The commission incorporates by reference the Applicability
and the Exemptions from Applicability requirements in 40 Code of Federal
Regulations (CFR) Part 279, Subpart B, §279.10 and §279.11.
In addition, the commission adds the following clarifications and
(1) A used oil contaminated with a listed hazardous
waste must be handled under Chapter 335 of this title (relating to
Industrial Solid Waste and Municipal Hazardous Waste). United States
Environmental Protection Agency Hazardous Waste Number "F002" must
be used on used oil that is listed hazardous due to halogenated contaminants.
(2) Used oil can be stored in tanks and containers
not meeting 40 CFR Part 264 or 265. The requirement in 40 CFR Part
279 that refers to compliance with 40 CFR Part 264 or 265, Subpart
K, on used oil storage applies to used oil stored in surface impoundments.
Storage of used oil in lagoons, pits, or surface impoundments is prohibited,
unless the generator is storing only wastewater containing de minimis
quantities of used oil, or unless the unit is in compliance with 40
CFR Part 264 or 265, Subpart K.
(3) Requirements applicable to mixing hazardous waste
with used oil are in 40 CFR §279.10(b) (relating to Mixtures
of Used Oil and Hazardous Waste). Mixing of hazardous waste with used
oil, by other than generators, in tanks and containers within their
applicable accumulation time limit, requires a hazardous waste permit
per §335.2 of this title (relating to Permit Required). A waste
that is characteristically hazardous for "ignitability only" can be
mixed with used oil. However, the resultant mixture cannot exhibit
the hazardous ignitability characteristic to manage it under this
chapter and 40 CFR Part 279 rather than Chapter 335 of this title.
The resultant mixture formed from mixing used oil and a characteristically
hazardous waste, other than solely ignitable waste, must be tested
for all likely hazardous characteristics. The resultant mixture will
be a hazardous waste rather than used oil if it retains a hazardous
characteristic, even if the hazardous characteristic is derived from
the used oil. Anyone who mixes used oil with another solid waste to
produce from used oil, or to make used oil more amenable for production
of fuel oils or products is also a processor subject to 40 CFR Part
279, Subpart F (relating to Standards for Used Oil Processors and
Re-refiners) and §324.12 of this title (relating to Processors
(4) A used oil shall not be regulated until it is a
spent material as defined in 40 CFR §261.1(c)(1) and §335.17
of this title (relating to Special Definitions for Recyclable Materials
and Nonhazardous Recyclable Materials).
(5) Oily water mixtures to be recycled that are contained
in waste management units such as tanks, fractionation tanks, and
sumps that meet the design requirements of the American Petroleum
Institute for oil-water separation or that have been designed for
oil-water separation must be managed under this chapter and meet the
prohibition requirements found in §324.4 of this title (relating
to Prohibitions) to prevent the discharge of hazardous waste into
a sanitary sewer. Management of wastes from other tanks, sumps, and
grip trap waste management units that are plumbed directly to a sanitary
sewer must comply with the requirements in Chapter 312 of this title
(relating to Sludge Use, Disposal, and Transportation) and Chapter
330 of this title (relating to Municipal Solid Waste).
|Source Note: The provisions of this §324.3 adopted to be effective March 6, 1996, 21 TexReg 2393; amended to be effective August 8, 1999, 24 TexReg 5882; amended to be effective October 2, 2003, 28 TexReg 8352; amended to be effective February 21, 2013, 38 TexReg 973