1. (a) Except as provided in (b)(1), below, materials containing or otherwise contaminated with used oil from which used oil has been drained to the extent possible such that no visible signs of free-flowing oil remain in or on material:

   1. (1) Shall not be subject to regulation as used oil under this chapter; and
   2. (2) Shall be subject to the applicable requirements of Env-Hw 100 through Env-Hw 800 and Env-Hw 1200, except that the NH01 hazardous waste number shall not apply.

2. (b) The following materials shall be subject to regulation as used oil under this chapter:

   1. (1) Materials containing or otherwise contaminated with used oil that are burned for energy recovery, whether or not the used oil has been drained as described in (a), above; and
   2. (2) Used oil drained or removed from materials containing or otherwise contaminated with used oil.

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