Section 25250.29 Of Article 13. Management Of Used Oil From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 13.
25250.29
. (a) Except as provided in subdivisions (b) and (g),
before a load of used oil is shipped to a transfer facility,
recycling facility, or facility located out of the state, the used
oil shall be tested and analyzed by a laboratory accredited by the
State Department of Public Health pursuant to Article 3 (commencing
with Section 100825) of Chapter 4 of Part 1 of Division 101, to
ensure that the used oil meets all of the following characteristics:
(1) A flashpoint above 100 degrees Fahrenheit.
(2) A polychlorinated biphenyls (PCB) concentration of less than 5
ppm.
(3) A concentration of total halogens of 1000 ppm or less, unless
the presumption in subclause (I) of clause (v) of subparagraph (C) of
paragraph (1) of subdivision (a) of Section 25250.1 has been
rebutted pursuant to subclause (II) of clause (v) of subparagraph (C)
of paragraph (1) of subdivision (a) of Section 25250.1.
(b) The testing and analysis required pursuant to subdivision (a)
shall be accomplished by a registered hazardous waste transporter
prior to acceptance at a transfer facility or recycling facility, or
shipment out of the state, except the transporter is not required to
perform the testing and analysis if the transporter can do any of the
following:
(1) (A) Demonstrate that testing and analysis has been performed
by the generator of the used oil prior to shipment.
(B) Subparagraph (A) does not require the generator of the used
oil to perform the testing and analysis required by this section.
(2) Provide documentation that the testing will be performed by a
transfer facility or a recycling facility issued a permit by the
department pursuant to this chapter.
(3) If shipped to an out-of-state facility, provide documentation
certifying that the out-of-state facility receiving the used oil has
entered into an agreement with the department that meets the
requirements of Section 25250.30.
(c) (1) A transporter shall not require a used oil collection
center to test tanks or containers that contain only used lubricating
oil or oil filters accepted from the public as a condition of
accepting the oil for shipment.
(2) A transporter shall not require a generator to test used oil
as a condition of accepting that used oil for shipment.
(3) This subdivision does not alter a generator's responsibility
to comply with regulations adopted by the department that govern the
operation of a generator, and a transporter shall not be required to
transport untested used oil.
(d) This section does not affect or limit a testing requirement
that the department may impose on a used oil transfer facility or
used oil recycling facility as a condition of a permit issued by the
department, including, but not limited to, a test required pursuant
to a facility's waste analysis plan.
(e) The person performing a test required by subdivision (a) shall
maintain records of tests performed for used oil for at least three
years and is subject to audit and verification by the department.
(f) The registered hazardous waste transporter who is listed as
the transporter on the Uniform Hazardous Waste Manifest used to ship
used oil out of state shall submit a report, on or before March 1 of
each year, to the department, containing all of the following
information for the preceding year:
(1) Total volume of used oil shipped out of state.
(2) Information pertaining to the out-of-state facility to which
the used oil was shipped, including the facility name, facility
address, and facility EPA ID number.
(3) Any other information that the department may require to
ensure that the same data gathered for used oil managed within the
state is gathered for used oil shipped out of state.
(g) (1) This section does not apply to a load for shipment that
consists exclusively of used lubricating oil accepted by a used oil
collection center from the public, including, but not limited to,
used lubricating oil accepted by a publicly funded certified or
uncertified used oil collection center located in a small rural
county.
(2) This section does not require a generator to test used oil for
dielectric oil derived from highly refined mineral oil used in oil
filled electrical equipment. Nothing in this section exempts that oil
from any testing requirement required by any other law.
(3) This section does not prohibit the transportation of used oil
to a facility located outside the state, or impose liability other
than compliance with the requirements of this section upon, or in
another way affect the liability of, a generator whose used oil is
transported to a facility located outside the state.