1. (a) A used oil handler shall determine the total halogen content of the used oil they are handling by either:

   1. (1) Testing the used oil in accordance with 1404.01; or
   2. (2) Applying knowledge of the materials and processes generating the used oil.
2. (b) If a determination is made in accordance with (a)(2), above, the used oil handler shall compile a written record of the basis for the determination that includes all information used to make the determination, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.
3. (c) Used oil containing greater than 1,000 ppm total halogens shall be subject to the rebuttable presumption in Env-Hw 1402.02(b).

4. (d) A used oil handler shall keep the following records, as applicable, for 3 years from the date the used oil was last handled:

   1. (1) Records of analyses conducted or information used to comply with (a) and (b), above; and
   2. (2) Documentation used to rebut the presumption as specified in Env-Hw 1402.02(e).
5. (e) The 3-year record retention period in (d), above, shall be extended automatically while any enforcement action is pending.

6. (f) A used oil handler shall make a new determination of total halogen content at any time the used oil has or might have changed as a result of changes to:

   1. (1) The type or source of virgin oil;
   2. (2) The process generating the used oil;
   3. (3) The used oil handler’s used oil management practices; or
   4. (4) Any other factor that might change the properties of the used oil such that the total halogen content might change.

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