1. (a) A mixture of used oil and any other listed hazardous waste identified in Env-Hw 402, including used oil that is blended with hazardous waste to formulate a hazardous waste fuel, shall be regulated as a hazardous waste rather than used oil under this chapter.

2. (b) Except as specified in (c) through (e), below, used oil containing more than 1,000 parts per million (ppm) of total halogens shall be presumed by the department to have been mixed with halogenated listed hazardous waste, and therefore is subject to regulation:

   1. (1) Under Env-Hw 100 through Env-Hw 800 and Env-Hw 1200, as F001 or F002 listed hazardous waste, or both; and
   2. (2) If not recycled, as NH01 listed hazardous waste.
3. (c) A used oil handler may rebut the presumption in (b), above, by demonstrating that the halogens in the used oil are not a result of mixing with hazardous waste.
4. (d) Used oil that satisfies the rebuttable presumption shall be managed as off-specification used oil, subject to the applicable requirements of this chapter.
5. (e) A used oil handler shall keep documentation used to rebut the presumption for 3 years from the date the used oil was last handled.

6. (f) The presumption in (b), above, shall not apply to used oil that:

   1. (1) Consists solely of metalworking oils or fluids containing chlorinated paraffins and that is reclaimed and returned to the used oil generator for use as a lubricant, cutting oil, or coolant, provided that the reclamation is conducted:

      1. a. Under a contractual agreement, known as a tolling arrangement, that indicates:

         1. 1. The type of used oil and frequency of shipments;
         2. 2. That the vehicle used to transport the used oil to the processor/re-refiner and to deliver recycled used oil back to the generator is owned and operated by the processor/re-refiner; and
         3. 3. That the reclaimed oil will be returned to the generator; and
      2. b. By a used oil processor/re-refiner that has an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration; or
   2. (2) Consists solely of used oil contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35