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Hazardous Waste Rulemaking - Used Oil Management Regulations

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DEC is seeking comments on several possible revisions to the used oil management regulations, currently found in 6 NYCRR Subparts 374-2 and 360-14.

  1. PBS registration would no longer be required of small used oil tanks (tanks 1,100 gallons or less capacity, or of used oil handlers with sites where combined petroleum tank capacity, including used oil tanks, is 1,100 gallons or less). About 2,000 small tanks (or entities) would no longer require registration. When the Subpart 360-14 regulations first referred to PBS compliance in the mid-1990's, there was no lower applicability threshold capacity for used oil tanks, although there was public outreach around that issue. It was decided to subject all used oil tanks, regardless of all sizes to PBS regulatory standards.
  2. Used oil collection centers. Used oil collection centers are currently subject to transfer facility regulation and Part 360 permitting. As part of the transfer of Subpart 360-14, the proposal is to more closely follow EPA, and subject these entities to used oil generator standards and Part 360 registration. There are many benefits to this approach, especially for used oil generators located in rural areas of the state. It could increase the aggregation of used oil by small entities. However, there may be additional impacts on affected the communities due to increased traffic and concerns about used oil burning. Used oil collection centers, and the generators from which they receive used oil, would continue to comply with the used oil marketing requirements of 6 NYCRR Section 374-2.87 if the collection centers burn the used oil in used oil fired space heaters.
  3. Replace current vehicle-to-vehicle exemption in 6 NYCRR 360-14.1(b)(7) and 10-day exemption in 360-14.1(b)(8) with Part 360 registration. This revision would increase stringency in some ways, but may increase tracking and potentially reduce the incidence of spills and releases. If these entities were required to register with the Department, DEC would have information on the locations where these activities were taking place, and would thus be able to verify that the conditions of the exemptions were met. The conditions of the current exemptions would be maintained. Entities operating under Part 360 registration might also be required to submit an annual report to the Department, as prescribed in current subdivision 360-14.3(d).
  4. Change time required to retain records from 7 years to 3 years. DEC is seeking comment on whether the time period for record retention should be changed to more closely conform with the state's Part 370-374 and 376 hazardous waste management regulations and EPA's Part 279 used oil management regulations. Not all instances can be affected since the 7 year retention time is needed for conformance with the Part 360 permitting requirements.
  5. As part of revisions to 6 NYCRR Part 360, the used oil permitting requirements currently found in Subpart 360-14 would be moved to Subpart 374-2. In order to make above changes and transfer Subpart 360-14 permitting provisions to Subpart 374-2, cross-references and other conforming changes will be made.