25144
. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Oil" means crude oil, or any fraction thereof, that is liquid
at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute
pressure. "Oil" does not include any of the following, unless it is
exempt from regulation under paragraph (1) of subdivision (g) of
Section 279.10 of, or paragraph (5) of subdivision (g) of Section
279.10 of, Part 279 of Title 40 of the Code of Federal Regulations:
(A) Spent lubricating fluids that have been removed from an engine
crankcase, transmission, gearbox, or differential of an automobile,
bus, truck, vessel, heavy equipment, or machinery powered by an
internal combustion engine.
(B) Spent industrial oils, including compressor, turbine, and
bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and
railroad drainings.
(2) "Oil-bearing materials" means any liquid or semisolid material
containing oil, partially refined petroleum products, or petroleum
products. "Oil-bearing materials" do not include either of the
following:
(A) Soil from remediation projects.
(B) Contaminated groundwater that is generated at, or originating
from the operation, maintenance, or cleanup of, service stations, as
defined in Section 13650 of the Business and Professions Code.
(3) "Oil recovery operations" means the physical separation of oil
from oil-bearing materials by means of gravity separation,
centrifugation, filter pressing, or other dewatering processes, with
or without the addition of heat, chemical flocculants, air, or
natural gas to enhance separation.
(4) "Petroleum refinery" means an establishment that has the
Standard Industrial Classification Code 2911 and that is not subject
to the permit requirements for the recycling of used oil imposed
pursuant to Article 9 (commencing with Section 25200).
(5) "Subsidiary" means a corporate entity engaged in the
exploration, production, transportation, refining, marketing, or
distribution of crude oil or petroleum products.
(b) (1) Except as provided in paragraph (2), a biological process
on the property of the producer treating oil, its products, and
water, that meets the definition of a non-RCRA waste, and that
produces an effluent that is continuously discharged to navigable
waters in compliance with a permit issued pursuant to Section 402 of
the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342), is
exempt from this chapter.
(2) Residues produced in the treatment process and subsequently
removed that conform to any criterion for the identification of a
hazardous waste adopted pursuant to Section 25141 are not exempt from
this chapter.
(c) To the extent consistent with the applicable provisions of the
federal act, units, including associated piping, that are part of a
system used for the recovery of oil from oil-bearing materials, and
the associated storage of oil-bearing materials and the recovered
oil, are exempt from this chapter, if all of the following conditions
are met:
(1) The oil recovery operations are conducted at a petroleum
refinery, or at another facility owned or operated by the corporate
entity that owns or operates the refinery, or a corporate parent or
subsidiary of the corporate entity.
(2) The oil-bearing materials are generated at the refinery or at
another facility owned or operated by the corporate entity that owns
or operates the refinery, or a corporate parent or subsidiary,
including a sister subsidiary, of the corporate entity, or are
generated in the course of oil or gas exploration or production
operations conducted by an unrelated entity and placed in a common
pipeline.
(3) The recovered oil is inserted into petroleum refinery process
units to produce fuel or other refined petroleum products. This
paragraph does not allow the direct blending, into final petroleum
products, of oil-bearing materials or recovered oil that contain
constituents that render these materials hazardous under the
regulations adopted pursuant to Sections 25140 and 25141, other than
those for which the material is being recycled.
(4) The recovered oil is not stored in a surface impoundment or
accumulated speculatively at the refinery or at an offsite facility.
(5) Any residual materials removed from a unit that is exempt
under this subdivision are managed in accordance with all other
applicable laws.
(6) The oil-bearing materials would be excluded from
classification as a waste pursuant to, or would otherwise meet the
requirements for an exemption under, Section 25143.2, except that the
following provisions do not apply to those oil-bearing materials:
(A) The prohibitions against prior reclamation in paragraphs (1),
(2), and (3) of subdivision (b) of Section 25143.2.
(B) Subparagraph (C) of paragraph (2) of subdivision (c) of
Section 25143.2.
(C) Paragraph (3) of subdivision (e) of Section 25143.2.
(D) Sections 25143.9 and 25143.10.
(E) The exceptions for wastewater containing more than 75 parts
per million of total petroleum hydrocarbons, as provided by
subparagraph (A) of paragraph (5) of, and subparagraph (A) of
paragraph (6) of, subdivision (d) of Section 25143.2.