become contaminated with
nonhazardous impurities such as dirt or water, and which has been
returned to bulk storage by the product's manufacturer, transporter,
or wholesaler for gravity separation of contaminants, is exempt from
this article. Any petroleum product which becomes contaminated with
any other petroleum product during refining, transportation by
pipeline, or storage and which remains usable as a refinery feed
stock or as a refinery fuel is exempt from this article.
25250.4. (a) Used oil shall be managed as a hazardous waste in
accordance with the requirements of this chapter, unless one of the
following applies:
(1) The used oil is excluded from regulation as hazardous waste
pursuant to Section 25143.2, and is not subject to regulation as
hazardous waste under the federal act.
(2) The used oil has been shown by the generator to meet the
requirements of paragraph (1) of subdivision (b) of Section 25250.1
or the used oil is recycled oil and meets the requirements of
paragraph (2) of subdivision (b) of Section 25250.1.
(b) This section does not apply to dielectric fluid removed from
oil-filled electrical equipment that is filtered and replaced,
onsite, at a restricted access electrical equipment area, or that is
removed and filtered at a maintenance facility for reuse in
electrical equipment and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
(c) For the purposes of this section:
(1) "Oil-filled electrical equipment" includes, but is not limited
to, transformers, circuit breakers, and capacitators.
(2) "Restricted access electrical equipment area" means a
fenced-off or walled-off restricted access area that is covered by a
spill prevention control and countermeasure plan prepared in
accordance with Part 112 of Title 40 of the Code of Federal
Regulations and that is used in the transmission or distribution of
electrical power, or both.
(d) For the purposes of subdivision (b), "filtered" means the use
of filters assisted by the application of heat and suction to remove
impurities, including, but not limited to, water, particulates, and
trace amounts of dissolved gases, by equipment mounted upon or above
an impervious surface.
(e) Nothing in this section affects the authority of the
department or a certified unified program agency in the event of a
spill.
25250.5. (a) The disposal of used oil by discharge to sewers,
drainage systems, surface water or groundwater, watercourses, or
marine waters; by incineration or burning as fuel; or by deposit on
land, is prohibited, unless authorized under other provisions of law.
(b) The use of used oil or recycled oil as a dust suppressant or
insect or weed control agent is prohibited unless allowed under
another applicable law, but only to the extent that use as a dust
suppressant or insect or weed control agent is consistent with the
federal act.
25250.7. (a) Except as provided in subdivision (b) or (c), no
person who generates, stores, or transfers used oil shall
intentionally contaminate used oil with other hazardous waste other
than minimal amounts of vehicle fuel.
(b) A used oil transfer or recycling facility authorized by the
department pursuant to Section 25200, 25200.5, or 25201.6 may mix
used oil with a contaminated petroleum product or with an oily waste
other than wastes listed as hazardous under the federal act, if all
of the following conditions are met:
(1) If the resultant mixture is subject to regulation as a
hazardous waste under paragraph (2) of subsection (b) of Section
279.10 of Title 40 of the Code of Federal Regulations, it is managed
as a hazardous waste in accordance with all applicable hazardous
waste regulations.
(2) The resultant mixture is used to produce recycled oil, as
defined in paragraph (3) of subdivision (a) of Section 25250.1, at a
used oil recycling facility solely by means of a process that has
been specifically authorized by the department to treat these
mixtures.
(3) The mixing of the used oil with a contaminated petroleum
product or an oily waste is specifically authorized in the facility's
permit.
(c) A generator or transporter may mix used oil with one or more
contaminated petroleum products if the mixture is managed in
accordance with Section 25143.2 or if all of the following conditions
apply:
(1) If the resultant mixture is subject to regulation as a
hazardous waste under paragraph (2) of subsection (b) of Section
279.10 of Title 40 of the Code of Federal Regulations, it is managed
as a hazardous waste in accordance with all applicable hazardous
waste regulations.
(2) (A) Except as provided in subparagraph (B), the resultant
mixture is transported to a used oil recycling facility that issues a
statement, in writing, to the generator or transporter that the
mixture will be used to produce recycled oil, as defined in paragraph
(3) of subdivision (a) of Section 25250.1, at a facility authorized
to operate pursuant to Section 25200 or 25200.5 solely by means of a
process that has been specifically authorized by the department to
treat these mixtures.
(B) If the resultant mixture is transported to a used oil
recycling facility located in another state, that facility is
authorized by the agency authorized to implement the federal act in
that state.
(3) The mixing is not conducted in a manner that violates
subparagraph (C) of paragraph (3) of subdivision (a) of Section
25250.1.
(4) The transporter tests the halogen content of the used oil to
demonstrate compliance with clause (vi) of subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 before mixing the
used oil with the contaminated petroleum product.
25250.9. (a) (1) Except as provided in subdivision (b), a hazardous
waste transporter who transports used oil shall provide a written
notification in the form below to each generator from whom the
transporter receives used oil:
IMPORTANT NOTICE REGARDING THE DISPOSITION OF
YOUR USED OIL
PLEASE SIGN AFTER READING
_________________ (used oil transporter) hereby
advises ___________
(used oil generator) that ____________
(generator's) shipment of used oil
may be transported to a facility that is required
to comply with federal
regulations applicable to management of used oil,
but that is not required
to comply with the more stringent requirements
applicable to hazardous
waste management facilities. California
facilities that handle or process
used oil are required to meet those more
stringent requirements, and some
out-of-state facilities that process used oil
also meet those requirements.
These include more stringent leak detection and
prevention requirements,
engineering certifications of tank integrity, and
financial assurances for
closure and accidental releases. It is lawful to
send used oil to
out-of-state facilities that comply only with
federal used oil management
standards and not these more stringent
requirements.
This notification is for information purposes
only.
________________________ (signed, Transporter)
Date: ______
________________________ (signed, Generator)
Date: ______
(2) A hazardous waste transporter shall provide the notice
required pursuant to paragraph (1) at least once each year, except if
the notice is provided pursuant to subdivision (g).
(b) A transporter is not required to provide a generator with the
notification specified in subdivision (a) if either of the following
apply:
(1) The generator from whom the transporter receives used oil
specifically designates in writing that the used oil is to be
transported to a specified facility and that facility either is
authorized by the department to produce used oil into recycled oil or
it is operating in accordance with a hazardous waste facilities
permit or interim status document issued pursuant to the federal act.
(2) The transporter annually certifies to the generator, in
writing, that any used oil that the transporter receives from the
generator will be transported only to a facility that is authorized
by the department to produce used oil into recycled oil or to a
facility that is lawfully operating in accordance with a hazardous
waste facilities permit or interim status document issued pursuant to
the federal act.
(c) A transporter may make the certification specified in
subdivision (a) even if the used oil the transporter receives from
the generator is first transported to a transfer facility, as defined
in paragraph (3) of subdivision (a) of Section 25123.3, or a storage
facility authorized by the department to store used oil, before the
used oil is sent to a facility that is authorized by the department
to produce used oil into recycled oil or to a facility that is
lawfully operating in accordance with a hazardous waste facilities
permit or interim status document issued pursuant to the federal act.
(d) Any person who makes a material misrepresentation in the
course of implementing the requirements of this section is in
violation of this chapter. A transporter that relies in reasonable
good faith upon a statement made by a facility to comply with this
section is not in violation of this chapter.
(e) Each transporter subject to this section shall retain the
documents necessary to demonstrate compliance with this section,
including, but not limited to, each signed notification form, for as
long as the transporter is required to retain the manifest for the
used oil to which the documents apply.
(f) This section shall not be construed to prohibit the
transportation of used oil to any facility located outside the state,
or to impose liability upon, or in any way affect the liability of a
generator whose used oil is transported to a facility located
outside the state in accordance with the requirements of this
section.
(g) A transporter may place the notification and signature and
date block specified in subdivision (a) on the back of the service
order the transporter provides to the generator, if the notification
language and associated signature and date block specified in
subdivision (a) is the only wording appearing on that side of the
service order and the transporter and generator sign the signature
and date block each time the generator receives a service order.
25250.10. Every registered hazardous waste hauler who transports
used oil shall report to the department, on or before March 1 of each
year, the following information on a form provided by the
department:
(a) The shipping descriptions of used oil transported during the
preceding calendar year.
(b) The volume of each type of used oil transported, identified by
shipping description.
(c) The facilities to which the used oil was transported,
identified by name, address, telephone number, and Environmental
Protection Agency identification number.
25250.11. (a) Any person who receives used oil from consumers or
other used oil generators, is exempt from hazardous waste facilities
permit requirements imposed pursuant to Article 9 (commencing with
Section 25200) with respect to any location at which used oil is
received if all of the following conditions are met:
(1) Each shipment of used oil received does not exceed 55 gallons,
and the capacity of any single container does not exceed 55 gallons.
(2) No other hazardous wastes are received at the location, unless
authorized by other provisions of law.
(3) The used oil is transported by the generator of the used oil.
(b) Any person who transports used oil is exempt from the
requirements of subdivision (a) of Section 25163 and from the
requirements of Section 25160 concerning the possession of a manifest
while transporting used oil to a location described in subdivision
(a) if all of the following conditions are met:
(1) The capacity of any single container does not exceed 55
gallons.
(2) Each shipment of used oil does not exceed 55 gallons.
(3) The person transporting the used oil had generated the used
oil.
(4) The person transporting the used oil does not transport
greater than 20 gallons of used oil, and does not transport any used
oil in any container exceeding 5 gallons in capacity, without first
contacting the destination location described in subdivision (a) and
verifying that the location will accept the used oil.
(c) This section does not prevent any person that receives used
oil pursuant to subdivision (a) from placing volume limits or
container size limits on the shipments of used oil accepted by that
person that are smaller than the limits specified in this section.
25250.12. Used oil generated during maintenance operations may be
transferred from its point of generation to the maintenance person's
place of business, other than a residence, for the purpose of
consolidation in a tank or container, without meeting the
requirements of Sections 25160, 25163, and 25201, if the material is
to be recycled at an authorized offsite hazardous waste facility and
if all the following conditions are met:
(a) The generator transports the used oil in a vehicle owned by
the generator or owned by an employee of the generator.
(b) Not more than 55 gallons are transferred in the vehicle at any
one time.
(c) The used oil is managed in accordance with all laws concerning
storage and handling of hazardous wastes upon consolidation at the
maintenance person's place of business.
(d) The used oil is deemed to be generated at the point of
consolidation upon consolidation.
25250.13. Notwithstanding any provision of this chapter, a transfer
facility, as defined in paragraph (3) of subdivision (a) of Section
25123.3, that accepts used oil and holds the oil for more than 24
hours, but is not otherwise a storage facility, as defined in
subdivision (b) of Section 25123.3, shall comply with the
requirements for used oil transfer facilities that are specified in
Subpart E (commencing with Section 279.40) of Part 279 of Title 40 of
the Code of Federal Regulations.
25250.15. (a) Any person operating a refuse removal vehicle or a
curbside collection vehicle used to collect or transport used oil
which has been generated as a household waste or as part of a
curbside recycling program, as defined by the board, is exempt from
the requirements of Sections 25160 and 25250.8, and subdivision (a)
of Section 25163 of this code and Chapter 2.5 (commencing with
Section 2500) of Division 2 of, Division 14.1 (commencing with
Section 32000) of, and subdivision (g) of Section 34500 of, the
Vehicle Code.
(b) Refuse removal and other curbside collection operations
exempted under subdivision (a) are also exempt from permit
requirements pursuant to Article 9 (commencing with Section 25200),
if the storage location meets all applicable hazardous waste
generator, container, and tank requirements, except for the generator
fee requirement specified in subdivision (d).
(c) Used oil collected pursuant to this section shall be deemed to
be generated by the storage location upon receipt.
(d) Used oil collected pursuant to this section is exempt from the
generator fee imposed pursuant to Section 25205.5.
25250.16. (a) No person may recycle used oil without obtaining
authorization from the department pursuant to Section 25200 or
25200.5, or unless exempted pursuant to Section 25143.2.
(b) Any person who is authorized to recycle used oil pursuant to
Section 25200 or 25200.5 shall assure, to the satisfaction of the
department, that halogens removed from used oil in the recycling
process are not burned, except at a facility authorized to do so
pursuant to Section 25200 or 25200.5.
25250.17. (a) Unless the facility meets the requirements of Section
25250.11, each used oil recycling, storage, or transfer facility
shall submit a report, on or before March 1 of each even-numbered
year, to the department, on a form provided by the department,
containing all of the following information:
(1) The total volume of used oil possessed at the beginning and
end of the preceding calendar year.
(2) The total volume of used oil received during the preceding
calendar year.
(3) The total volume of used oil recycled during the preceding
calendar year, itemized as follows:
(A) Prepared for reuse as a petroleum product.
(B) Consumed in the process of preparing for reuse, including
wastes generated.
(C) Prepared for reuse other than as a petroleum product,
specifying each type of other use.
(D) Not recycled but transported offsite.
(E) The manner in which the used oil is processed or re-refined,
including the specific processes used, if applicable.
(4) Any other information which the department may require.
(b) The department may utilize reports collected by other
governmental agencies to obtain the information required by this
section.
25250.18. (a) Any person who transports recycled oil or oil
exempted pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall maintain with each shipment a certification form,
provided by the department, which contains all of the following
information:
(1) The name and address of the used oil recycling facility or
generator claiming the oil meets the requirements of Section 25250.1.
(2) The name and address of the facility receiving the shipment.
(3) The quantity of oil delivered.
(4) The date of shipment or delivery.
(5) A cross-reference to the records and documentation required
under Section 25250.1.
(b) Certification forms required in subdivision (a) shall be
maintained for three years and are subject to an audit and
verification by the department or the board.
25250.19. (a) (1) A used oil recycler shall test all recycled oil
in accordance with paragraph (2), prior to transportation from the
recycling facility, pursuant to applicable methods in the
Environmental Protection Agency Document No. Solid Waste 846 or an
equivalent alternative method approved or required by the department,
and shall ensure and certify the oil as being in compliance with the
standards specified in paragraph (3) of subdivision (a) of Section
25250.1.
(2) The used oil recycler shall test the recycled oil for
compliance with the purity standards set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1, and for any
other hazardous characteristics or constituents for which testing is
required in the permit issued by the department for the used oil
recycling facility. The permit shall require testing for compliance
with the purity standards set forth in subparagraph (B) of paragraph
(3) of subdivision (a) of Section 25250.1. The permit may also
require testing for other hazardous characteristics and constituents
only if the department finds, based upon evidence in the record, all
of the following:
(A) There is a reasonable expectation that the recycled oil may
exhibit the hazardous characteristic or contain the hazardous
constituent at a level that would cause it to be hazardous waste if
the recycled oil were a waste, taking into consideration at least all
of the following factors:
(i) The conditions included in the facility's permit limiting the
wastes that may be accepted at the facility and the conditions
requiring testing of the wastes accepted at the facility.
(ii) The types of wastes that historically have been accepted by
the facility or similar facilities and the types of wastes that the
facility can reasonably be expected to accept in the future,
including any new products or constituents.
(iii) Previous test results of recycled oil produced by the
facility indicating the presence, or lack of the presence, of the
constituent or characteristic at a level that would cause it to be
hazardous waste if the recycled oil were a waste.
(iv) The treatment technologies and methods authorized in the
facility's permit for production of the recycled oil and the extent
to which those treatment technologies and methods remove or reduce
the constituents or characteristics from the wastes accepted by the
facility; and
(B) The hazardous characteristic or constituent cannot reasonably
be expected to be present in products produced from crude oil similar
to the recycled oil products produced by the facility at levels that
would cause the product produced from crude oil to be a hazardous
waste if it were a waste.
(3) Records of tests performed pursuant to this subdivision and a
copy of each form completed pursuant to Section 25250.18 shall be
maintained for three years and are subject to audit and verification
by the department or the board. The department shall perform an audit
and verification on a periodic basis. The department may charge a
reasonable fee for this activity.
(b) (1) A generator claiming that used oil is exempted from
regulation pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall ensure that all used oil for which the exemption is
claimed has been tested and certified as being in compliance with the
standards specified in paragraph (1) of subdivision (b) of Section
25250.1, prior to transportation from the generator location. A
generator lawfully recycling its own oil shall ensure that all
recycled oil has been tested and certified as being in compliance
with the requirements specified in paragraph (2) of subdivision (b)
of Section 25250.1. Records of tests performed and a copy of each
form completed pursuant to Section 25250.18 shall be maintained for
three years and are subject to audit and verification by the
department, the unified program agency, or the board.
(2) Testing to meet the requirements in subparagraph (B) of
paragraph (1) of subdivision (b) of Section 25250.1 is not required
for dielectric fluid, derived from highly refined petroleum mineral
oil, from oil-filled electrical equipment if the generator of the
dielectric fluid has certified based on prior test results that the
dielectric fluid from similar equipment subject to similar operating
conditions did not exhibit the characteristic of toxicity as set
forth in Section 66261.24 of Title 22 of the California Code of
Regulations. A certification statement shall accompany each shipment
of used oil that the generator claims is exempted. Records of prior
tests on which the certification is based shall be maintained with
the certification by the generator and are subject to audit and
verification by the department, the unified program agency, or the
board.
(c) Used oil recyclers identified in subdivision (a) and
generators identified in subdivision (b) shall record in an operating
log and retain for three years the information specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section
25250.18 on each shipment of recycled or exempted oil.
(d) Operating logs required in subdivision (c) are subject to
audit and verification by the department, the unified program agency,
or the board.
(e) (1) If oil produced at a used oil recycling facility in this
state meets the standards of purity set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 and is not
hazardous due to the presence of a characteristic or constituent for
which the department has made a finding required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a), but the oil is
hazardous due to the presence of another constituent or
characteristic, the facility operator shall not be subject to a
penalty pursuant to this chapter for failing to manage the oil as a
hazardous waste, unless both of the following apply:
(A) While the oil was onsite at the facility, the operator of the
facility knew, or reasonably should have known, that the oil failed
to meet those criteria.
(B) The facility operator failed to take action to manage the oil
as a hazardous waste when the oil was determined to be hazardous.
(2) The department may exercise its authority, including, but not
limited to, the issuance of an order, to a used oil recycling
facility pursuant to Section 25187, to ensure that oil subject to
this subdivision is managed as a hazardous waste pursuant to this
chapter.
25250.20. Any person whose permit or registration has been revoked
may not apply for a new or renewed permit or registration for a
period of one year after the revocation of the permit or
registration.
25250.21. Any person whose permit or registration has been revoked
may not serve in the employ of a hazardous waste hauler or used oil
recycler during the period of revocation of the permit or
registration.
25250.22. (a) Notwithstanding any other provision of state law, and
to the extent consistent with the federal act, a filter that
contains a residue of gasoline or diesel fuel, may be managed in
accordance with the requirements in the department's regulations
governing the management of used oil filters, unless the department
adopts regulations establishing management standards specific to
filters that contain those residues.
(b) Management of filters that contain residue of gasoline, and
commingled filters that include filters that contain residue of
gasoline, shall also meet all of the following requirements:
(1) The filters shall be stored in containers that are designed to
prevent ignition of the gasoline and that are labeled "used oil and
gasoline filters."
(2) For purposes of transportation, the filters shall be packaged,
and the package shall be marked and labeled in accordance with the
applicable requirements of Parts 172 (commencing with Section 172.1),
173 (commencing with Section 173.1), 178 (commencing with Section
178.1), and 179 (commencing with Section 179.1) of Title 49 of the
Code of Federal Regulations.
(3) The filters shall be stored and otherwise managed in
accordance with applicable state and local fire code regulations.
(4) Any gasoline, or used oil commingled with gasoline, that
accumulates in containers or other equipment used for filter storage
or recycling, and nonmetal filter material removed from filter
housing, shall be evaluated pursuant to Section 66262.11 of Title 22
of the California Code of Regulations, to determine its regulatory
status under the federal act, and it shall be managed accordingly.
25250.23. Any person who transports used oil shall register as a
hazardous waste hauler and, unless specifically exempted or unless
the used oil is not regulated by the department pursuant to
subdivision (b) of Section 25250.1, shall comply with all provisions
of this chapter.
25250.24. (a) Except as provided in subdivision (b), any person who
generates, receives, stores, transfers, transports, treats, or
recycles used oil, unless specifically exempted or unless the used
oil is not regulated by the department pursuant to subdivision (b) of
Section 25250.1, shall comply with all provisions of this chapter.
(b) Used oil which is removed from a motor vehicle and which is
subsequently recycled, by a recycler who is permitted pursuant to
this article, shall not be included in the calculation of the amount
of hazardous waste generated for purposes of the generator fee
imposed pursuant to Section 25205.5.
25250.25. (a) Any person who manufactures containers which are
produced specifically for the noncommercial storage or transportation
of used oil and which are sold in this state to consumers, shall not
sell or transfer any of those containers in this state to any
person, unless the container meets all of the following requirements:
(1) The used oil cannot leak or unintentionally be spilled from
the container with normal handling.
(2) No part of the container that comes in contact with the used
oil can absorb any of the used oil being collected and transported.
(3) The following statement shall be printed on a readily visible
part of the container in at least 12-point typeface by the
manufacturers of the container:
"Used oil is classified as a hazardous waste under California law.
Used oil must be recycled properly. Placing used oil into household
garbage or commercial dumpsters or pouring it into sewers or onto the
ground is prohibited by law."
(b) Any person who manufactures containers which are produced
specifically for the noncommercial drainage of used oil and which are
sold in this state to consumers, shall not sell or transfer any of
those containers in this state to any person unless the container
meets the requirements of paragraphs (2) and (3) of subdivision (a).
25250.26. (a) Every generator of used oil, other than the owner or
operator of a used oil collection center, as defined in Section 48622
of the Public Resources Code, or a household hazardous waste
collection facility, as defined in Section 25218.1, that transfers
used oil to a recycling facility, shall submit a certification to the
transporter that the used oil transferred meets the definition of
used oil pursuant to subdivision (a) of Section 25250.1. The
certification shall specifically state that the used oil does not
contain polychlorinated biphenyls (PCBs) at a concentration of 5 ppm,
or greater, in accordance with clause (iv) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 25250.1. This subdivision
shall not be construed to affect the methods that a generator is
authorized to use to determine whether its waste constitutes used oil
or hazardous waste pursuant to Section 66262.11 of Title 22 of the
California Code of Regulations or under any other regulation or
provision of law.
(b) (1) Any generator that falsely certifies pursuant to
subdivision (a) that the used oil transferred to a used oil recycling
facility does not contain PCBs at a concentration of 5 ppm or
greater shall be liable for damages equal to three times the amount
of any costs incurred by any transporter, facility owner or operator,
or any other person adversely affected by the false certification,
in a civil action that may be brought by the adversely affected
party.
(2) In an action pursuant to this subdivision against a generator
whose used oil was commingled with used oil generated by other
generators prior to being delivered to the facility, the plaintiff
shall demonstrate, by clear and convincing evidence, that the
generator generated used oil containing PCBs at a concentration of
5ppm or greater.
(c) For the purposes of this section, the calculation of damages
shall include any consequential damages caused by mixing the
incorrectly certified PCB-contaminated used oil with other used oil.
(d) Nothing in this section shall affect the right of the
department or any other enforcement agency to institute an
administrative, civil, or criminal action against a generator that
has made a false certification.
(e) Any plaintiff seeking damages pursuant to this section shall
give written notice to the director upon filing an action pursuant to
this section.
25250.27. (a) Nothing in this article prohibits a generator from
managing and transporting used oil, to the extent consistent with
federal law, in accordance with Sections 25110.10, 25121.3, and
25163.3, if the generator meets the requirements specified in
Sections 25110.10, 25121.3, and 25163.3.
(b) This section does not constitute a change in, but is
declaratory of, existing law.
25250.28. (a) For purposes of this section, "automated onboard oil
management system" means a system designed to extend the intervals
between necessary oil changes and diminish the use of crankcase oil
by electronically sensing changes in the physical properties of the
oil in the crankcase and, based on the properties detected,
periodically transferring oil directly from the engine crankcase into
the fuel tank to be burned as fuel.
(b) Notwithstanding any other provision of law, oil that is
managed by an automated onboard oil management system is exempt from
the requirements of this article and is excluded from classification
as a waste under this chapter if all of the following conditions are
satisfied:
(1) The system is applied to a mining vehicle with a gross vehicle
weight capacity in excess of 200,000 pounds or a locomotive, and all
of the following conditions are satisfied:
(A) Data concerning the air emissions associated with the
operation of the system in those classes of equipment is submitted to
the State Air Resources Board on or before January 1, 2002, and the
data demonstrates that the operation of the system will not
significantly impair the state's air quality. Mitigation measures may
be provided to assist in satisfying this condition.
(B) The system is designed, maintained, and operated in a manner
that does all of the following:
(i) The leakage of oil from any of the component parts of the
system is prevented.
(ii) The quantity of used oil in the fuel tank at any given time
is not more than 3 percent of the nominal capacity of the fuel tank.
(iii) The system meets the air emission criteria demonstrated by
the applicant in the air emissions data submitted to the State Air
Resources Board pursuant to subparagraph (A).
(C) Any mitigation provided to satisfy the air quality requirement
in subparagraph (A) is maintained throughout the period of operation
of the system or alternative satisfactory mitigation is provided.
(2) The system and the use of the system is approved by the State
Air Resources Board, after consultation with the department, and all
of the following requirements are satisfied:
(A) The State Air Resources Board determines that operation of the
system will not significantly impair the state's air quality.
Mitigation measures may be provided to assist in satisfying this
requirement.
(B) A description of the manner in which the system will be
operated to ensure compliance with the federal act and the Clean Air
Act, as amended (42 U.S.C. Sec. 7401 et seq.) is submitted with the
application for approval of the system pursuant to this paragraph and
the system is operated in accordance with that description.
(C) The system is designed, maintained, and operated in a manner
that prevents the leakage of oil from any of the component parts of
the system.
(D) The system is designed, maintained, and operated in compliance
with any conditions that the State Air Resources Board, after
consultation with the department, determines to be necessary to
ensure compliance with the requirements of this section.
(E) Any mitigation provided to satisfy the air quality requirement
in subparagraph (A) is maintained throughout the period of operation
of the system or alternative satisfactory mitigation is provided.
(c) This section does not exempt any of the following:
(1) Oil removed from an engine, other than through the operation
of an automated onboard oil management system, from this article or
from classification as a waste under this chapter.
(2) Emissions or other releases into the environment resulting
from the operation of an automated onboard oil management system,
from otherwise applicable air emissions standards, or any other
applicable law.
(3) Oil managed by an automated onboard oil management system on
vehicles authorized to be driven on the public highways pursuant to
the Vehicle Code.
25250. (a) The Legislature finds that almost 100 million gallons of
used oil is generated each year in the state; that this oil is a
valuable petroleum resource which can be recycled; and that, in spite
of this potential for recycling, significant quantities of used oil
are wastefully disposed of or improperly used by means which pollute
the water, land, and air, and endanger the public health, safety, and
welfare.
(b) The Legislature also finds that readily available technologies
exist to recycle used oil into useful products and that used oil
should be collected and recycled, to the maximum extent possible, by
means which are economically feasible and environmentally sound, in
order to conserve irreplaceable petroleum resources, to protect the
environment, and to protect public health, safety, and welfare.
25250.1. (a) As used in this article, the following terms have the
following meaning:
(1) (A) "Used oil" means all of the following:
(i) Oil that has been refined from crude oil, or any synthetic
oil, that has been used, and, as a result of use or as a consequence
of extended storage, or spillage, has been contaminated with physical
or chemical impurities.
(ii) Material that is subject to regulation as used oil under Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
(B) Examples of used oil are spent lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, or
differential of an automobile, bus, truck, vessel, plane, heavy
equipment, or machinery powered by an internal combustion engine;
industrial oils, including compressor, turbine, and bearing oil;
hydraulic oil; metalworking oil; refrigeration oil; and railroad
drainings.
(C) "Used oil" does not include any of the following:
(i) Oil that has a flashpoint below 100 degrees Fahrenheit or that
has been mixed with hazardous waste, other than minimal amounts of
vehicle fuel.
(ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or
Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33
U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that
have eliminated the discharge of wastewater, contaminated with de
minimis quantities of used oil.
(II) For purposes of this clause, "de minimis quantities of used
oil" are 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.
(III) This exception does 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.
(iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
(v) (I) Oil containing more than 1000 ppm total halogens, which
shall be presumed to be a hazardous waste because it has been mixed
with halogenated hazardous waste listed in Subpart D (commencing with
Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations.
(II) A person may rebut the presumption specified in subclause (I)
by demonstrating that the used oil does not contain hazardous waste,
including, but not limited to, in the manner specified in subclause
(III).
(III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total
halogens at a concentration of more than 1000 ppm is solely either
household waste, as defined in Section 261.4(b)(1) of Title 40 of the
Code of Federal Regulations, or is collected from conditionally
exempt small quantity generators, as defined in Section 261.5 of
Title 40 of the Code of Federal Regulations. Nothing in this
subclause authorizes any person to violate the prohibition specified
in Section 25250.7.
(2) "Board" means the California Integrated Waste Management
Board.
(3) (A) "Recycled oil" means any oil that meets all of the
following requirements specified in clauses (i) to (iii), inclusive:
(i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under Section
279.10(b)(2) of Title 40 of the Code of Federal Regulations, the
mixture is managed as a hazardous waste in accordance with all
applicable hazardous waste regulations, and the recycled oil produced
from the mixture is not subject to regulation as a hazardous waste
under Section 279.10(b)(2) of Title 40 of the Code of Federal
Regulations. If the oily wastes with which the used oil is mixed were
recovered from a unit treating hazardous wastes that are not oily
wastes, these recovered oily wastes are not excluded from being
considered as oily wastes for purposes of this section or Section
25250.7.
(ii) The recycled oil meets one of the following requirements:
(I) The recycled oil is produced by a generator lawfully recycling
its oil.
(II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized by
the department. The department may not authorize a used oil recycling
facility to use a process in which used oil is mixed with one or
more contaminated petroleum products or oily wastes unless the
department determines that the process to be authorized for mixing
used oil with those products or wastes will not substantially
contribute to the achievement of compliance with the specifications
of subparagraph (B).
(III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by the
agency authorized to implement the federal act in that state.
(iii) Has been prepared for reuse and meets all of the following
standards:
(I) The oil meets the standards of purity set forth in
subparagraph (B).
(II) If the oil was produced by a generator lawfully recycling its
oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent other
than those listed in subparagraph (B).
(III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV) The oil is not subject to regulation as a hazardous waste
under the federal act.
(V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made the
finding required by subparagraph (B) of paragraph (2) of subdivision
(a) of Section 25250.19, except for one of the characteristics or
constituents identified in the standards of purity set forth in
subparagraph (B).
(B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation,
establishes more stringent standards:
(i) Flashpoint: minimum standards set by the American Society for
Testing and Materials for the recycled products. However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
(ii) Total lead: 50 mg/kg or less.
(iii) Total arsenic: 5 mg/kg or less.
(iv) Total chromium: 10 mg/kg or less.
(v) Total cadmium: 2 mg/kg or less.
(vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code
of Federal Regulations.
(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C) Compliance with the specifications of subparagraph (B) or with
the requirements of clauses (iv) and (v) of subparagraph (B) of
paragraph (1) shall not be met by blending or diluting used oil with
crude or virgin oil, or with a contaminated petroleum product or oily
waste, except as provided in subclause (II) of clause (ii) of
subparagraph (A), and shall be determined in accordance with the
procedures for identification and listing of hazardous waste adopted
in regulations by the department. Persons authorized by the
department to recycle oil shall maintain records of volumes and
characteristics of incoming used oil and outgoing recycled oil and
documentation concerning the recycling technology utilized to
demonstrate to the satisfaction of the department or other
enforcement agencies that the recycling has been achieved in
compliance with this subdivision.
(D) This paragraph does not apply to oil that is to be disposed of
or used in a manner constituting disposal.
(4) "Used oil recycling facility" means a facility that
reprocesses or re-refines used oil.
(5) "Used oil storage facility" means a storage facility, as
defined in subdivision (b) of Section 25123.3, that stores used oil.
(6) "Used oil transfer facility" means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that meets the
qualifications to be a storage facility, for purposes of Section
25123.3.
(7) (A) For purposes of this section and Section 25250.7 only,
"contaminated petroleum product" means a product that meets all of
the following conditions:
(i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.
(ii) It has not been used for its original intended purpose.
(iii) It is not listed in Subpart D (commencing with Section
251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the
Code of Federal Regulations.
(iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.
(B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to any
requirements of this chapter.
(b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:
(1) The used oil has not been treated by the generator of the used
oil, the generator claims the used oil is exempt from regulation by
the department, and the used oil meets all of the following
conditions:
(A) The used oil meets the standards set forth in subparagraph (B)
of paragraph (3) of subdivision (a).
(B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).
(C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.
(E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.
(F) The used oil is not disposed of or used in a manner
constituting disposal.
(2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.
(c) Used oil recycling facilities and generators lawfully
recycling their own used oil that are the first to claim that
recycled oil meets the requirements specified in paragraph (2) of
subdivision (b) shall maintain an operating log and copies of
certification forms, as specified in Section 25250.19. Any person who
generates used oil, and who claims that the used oil is exempt from
regulation pursuant to paragraph (1) of subdivision (b), shall notify
the department, in writing, of that claim and shall comply with the
testing and recordkeeping requirements of Section 25250.19 prior to
its reuse. In any action to enforce this article, the burden is on
the generator or recycling facility, whichever first claimed that the
used oil or recycled oil meets the standards and criteria, and on
the transporter or the user of the used oil or recycled oil,
whichever has possession, to prove that the oil meets those standards
and criteria.
(d) Used oil shall be managed in accordance with the requirements
of this chapter and any additional applicable requirements of Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
25250.3. Any virgin oil product or partially refined product, which
has not been previously used, which has become contaminated with
nonhazardous impurities such as dirt or water, and which has been
returned to bulk storage by the product's manufacturer, transporter,
or wholesaler for gravity separation of contaminants, is exempt from
this article. Any petroleum product which becomes contaminated with
any other petroleum product during refining, transportation by
pipeline, or storage and which remains usable as a refinery feed
stock or as a refinery fuel is exempt from this article.
25250.4. (a) Used oil shall be managed as a hazardous waste in
accordance with the requirements of this chapter, unless one of the
following applies:
(1) The used oil is excluded from regulation as hazardous waste
pursuant to Section 25143.2, and is not subject to regulation as
hazardous waste under the federal act.
(2) The used oil has been shown by the generator to meet the
requirements of paragraph (1) of subdivision (b) of Section 25250.1
or the used oil is recycled oil and meets the requirements of
paragraph (2) of subdivision (b) of Section 25250.1.
(b) This section does not apply to dielectric fluid removed from
oil-filled electrical equipment that is filtered and replaced,
onsite, at a restricted access electrical equipment area, or that is
removed and filtered at a maintenance facility for reuse in
electrical equipment and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
(c) For the purposes of this section:
(1) "Oil-filled electrical equipment" includes, but is not limited
to, transformers, circuit breakers, and capacitators.
(2) "Restricted access electrical equipment area" means a
fenced-off or walled-off restricted access area that is covered by a
spill prevention control and countermeasure plan prepared in
accordance with Part 112 of Title 40 of the Code of Federal
Regulations and that is used in the transmission or distribution of
electrical power, or both.
(d) For the purposes of subdivision (b), "filtered" means the use
of filters assisted by the application of heat and suction to remove
impurities, including, but not limited to, water, particulates, and
trace amounts of dissolved gases, by equipment mounted upon or above
an impervious surface.
(e) Nothing in this section affects the authority of the
department or a certified unified program agency in the event of a
spill.
25250.5. (a) The disposal of used oil by discharge to sewers,
drainage systems, surface water or groundwater, watercourses, or
marine waters; by incineration or burning as fuel; or by deposit on
land, is prohibited, unless authorized under other provisions of law.
(b) The use of used oil or recycled oil as a dust suppressant or
insect or weed control agent is prohibited unless allowed under
another applicable law, but only to the extent that use as a dust
suppressant or insect or weed control agent is consistent with the
federal act.
25250.7. (a) Except as provided in subdivision (b) or (c), no
person who generates, stores, or transfers used oil shall
intentionally contaminate used oil with other hazardous waste other
than minimal amounts of vehicle fuel.
(b) A used oil transfer or recycling facility authorized by the
department pursuant to Section 25200, 25200.5, or 25201.6 may mix
used oil with a contaminated petroleum product or with an oily waste
other than wastes listed as hazardous under the federal act, if all
of the following conditions are met:
(1) If the resultant mixture is subject to regulation as a
hazardous waste under paragraph (2) of subsection (b) of Section
279.10 of Title 40 of the Code of Federal Regulations, it is managed
as a hazardous waste in accordance with all applicable hazardous
waste regulations.
(2) The resultant mixture is used to produce recycled oil, as
defined in paragraph (3) of subdivision (a) of Section 25250.1, at a
used oil recycling facility solely by means of a process that has
been specifically authorized by the department to treat these
mixtures.
(3) The mixing of the used oil with a contaminated petroleum
product or an oily waste is specifically authorized in the facility's
permit.
(c) A generator or transporter may mix used oil with one or more
contaminated petroleum products if the mixture is managed in
accordance with Section 25143.2 or if all of the following conditions
apply:
(1) If the resultant mixture is subject to regulation as a
hazardous waste under paragraph (2) of subsection (b) of Section
279.10 of Title 40 of the Code of Federal Regulations, it is managed
as a hazardous waste in accordance with all applicable hazardous
waste regulations.
(2) (A) Except as provided in subparagraph (B), the resultant
mixture is transported to a used oil recycling facility that issues a
statement, in writing, to the generator or transporter that the
mixture will be used to produce recycled oil, as defined in paragraph
(3) of subdivision (a) of Section 25250.1, at a facility authorized
to operate pursuant to Section 25200 or 25200.5 solely by means of a
process that has been specifically authorized by the department to
treat these mixtures.
(B) If the resultant mixture is transported to a used oil
recycling facility located in another state, that facility is
authorized by the agency authorized to implement the federal act in
that state.
(3) The mixing is not conducted in a manner that violates
subparagraph (C) of paragraph (3) of subdivision (a) of Section
25250.1.
(4) The transporter tests the halogen content of the used oil to
demonstrate compliance with clause (vi) of subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 before mixing the
used oil with the contaminated petroleum product.
25250.9. (a) (1) Except as provided in subdivision (b), a hazardous
waste transporter who transports used oil shall provide a written
notification in the form below to each generator from whom the
transporter receives used oil:
IMPORTANT NOTICE REGARDING THE DISPOSITION OF
YOUR USED OIL
PLEASE SIGN AFTER READING
_________________ (used oil transporter) hereby
advises ___________
(used oil generator) that ____________
(generator's) shipment of used oil
may be transported to a facility that is required
to comply with federal
regulations applicable to management of used oil,
but that is not required
to comply with the more stringent requirements
applicable to hazardous
waste management facilities. California
facilities that handle or process
used oil are required to meet those more
stringent requirements, and some
out-of-state facilities that process used oil
also meet those requirements.
These include more stringent leak detection and
prevention requirements,
engineering certifications of tank integrity, and
financial assurances for
closure and accidental releases. It is lawful to
send used oil to
out-of-state facilities that comply only with
federal used oil management
standards and not these more stringent
requirements.
This notification is for information purposes
only.
________________________ (signed, Transporter)
Date: ______
________________________ (signed, Generator)
Date: ______
(2) A hazardous waste transporter shall provide the notice
required pursuant to paragraph (1) at least once each year, except if
the notice is provided pursuant to subdivision (g).
(b) A transporter is not required to provide a generator with the
notification specified in subdivision (a) if either of the following
apply:
(1) The generator from whom the transporter receives used oil
specifically designates in writing that the used oil is to be
transported to a specified facility and that facility either is
authorized by the department to produce used oil into recycled oil or
it is operating in accordance with a hazardous waste facilities
permit or interim status document issued pursuant to the federal act.
(2) The transporter annually certifies to the generator, in
writing, that any used oil that the transporter receives from the
generator will be transported only to a facility that is authorized
by the department to produce used oil into recycled oil or to a
facility that is lawfully operating in accordance with a hazardous
waste facilities permit or interim status document issued pursuant to
the federal act.
(c) A transporter may make the certification specified in
subdivision (a) even if the used oil the transporter receives from
the generator is first transported to a transfer facility, as defined
in paragraph (3) of subdivision (a) of Section 25123.3, or a storage
facility authorized by the department to store used oil, before the
used oil is sent to a facility that is authorized by the department
to produce used oil into recycled oil or to a facility that is
lawfully operating in accordance with a hazardous waste facilities
permit or interim status document issued pursuant to the federal act.
(d) Any person who makes a material misrepresentation in the
course of implementing the requirements of this section is in
violation of this chapter. A transporter that relies in reasonable
good faith upon a statement made by a facility to comply with this
section is not in violation of this chapter.
(e) Each transporter subject to this section shall retain the
documents necessary to demonstrate compliance with this section,
including, but not limited to, each signed notification form, for as
long as the transporter is required to retain the manifest for the
used oil to which the documents apply.
(f) This section shall not be construed to prohibit the
transportation of used oil to any facility located outside the state,
or to impose liability upon, or in any way affect the liability of a
generator whose used oil is transported to a facility located
outside the state in accordance with the requirements of this
section.
(g) A transporter may place the notification and signature and
date block specified in subdivision (a) on the back of the service
order the transporter provides to the generator, if the notification
language and associated signature and date block specified in
subdivision (a) is the only wording appearing on that side of the
service order and the transporter and generator sign the signature
and date block each time the generator receives a service order.
25250.10. Every registered hazardous waste hauler who transports
used oil shall report to the department, on or before March 1 of each
year, the following information on a form provided by the
department:
(a) The shipping descriptions of used oil transported during the
preceding calendar year.
(b) The volume of each type of used oil transported, identified by
shipping description.
(c) The facilities to which the used oil was transported,
identified by name, address, telephone number, and Environmental
Protection Agency identification number.
25250.11. (a) Any person who receives used oil from consumers or
other used oil generators, is exempt from hazardous waste facilities
permit requirements imposed pursuant to Article 9 (commencing with
Section 25200) with respect to any location at which used oil is
received if all of the following conditions are met:
(1) Each shipment of used oil received does not exceed 55 gallons,
and the capacity of any single container does not exceed 55 gallons.
(2) No other hazardous wastes are received at the location, unless
authorized by other provisions of law.
(3) The used oil is transported by the generator of the used oil.
(b) Any person who transports used oil is exempt from the
requirements of subdivision (a) of Section 25163 and from the
requirements of Section 25160 concerning the possession of a manifest
while transporting used oil to a location described in subdivision
(a) if all of the following conditions are met:
(1) The capacity of any single container does not exceed 55
gallons.
(2) Each shipment of used oil does not exceed 55 gallons.
(3) The person transporting the used oil had generated the used
oil.
(4) The person transporting the used oil does not transport
greater than 20 gallons of used oil, and does not transport any used
oil in any container exceeding 5 gallons in capacity, without first
contacting the destination location described in subdivision (a) and
verifying that the location will accept the used oil.
(c) This section does not prevent any person that receives used
oil pursuant to subdivision (a) from placing volume limits or
container size limits on the shipments of used oil accepted by that
person that are smaller than the limits specified in this section.
25250.12. Used oil generated during maintenance operations may be
transferred from its point of generation to the maintenance person's
place of business, other than a residence, for the purpose of
consolidation in a tank or container, without meeting the
requirements of Sections 25160, 25163, and 25201, if the material is
to be recycled at an authorized offsite hazardous waste facility and
if all the following conditions are met:
(a) The generator transports the used oil in a vehicle owned by
the generator or owned by an employee of the generator.
(b) Not more than 55 gallons are transferred in the vehicle at any
one time.
(c) The used oil is managed in accordance with all laws concerning
storage and handling of hazardous wastes upon consolidation at the
maintenance person's place of business.
(d) The used oil is deemed to be generated at the point of
consolidation upon consolidation.
25250.13. Notwithstanding any provision of this chapter, a transfer
facility, as defined in paragraph (3) of subdivision (a) of Section
25123.3, that accepts used oil and holds the oil for more than 24
hours, but is not otherwise a storage facility, as defined in
subdivision (b) of Section 25123.3, shall comply with the
requirements for used oil transfer facilities that are specified in
Subpart E (commencing with Section 279.40) of Part 279 of Title 40 of
the Code of Federal Regulations.
25250.15. (a) Any person operating a refuse removal vehicle or a
curbside collection vehicle used to collect or transport used oil
which has been generated as a household waste or as part of a
curbside recycling program, as defined by the board, is exempt from
the requirements of Sections 25160 and 25250.8, and subdivision (a)
of Section 25163 of this code and Chapter 2.5 (commencing with
Section 2500) of Division 2 of, Division 14.1 (commencing with
Section 32000) of, and subdivision (g) of Section 34500 of, the
Vehicle Code.
(b) Refuse removal and other curbside collection operations
exempted under subdivision (a) are also exempt from permit
requirements pursuant to Article 9 (commencing with Section 25200),
if the storage location meets all applicable hazardous waste
generator, container, and tank requirements, except for the generator
fee requirement specified in subdivision (d).
(c) Used oil collected pursuant to this section shall be deemed to
be generated by the storage location upon receipt.
(d) Used oil collected pursuant to this section is exempt from the
generator fee imposed pursuant to Section 25205.5.
25250.16. (a) No person may recycle used oil without obtaining
authorization from the department pursuant to Section 25200 or
25200.5, or unless exempted pursuant to Section 25143.2.
(b) Any person who is authorized to recycle used oil pursuant to
Section 25200 or 25200.5 shall assure, to the satisfaction of the
department, that halogens removed from used oil in the recycling
process are not burned, except at a facility authorized to do so
pursuant to Section 25200 or 25200.5.
25250.17. (a) Unless the facility meets the requirements of Section
25250.11, each used oil recycling, storage, or transfer facility
shall submit a report, on or before March 1 of each even-numbered
year, to the department, on a form provided by the department,
containing all of the following information:
(1) The total volume of used oil possessed at the beginning and
end of the preceding calendar year.
(2) The total volume of used oil received during the preceding
calendar year.
(3) The total volume of used oil recycled during the preceding
calendar year, itemized as follows:
(A) Prepared for reuse as a petroleum product.
(B) Consumed in the process of preparing for reuse, including
wastes generated.
(C) Prepared for reuse other than as a petroleum product,
specifying each type of other use.
(D) Not recycled but transported offsite.
(E) The manner in which the used oil is processed or re-refined,
including the specific processes used, if applicable.
(4) Any other information which the department may require.
(b) The department may utilize reports collected by other
governmental agencies to obtain the information required by this
section.
25250.18. (a) Any person who transports recycled oil or oil
exempted pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall maintain with each shipment a certification form,
provided by the department, which contains all of the following
information:
(1) The name and address of the used oil recycling facility or
generator claiming the oil meets the requirements of Section 25250.1.
(2) The name and address of the facility receiving the shipment.
(3) The quantity of oil delivered.
(4) The date of shipment or delivery.
(5) A cross-reference to the records and documentation required
under Section 25250.1.
(b) Certification forms required in subdivision (a) shall be
maintained for three years and are subject to an audit and
verification by the department or the board.
25250.19. (a) (1) A used oil recycler shall test all recycled oil
in accordance with paragraph (2), prior to transportation from the
recycling facility, pursuant to applicable methods in the
Environmental Protection Agency Document No. Solid Waste 846 or an
equivalent alternative method approved or required by the department,
and shall ensure and certify the oil as being in compliance with the
standards specified in paragraph (3) of subdivision (a) of Section
25250.1.
(2) The used oil recycler shall test the recycled oil for
compliance with the purity standards set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1, and for any
other hazardous characteristics or constituents for which testing is
required in the permit issued by the department for the used oil
recycling facility. The permit shall require testing for compliance
with the purity standards set forth in subparagraph (B) of paragraph
(3) of subdivision (a) of Section 25250.1. The permit may also
require testing for other hazardous characteristics and constituents
only if the department finds, based upon evidence in the record, all
of the following:
(A) There is a reasonable expectation that the recycled oil may
exhibit the hazardous characteristic or contain the hazardous
constituent at a level that would cause it to be hazardous waste if
the recycled oil were a waste, taking into consideration at least all
of the following factors:
(i) The conditions included in the facility's permit limiting the
wastes that may be accepted at the facility and the conditions
requiring testing of the wastes accepted at the facility.
(ii) The types of wastes that historically have been accepted by
the facility or similar facilities and the types of wastes that the
facility can reasonably be expected to accept in the future,
including any new products or constituents.
(iii) Previous test results of recycled oil produced by the
facility indicating the presence, or lack of the presence, of the
constituent or characteristic at a level that would cause it to be
hazardous waste if the recycled oil were a waste.
(iv) The treatment technologies and methods authorized in the
facility's permit for production of the recycled oil and the extent
to which those treatment technologies and methods remove or reduce
the constituents or characteristics from the wastes accepted by the
facility; and
(B) The hazardous characteristic or constituent cannot reasonably
be expected to be present in products produced from crude oil similar
to the recycled oil products produced by the facility at levels that
would cause the product produced from crude oil to be a hazardous
waste if it were a waste.
(3) Records of tests performed pursuant to this subdivision and a
copy of each form completed pursuant to Section 25250.18 shall be
maintained for three years and are subject to audit and verification
by the department or the board. The department shall perform an audit
and verification on a periodic basis. The department may charge a
reasonable fee for this activity.
(b) (1) A generator claiming that used oil is exempted from
regulation pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall ensure that all used oil for which the exemption is
claimed has been tested and certified as being in compliance with the
standards specified in paragraph (1) of subdivision (b) of Section
25250.1, prior to transportation from the generator location. A
generator lawfully recycling its own oil shall ensure that all
recycled oil has been tested and certified as being in compliance
with the requirements specified in paragraph (2) of subdivision (b)
of Section 25250.1. Records of tests performed and a copy of each
form completed pursuant to Section 25250.18 shall be maintained for
three years and are subject to audit and verification by the
department, the unified program agency, or the board.
(2) Testing to meet the requirements in subparagraph (B) of
paragraph (1) of subdivision (b) of Section 25250.1 is not required
for dielectric fluid, derived from highly refined petroleum mineral
oil, from oil-filled electrical equipment if the generator of the
dielectric fluid has certified based on prior test results that the
dielectric fluid from similar equipment subject to similar operating
conditions did not exhibit the characteristic of toxicity as set
forth in Section 66261.24 of Title 22 of the California Code of
Regulations. A certification statement shall accompany each shipment
of used oil that the generator claims is exempted. Records of prior
tests on which the certification is based shall be maintained with
the certification by the generator and are subject to audit and
verification by the department, the unified program agency, or the
board.
(c) Used oil recyclers identified in subdivision (a) and
generators identified in subdivision (b) shall record in an operating
log and retain for three years the information specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section
25250.18 on each shipment of recycled or exempted oil.
(d) Operating logs required in subdivision (c) are subject to
audit and verification by the department, the unified program agency,
or the board.
(e) (1) If oil produced at a used oil recycling facility in this
state meets the standards of purity set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 and is not
hazardous due to the presence of a characteristic or constituent for
which the department has made a finding required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a), but the oil is
hazardous due to the presence of another constituent or
characteristic, the facility operator shall not be subject to a
penalty pursuant to this chapter for failing to manage the oil as a
hazardous waste, unless both of the following apply:
(A) While the oil was onsite at the facility, the operator of the
facility knew, or reasonably should have known, that the oil failed
to meet those criteria.
(B) The facility operator failed to take action to manage the oil
as a hazardous waste when the oil was determined to be hazardous.
(2) The department may exercise its authority, including, but not
limited to, the issuance of an order, to a used oil recycling
facility pursuant to Section 25187, to ensure that oil subject to
this subdivision is managed as a hazardous waste pursuant to this
chapter.
25250.20. Any person whose permit or registration has been revoked
may not apply for a new or renewed permit or registration for a
period of one year after the revocation of the permit or
registration.
25250.21. Any person whose permit or registration has been revoked
may not serve in the employ of a hazardous waste hauler or used oil
recycler during the period of revocation of the permit or
registration.
25250.22. (a) Notwithstanding any other provision of state law, and
to the extent consistent with the federal act, a filter that
contains a residue of gasoline or diesel fuel, may be managed in
accordance with the requirements in the department's regulations
governing the management of used oil filters, unless the department
adopts regulations establishing management standards specific to
filters that contain those residues.
(b) Management of filters that contain residue of gasoline, and
commingled filters that include filters that contain residue of
gasoline, shall also meet all of the following requirements:
(1) The filters shall be stored in containers that are designed to
prevent ignition of the gasoline and that are labeled "used oil and
gasoline filters."
(2) For purposes of transportation, the filters shall be packaged,
and the package shall be marked and labeled in accordance with the
applicable requirements of Parts 172 (commencing with Section 172.1),
173 (commencing with Section 173.1), 178 (commencing with Section
178.1), and 179 (commencing with Section 179.1) of Title 49 of the
Code of Federal Regulations.
(3) The filters shall be stored and otherwise managed in
accordance with applicable state and local fire code regulations.
(4) Any gasoline, or used oil commingled with gasoline, that
accumulates in containers or other equipment used for filter storage
or recycling, and nonmetal filter material removed from filter
housing, shall be evaluated pursuant to Section 66262.11 of Title 22
of the California Code of Regulations, to determine its regulatory
status under the federal act, and it shall be managed accordingly.
25250.23. Any person who transports used oil shall register as a
hazardous waste hauler and, unless specifically exempted or unless
the used oil is not regulated by the department pursuant to
subdivision (b) of Section 25250.1, shall comply with all provisions
of this chapter.
25250.24. (a) Except as provided in subdivision (b), any person who
generates, receives, stores, transfers, transports, treats, or
recycles used oil, unless specifically exempted or unless the used
oil is not regulated by the department pursuant to subdivision (b) of
Section 25250.1, shall comply with all provisions of this chapter.
(b) Used oil which is removed from a motor vehicle and which is
subsequently recycled, by a recycler who is permitted pursuant to
this article, shall not be included in the calculation of the amount
of hazardous waste generated for purposes of the generator fee
imposed pursuant to Section 25205.5.
25250.25. (a) Any person who manufactures containers which are
produced specifically for the noncommercial storage or transportation
of used oil and which are sold in this state to consumers, shall not
sell or transfer any of those containers in this state to any
person, unless the container meets all of the following requirements:
(1) The used oil cannot leak or unintentionally be spilled from
the container with normal handling.
(2) No part of the container that comes in contact with the used
oil can absorb any of the used oil being collected and transported.
(3) The following statement shall be printed on a readily visible
part of the container in at least 12-point typeface by the
manufacturers of the container:
"Used oil is classified as a hazardous waste under California law.
Used oil must be recycled properly. Placing used oil into household
garbage or commercial dumpsters or pouring it into sewers or onto the
ground is prohibited by law."
(b) Any person who manufactures containers which are produced
specifically for the noncommercial drainage of used oil and which are
sold in this state to consumers, shall not sell or transfer any of
those containers in this state to any person unless the container
meets the requirements of paragraphs (2) and (3) of subdivision (a).
25250.26. (a) Every generator of used oil, other than the owner or
operator of a used oil collection center, as defined in Section 48622
of the Public Resources Code, or a household hazardous waste
collection facility, as defined in Section 25218.1, that transfers
used oil to a recycling facility, shall submit a certification to the
transporter that the used oil transferred meets the definition of
used oil pursuant to subdivision (a) of Section 25250.1. The
certification shall specifically state that the used oil does not
contain polychlorinated biphenyls (PCBs) at a concentration of 5 ppm,
or greater, in accordance with clause (iv) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 25250.1. This subdivision
shall not be construed to affect the methods that a generator is
authorized to use to determine whether its waste constitutes used oil
or hazardous waste pursuant to Section 66262.11 of Title 22 of the
California Code of Regulations or under any other regulation or
provision of law.
(b) (1) Any generator that falsely certifies pursuant to
subdivision (a) that the used oil transferred to a used oil recycling
facility does not contain PCBs at a concentration of 5 ppm or
greater shall be liable for damages equal to three times the amount
of any costs incurred by any transporter, facility owner or operator,
or any other person adversely affected by the false certification,
in a civil action that may be brought by the adversely affected
party.
(2) In an action pursuant to this subdivision against a generator
whose used oil was commingled with used oil generated by other
generators prior to being delivered to the facility, the plaintiff
shall demonstrate, by clear and convincing evidence, that the
generator generated used oil containing PCBs at a concentration of
5ppm or greater.
(c) For the purposes of this section, the calculation of damages
shall include any consequential damages caused by mixing the
incorrectly certified PCB-contaminated used oil with other used oil.
(d) Nothing in this section shall affect the right of the
department or any other enforcement agency to institute an
administrative, civil, or criminal action against a generator that
has made a false certification.
(e) Any plaintiff seeking damages pursuant to this section shall
give written notice to the director upon filing an action pursuant to
this section.
25250.27. (a) Nothing in this article prohibits a generator from
managing and transporting used oil, to the extent consistent with
federal law, in accordance with Sections 25110.10, 25121.3, and
25163.3, if the generator meets the requirements specified in
Sections 25110.10, 25121.3, and 25163.3.
(b) This section does not constitute a change in, but is
declaratory of, existing law.
25250.28. (a) For purposes of this section, "automated onboard oil
management system" means a system designed to extend the intervals
between necessary oil changes and diminish the use of crankcase oil
by electronically sensing changes in the physical properties of the
oil in the crankcase and, based on the properties detected,
periodically transferring oil directly from the engine crankcase into
the fuel tank to be burned as fuel.
(b) Notwithstanding any other provision of law, oil that is
managed by an automated onboard oil management system is exempt from
the requirements of this article and is excluded from classification
as a waste under this chapter if all of the following conditions are
satisfied:
(1) The system is applied to a mining vehicle with a gross vehicle
weight capacity in excess of 200,000 pounds or a locomotive, and all
of the following conditions are satisfied:
(A) Data concerning the air emissions associated with the
operation of the system in those classes of equipment is submitted to
the State Air Resources Board on or before January 1, 2002, and the
data demonstrates that the operation of the system will not
significantly impair the state's air quality. Mitigation measures may
be provided to assist in satisfying this condition.
(B) The system is designed, maintained, and operated in a manner
that does all of the following:
(i) The leakage of oil from any of the component parts of the
system is prevented.
(ii) The quantity of used oil in the fuel tank at any given time
is not more than 3 percent of the nominal capacity of the fuel tank.
(iii) The system meets the air emission criteria demonstrated by
the applicant in the air emissions data submitted to the State Air
Resources Board pursuant to subparagraph (A).
(C) Any mitigation provided to satisfy the air quality requirement
in subparagraph (A) is maintained throughout the period of operation
of the system or alternative satisfactory mitigation is provided.
(2) The system and the use of the system is approved by the State
Air Resources Board, after consultation with the department, and all
of the following requirements are satisfied:
(A) The State Air Resources Board determines that operation of the
system will not significantly impair the state's air quality.
Mitigation measures may be provided to assist in satisfying this
requirement.
(B) A description of the manner in which the system will be
operated to ensure compliance with the federal act and the Clean Air
Act, as amended (42 U.S.C. Sec. 7401 et seq.) is submitted with the
application for approval of the system pursuant to this paragraph and
the system is operated in accordance with that description.
(C) The system is designed, maintained, and operated in a manner
that prevents the leakage of oil from any of the component parts of
the system.
(D) The system is designed, maintained, and operated in compliance
with any conditions that the State Air Resources Board, after
consultation with the department, determines to be necessary to
ensure compliance with the requirements of this section.
(E) Any mitigation provided to satisfy the air quality requirement
in subparagraph (A) is maintained throughout the period of operation
of the system or alternative satisfactory mitigation is provided.
(c) This section does not exempt any of the following:
(1) Oil removed from an engine, other than through the operation
of an automated onboard oil management system, from this article or
from classification as a waste under this chapter.
(2) Emissions or other releases into the environment resulting
from the operation of an automated onboard oil management system,
from otherwise applicable air emissions standards, or any other
applicable law.
(3) Oil managed by an automated onboard oil management system on
vehicles authorized to be driven on the public highways pursuant to
the Vehicle Code.
25250. (a) The Legislature finds that almost 100 million gallons of
used oil is generated each year in the state; that this oil is a
valuable petroleum resource which can be recycled; and that, in spite
of this potential for recycling, significant quantities of used oil
are wastefully disposed of or improperly used by means which pollute
the water, land, and air, and endanger the public health, safety, and
welfare.
(b) The Legislature also finds that readily available technologies
exist to recycle used oil into useful products and that used oil
should be collected and recycled, to the maximum extent possible, by
means which are economically feasible and environmentally sound, in
order to conserve irreplaceable petroleum resources, to protect the
environment, and to protect public health, safety, and welfare.
25250.1. (a) As used in this article, the following terms have the
following meaning:
(1) (A) "Used oil" means all of the following:
(i) Oil that has been refined from crude oil, or any synthetic
oil, that has been used, and, as a result of use or as a consequence
of extended storage, or spillage, has been contaminated with physical
or chemical impurities.
(ii) Material that is subject to regulation as used oil under Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
(B) Examples of used oil are spent lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, or
differential of an automobile, bus, truck, vessel, plane, heavy
equipment, or machinery powered by an internal combustion engine;
industrial oils, including compressor, turbine, and bearing oil;
hydraulic oil; metalworking oil; refrigeration oil; and railroad
drainings.
(C) "Used oil" does not include any of the following:
(i) Oil that has a flashpoint below 100 degrees Fahrenheit or that
has been mixed with hazardous waste, other than minimal amounts of
vehicle fuel.
(ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or
Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33
U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that
have eliminated the discharge of wastewater, contaminated with de
minimis quantities of used oil.
(II) For purposes of this clause, "de minimis quantities of used
oil" are 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.
(III) This exception does 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.
(iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
(v) (I) Oil containing more than 1000 ppm total halogens, which
shall be presumed to be a hazardous waste because it has been mixed
with halogenated hazardous waste listed in Subpart D (commencing with
Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations.
(II) A person may rebut the presumption specified in subclause (I)
by demonstrating that the used oil does not contain hazardous waste,
including, but not limited to, in the manner specified in subclause
(III).
(III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total
halogens at a concentration of more than 1000 ppm is solely either
household waste, as defined in Section 261.4(b)(1) of Title 40 of the
Code of Federal Regulations, or is collected from conditionally
exempt small quantity generators, as defined in Section 261.5 of
Title 40 of the Code of Federal Regulations. Nothing in this
subclause authorizes any person to violate the prohibition specified
in Section 25250.7.
(2) "Board" means the California Integrated Waste Management
Board.
(3) (A) "Recycled oil" means any oil that meets all of the
following requirements specified in clauses (i) to (iii), inclusive:
(i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under Section
279.10(b)(2) of Title 40 of the Code of Federal Regulations, the
mixture is managed as a hazardous waste in accordance with all
applicable hazardous waste regulations, and the recycled oil produced
from the mixture is not subject to regulation as a hazardous waste
under Section 279.10(b)(2) of Title 40 of the Code of Federal
Regulations. If the oily wastes with which the used oil is mixed were
recovered from a unit treating hazardous wastes that are not oily
wastes, these recovered oily wastes are not excluded from being
considered as oily wastes for purposes of this section or Section
25250.7.
(ii) The recycled oil meets one of the following requirements:
(I) The recycled oil is produced by a generator lawfully recycling
its oil.
(II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized by
the department. The department may not authorize a used oil recycling
facility to use a process in which used oil is mixed with one or
more contaminated petroleum products or oily wastes unless the
department determines that the process to be authorized for mixing
used oil with those products or wastes will not substantially
contribute to the achievement of compliance with the specifications
of subparagraph (B).
(III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by the
agency authorized to implement the federal act in that state.
(iii) Has been prepared for reuse and meets all of the following
standards:
(I) The oil meets the standards of purity set forth in
subparagraph (B).
(II) If the oil was produced by a generator lawfully recycling its
oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent other
than those listed in subparagraph (B).
(III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV) The oil is not subject to regulation as a hazardous waste
under the federal act.
(V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made the
finding required by subparagraph (B) of paragraph (2) of subdivision
(a) of Section 25250.19, except for one of the characteristics or
constituents identified in the standards of purity set forth in
subparagraph (B).
(B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation,
establishes more stringent standards:
(i) Flashpoint: minimum standards set by the American Society for
Testing and Materials for the recycled products. However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
(ii) Total lead: 50 mg/kg or less.
(iii) Total arsenic: 5 mg/kg or less.
(iv) Total chromium: 10 mg/kg or less.
(v) Total cadmium: 2 mg/kg or less.
(vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code
of Federal Regulations.
(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C) Compliance with the specifications of subparagraph (B) or with
the requirements of clauses (iv) and (v) of subparagraph (B) of
paragraph (1) shall not be met by blending or diluting used oil with
crude or virgin oil, or with a contaminated petroleum product or oily
waste, except as provided in subclause (II) of clause (ii) of
subparagraph (A), and shall be determined in accordance with the
procedures for identification and listing of hazardous waste adopted
in regulations by the department. Persons authorized by the
department to recycle oil shall maintain records of volumes and
characteristics of incoming used oil and outgoing recycled oil and
documentation concerning the recycling technology utilized to
demonstrate to the satisfaction of the department or other
enforcement agencies that the recycling has been achieved in
compliance with this subdivision.
(D) This paragraph does not apply to oil that is to be disposed of
or used in a manner constituting disposal.
(4) "Used oil recycling facility" means a facility that
reprocesses or re-refines used oil.
(5) "Used oil storage facility" means a storage facility, as
defined in subdivision (b) of Section 25123.3, that stores used oil.
(6) "Used oil transfer facility" means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that meets the
qualifications to be a storage facility, for purposes of Section
25123.3.
(7) (A) For purposes of this section and Section 25250.7 only,
"contaminated petroleum product" means a product that meets all of
the following conditions:
(i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.
(ii) It has not been used for its original intended purpose.
(iii) It is not listed in Subpart D (commencing with Section
251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the
Code of Federal Regulations.
(iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.
(B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to any
requirements of this chapter.
(b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:
(1) The used oil has not been treated by the generator of the used
oil, the generator claims the used oil is exempt from regulation by
the department, and the used oil meets all of the following
conditions:
(A) The used oil meets the standards set forth in subparagraph (B)
of paragraph (3) of subdivision (a).
(B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).
(C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.
(E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.
(F) The used oil is not disposed of or used in a manner
constituting disposal.
(2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.
(c) Used oil recycling facilities and generators lawfully
recycling their own used oil that are the first to claim that
recycled oil meets the requirements specified in paragraph (2) of
subdivision (b) shall maintain an operating log and copies of
certification forms, as specified in Section 25250.19. Any person who
generates used oil, and who claims that the used oil is exempt from
regulation pursuant to paragraph (1) of subdivision (b), shall notify
the department, in writing, of that claim and shall comply with the
testing and recordkeeping requirements of Section 25250.19 prior to
its reuse. In any action to enforce this article, the burden is on
the generator or recycling facility, whichever first claimed that the
used oil or recycled oil meets the standards and criteria, and on
the transporter or the user of the used oil or recycled oil,
whichever has possession, to prove that the oil meets those standards
and criteria.
(d) Used oil shall be managed in accordance with the requirements
of this chapter and any additional applicable requirements of Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
25250.3. Any virgin oil product or partially refined product, which
has not been previously used, which has become contaminated with
nonhazardous impurities such as dirt or water, and which has been
returned to bulk storage by the product's manufacturer, transporter,
or wholesaler for gravity separation of contaminants, is exempt from
this article. Any petroleum product which becomes contaminated with
any other petroleum product during refining, transportation by
pipeline, or storage and which remains usable as a refinery feed
stock or as a refinery fuel is exempt from this article.
25250.4. (a) Used oil shall be managed as a hazardous waste in
accordance with the requirements of this chapter, unless one of the
following applies:
(1) The used oil is excluded from regulation as hazardous waste
pursuant to Section 25143.2, and is not subject to regulation as
hazardous waste under the federal act.
(2) The used oil has been shown by the generator to meet the
requirements of paragraph (1) of subdivision (b) of Section 25250.1
or the used oil is recycled oil and meets the requirements of
paragraph (2) of subdivision (b) of Section 25250.1.
(b) This section does not apply to dielectric fluid removed from
oil-filled electrical equipment that is filtered and replaced,
onsite, at a restricted access electrical equipment area, or that is
removed and filtered at a maintenance facility for reuse in
electrical equipment and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
(c) For the purposes of this section:
(1) "Oil-filled electrical equipment" includes, but is not limited
to, transformers, circuit breakers, and capacitators.
(2) "Restricted access electrical equipment area" means a
fenced-off or walled-off restricted access area that is covered by a
spill prevention control and countermeasure plan prepared in
accordance with Part 112 of Title 40 of the Code of Federal
Regulations and that is used in the transmission or distribution of
electrical power, or both.
(d) For the purposes of subdivision (b), "filtered" means the use
of filters assisted by the application of heat and suction to remove
impurities, including, but not limited to, water, particulates, and
trace amounts of dissolved gases, by equipment mounted upon or above
an impervious surface.
(e) Nothing in this section affects the authority of the
department or a certified unified program agency in the event of a
spill.
25250.5. (a) The disposal of used oil by discharge to sewers,
drainage systems, surface water or groundwater, watercourses, or
marine waters; by incineration or burning as fuel; or by deposit on
land, is prohibited, unless authorized under other provisions of law.
(b) The use of used oil or recycled oil as a dust suppressant or
insect or weed control agent is prohibited unless allowed under
another applicable law, but only to the extent that use as a dust
suppressant or insect or weed control agent is consistent with the
federal act.
25250.7. (a) Except as provided in subdivision (b) or (c), no
person who generates, stores, or transfers used oil shall
intentionally contaminate used oil with other hazardous waste other
than minimal amounts of vehicle fuel.
(b) A used oil transfer or recycling facility authorized by the
department pursuant to Section 25200, 25200.5, or 25201.6 may mix
used oil with a contaminated petroleum product or with an oily waste
other than wastes listed as hazardous under the federal act, if all
of the following conditions are met:
(1) If the resultant mixture is subject to regulation as a
hazardous waste under paragraph (2) of subsection (b) of Section
279.10 of Title 40 of the Code of Federal Regulations, it is managed
as a hazardous waste in accordance with all applicable hazardous
waste regulations.
(2) The resultant mixture is used to produce recycled oil, as
defined in paragraph (3) of subdivision (a) of Section 25250.1, at a
used oil recycling facility solely by means of a process that has
been specifically authorized by the department to treat these
mixtures.
(3) The mixing of the used oil with a contaminated petroleum
product or an oily waste is specifically authorized in the facility's
permit.
(c) A generator or transporter may mix used oil with one or more
contaminated petroleum products if the mixture is managed in
accordance with Section 25143.2 or if all of the following conditions
apply:
(1) If the resultant mixture is subject to regulation as a
hazardous waste under paragraph (2) of subsection (b) of Section
279.10 of Title 40 of the Code of Federal Regulations, it is managed
as a hazardous waste in accordance with all applicable hazardous
waste regulations.
(2) (A) Except as provided in subparagraph (B), the resultant
mixture is transported to a used oil recycling facility that issues a
statement, in writing, to the generator or transporter that the
mixture will be used to produce recycled oil, as defined in paragraph
(3) of subdivision (a) of Section 25250.1, at a facility authorized
to operate pursuant to Section 25200 or 25200.5 solely by means of a
process that has been specifically authorized by the department to
treat these mixtures.
(B) If the resultant mixture is transported to a used oil
recycling facility located in another state, that facility is
authorized by the agency authorized to implement the federal act in
that state.
(3) The mixing is not conducted in a manner that violates
subparagraph (C) of paragraph (3) of subdivision (a) of Section
25250.1.
(4) The transporter tests the halogen content of the used oil to
demonstrate compliance with clause (vi) of subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 before mixing the
used oil with the contaminated petroleum product.
25250.9. (a) (1) Except as provided in subdivision (b), a hazardous
waste transporter who transports used oil shall provide a written
notification in the form below to each generator from whom the
transporter receives used oil:
IMPORTANT NOTICE REGARDING THE DISPOSITION OF
YOUR USED OIL
PLEASE SIGN AFTER READING
_________________ (used oil transporter) hereby
advises ___________
(used oil generator) that ____________
(generator's) shipment of used oil
may be transported to a facility that is required
to comply with federal
regulations applicable to management of used oil,
but that is not required
to comply with the more stringent requirements
applicable to hazardous
waste management facilities. California
facilities that handle or process
used oil are required to meet those more
stringent requirements, and some
out-of-state facilities that process used oil
also meet those requirements.
These include more stringent leak detection and
prevention requirements,
engineering certifications of tank integrity, and
financial assurances for
closure and accidental releases. It is lawful to
send used oil to
out-of-state facilities that comply only with
federal used oil management
standards and not these more stringent
requirements.
This notification is for information purposes
only.
________________________ (signed, Transporter)
Date: ______
________________________ (signed, Generator)
Date: ______
(2) A hazardous waste transporter shall provide the notice
required pursuant to paragraph (1) at least once each year, except if
the notice is provided pursuant to subdivision (g).
(b) A transporter is not required to provide a generator with the
notification specified in subdivision (a) if either of the following
apply:
(1) The generator from whom the transporter receives used oil
specifically designates in writing that the used oil is to be
transported to a specified facility and that facility either is
authorized by the department to produce used oil into recycled oil or
it is operating in accordance with a hazardous waste facilities
permit or interim status document issued pursuant to the federal act.
(2) The transporter annually certifies to the generator, in
writing, that any used oil that the transporter receives from the
generator will be transported only to a facility that is authorized
by the department to produce used oil into recycled oil or to a
facility that is lawfully operating in accordance with a hazardous
waste facilities permit or interim status document issued pursuant to
the federal act.
(c) A transporter may make the certification specified in
subdivision (a) even if the used oil the transporter receives from
the generator is first transported to a transfer facility, as defined
in paragraph (3) of subdivision (a) of Section 25123.3, or a storage
facility authorized by the department to store used oil, before the
used oil is sent to a facility that is authorized by the department
to produce used oil into recycled oil or to a facility that is
lawfully operating in accordance with a hazardous waste facilities
permit or interim status document issued pursuant to the federal act.
(d) Any person who makes a material misrepresentation in the
course of implementing the requirements of this section is in
violation of this chapter. A transporter that relies in reasonable
good faith upon a statement made by a facility to comply with this
section is not in violation of this chapter.
(e) Each transporter subject to this section shall retain the
documents necessary to demonstrate compliance with this section,
including, but not limited to, each signed notification form, for as
long as the transporter is required to retain the manifest for the
used oil to which the documents apply.
(f) This section shall not be construed to prohibit the
transportation of used oil to any facility located outside the state,
or to impose liability upon, or in any way affect the liability of a
generator whose used oil is transported to a facility located
outside the state in accordance with the requirements of this
section.
(g) A transporter may place the notification and signature and
date block specified in subdivision (a) on the back of the service
order the transporter provides to the generator, if the notification
language and associated signature and date block specified in
subdivision (a) is the only wording appearing on that side of the
service order and the transporter and generator sign the signature
and date block each time the generator receives a service order.
25250.10. Every registered hazardous waste hauler who transports
used oil shall report to the department, on or before March 1 of each
year, the following information on a form provided by the
department:
(a) The shipping descriptions of used oil transported during the
preceding calendar year.
(b) The volume of each type of used oil transported, identified by
shipping description.
(c) The facilities to which the used oil was transported,
identified by name, address, telephone number, and Environmental
Protection Agency identification number.
25250.11. (a) Any person who receives used oil from consumers or
other used oil generators, is exempt from hazardous waste facilities
permit requirements imposed pursuant to Article 9 (commencing with
Section 25200) with respect to any location at which used oil is
received if all of the following conditions are met:
(1) Each shipment of used oil received does not exceed 55 gallons,
and the capacity of any single container does not exceed 55 gallons.
(2) No other hazardous wastes are received at the location, unless
authorized by other provisions of law.
(3) The used oil is transported by the generator of the used oil.
(b) Any person who transports used oil is exempt from the
requirements of subdivision (a) of Section 25163 and from the
requirements of Section 25160 concerning the possession of a manifest
while transporting used oil to a location described in subdivision
(a) if all of the following conditions are met:
(1) The capacity of any single container does not exceed 55
gallons.
(2) Each shipment of used oil does not exceed 55 gallons.
(3) The person transporting the used oil had generated the used
oil.
(4) The person transporting the used oil does not transport
greater than 20 gallons of used oil, and does not transport any used
oil in any container exceeding 5 gallons in capacity, without first
contacting the destination location described in subdivision (a) and
verifying that the location will accept the used oil.
(c) This section does not prevent any person that receives used
oil pursuant to subdivision (a) from placing volume limits or
container size limits on the shipments of used oil accepted by that
person that are smaller than the limits specified in this section.
25250.12. Used oil generated during maintenance operations may be
transferred from its point of generation to the maintenance person's
place of business, other than a residence, for the purpose of
consolidation in a tank or container, without meeting the
requirements of Sections 25160, 25163, and 25201, if the material is
to be recycled at an authorized offsite hazardous waste facility and
if all the following conditions are met:
(a) The generator transports the used oil in a vehicle owned by
the generator or owned by an employee of the generator.
(b) Not more than 55 gallons are transferred in the vehicle at any
one time.
(c) The used oil is managed in accordance with all laws concerning
storage and handling of hazardous wastes upon consolidation at the
maintenance person's place of business.
(d) The used oil is deemed to be generated at the point of
consolidation upon consolidation.
25250.13. Notwithstanding any provision of this chapter, a transfer
facility, as defined in paragraph (3) of subdivision (a) of Section
25123.3, that accepts used oil and holds the oil for more than 24
hours, but is not otherwise a storage facility, as defined in
subdivision (b) of Section 25123.3, shall comply with the
requirements for used oil transfer facilities that are specified in
Subpart E (commencing with Section 279.40) of Part 279 of Title 40 of
the Code of Federal Regulations.
25250.15. (a) Any person operating a refuse removal vehicle or a
curbside collection vehicle used to collect or transport used oil
which has been generated as a household waste or as part of a
curbside recycling program, as defined by the board, is exempt from
the requirements of Sections 25160 and 25250.8, and subdivision (a)
of Section 25163 of this code and Chapter 2.5 (commencing with
Section 2500) of Division 2 of, Division 14.1 (commencing with
Section 32000) of, and subdivision (g) of Section 34500 of, the
Vehicle Code.
(b) Refuse removal and other curbside collection operations
exempted under subdivision (a) are also exempt from permit
requirements pursuant to Article 9 (commencing with Section 25200),
if the storage location meets all applicable hazardous waste
generator, container, and tank requirements, except for the generator
fee requirement specified in subdivision (d).
(c) Used oil collected pursuant to this section shall be deemed to
be generated by the storage location upon receipt.
(d) Used oil collected pursuant to this section is exempt from the
generator fee imposed pursuant to Section 25205.5.
25250.16. (a) No person may recycle used oil without obtaining
authorization from the department pursuant to Section 25200 or
25200.5, or unless exempted pursuant to Section 25143.2.
(b) Any person who is authorized to recycle used oil pursuant to
Section 25200 or 25200.5 shall assure, to the satisfaction of the
department, that halogens removed from used oil in the recycling
process are not burned, except at a facility authorized to do so
pursuant to Section 25200 or 25200.5.
25250.17. (a) Unless the facility meets the requirements of Section
25250.11, each used oil recycling, storage, or transfer facility
shall submit a report, on or before March 1 of each even-numbered
year, to the department, on a form provided by the department,
containing all of the following information:
(1) The total volume of used oil possessed at the beginning and
end of the preceding calendar year.
(2) The total volume of used oil received during the preceding
calendar year.
(3) The total volume of used oil recycled during the preceding
calendar year, itemized as follows:
(A) Prepared for reuse as a petroleum product.
(B) Consumed in the process of preparing for reuse, including
wastes generated.
(C) Prepared for reuse other than as a petroleum product,
specifying each type of other use.
(D) Not recycled but transported offsite.
(E) The manner in which the used oil is processed or re-refined,
including the specific processes used, if applicable.
(4) Any other information which the department may require.
(b) The department may utilize reports collected by other
governmental agencies to obtain the information required by this
section.
25250.18. (a) Any person who transports recycled oil or oil
exempted pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall maintain with each shipment a certification form,
provided by the department, which contains all of the following
information:
(1) The name and address of the used oil recycling facility or
generator claiming the oil meets the requirements of Section 25250.1.
(2) The name and address of the facility receiving the shipment.
(3) The quantity of oil delivered.
(4) The date of shipment or delivery.
(5) A cross-reference to the records and documentation required
under Section 25250.1.
(b) Certification forms required in subdivision (a) shall be
maintained for three years and are subject to an audit and
verification by the department or the board.
25250.19. (a) (1) A used oil recycler shall test all recycled oil
in accordance with paragraph (2), prior to transportation from the
recycling facility, pursuant to applicable methods in the
Environmental Protection Agency Document No. Solid Waste 846 or an
equivalent alternative method approved or required by the department,
and shall ensure and certify the oil as being in compliance with the
standards specified in paragraph (3) of subdivision (a) of Section
25250.1.
(2) The used oil recycler shall test the recycled oil for
compliance with the purity standards set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1, and for any
other hazardous characteristics or constituents for which testing is
required in the permit issued by the department for the used oil
recycling facility. The permit shall require testing for compliance
with the purity standards set forth in subparagraph (B) of paragraph
(3) of subdivision (a) of Section 25250.1. The permit may also
require testing for other hazardous characteristics and constituents
only if the department finds, based upon evidence in the record, all
of the following:
(A) There is a reasonable expectation that the recycled oil may
exhibit the hazardous characteristic or contain the hazardous
constituent at a level that would cause it to be hazardous waste if
the recycled oil were a waste, taking into consideration at least all
of the following factors:
(i) The conditions included in the facility's permit limiting the
wastes that may be accepted at the facility and the conditions
requiring testing of the wastes accepted at the facility.
(ii) The types of wastes that historically have been accepted by
the facility or similar facilities and the types of wastes that the
facility can reasonably be expected to accept in the future,
including any new products or constituents.
(iii) Previous test results of recycled oil produced by the
facility indicating the presence, or lack of the presence, of the
constituent or characteristic at a level that would cause it to be
hazardous waste if the recycled oil were a waste.
(iv) The treatment technologies and methods authorized in the
facility's permit for production of the recycled oil and the extent
to which those treatment technologies and methods remove or reduce
the constituents or characteristics from the wastes accepted by the
facility; and
(B) The hazardous characteristic or constituent cannot reasonably
be expected to be present in products produced from crude oil similar
to the recycled oil products produced by the facility at levels that
would cause the product produced from crude oil to be a hazardous
waste if it were a waste.
(3) Records of tests performed pursuant to this subdivision and a
copy of each form completed pursuant to Section 25250.18 shall be
maintained for three years and are subject to audit and verification
by the department or the board. The department shall perform an audit
and verification on a periodic basis. The department may charge a
reasonable fee for this activity.
(b) (1) A generator claiming that used oil is exempted from
regulation pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall ensure that all used oil for which the exemption is
claimed has been tested and certified as being in compliance with the
standards specified in paragraph (1) of subdivision (b) of Section
25250.1, prior to transportation from the generator location. A
generator lawfully recycling its own oil shall ensure that all
recycled oil has been tested and certified as being in compliance
with the requirements specified in paragraph (2) of subdivision (b)
of Section 25250.1. Records of tests performed and a copy of each
form completed pursuant to Section 25250.18 shall be maintained for
three years and are subject to audit and verification by the
department, the unified program agency, or the board.
(2) Testing to meet the requirements in subparagraph (B) of
paragraph (1) of subdivision (b) of Section 25250.1 is not required
for dielectric fluid, derived from highly refined petroleum mineral
oil, from oil-filled electrical equipment if the generator of the
dielectric fluid has certified based on prior test results that the
dielectric fluid from similar equipment subject to similar operating
conditions did not exhibit the characteristic of toxicity as set
forth in Section 66261.24 of Title 22 of the California Code of
Regulations. A certification statement shall accompany each shipment
of used oil that the generator claims is exempted. Records of prior
tests on which the certification is based shall be maintained with
the certification by the generator and are subject to audit and
verification by the department, the unified program agency, or the
board.
(c) Used oil recyclers identified in subdivision (a) and
generators identified in subdivision (b) shall record in an operating
log and retain for three years the information specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section
25250.18 on each shipment of recycled or exempted oil.
(d) Operating logs required in subdivision (c) are subject to
audit and verification by the department, the unified program agency,
or the board.
(e) (1) If oil produced at a used oil recycling facility in this
state meets the standards of purity set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 and is not
hazardous due to the presence of a characteristic or constituent for
which the department has made a finding required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a), but the oil is
hazardous due to the presence of another constituent or
characteristic, the facility operator shall not be subject to a
penalty pursuant to this chapter for failing to manage the oil as a
hazardous waste, unless both of the following apply:
(A) While the oil was onsite at the facility, the operator of the
facility knew, or reasonably should have known, that the oil failed
to meet those criteria.
(B) The facility operator failed to take action to manage the oil
as a hazardous waste when the oil was determined to be hazardous.
(2) The department may exercise its authority, including, but not
limited to, the issuance of an order, to a used oil recycling
facility pursuant to Section 25187, to ensure that oil subject to
this subdivision is managed as a hazardous waste pursuant to this
chapter.
25250.20. Any person whose permit or registration has been revoked
may not apply for a new or renewed permit or registration for a
period of one year after the revocation of the permit or
registration.
25250.21. Any person whose permit or registration has been revoked
may not serve in the employ of a hazardous waste hauler or used oil
recycler during the period of revocation of the permit or
registration.
25250.22. (a) Notwithstanding any other provision of state law, and
to the extent consistent with the federal act, a filter that
contains a residue of gasoline or diesel fuel, may be managed in
accordance with the requirements in the department's regulations
governing the management of used oil filters, unless the department
adopts regulations establishing management standards specific to
filters that contain those residues.
(b) Management of filters that contain residue of gasoline, and
commingled filters that include filters that contain residue of
gasoline, shall also meet all of the following requirements:
(1) The filters shall be stored in containers that are designed to
prevent ignition of the gasoline and that are labeled "used oil and
gasoline filters."
(2) For purposes of transportation, the filters shall be packaged,
and the package shall be marked and labeled in accordance with the
applicable requirements of Parts 172 (commencing with Section 172.1),
173 (commencing with Section 173.1), 178 (commencing with Section
178.1), and 179 (commencing with Section 179.1) of Title 49 of the
Code of Federal Regulations.
(3) The filters shall be stored and otherwise managed in
accordance with applicable state and local fire code regulations.
(4) Any gasoline, or used oil commingled with gasoline, that
accumulates in containers or other equipment used for filter storage
or recycling, and nonmetal filter material removed from filter
housing, shall be evaluated pursuant to Section 66262.11 of Title 22
of the California Code of Regulations, to determine its regulatory
status under the federal act, and it shall be managed accordingly.
25250.23. Any person who transports used oil shall register as a
hazardous waste hauler and, unless specifically exempted or unless
the used oil is not regulated by the department pursuant to
subdivision (b) of Section 25250.1, shall comply with all provisions
of this chapter.
25250.24. (a) Except as provided in subdivision (b), any person who
generates, receives, stores, transfers, transports, treats, or
recycles used oil, unless specifically exempted or unless the used
oil is not regulated by the department pursuant to subdivision (b) of
Section 25250.1, shall comply with all provisions of this chapter.
(b) Used oil which is removed from a motor vehicle and which is
subsequently recycled, by a recycler who is permitted pursuant to
this article, shall not be included in the calculation of the amount
of hazardous waste generated for purposes of the generator fee
imposed pursuant to Section 25205.5.
25250.25. (a) Any person who manufactures containers which are
produced specifically for the noncommercial storage or transportation
of used oil and which are sold in this state to consumers, shall not
sell or transfer any of those containers in this state to any
person, unless the container meets all of the following requirements:
(1) The used oil cannot leak or unintentionally be spilled from
the container with normal handling.
(2) No part of the container that comes in contact with the used
oil can absorb any of the used oil being collected and transported.
(3) The following statement shall be printed on a readily visible
part of the container in at least 12-point typeface by the
manufacturers of the container:
"Used oil is classified as a hazardous waste under California law.
Used oil must be recycled properly. Placing used oil into household
garbage or commercial dumpsters or pouring it into sewers or onto the
ground is prohibited by law."
(b) Any person who manufactures containers which are produced
specifically for the noncommercial drainage of used oil and which are
sold in this state to consumers, shall not sell or transfer any of
those containers in this state to any person unless the container
meets the requirements of paragraphs (2) and (3) of subdivision (a).
25250.26. (a) Every generator of used oil, other than the owner or
operator of a used oil collection center, as defined in Section 48622
of the Public Resources Code, or a household hazardous waste
collection facility, as defined in Section 25218.1, that transfers
used oil to a recycling facility, shall submit a certification to the
transporter that the used oil transferred meets the definition of
used oil pursuant to subdivision (a) of Section 25250.1. The
certification shall specifically state that the used oil does not
contain polychlorinated biphenyls (PCBs) at a concentration of 5 ppm,
or greater, in accordance with clause (iv) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 25250.1. This subdivision
shall not be construed to affect the methods that a generator is
authorized to use to determine whether its waste constitutes used oil
or hazardous waste pursuant to Section 66262.11 of Title 22 of the
California Code of Regulations or under any other regulation or
provision of law.
(b) (1) Any generator that falsely certifies pursuant to
subdivision (a) that the used oil transferred to a used oil recycling
facility does not contain PCBs at a concentration of 5 ppm or
greater shall be liable for damages equal to three times the amount
of any costs incurred by any transporter, facility owner or operator,
or any other person adversely affected by the false certification,
in a civil action that may be brought by the adversely affected
party.
(2) In an action pursuant to this subdivision against a generator
whose used oil was commingled with used oil generated by other
generators prior to being delivered to the facility, the plaintiff
shall demonstrate, by clear and convincing evidence, that the
generator generated used oil containing PCBs at a concentration of
5ppm or greater.
(c) For the purposes of this section, the calculation of damages
shall include any consequential damages caused by mixing the
incorrectly certified PCB-contaminated used oil with other used oil.
(d) Nothing in this section shall affect the right of the
department or any other enforcement agency to institute an
administrative, civil, or criminal action against a generator that
has made a false certification.
(e) Any plaintiff seeking damages pursuant to this section shall
give written notice to the director upon filing an action pursuant to
this section.
25250.27. (a) Nothing in this article prohibits a generator from
managing and transporting used oil, to the extent consistent with
federal law, in accordance with Sections 25110.10, 25121.3, and
25163.3, if the generator meets the requirements specified in
Sections 25110.10, 25121.3, and 25163.3.
(b) This section does not constitute a change in, but is
declaratory of, existing law.
25250.28. (a) For purposes of this section, "automated onboard oil
management system" means a system designed to extend the intervals
between necessary oil changes and diminish the use of crankcase oil
by electronically sensing changes in the physical properties of the
oil in the crankcase and, based on the properties detected,
periodically transferring oil directly from the engine crankcase into
the fuel tank to be burned as fuel.
(b) Notwithstanding any other provision of law, oil that is
managed by an automated onboard oil management system is exempt from
the requirements of this article and is excluded from classification
as a waste under this chapter if all of the following conditions are
satisfied:
(1) The system is applied to a mining vehicle with a gross vehicle
weight capacity in excess of 200,000 pounds or a locomotive, and all
of the following conditions are satisfied:
(A) Data concerning the air emissions associated with the
operation of the system in those classes of equipment is submitted to
the State Air Resources Board on or before January 1, 2002, and the
data demonstrates that the operation of the system will not
significantly impair the state's air quality. Mitigation measures may
be provided to assist in satisfying this condition.
(B) The system is designed, maintained, and operated in a manner
that does all of the following:
(i) The leakage of oil from any of the component parts of the
system is prevented.
(ii) The quantity of used oil in the fuel tank at any given time
is not more than 3 percent of the nominal capacity of the fuel tank.
(iii) The system meets the air emission criteria demonstrated by
the applicant in the air emissions data submitted to the State Air
Resources Board pursuant to subparagraph (A).
(C) Any mitigation provided to satisfy the air quality requirement
in subparagraph (A) is maintained throughout the period of operation
of the system or alternative satisfactory mitigation is provided.
(2) The system and the use of the system is approved by the State
Air Resources Board, after consultation with the department, and all
of the following requirements are satisfied:
(A) The State Air Resources Board determines that operation of the
system will not significantly impair the state's air quality.
Mitigation measures may be provided to assist in satisfying this
requirement.
(B) A description of the manner in which the system will be
operated to ensure compliance with the federal act and the Clean Air
Act, as amended (42 U.S.C. Sec. 7401 et seq.) is submitted with the
application for approval of the system pursuant to this paragraph and
the system is operated in accordance with that description.
(C) The system is designed, maintained, and operated in a manner
that prevents the leakage of oil from any of the component parts of
the system.
(D) The system is designed, maintained, and operated in compliance
with any conditions that the State Air Resources Board, after
consultation with the department, determines to be necessary to
ensure compliance with the requirements of this section.
(E) Any mitigation provided to satisfy the air quality requirement
in subparagraph (A) is maintained throughout the period of operation
of the system or alternative satisfactory mitigation is provided.
(c) This section does not exempt any of the following:
(1) Oil removed from an engine, other than through the operation
of an automated onboard oil management system, from this article or
from classification as a waste under this chapter.
(2) Emissions or other releases into the environment resulting
from the operation of an automated onboard oil management system,
from otherwise applicable air emissions standards, or any other
applicable law.
(3) Oil managed by an automated onboard oil management system on
vehicles authorized to be driven on the public highways pursuant to
the Vehicle Code.
