Section 25250.19 Of Article 13. Management Of Used Oil From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 13.
25250.19
. (a) (1) A used oil recycler shall test all recycled oil
in accordance with paragraph (2), prior to transportation from the
recycling facility, pursuant to applicable methods in the
Environmental Protection Agency Document No. Solid Waste 846 or an
equivalent alternative method approved or required by the department,
and shall ensure and certify the oil as being in compliance with the
standards specified in paragraph (3) of subdivision (a) of Section
25250.1.
(2) The used oil recycler shall test the recycled oil for
compliance with the purity standards set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1, and for any
other hazardous characteristics or constituents for which testing is
required in the permit issued by the department for the used oil
recycling facility. The permit shall require testing for compliance
with the purity standards set forth in subparagraph (B) of paragraph
(3) of subdivision (a) of Section 25250.1. The permit may also
require testing for other hazardous characteristics and constituents
only if the department finds, based upon evidence in the record, all
of the following:
(A) There is a reasonable expectation that the recycled oil may
exhibit the hazardous characteristic or contain the hazardous
constituent at a level that would cause it to be hazardous waste if
the recycled oil were a waste, taking into consideration at least all
of the following factors:
(i) The conditions included in the facility's permit limiting the
wastes that may be accepted at the facility and the conditions
requiring testing of the wastes accepted at the facility.
(ii) The types of wastes that historically have been accepted by
the facility or similar facilities and the types of wastes that the
facility can reasonably be expected to accept in the future,
including any new products or constituents.
(iii) Previous test results of recycled oil produced by the
facility indicating the presence, or lack of the presence, of the
constituent or characteristic at a level that would cause it to be
hazardous waste if the recycled oil were a waste.
(iv) The treatment technologies and methods authorized in the
facility's permit for production of the recycled oil and the extent
to which those treatment technologies and methods remove or reduce
the constituents or characteristics from the wastes accepted by the
facility; and
(B) The hazardous characteristic or constituent cannot reasonably
be expected to be present in products produced from crude oil similar
to the recycled oil products produced by the facility at levels that
would cause the product produced from crude oil to be a hazardous
waste if it were a waste.
(3) Records of tests performed pursuant to this subdivision and a
copy of each form completed pursuant to Section 25250.18 shall be
maintained for three years and are subject to audit and verification
by the department or the board. The department shall perform an audit
and verification on a periodic basis. The department may charge a
reasonable fee for this activity.
(b) (1) A generator claiming that used oil is exempted from
regulation pursuant to paragraph (1) of subdivision (b) of Section
25250.1 shall ensure that all used oil for which the exemption is
claimed has been tested and certified as being in compliance with the
standards specified in paragraph (1) of subdivision (b) of Section
25250.1, prior to transportation from the generator location. A
generator lawfully recycling its own oil shall ensure that all
recycled oil has been tested and certified as being in compliance
with the requirements specified in paragraph (2) of subdivision (b)
of Section 25250.1. Records of tests performed and a copy of each
form completed pursuant to Section 25250.18 shall be maintained for
three years and are subject to audit and verification by the
department, the unified program agency, or the board.
(2) Testing to meet the requirements in subparagraph (B) of
paragraph (1) of subdivision (b) of Section 25250.1 is not required
for dielectric fluid, derived from highly refined petroleum mineral
oil, from oil-filled electrical equipment if the generator of the
dielectric fluid has certified based on prior test results that the
dielectric fluid from similar equipment subject to similar operating
conditions did not exhibit the characteristic of toxicity as set
forth in Section 66261.24 of Title 22 of the California Code of
Regulations. A certification statement shall accompany each shipment
of used oil that the generator claims is exempted. Records of prior
tests on which the certification is based shall be maintained with
the certification by the generator and are subject to audit and
verification by the department, the unified program agency, or the
board.
(c) Used oil recyclers identified in subdivision (a) and
generators identified in subdivision (b) shall record in an operating
log and retain for three years the information specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section
25250.18 on each shipment of recycled or exempted oil.
(d) Operating logs required in subdivision (c) are subject to
audit and verification by the department, the unified program agency,
or the board.
(e) (1) If oil produced at a used oil recycling facility in this
state meets the standards of purity set forth in subparagraph (B) of
paragraph (3) of subdivision (a) of Section 25250.1 and is not
hazardous due to the presence of a characteristic or constituent for
which the department has made a finding required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a), but the oil is
hazardous due to the presence of another constituent or
characteristic, the facility operator shall not be subject to a
penalty pursuant to this chapter for failing to manage the oil as a
hazardous waste, unless both of the following apply:
(A) While the oil was onsite at the facility, the operator of the
facility knew, or reasonably should have known, that the oil failed
to meet those criteria.
(B) The facility operator failed to take action to manage the oil
as a hazardous waste when the oil was determined to be hazardous.
(2) The department may exercise its authority, including, but not
limited to, the issuance of an order, to a used oil recycling
facility pursuant to Section 25187, to ensure that oil subject to
this subdivision is managed as a hazardous waste pursuant to this
chapter.