Exemptions & Exceptions to the Rebuttable Presumption
There are different ways to rebut the presumption that a used oil is contaminated enough to be treated as hazardous waste. For example, a used oil handler may rebut the presumption by demonstrating that the halogens in the used oil came from one of the following sources:
- Chlorofluorocarbons (CFCs) from refrigeration units that are destined for reclamation
- Household hazardous waste
- RCRA empty drums
- A material that is not a hazardous waste (for example, saltwater)
- PCBs per specifications
In some cases, used oil handlers may also be able to rebut the presumption because of their particular situation.
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