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(vi) Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more <br /> than 1000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter <br /> I of Chapter 1 of Title 40 of the Code of Federal Regulations. <br /> (vii)Total polychlorinated biphenyls (PCBs): less than 2 mg/kg. <br /> (C) Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of <br /> subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with <br /> a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph <br /> (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste <br /> adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain <br /> records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning <br /> the recycling technology utilized to demonstrate to the satisfaction of the department or other enforcement <br /> agencies that the recycling has been achieved in compliance with this subdivision. <br /> (D) This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal. <br /> (4) "Used oil recycling facility" means a facility that reprocesses or re-refines used oil. <br /> (5) "Used oil storage facility" means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores <br /> used oil. <br /> (6) "Used oil transfer facility" means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets <br /> the qualifications to be a storage facility, for purposes of Section 25123.3. <br /> (7) (A) For purposes of this section and Section 25250.7 only, "contaminated petroleum product" means a product <br /> that meets all of the following conditions: <br /> (i) It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent. <br /> (ii) It has not been used for its original intended purpose. <br /> (iii) It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title <br /> 40 of the Code of Federal Regulations. <br /> (iv) It has not been mixed with a hazardous waste other than another contaminated petroleum product. <br /> (B) Nothing in this section or Section 25250.7 shall be construed to affect the exemptions in Section 25250.3, or to <br /> subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter. <br /> (b) Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by <br /> the department: <br /> (1) The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt <br /> from regulation by the department, and the used oil meets all of the following conditions: <br /> (A) The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a). <br /> (B) The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for <br /> any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a). <br /> (C) The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section <br /> 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. <br /> (D) The used oil is not subject to regulation as either hazardous waste or used oil under the federal act. <br /> (E) The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing <br /> and recordkeeping requirements of Section 25250.19. <br /> (F) The used oil is not disposed of or used in a manner constituting disposal. <br /> (2) The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the <br /> requirements of subdivision (c), and the requirements of Section 25250.19. <br /> (c) Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that <br /> recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log <br /> and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who <br /> claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the <br /> department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section <br /> 25250.19 prior to its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, <br /> whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or <br /> the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and <br /> criteria. <br />