Applicability and exemptions from applicability will be as in 40 CFR Part 279, Subpart B, and as clarified herein.

1. (1) A used oil that has been determined to be listed hazardous must be handled in accordance with hazardous waste rules. EPA Hazardous Waste Number "F002" shall be used on used oil that is listed hazardous due to halogenated contaminants, because the EPA has not provided a Hazardous Waste Number to properly manifest such listed hazardous waste.
2. (2) The requirement in 40 CFR Part 279 that refers to compliance with Parts 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 full compliance with 40 CFR Part 264/265, Subpart K. Used oil can be stored in tanks and containers not subject to 40 CFR Part 264 or 265.
3. (3) Requirements applicable to mixing hazardous waste with used oil are in 40 CFR §279.10(b) (concerning 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, but the resultant mixture cannot exhibit the hazardous characteristic of ignitability if it is to be managed under this chapter and 40 CFR Part 279. 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, lubricants, or other used oil derived products is also a processor subject to 40 CFR Part 279, Subpart F (concerning Standards for Used Oil Processors and Re-refiners) and §324.12 of this title (relating to Processors and Rerefiners).
4. (4) A used oil shall not be regulated under this chapter and 40 CFR Part 279 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).

Source Note:The provisions of this §324.3 adopted to be effective March 6, 1996, 21 TexReg 2393.