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261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. <br /> (II) A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not <br /> contain hazardous waste, including, but not limited to, in the manner specified in subclause (III). <br /> (III) The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source <br /> of total halogens at a concentration of more than 1000 ppm is solely either household waste, as defined in Section <br /> 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from conditionally exempt small quantity <br /> generators, as defined in Section 261.5 of Title 40 of the Code of Federal Regulations. Nothing in this subclause <br /> authorizes any person to violate the prohibition specified in Section 25250.7. <br /> (2) "Board" means the California Integrated Waste Management Board. <br /> (3) (A) 'Recycled oil" means any oil that meets all of the following requirements specified in clauses (i) to (iii), <br /> inclusive: <br /> (i) Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more <br /> contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, <br /> provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of <br /> Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all <br /> applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation <br /> as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes <br /> with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, <br /> these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or <br /> Section 25250.7. <br /> (ii)The recycled oil meets one of the following requirements: <br /> (I) The recycled oil is produced by a generator lawfully recycling its oil. <br /> (II) The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section <br /> 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The <br /> department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or <br /> more contaminated petroleum products or oily wastes unless the department determines that the process to be <br /> authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of <br /> compliance with the specifications of subparagraph (B). <br /> (III) The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is <br /> produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to <br /> implement the federal act in that state. <br /> (iii) Has been prepared for reuse and meets all of the following standards: <br /> (I) The oil meets the standards of purity set forth in subparagraph (B). <br /> (II) If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, <br /> the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any <br /> characteristic or constituent other than those listed in subparagraph (B). <br /> (III) The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) <br /> of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. <br /> (IV) The oil is not subject to regulation as a hazardous waste under the federal act. <br /> (V) If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to <br /> any characteristic or constituent for which the department has made the finding required by subparagraph (B) of <br /> paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified <br /> in the standards of purity set forth in subparagraph (B). <br /> (B) The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by <br /> regulation, establishes more stringent standards: <br /> (i) Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. <br /> However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit. <br /> (ii) Total lead: 50 mg/kg or less. <br /> (iii) Total arsenic: 5 mg/kg or less. <br /> (iv) Total chromium: 10 mg/kg or less. <br /> (v) Total cadmium: 2 mg/kg or less. <br />