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Subpart 360-14:Used Oil

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date December 31, 1988]

[Amendment Dates:
Revised Effective March 27, 1990; with promulgation of new Subpart 15: Grants for Comprehensive Solid Waste Management Planning.
Revised Effective May 28, 1991; With repeal of existing Subpart 9 and promulgation of new Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 25, 1992; With repeal of existing Subpart 10 and promulgation of new Subpart10: Regulated Medical Waste Storage, Transfer, and Disposal, and new Subpart 17 Regulated Medical Waste Treatment Facilities.
Revised/Enhanced Effective October 9, 1993; with adoption of amendments to existing Subparts 1 through 17
Revised Effective December 14, 1994; with adoption of amendments to existing Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 14, 1995; With repeal of existing Subpart 14 and promulgation of new Subpart 14: Used Oil.
Revised Effective November 26, 1996; With adoption of amendments to existing Subparts 1, 2, 3, 7, 11, 14, and 17

Revised Effective September 29, 1997; With adoption of amendments to existing Subpart 9
Revised Effective November 21, 1998; With adoption of amendments to existing Subpart 2
Revised Effective November 24, 1999; With adoption of amendments to existing Subparts 2, 3, 4, 5, 9, 11, 14, and 16]
Revised Effective May 12, 2006; With adoption of amendment to existing Subpart 1 and repeal of existing Subpart 14 and promulgation of New Subpart 14: Used Oil

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page. A list of sections in this subpart appears below.]

Contents:

Sec.

§360-14.1 Applicability.

(a) Applicable requirements.

(1) This Subpart contains special provisions governing facilities regulated by ECL Article 23, Title 23 (Re-refining of Used Oil), and Article 27, Title 7 (Solid Waste Management and Resource Recovery Facilities). This Subpart does not regulate household do-it-yourselfer oil changers.

(2) Owners and operators of facilities which manage used oil, as defined by this Subpart, are subject to all other appropriate requirements of Subpart 360-1 of this Part and to this Subpart, unless exempted under subdivision (b) of this section.

(3) Owners and operators of facilities which manage used oil, as defined by this Subpart, must meet all applicable requirements contained in Subpart 374-2 of this Title. Materials defined as used oil under section 374-2.2 of this Title are also subject to regulation as used oil under this Subpart.

(4) Any used oil transfer facility, processor/re-refiner or collection center located at a facility regulated under Part 373 of this Title must be structurally independent of the Part 373 facility operations, in order to be regulated under this Subpart. Facilities having operations regulated under both Subpart 360-14 and Part 373 of this Title may share joint laboratories, offices, and access roads. However, all used oil storage tanks, piping and appurtenances, processing equipment, and transfer points must be structurally separate from the Part 373 facility. Where Subpart 360-14 and Part 373 tanks or containers share the same containment area or transfer point, any spills in the containment area or at the same transfer point must be managed as a hazardous waste, unless testing or knowledge is used to determine that the material is not a hazardous waste, pursuant to Subpart 374-2 of this Title.

(b) Exemptions.

The following operations and facilities that manage used oil are exempt from this Part, but are subject to regulation as indicated.

(1) Used oil burner facilities (other than used oil fired space heater facilities), as defined in subdivision 374-2.1(a) of this Title, subject to regulation under Section 374-2.7 of this Title.

(2) Used oil generator facilities, as defined in subdivision 374-2.1(a) of this Title, including used engine lubricating oil retention facilities, subject to regulation under Section 374-2.3 of this Title.

(3) Used oil aggregation points, as defined in subdivision 374-2.1(a) of this Title, subject to regulation under subdivision 374-2.4(c) of this Title.

(4) Do-it-yourselfer (DIY) used oil collection centers, as defined in subdivision 374-2.1(a) of this Title, subject to regulation under subdivision 374-2.4(a) of this Title.

(5) Facilities that manage only on-specification used oil fuel that is to be burned for energy recovery, pursuant to the provisions of subdivision 374-2.2(b) of this Title. Facilities managing used oil prior to declaring it on-specification do not qualify for this exemption for any activities performed upon the oil prior to the declaration. However, this exemption applies to activities performed upon the oil subsequent to an on-specification determination.

(6) Used oil fired space heater facilities, which are subject to regulation as generator facilities under Section 374-2.3 of this Title. Requirements for the on-site burning of used oil in space heaters at generator facilities are at subdivision 374-2.3(d) of this Title. Such facilities are also subject to all applicable requirements of Parts 201 and 225 of this Title.

(7) The transfer of used oil from vehicle to vehicle, other than at a used oil facility permitted under this Part, provided the following requirements are met:

(i) transfer operations are continuously observed;

(ii) a contingency plan meeting the applicable requirements of paragraph 374-2.6(c)(2) of this Title is in place in case of an emergency during transfer. The contingency plan must be prepared and certified by an individual licensed to practice engineering in the State of New York;

(iii) the transporters meet all applicable requirements of Part 364 of this Title;

(iv) procedures are established to meet the requirements of paragraphs 374-2.6(f)(1) and (3) of this Title and subparagraph 360-14.3(c)(3)(i) of this Subpart;

(v) facilities storing beyond 24 hours must also comply with the facility standards of 40 CFR 279, Subpart E, incorporated by reference in Section 360-1.3 of this Part; and

(vi) used oil must be stored for 35 days or less, from receipt.

(8) The storage of used oil by a transporter permitted under Part 364 of this Title at such transporter's facility for a period of 10 calendar days or less, is exempt from permitting under this Part, provided that no transfer, pumping or consolidation of loads occurs. Facilities storing beyond 24 hours must also comply with the facility standards of 40 CFR 279, Subpart E, incorporated by reference in section 360-1.3 of this Part.

(9) Any materials or operations that are not subject to used oil regulation under subdivision 374-2.2(a) of this Title are exempt from permitting under this Subpart.

(c) Waste oil compared to used oil. Waste oils, including but not limited to, used engine lubricating oil, fuel oil, motor oil, gear oil, cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, or oil storage tank residues, which have been contaminated by physical and chemical impurities, through use or accident, and have not subsequently been re-refined, shall be regulated in the same manner as used oil under this Subpart unless otherwise specifically exempted or excluded. Waste oil which is hazardous in accordance with Part 371 of this Title, and is not a used oil, shall be regulated as a hazardous waste. Waste oil shall be classified as on-specification or off-specification, pursuant to the provisions of paragraph 374-2.2(b)(1) of this Title.

§360-14.2 Definitions.

(a) Definitions. Terms that are defined in subdivision 374-2.1(a) of this Title have the same meanings when used in this Subpart. The following terms have the following meanings when used in this Subpart.

(1) "EPA" means the United States Environmental Protection Agency.

(2) "Fuel oil" means all oil that has been refined, re-refined, or otherwise reprocessed for the purpose of being burned to produce heat.

(3) "Lube stock" means the base petroleum fraction used to formulate lubricating oil.

(4) "Lubricating oil" means all oil suitable for use as a lubricant, or sold for use as a lubricant.

(5) "New oil" means all oil that has been refined from virgin oil, which may or may not contain additives, but has never been used and does not contain re-refined, reprocessed, or used lubricating oil.

(6) "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 other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products; blending used oils to meet the fuel specification; filtration; simple distillation; chemical or physical separation; and re-refining.

(7) "Reprocessing" means any process, method or technique, short of re-refining, that removes physical or chemical contaminants from used oil so that such oil can be used productively.

(8) "Re-refining" means any process, method or technique that removes the physical and chemical contaminants from used oil so that such oil is suitable for use as lube stock or fuel oil and, when used by itself or when mixed with new oil or additives, is substantially equivalent or superior to new oil intended for the same purpose, as specified in the American Petroleum Institute's API Publication 1509, Engine Service Classification System and Guide to Crankcase Oil Selection, as incorporated by reference in section 360-1.3 of this Part.

(9) "Used engine lubricating oil" means petroleum-based lubricating oil from internal combustion engines and/or from vehicle transmissions that, through use, has been contaminated by physical or chemical impurities.

(10) "Used engine lubricating oil retention facility" means any facility employed to store used engine lubricating oil generated by a service establishment or any other person, commercial or industrial operation, airport, bus or trucking terminal, or State or local government facility; that generates at least 500 gallons of used engine lubricating oil annually, or accepts used oil from do-it-yourselfers.

(11) "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used, and as a result of such use, is contaminated by physical or chemical impurities.

(12) "Used oil collection center" means any site or facility that is recognized by this department pursuant to paragraph 374-2.4(b)(2) of this Title, to manage used oil, and accepts/aggregates and stores used oil collected from used oil generators regulated under section 374-2.3 of this Title, who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of subdivision 374-2.3(e) of this Title. Used oil collection centers may also accept used oil from household do-it-yourselfers.

(13) "Used oil processor/re-refiner" means a facility that either processes or re-refines used oil.

(14) "Used oil transfer facility" means any transportation related facility including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to subparagraph 374-2.3(a)(2)(ii) of this Title. Transfer facilities that store used oil for more than 35 days are subject to regulation under section 374-2.6 of this Title.

(15) "Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. 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 or used oil fuel.

(16) "Waste oil" means used engine lubricating oil or any other oil including, but not limited to, fuel oil, motor oil, gear oil, cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank residues, animal oil, and vegetable oil, which has been contaminated by physical or chemical impurities, through use or accident, and has not subsequently been re-refined.

§360-14.3 Used Oil Collection Centers and Transfer Facilities.

(a) Applicability. This section applies to all used oil collection centers and transfer facilities. A used oil collection center or transfer facility must obtain a Part 360 permit for the construction and operation of the facility. A used oil collection center must also meet the requirements of subdivision 374-2.4(b) of this Title. A used oil transfer facility must also meet the requirements of section 374-2.5 of this Title.

(b) Transition. A used oil collection center or transfer facility which currently possesses a Part 360 permit must meet the requirements of this Subpart in accordance with the applicable provisions of paragraph 360-1.7(a)(3) of this Part.

(c) Permit application requirements. Unless exempt under the provisions of subdivision 360-14.1(b) of this Subpart, an owner or operator of a used oil collection center or transfer facility must provide the following information to the department in applying for a permit to construct and operate:

(1) Notification. An application to construct and operate a used oil collection center or transfer facility must include a copy of the facility's EPA notification and identification number, obtained in accordance with subdivision 374-2.5(c) of this Title;

(2) Engineering report. An application to construct and operate a used oil collection center or transfer facility must include an engineering report which, in addition to the requirements of subdivision 360-1.9(e) of this Part, includes the following information:

(i) a general description of the overall process and a functional description of all equipment to be used in operating the facility including, but not limited to, design criteria and a process flow diagram;

(ii) a description and map of the geographic service area from which the used oils will be received;

(iii) information which indicates the facility is designed, maintained, and operated to minimize hazards to human health and the environment, resulting from fires, explosions, or releases into the air, onto the soil, or into ground water or surface water;

(iv) a detailed description of the types of used oils to be accepted by the facility and the origin of the used oils;

(v) proof of used oil storage tank licensing or registration with the department, or proof of certification by an individual licensed to practice engineering in the State of New York, that the tanks at the facility meet the requirements of paragraph 374-2.5(f)(3) of this Title; and

(vi) a description of how the owner or operator will maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area or operation in an emergency, unless aisle space is not needed for these purposes.

(3) Quality control plan. An application to construct and operate a used oil collection center or transfer facility must include a quality control plan which describes how the facility will implement quality control procedures in accordance with subdivisions 374-2.5(e) and 374-2.6(f) of this Title:

(i) If the used oil collection center or transfer facility handles any waste oil which is not defined as a used oil under subdivision 360-14.2(a) of this Subpart, or disposes of any used oil rather than recycling or reusing it, the used oil quality control plan must contain additional procedures to assure that the facility does not accept any characteristic hazardous waste; and

(ii) The used oil quality control plan must include a description of the training program for facility personnel to aid them in recognizing a listed hazardous waste.

(4) Contingency plan. An application to construct and operate a used oil collection center or transfer facility must contain a contingency plan in accordance with the requirements of subdivision 360-1.9(h) of this Part and paragraph 374-2.6(c)(2) of this Title.

(5) Closure plan. An application to construct and operate a used oil collection center or transfer facility must include a closure plan which describes how the facility will implement closure procedures in accordance with subdivisions 360-1.14(w) and 374-2.5(f) of this Title.

(6) Draft operations and maintenance manual. An application to construct and operate a used oil collection center or transfer facility must include a draft operations and maintenance manual, which contains all the applicable plans required by this Part.

(7) Tracking requirements. An application to construct and operate a used oil collection center or transfer facility must include a description of the used oil tracking system to be used at the facility, in accordance with the requirements of subdivision 374-2.5(g) of this Title.

(d) Reporting. The owner or operator of a used oil collection center or transfer facility must prepare an annual report on a form prescribed by or acceptable to the department. It must be sent to the department's central office and to the department office in the Region in which the facility is located, no later than March 1 of the calendar year following each year of operation. The report must include the following information:

(1) facility name, address, EPA identification number, contact person, phone number and location;

(2) a listing of each storage tank and its capacity;

(3) a monthly summary of all incoming and outgoing loads since the last report, which must include:

(i) a list of the names, addresses, and EPA identification numbers of the originating facilities from which used oil was accepted (if used oil is received from numerous facilities under one load, the transporter's name, Part 364 permit number, and EPA identification number can be used);

(ii) a list of the names, addresses and EPA identification numbers of the off-site receiving facilities to which oil was shipped; and

(iii) a summary by type (on-specification or off-specification) of the quantity of used oil accepted from or shipped to the facilities listed under subparagraphs (i) and (ii) of this paragraph.

(4) if, since the last report, any chemical analysis was performed on the used oil received by the facility for the purpose of checking on-site screening for total halogens, a tabulation of the data from any such analysis and the associated total halogen screening data;

(5) a description of any spills or emergencies that occurred at the facility since the last report and corrective actions taken in response to such spills or emergencies;

(6) a list of any unacceptable used oil that was rejected or received by the facility since the last report and how it was handled. Management of unacceptable used oil must be in accordance with the permittee's used oil quality control plan for management of materials suspected or determined to be hazardous waste, as required by paragraph 374-2.6(f)(3) of this Title. This list must include the date the shipment was rejected or received, the quantity of material rejected, the Part 364 permit number of the transporter of the rejected load, and the EPA identification number of the transporter of the rejected load; and

(7) a description of any past changes since the last report or anticipated future changes to the facility.

§360-14.4 Used Oil Processors/Re-refiners.

(a) Applicability. This section applies to all used oil processors/re-refiners. A used oil processor/re-refiner must obtain a Part 360 permit for the construction and operation of the facility, and must also meet the requirements of section 374-2.6 of this Title.

(b) Transition. A used oil processor/re-refiner which currently possesses a Part 360 permit must meet the requirements of this Subpart in accordance with the applicable provisions of paragraph 360-1.7(a)(3) of this Part.

(c) Permit application requirements. An owner or operator of a used oil processing/re-refining facility must provide the following information to the department in applying for a permit to construct and operate:

(1) Notification. A permit application to construct and operate a used oil processing/re-refining facility must include a copy of the facility's EPA notification and identification number, obtained in accordance with subdivision 374-2.6(b) of this Title;

(2) Engineering report. An application to construct and operate a used oil processing/re-refining facility must include an engineering report which, in addition to the requirements of subdivision 360-1.9(e) of this Part, includes the following information:

(i) a general description of the overall process and a functional description of all equipment to be used in operating the facility including, but not limited to, design criteria and a process flow diagram;

(ii) a description and map of the geographic service area from which the used oils will be received;

(iii) information which indicates the facility is designed, maintained, and operated to minimize hazards to human health and the environment, resulting from fires, explosions, or releases into the air, onto the soil, or into ground water or surface water.

(iv) a detailed description of the types of used oils to be accepted by the facility and the origin of the used oils;

(v) proof of used oil storage tank licensing or registration with the department, or proof of certification by an individual licensed to practice engineering in the State of New York, that the tanks at the facility meet the requirements of paragraph 374-2.6(e)(2) of this Title; and

(vi) a description of how the owner or operator will maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area or operation in an emergency, unless aisle space is not needed for these purposes.

(3) Quality control plan. An application to construct and operate a used oil processing/re-refining facility must contain a quality control plan which meets the requirements of subdivision 374-2.6(f) of this Title:

(i) If the used oil processing/re-refining facility handles any waste oil which is not defined as a used oil under subdivision 360-14.2(a) of this Subpart, or disposes of any used oil rather than recycling or reusing it, the used oil quality control plan must contain additional procedures to assure that the facility does not accept any characteristic hazardous waste; and

(ii) The used oil quality control plan must include a description of the training program for facility personnel to aid them in recognizing a listed hazardous waste.

(4) Contingency plan. An application to construct and operate a used oil processing/re-refining facility must contain a contingency plan in accordance with the requirements of subdivision 360-1.9(h) of this Part and paragraph 374-2.6(c)(2) of this Title.

(5) Closure plan. An application to construct and operate a used oil processing/re-refining facility must contain a closure plan which describes how the facility will implement closure procedures in accordance with subdivision 360-1.14(w) of this Part and paragraph 374-2.6(e)(7) of this Title.

(6) Draft operations and maintenance manual. An application to construct and operate a used oil processing/re-refining facility must include a draft operations and maintenance manual, which contains all the applicable plans required by this Part.

(7) Tracking requirements. An application to construct and operate a used oil processing/re-refining facility must include a description of the used oil tracking system to be used at the facility, in accordance with the requirements of subdivision 374-2.6(g) of this Title.