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(4) Spent industrial a ncluding compressor, turbine, and ben oil, hydraulic oil, metal -working oil, refrigeration oil, and railroad drainings. (5) Contaminated fuel oil with a flashpoint equal to or greater than 100+F. "Used oil" does not include oil which has a flashpoint below 100+F or which has been intentionally mixed with hazardous waste, other than minimal amounts of vehicle fuel. "Used oil" also does not include oil which contains polychlorinated biphenyls (PCBs) at a concentration of 5 ppm or greater. Used oil containing more than 1,000 ppm total halogens shall also meet the Environmental Protection Agency requirements listed in paragraph (c) of Section 266.40 of Title 40 of the Code of Federal Regulations. (b) "Board" means the California Integrated Waste Management Board (c) "Recycled oil" means any oil, produced from used oil, which has been prepared for reuse and which achieves minimum standards of purity, in liquid form, as established by the department. This subdivision does not apply to oil which is to be disposed. The following standards of purity are in effect unless the department, by regulation, establishes more stringent standards: (1) Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. (2) Lead: 100 ppm or less prior to January 1, 1988, 50 ppm or less on and after January 1, 1988. (3) Arsenic: 5 ppm or less. (4) Chromium: 10 ppm or less. (5) Cadmium: 2 ppm or less. (6) Total halogens: if the oil contains more than 1,000 ppm total halogens, the oil shall meet the requirements of Section 266.40 of Title 40 of the Code of Federal Regulations (50 Fed. Reg. 49205), so that the oil is regulated as used oil pursuant to Subpart E (commencing with Section 266.40) of Part 266 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations, and not as a RCRA hazardous waste pursuant to Subpart D (commencing with Section 266.0 of Part 266 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. However, the oil shall not contain more than 3,000 ppm total halogens. (7) Polychlorinated biphenyls (PCBs): less than 2 ppm. Compliance with these standards shall not be met by blending or diluting used oil with crude or virgin oil and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology utilized to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision. (d) The standards set in subdivision (c) include the only concentrations allowed above the criteria adopted pursuant to Section 25141. (e) Used oil which meets the standards set in subdivision (c), is not hazardous pursuant to the criteria adopted pursuant to Section 25141 for constituents other than those listed in subdivision (c), and is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Chapter 1 of Title 40 of the Code of Federal Regulations is not regulated by the department, unless otherwise specified. Used oil recycling facilities that are the first to claim that the used oil meets these requirements shall maintain an operating log and copies of certification forms as specified in Section 25250.19. Any person who generates used oil, and who claims that the oil is exempt from regulation pursuant to this subdivision, shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 prior to its reuse. In any action to enforce this article, the burden is on the generator or recycling facility (whichever first claimed that the used oil met the standards and criteria) and user of the used oil to prove that the oil met those standards and criteria. (f) "Used oil recycling facility" means a facility which reprocesses or rerefines used oil. (g) "Used oil storage facility" means a storage facility, as defined in subdivision (a) of Section 25123.3, which stores used oil. (h) "Used oil transfer facility" means a transfer facility, as defined in subdivision (c) of Section 25123.3, that either stores used oil for periods greater than 144 hours or that transfers used oil from one container to another. (Amended by Stats. 1991, Ch. 1173) 25250.3. Any virgin oil product or partially refined product, which has not been previously used, which has become contaminated with nonhazardous impurities such as dirt or water, and which has been returned to bulk storage by the product's manufacturer, transporter, or wholesaler for gravity separation of contaminants, is exempt from this article. Any petroleum product which becomes contaminated with any other petroleum product during refining, transportation by pipeline, or storage and which remains usable as a refinery feed stock or as a refinery fuel is exempt ~� from this article. (Added by stats. 1986, Ch. 871.) 157