1. (a) An owner or operator of a used oil processing/re-refining facility shall develop, keep at the facility, and follow a written analysis plan describing the procedures that will be used to comply with the requirements of Env-Hw 1405.02 and, if applicable, Env-Hw 1410.04.

2. (b) The analysis plan required by this section shall specify, at a minimum:

   1. (1) Whether sample analyses or knowledge of the materials and processes generating the used oil will be used to determine halogen content pursuant to Env-Hw 1405.02;

   2. (2) If sample analyses are used to make the determination:

      1. a. The sampling method used to obtain representative samples to be analyzed, which shall be:

         1. 1. One of the sampling methods in 40 CFR 261 Appendix I; or
         2. 2. An equivalent method approved by EPA under 40 CFR 260.20 and 260.21;
      2. b. The frequency of sampling to be performed;
      3. c. Whether the analysis will be performed onsite or offsite; and
      4. d. The methods used to analyze used oil to rebut the presumption of mixing with hazardous waste pursuant to Env-Hw 1402.02(c); and
   3. (3) If sample analyses are not used to make the determination, the type of information that will be used to determine the halogen content of the used oil.

3. (c) If the used oil processing/re-refining facility will determine whether used oil meets the specifications of Env-Hw 1404.02, the analysis plan shall specify, at a minimum:

   1. (1) Whether sample analyses or other information will be used to make this determination;

   2. (2) If sample analyses are used to make this determination:

      1. a. The sampling method used to obtain representative samples to be analyzed, which shall be:

         1. 1. One of the sampling methods in 40 CFR 261 Appendix I; or
         2. 2. An equivalent method approved by EPA under 40 CFR 260.20 and 260.21;
      2. b. Whether used oil will be sampled and analyzed prior to or after any processing/re-refining;
      3. c. The frequency of sampling to be performed;
      4. d. Whether the analysis will be performed onsite or offsite; and
      5. e. The methods used to analyze used oil for the parameters specified in Env-Hw 1404.02; and
   3. (3) If sample analyses are not used to make the determination, the type of information that will be used to determine whether the used oil meets the specifications of Env-Hw 1404.02.
4. (d) If a determination is made pursuant to (b)(3) or (c)(3), above, the used oil processor/re-refiner 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.

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