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<regulation prefix="Regulation" num=".05" citation="COMAR 26.13.10.05" title_num="26" subtitle_num="13" chapter_num="10" heading="Management Standards for Used Oil.">
  <paragraph num="A.">
    <text>Purpose. This regulation identifies circumstances under which used oil is regulated as hazardous waste, and identifies other regulations with which persons managing used oil are required to comply.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Applicability. This regulation applies to used oil as defined in COMAR 26.13.01.03B, and to other materials, whether or not the used oil or other materials exhibit any characteristics of hazardous waste identified in COMAR 26.13.02.10—.14.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Mixtures of Used Oil and Waste that is Listed as Hazardous.</text>
    <paragraph num="(1)">
      <text>Mixtures of used oil and waste that is listed as hazardous in COMAR 26.13.02.16—.19 are subject to regulation as hazardous waste under COMAR 26.13.01 —26.13.09 and Regulations .01—.04 of this chapter rather than as used oil under COMAR 26.10.15.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Rebuttable Presumption for Used Oil. Except as provided in COMAR 26.13.02.04-1A(11), used oil containing more than 1,000 parts per million total halogens is regulated as a hazardous waste because it is presumed to have been mixed with halogenated hazardous waste listed in COMAR 26.13.02.16—.19.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Mixtures of Used Oil and Characteristic Hazardous Waste. Mixtures of used oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14 are regulated as:</text>
    <paragraph num="(1)">
      <text>Hazardous waste rather than used oil under COMAR 26.10.15 if the resultant mixture exhibits any of the characteristics of hazardous waste; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Used oil under COMAR 26.10.15 if the resultant mixture does not exhibit any of the characteristics of hazardous waste.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Mixing Used Oil and Characteristic Hazardous Waste.</text>
    <paragraph num="(1)">
      <text>Except as provided in §E(2) and (3) of this regulation, a person may not mix the following hazardous wastes with used oil as a means of rendering the waste nonhazardous:</text>
      <paragraph num="(a)">
        <text>Hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Hazardous waste that is listed in COMAR 26.13.02.16—.19 solely because it exhibits one or more of the hazardous waste characteristics identified in COMAR 26.13.02.11—.14.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Section E(1) of this regulation does not prohibit incidental mixing of oil and characteristic hazardous waste that may occur during the intended use of the oil.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person may mix used oil with waste that is hazardous solely because it exhibits the characteristic of ignitability as identified in COMAR 26.13.02.11 if the mixture is to be burned for energy recovery.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>A person who generates hazardous waste that is subject to reduced regulatory requirements under COMAR 26.13.02.05 shall comply with §E of this regulation with respect to mixing the waste with used oil.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Materials Containing or Otherwise Contaminated with Used Oil.</text>
    <paragraph num="(1)">
      <text>Except as provided in §G(2) of this regulation, materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible, so that no visible signs of free-flowing oil remain in or on the material; are</text>
      <paragraph num="(a)">
        <text>Not regulated as used oil; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Subject to applicable regulations of COMAR 26.13.01—26.13.10.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under COMAR 26.10.15 and 26.11.09.10.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under COMAR 26.10.15.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Mixtures of Used Oil with Products.</text>
    <paragraph num="(1)">
      <text>Except as provided in §H(2) of this regulation, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under COMAR 26.10.15.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's own vehicles are not subject to this regulation or to COMAR 26.10.15 once the used oil and diesel fuel have been mixed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Before used oil and diesel fuel are mixed for use in the generator's own vehicles, the used oil is subject to regulation under COMAR 26.10.15.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Materials Derived from Used Oil.</text>
    <paragraph num="(1)">
      <text>Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal, such as re-refined lubricants, are not:</text>
      <paragraph num="(a)">
        <text>Regulated as used oil; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Solid wastes and are not subject to the hazardous waste regulations of COMAR 26.13.01—26.13.10, as provided in COMAR 26.13.02.03C(2).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Materials produced from used oil that are burned for energy recovery, such as used oil fuels, are subject to regulation as used oil under COMAR 26.10.15 and 26.11.09.10.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Except as provided in COMAR 26.13.02.04-1A(15), materials derived from used oil that are disposed of or used in a manner constituting disposal are:</text>
      <paragraph num="(a)">
        <text>Solid wastes and are regulated as hazardous waste if they meet the definition of hazardous waste under COMAR 26.13.02.03; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not regulated as used oil.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>A person managing used oil shall also determine if the management of the used oil is regulated under COMAR 26.10.15, as described in COMAR 26.10.15.01.</text>
  </paragraph>
</regulation>