Distinguishing Waste Oil that is Used Oil Fuel from Waste Oil that is not Used Oil Fuel

(1) Any batch or lot of waste oil that is not used oil fuel is either hazardous waste fuel, used waste oil, or unused waste oil. Unless and until the Department is persuaded otherwise pursuant to the application and permitting requirements set forth in 310 CMR 30.250, a batch or lot of waste oil shall be presumed to be mixed with hazardous waste, and therefore not used oil fuel, if: (a) The waste oil is "transformer oil", i.e. oil that has been used in a transformer, capacitor, switch, or other electrical device for insulation or heat transfer purposes. Transformer oil shall be presumed to be mixed with PCBs in concentrations equal to or exceeding 50 parts per million unless and until the Department is persuaded otherwise pursuant to the application and permitting requirements set forth in 310 CMR 30.250. (b) The waste oil contains 1,000 or more parts per million of total halogens, in which case the waste oil shall be presumed to be a mixture of oil and halogenated hazardous wastes unless and until the Department is persuaded, pursuant to the application and permitting requirements set forth in 310 CMR 30.250, that the waste oil contains no halogenated constituent listed in 310 CMR 30.160 in a significant amount. (2) In any event, the Department may deem any particular batch or lot of used oil fuel to be hazardous waste, and make that material subject to all applicable provisions of 310 CMR 30.000 other than 310 CMR 30.200, if the Department determines that such action is necessary or appropriate to protect public health, safety, or welfare, or the environment.