Sections 1006, 2002(a), 3001 through 3007, 3010, 3014, and 7004 of the Solid
Terms that are defined in §§ 260.10, 261.1, and 280.12 of this chapter have the same meanings when used in this part.
(2) The owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for installation of the tank to be completed within a reasonable time.
(1) Directs a shipment of off-specification used oil from their facility to a used oil burner; or
(2) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11 of this part.
This section identifies those materials which are subject to regulation as used oil under this part. This section also identifies some materials that are not subject to regulation as used oil under this part, and indicates whether these materials may be subject to regulation as hazardous waste under parts 260 through 266, 268, 270, and 124 of this chapter.
(a)
(b)
(ii)
(A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 279.24(c), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.
(B) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
(2)
(i) Except as provided in paragraph (b)(2)(iii) of this section, regulation as hazardous waste under parts 260 through 266, 268, 270, and 124 of this chapter rather than as used oil under this part, if the resultant mixture exhibits any characteristics of hazardous waste identified in subpart C of part 261 of this chapter; or
(ii) Except as specified in § 279.10(b)(2)(iii) regulation as used oil under this part, if the resultant mixture does not exhibit any characteristics of hazardous waste identified under subpart C of part 261 of this chapter.
(iii) Regulation as used oil under this part, if the mixture is of used oil and a waste which is hazardous solely because it exhibits the characteristic of ignitability (e.g., ignitable-only mineral spirits), provided that the resultant mixture does not exhibit the characteristic of ignitability under § 261.21 of this chapter.
(3)
(c)
(i) Are not used oil and thus not subject to this part, and
(ii) If applicable are subject to the hazardous waste regulations of parts 124, 260 through 266, 268, and 270 of this chapter.
(2) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under this part.
(3) Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under this part.
(d)
(2) Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's own vehicles are not subject to this part once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of subpart C of this part.
(e)
(i) Not used oil and thus are not subject to this part, and
(ii) Not solid wastes and are thus not subject to the hazardous waste regulations of parts 260 through 266, 268, 270, and 124 of this chapter as provided in § 261.3(c)(2)(i) of this chapter.
(2) Materials produced from used oil that are burned for energy recovery (e.g., used oil fuels) are subject to regulation as used oil under this part.
(3) Except as provided in paragraph (e)(4) of this section, materials derived from used oil that are disposed of or used in a manner constituting disposal are:
(i) Not used oil and thus are not subject to this part, and
(ii) Are solid wastes and thus are subject to the hazardous waste regulations of parts 260 through 266, 268, 270, and 124
(4) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this part.
(f)
(g)
(2) Mixtures of used oil and crude oil or natural gas liquids containing less than 1% used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at a point prior to crude distillation or catalytic cracking are exempt from the requirements of this part.
(3) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from the requirements of this part provided that the used oil constitutes less than 1% of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of this part.
(4) Except as provided in paragraph (g)(5) of this section, used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from the requirements of this part only if the used oil meets the specification of § 279.11. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of this part.
(5) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from the requirements of this part. This exemption does not extend to used oil which is intentionally introduced into a hydrocarbon recovery system (e.g., by pouring collected used oil into the waste water treatment system).
(6) Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids are exempt from the requirements of this part.
(h)
(i)
Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this part unless it is shown not to exceed any of the allowable levels of the constituents and properties shown in Table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed any allowable level and the person making that showing complies with §§ 279.72, 279.73, and 279.74(b), the used oil is no longer subject to this part.
(a)
(b)
(c)
(1) Industrial furnaces identified in § 260.10 of this chapter;
(2) Boilers, as defined in § 260.10 of this chapter, that are identified as follows:
(i) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;
(ii) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or
(iii) Used oil-fired space heaters provided that the burner meets the provisions of § 279.23.
(3) Hazardous waste incinerators subject to regulation under subpart O of parts 264 or 265 of this chapter.
(a)
(1)
(2)
(3)
(4)
(b)
(1) Generators who transport used oil, except under the self-transport provisions of § 279.24 (a) and (b), must also comply with subpart E of this part.
(2) (i) Except as provided in paragraph (b)(2)(ii) of this section, generators who process or re-refine used oil must also comply with subpart F of this part.
(ii) Generators who perform the following activities are not processors provided that the used oil is generated on-site and is not being sent off-site to a burner of on- or off-specification used oil fuel.
(A) Filtering, cleaning, or otherwise reconditioning used oil before returning it for reuse by the generator;
(B) Separating used oil from wastewater generated on-site to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the Clean Water Act or other applicable Federal or state regulations governing the management or discharge of wastewaters;
(C) Using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation;
(D) Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to § 279.10(c); or
(E) Filtering, separating or otherwise reconditioning used oil before burning it in a space heater pursuant to § 279.23.
(3) Generators who burn off-specification used oil for energy recovery, except under the on-site space heater provisions of § 279.23, must also comply with subpart G of this part.
(4) Generators who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11 must also comply with subpart H of this part.
(5) Generators who dispose of used oil, including the use of used oil as a dust suppressant, must also comply with subpart I of this part.
(a) Mixtures of used oil and hazardous waste must be managed in accordance with § 279.10(b).
(b) The rebuttable presumption for used oil of § 279.10(b)(1)(ii) applies to used oil managed by generators. Under the rebuttable presumption for used oil of § 279.10(b)(1)(ii), used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste and thus must be managed as hazardous waste and not as used oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils/fluids and certain used oils removed from refrigeration units.
Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this Subpart. Used oil generators are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits
(a)
(b)
(1) In good condition (no severe rusting, apparent structural defects or deterioration); and
(2) Not leaking (no visible leaks).
(c)
(2) Fill pipes used to transfer used oil into underground storage tanks at generator facilities must be labeled or marked clearly with the words “Used Oil.”
(d)
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly the released used oil and other materials; and
(4) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
Generators may burn used oil in used oil-fired space heaters provided that:
(a) The heater burns only used oil that the owner or operator generates or used oil received from household do-it-yourself used oil generators;
(b) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour; and
(c) The combustion gases from the heater are vented to the ambient air.
Except as provided in paragraphs (a) through (c) of this section, generators must ensure that their used oil is transported only by transporters who have obtained EPA identification numbers.
(a)
(1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;
(2) The generator transports no more than 55 gallons of used oil at any time; and
(3) The generator transports the used oil to a used oil collection center that is registered, licensed, permitted, or recognized by a state/county/municipal government to manage used oil.
(b)
(1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;
(2) The generator transports no more than 55 gallons of used oil at any time; and
(3) The generator transports the used oil to an aggregation point that is owned and/or operated by the same generator.
(c)
(1) The type of used oil and the frequency of shipments;
(2) That the vehicle used to transport the used oil to the processing/re-refining facility and to deliver recycled used oil back to the generator is owned and operated by the used oil processor/re-refiner; and
(3) That reclaimed oil will be returned to the generator.
(a)
(b)
(a)
(b)
(1) Comply with the generator standards in subpart C of this part; and
(2) Be registered/licensed/permitted/recognized by a state/county/municipal government to manage used oil.
(a)
(b)
(a)
(1) This subpart does not apply to on-site transportation.
(2) This subpart does not apply to generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil collection center as specified in § 279.24(a).
(3) This subpart does not apply to generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in § 279.24(b).
(4) This subpart does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor/re-refiner, or burner subject to the requirements of this part. Except as provided in paragraphs (a)(1) through (a)(3) of this section, this subpart does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or
(b)
(c)
(d)
(1) Transporters who generate used oil must also comply with subpart C of this part;
(2) Transporters who process or re-refine used oil, except as provided in § 279.41, must also comply with subpart F of this part;
(3) Transporters who burn off-specification used oil for energy recovery must also comply with subpart G of this part;
(4) Transporters who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11 must also comply with subpart H of this part; and
(5) Transporters who dispose of used oil, including the use of used oil as a dust suppressant, must also comply with subpart I of this part.
(a) Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in paragraph (b) of this section, used oil transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in subpart F of this part.
(b) Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products unless they also comply with the processor/re-refiner requirements in subpart F of this part.
(c) Transporters of used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter or at a transfer facility prior to being returned to its original use are not subject to the processor/re-refiner requirements in subpart F of this part.
(a)
(b)
(1) A completed EPA Form 8700-12 (To obtain ordering information for EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or
(2) A letter requesting an EPA identification number.
(i) Transporter company name;
(ii) Owner of the transporter company;
(iii) Mailing address for the transporter;
(iv) Name and telephone number for the transporter point of contact;
(v) Type of transport activity (i.e., transport only, transport and transfer facility, transfer facility only);
(vi) Location of all transfer facilities at which used oil is stored;
(vii) Name and telephone number for a contact at each transfer facility.
(a)
(1) Another used oil transporter, provided that the transporter has obtained an EPA identification number;
(2) A used oil processing/re-refining facility who has obtained an EPA identification number;
(3) An off-specification used oil burner facility who has obtained an EPA identification number; or
(4) An on-specification used oil burner facility.
(b)
(c)
(2) If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers.
(3) An air, rail, highway, or water transporter who has discharged used oil must:
(i) Give notice, if required by 49 CFR 171.15, to the National Response Center (800-424-8802 or 202-426-2675); and
(ii) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.
(4) A water transporter who has discharged used oil must give notice as required by 33 CFR 153.203.
(5) A transporter must clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.
(a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of § 279.10(b)(1)(ii), the used oil transporter must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm.
(b) The transporter must make this determination by:
(1) Testing the used oil; or
(2) Applying knowledge of the halogen content of the used oil in light of the materials or processes used.
(c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter).
(1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 279.24(c), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids
(2) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
(d)
Used oil transporters are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this subpart. Used oil transporters are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart.
(a)
(b)
(c)
(1) In good condition (no severe rusting, apparent structural defects or deterioration); and
(2) Not leaking (no visible leaks).
(d)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dikes, berms, or retaining walls; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(e)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(f)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(g)
(2) Fill pipes used to transfer used oil into underground storage tanks at transfer facilities must be labeled or marked clearly with the words “Used Oil.”
(h)
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly the released used oil and other materials; and
(4) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
(a)
(1) The name and address of the generator, transporter, or processor/re-refiner who provided the used oil for transport;
(2) The EPA identification number (if applicable) of the generator, transporter, or processor/re-refiner who provided the used oil for transport;
(3) The quantity of used oil accepted;
(4) The date of acceptance; and
(5)(i) Except as provided in paragraph (a)(5)(ii) of this section, the signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor/re-refiner who provided the used oil for transport.
(ii) Intermediate rail transporters are not required to sign the record of acceptance.
(b)
(1) The name and address of the receiving facility or transporter;
(2) The EPA identification number of the receiving facility or transporter;
(3) The quantity of used oil delivered;
(4) The date of delivery;
(5)(i) Except as provided in paragraph (b)(5)(ii) of this section, the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter.
(ii) Intermediate rail transporters are not required to sign the record of delivery.
(c)
(d)
Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in § 279.10(e).
(a) The requirements of this subpart apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or
(1) Transporters that conduct incidental processing operations that occur during the normal course of transportation as provided in § 279.41; or
(2) Burners that conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in § 279.61(b).
(b)
(1) Processors/re-refiners who generate used oil must also comply with subpart C of this part;
(2) Processors/re-refiners who transport used oil must also comply with subpart E of this part;
(3) Except as provided in paragraphs (b)(3)(i) and (b)(3)(ii) of this section, processors/re-refiners who burn off-specification used oil for energy recovery must also comply with subpart G of this part. Processor/re-refiners burning used oil for energy recovery under the following conditions are not subject to subpart G of this part:
(i) The used oil is burned in an on-site space heater that meets the requirements of § 279.23; or
(ii) The used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing;
(4) Processors/re-refiners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11 must also comply with subpart H of this part; and
(5) Processors/re-refiners who dispose of used oil, including the use of used oil as a dust suppressant, also must comply with subpart I of this part.
(a)
(b)
(1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or
(2) A letter requesting an EPA identification number.
Call RCRA/Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter should include the following information:
(i) Processor or re-refiner company name;
(ii) Owner of the processor or re-refiner company;
(iii) Mailing address for the processor or re-refiner;
(iv) Name and telephone number for the processor or re-refiner point of contact;
(v) Type of used oil activity (i.e., process only, process and re-refine);
(vi) Location of the processor or re-refiner facility.
(a)
(1)
(2)
(i) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(ii) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
(iii) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment and decontamination equipment; and
(iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
(3)
(4)
(ii) If there is ever just one employee on the premises while the facility is operating, the employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required in paragraph (a)(2) of this section.
(5)
(6)
(A) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;
(B) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(C) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and
(D) Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(ii) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.
(b)
(1)
(ii) The provisions of the plan must be carried out immediately whenever
(2)
(ii) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with part 112 of this chapter, or part 1510 of chapter V of this title, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements of this part.
(iii) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to paragraph (a)(6) of this section.
(iv) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see paragraph (b)(5) of this section), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.
(v) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(vi) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of used oil or fires).
(3)
(i) Maintained at the facility; and
(ii) Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
(4)
(i) Applicable regulations are revised;
(ii) The plan fails in an emergency;
(iii) The facility changes—in its design, construction, operation, maintenance, or other circumstances—in a way that materially increases the potential for fires, explosions, or releases of used oil, or changes the response necessary in an emergency;
(iv) The list of emergency coordinators changes; or
(v) The list of emergency equipment changes.
(5)
(6)
(A) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(B) Notify appropriate State or local agencies with designated response roles if their help is needed.
(ii) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. He may do this by observation or review of facility records or manifests and, if necessary, by chemical analyses.
(iii) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).
(iv) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he must report his findings as follows:
(A) If his assessment indicated that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and
(B) He must immediately notify either the government official designated as the on-scene coordinator for the geographical area (in the applicable regional contingency plan under part 1510 of this title), or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:
(
(
(
(
(
(
(v) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other used oil or hazardous waste at the facility. These measures must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.
(vi) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(vii) Immediately after an emergency, the emergency coordinator must provide for recycling, storing, or disposing of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.
(viii) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(A) No waste or used oil that may be incompatible with the released material is recycled, treated, stored, or disposed of until cleanup procedures are completed; and
(B) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(C) The owner or operator must notify the Regional Administrator, and appropriate State and local authorities that the facility is in compliance with paragraphs (b)(6)(viii)(A) and (B) of this section before operations are resumed in the affected area(s) of the facility.
(ix) The owner or operator must note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he must submit a written report on the
(A) Name, address, and telephone number of the owner or operator;
(B) Name, address, and telephone number of the facility;
(C) Date, time, and type of incident (e.g., fire, explosion);
(D) Name and quantity of material(s) involved;
(E) The extent of injuries, if any;
(F) An assessment of actual or potential hazards to human health or the environment, where this is applicable;
(G) Estimated quantity and disposition of recovered material that resulted from the incident.
(a) To ensure that used oil managed at a processing/re-refining facility is not hazardous waste under the rebuttable presumption of § 279.10(b)(1)(ii), the owner or operator of a used oil processing/re-refining facility must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.
(b) The owner or operator must make this determination by:
(1) Testing the used oil; or
(2) Applying knowledge of the halogen content of the used oil in light of the materials or processes used.
(c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter).
(1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.
(2) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
Used oil processor/re-refiners are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this subpart. Used oil processors/re-refiners are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart.
(a)
(b)
(1) In good condition (no severe rusting, apparent structural defects or deterioration); and
(2) Not leaking (no visible leaks).
(c)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(d)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(e)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(f)
(2) Fill pipes used to transfer used oil into underground storage tanks at processing and re-refining facilities must be labeled or marked clearly with the words “Used Oil.”
(g)
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly the released used oil and other materials; and
(4) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
(h)
(i) At closure of a tank system, the owner or operator must remove or decontaminate used oil residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under this chapter.
(ii) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph (h)(1)(i) of this section, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills (§ 265.310 of this chapter).
(2)
(i) At closure, containers holding used oils or residues of used oil must be removed from the site;
(ii) The owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under part 261 of this chapter.
Owners or operators of used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of § 279.53 and, if applicable, § 279.72. The owner or operator must keep the plan at the facility.
(a)
(1) Whether sample analyses or knowledge of the halogen content of the used oil will be used to make this determination.
(2) If sample analyses are used to make this determination:
(i) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:
(A) One of the sampling methods in appendix I of part 261 of this chapter; or
(B) A method shown to be equivalent under §§ 260.20 and 260.21 of this chapter;
(ii) The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and
(iii) The methods used to analyze used oil for the parameters specified in § 279.53; and
(3) The type of information that will be used to determine the halogen content of the used oil.
(b)
(1) Whether sample analyses or other information will be used to make this determination;
(2) If sample analyses are used to make this determination:
(i) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:
(A) One of the sampling methods in appendix I of part 261 of this chapter; or
(B) A method shown to be equivalent under §§ 260.20 and 260.21 of this chapter;
(ii) Whether used oil will be sampled and analyzed prior to or after any processing/re-refining;
(iii) The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and
(iv) The methods used to analyze used oil for the parameters specified in § 279.72; and
(3) The type of information that will be used to make the on-specification used oil fuel determination.
(a)
(1) The name and address of the transporter who delivered the used oil to the processor/re-refiner;
(2) The name and address of the generator or processor/re-refiner from whom the used oil was sent for processing/re-refining;
(3) The EPA identification number of the transporter who delivered the used oil to the processor/re-refiner;
(4) The EPA identification number (if applicable) of the generator or processor/re-refiner from whom the used oil was sent for processing/re-refining;
(5) The quantity of used oil accepted; and
(6) The date of acceptance.
(b)
(1) The name and address of the transporter who delivers the used oil to the burner, processor/re-refiner or disposal facility;
(2) The name and address of the burner, processor/re-refiner or disposal facility who will receive the used oil;
(3) The EPA identification number of the transporter who delivers the used oil to the burner, processor/re-refiner or disposal facility;
(4) The EPA identification number of the burner, processor/re-refiner, or disposal facility who will receive the used oil;
(5) The quantity of used oil shipped; and
(6) The date of shipment.
(c)
(a)
(2) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility;
(i) Records and results of used oil analyses performed as described in the analysis plan required under § 279.55; and
(ii) Summary reports and details of all incidents that require implementation of the contingency plan as specified in § 279.52(b).
(b)
(1) The EPA identification number, name, and address of the processor/re-refiner;
(2) The calendar year covered by the report; and
(3) The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific processes employed.
Used oil processors/re-refiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an EPA identification number.
Owners and operators who generate residues from the storage, processing, or re-refining of used oil must manage the residues as specified in § 279.10(e).
(a)
(1) The used oil is burned by the generator in an on-site space heater under the provisions of § 279.23; or
(2) The used oil is burned by a processor/re-refiner for purposes of processing used oil, which is considered burning incidentally to used oil processing.
(b)
(1) Burners who generate used oil must also comply with subpart C of this part;
(2) Burners who transport used oil must also comply with subpart E of this part;
(3) Except as provided in § 279.61(b), burners who process or re-refine used oil must also comply with subpart F of this part;
(4) Burners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11 must also comply with subpart H of this part; and
(5) Burners who dispose of used oil, including the use of used oil as a dust suppressant, must comply with subpart I of this part.
(c)
(a) Off-specification used oil fuel may be burned for energy recovery in only the following devices:
(1) Industrial furnaces identified in § 260.10 of this chapter;
(2) Boilers, as defined in § 260.10 of this chapter, that are identified as follows:
(i) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;
(ii) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or
(iii) Used oil-fired space heaters provided that the burner meets the provisions of § 279.23; or
(3) Hazardous waste incinerators subject to regulation under subpart O of parts 264 or 265 of this chapter.
(b)(1) With the following exception, used oil burners may not process used oil unless they also comply with the requirements of subpart F of this part.
(2) Used oil burners may aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, but may not aggregate for purposes of producing on-specification used oil.
(a)
(b)
(1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or
(2) A letter requesting an EPA identification number. Call the RCRA/Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter should include the following information:
(i) Burner company name;
(ii) Owner of the burner company;
(iii) Mailing address for the burner;
(iv) Name and telephone number for the burner point of contact;
(v) Type of used oil activity; and
(vi) Location of the burner facility.
(a) To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of § 279.10(b)(1)(ii), a used oil burner must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.
(b) The used oil burner must determine if the used oil contains above or below 1,000 ppm total halogens by:
(1) Testing the used oil;
(2) Applying knowledge of the halogen content of the used oil in light of the materials or processes used; or
(3) If the used oil has been received from a processor/re-refiner subject to regulation under subpart F of this part, using information provided by the processor/re-refiner.
(c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter).
(1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 279.24(c), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.
(2) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
(d)
Used oil burners are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this subpart. Used oil burners are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart.
(a)
(b)
(1) In good condition (no severe rusting, apparent structural defects or deterioration); and
(2) Not leaking (no visible leaks).
(c)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall.
(2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(d)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(e)
(1) The secondary containment system must consist of, at a minimum:
(i) Dikes, berms or retaining walls; and
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or
(iii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(f)
(2) Fill pipes used to transfer used oil into underground storage tanks at burner facilities must be labeled or marked clearly with the words “Used Oil.”
(g)
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly the released used oil and other materials; and
(4) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
(a)
(1) The name and address of the transporter who delivered the used oil to the burner;
(2) The name and address of the generator or processor/re-refiner from whom the used oil was sent to the burner;
(3) The EPA identification number of the transporter who delivered the used oil to the burner;
(4) The EPA identification number (if applicable) of the generator or processor/re-refiner from whom the used oil was sent to the burner;
(5) The quantity of used oil accepted; and
(6) The date of acceptance.
(b)
(a)
(1) The burner has notified EPA stating the location and general description of his used oil management activities; and
(2) The burner will burn the used oil only in an industrial furnace or boiler identified in § 279.61(a).
(b)
Burners who generate residues from the storage or burning of used oil must manage the residues as specified in § 279.10(e).
(a) Any person who conducts either of the following activities is subject to the requirements of this subpart:
(1) Directs a shipment of off-specification used oil from their facility to a used oil burner; or
(2) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11.
(b) The following persons are not marketers subject to this subpart:
(1) Used oil generators, and transporters who transport used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. However, processors/re-refiners who burn some used oil fuel for purposes of processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processor/re-refiners who incidentally burn used oil are not marketers subject to this Subpart;
(2) Persons who direct shipments of on-specification used oil and who are not the first person to claim the oil meets the used oil fuel specifications of § 279.11.
(c) Any person subject to the requirements of this Subpart must also comply with one of the following:
(1) Subpart C of this part—Standards for Used Oil Generators;
(2) Subpart E of this part—Standards for Used Oil Transporters and Transfer Facilities;
(3) Subpart F of this part—Standards for Used Oil Processors and Re-refiners; or
(4) Subpart G of this part—Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery.
A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who:
(a) Has an EPA identification number; and
(b) Burns the used oil in an industrial furnace or boiler identified in § 279.61(a).
(a)
(b)
(a)
(b) A marketer who has not received an EPA identification number may obtain one by notifying the Regional Administrator of their used oil activity by submitting either:
(1) A completed EPA Form 8700-12; or
(2) A letter requesting an EPA identification number. The letter should include the following information:
(i) Marketer company name;
(ii) Owner of the marketer;
(iii) Mailing address for the marketer;
(iv) Name and telephone number for the marketer point of contact; and
(v) Type of used oil activity (i.e., generator directing shipments of off-specification used oil to a burner).
(a)
(1) The name and address of the transporter who delivers the used oil to the burner;
(2) The name and address of the burner who will receive the used oil;
(3) The EPA identification number of the transporter who delivers the used oil to the burner;
(4) The EPA identification number of the burner;
(5) The quantity of used oil shipped; and
(6) The date of shipment.
(b)
(1) The name and address of the facility receiving the shipment;
(2) The quantity of used oil fuel delivered;
(3) The date of shipment or delivery; and
(4) A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under § 279.72(a).
(c)
(a)
(1) The burner has notified EPA stating the location and general description of used oil management activities; and
(2) The burner will burn the off-specification used oil only in an industrial furnace or boiler identified in § 279.61(a).
(b)
The requirements of this subpart apply to all used oils that cannot be recycled and are therefore being disposed.
(a)
(b)
(a) The use of used oil as a dust suppressant is prohibited, except when such activity takes place in one of the states listed in paragraph (c) of this section.
(b) A State may petition (e.g., as part of its authorization petition submitted to EPA under § 271.5 of this chapter or by a separate submission) EPA to allow the use of used oil (that is not mixed with hazardous waste and does not exhibit a characteristic other than ignitability) as a dust suppressant. The State must show that it has a program in place to prevent the use of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of use as a dust suppressant on the environment.
(c)