Conn. Agencies Regs. § 22a-449(c)-119
- in the introductory sentence delete "260.10"
- in the definition of "Existing tank" delete "the authorized used oil program for the state in which the tank is located" and replace with "this section"
- in the definition of "New tank" delete "the authorized used oil program for the state in which the tank is located" and replace with "this section"
- after the definition of "New tank" add two new definitions as follows:
"Off-Specification" or "Off-Specification Used Oil" means used oil that has not been tested, has not been tested in accordance with the required test methods or for all of the required parameters, has been designated as off-specification, or, based upon analysis performed in accordance with the required test methods, exceeds any one or more of the allowable levels of the constituents or properties listed in Table 1 of 40 CFR 279.11. References to "used oil not meeting the specification requirements of 279.11", or similar references, shall be deemed to mean off-specification used oil as defined in this definition."
"On-Specification" or "On-Specification Used Oil" means used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, that, based upon analysis performed in accordance with the required test methods and for all of the required parameters, exceeds none of the allowable levels for the constituents and properties listed in Table 1 of 40 CFR 279.11. References to "used oil that meets the used oil fuel specification of 279.11", or similar references, shall be deemed to mean on-specification used oil as defined in this definition."
- delete the definition of "Used Oil" and replace with the following: "Used oil" means any oil refined from crude oil or synthetic oil, that:
- after the definition of "Used Oil Aggregation Point" add a new definition as follows: "Used Oil Burned For Energy Recovery" or "Used Oil Fuel" means used oil with heating value of more than 5,000 Btu/lb.
- in the definition of "Used Oil Burner" after "means" add "a person who owns or operates"
- in the definition of "Used oil collection center" delete "that is registered/licensed/permitted/recognized by a state/county/municipal government" and replace with "for which the owner or operator has a valid and effective permit issued by the commissioner authorizing such owner or operator"
- in the definition of "Used oil transfer facility" delete both references to "35" and replace them with "10"
- delete "Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter)." and replace with "To rebut the presumption that the used oil has been mixed with the hazardous waste designated in 40 CFR 261.31(a) as F001 or F002, a person shall demonstrate by analysis or other means that none of the following halogenated hazardous waste constituents are present in the used oil at greater than 100 parts per million: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane. To rebut the presumption that the used oil has been mixed with any other hazardous waste listed in 40 CFR 261, Subpart D, (i.e., hazardous wastes other than F001 and F002) a person shall demonstrate by analysis or other means that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 CFR 261). Unless and until such person has rebutted the presumption, a used oil containing more than 1,000 parts per million total halogens shall be considered a hazardous waste and shall be managed as such."
- delete "Characteristic hazardous waste. Mixtures of used oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristic identified in subpart C of part 261 of this chapter and mixtures of used oil and hazardous waste that is listed in subpart D solely because it exhibits one or more of the characteristics of hazardous waste identified in subpart C are subject to:" and replace with the following: "Characteristic hazardous waste. This paragraph applies to any mixture of used oil and:
- after "chapter" add "provided, no person shall mix a used oil and a hazardous waste that exhibits one or more of the characteristics of a hazardous waste identified in 40 CFR 261, Subpart C for any purpose other than facilitating the recycling of such hazardous waste in a manner provided for in 40 CFR 279."
- delete paragraph 279.10(c)(1)(ii) and replace with the following: "(ii) Are subject to all applicable provisions of the Connecticut General Statutes and regulations promulgated thereunder, including but not limited to, section 22a-449(c) -100 to 110, inclusive, of the Regulations of Connecticut State Agencies and if the materials are not hazardous wastes, section 22a-209-1 to 18, inclusive, of the Regulations of Connecticut State Agencies."
- delete "who market" and replace with "who market or burn"
- after "unless it is shown" add "through analytical testing"
- after "Table 1." add "A person determining whether used oil exceeds any allowable level of constituents and properties listed in Table 1 shall do so using:
Arsenic - EPA Methods 7060A, 7061A, 7062, 6010B or 6020
Cadmium - EPA Methods 7130, 7131A, 6010B, or 6020
Chromium - EPA Methods 7190, 7191, 6010B, or 6020
Lead - EPA Methods 7420, 7421, 6010B, or 6020
Flash Point - EPA Methods 1010 or 1020A
Total Halogens - EPA Methods 9075, 9076, 9077, 5050 coupled with either 9056 or 9253, or American Society for Testing and Materials ("ASTM") Method D808-95.
For purposes of this subparagraph, all references to EPA Methods shall mean the test method as described in EPA Publication SW-846, "Test Methods for Evaluating Solid Waste-Physical/Chemical Methods, Edition III."
- delete ", except when such activity takes place in one of the states listed in 279.82(c)"
- delete "the burner" and replace with "the heater"
- add a new paragraph (d) as follows: "(d) No person shall burn used oil in a boiler, heater or similar device used to heat, in whole or in part, a residential building or structure associated with any such building (e.g., an outbuilding or garage). In addition, no person shall sell, offer for sale or make available, used oil for burning in a boiler, heater or similar device used to heat, in whole or in part, a residential building or structure associated with a residential building (e.g., an outbuilding or garage)."
- delete "are subject to" and replace with "are also subject to"
- after "refrigeration units." add the following sentence: "Unless and until such person has rebutted the presumption, a used oil containing more than 1,000 parts per million total halogens shall be considered a hazardous waste and shall be managed as such."
- delete "(40 CFR part 280) standards" and replace with "requirements set forth in sections 22a-449(d) -1 and 22a-449(d) -101 to 113, inclusive, of the Regulations of Connecticut State Agencies"
- delete "part 280, subpart F of this chapter and which has occurred after the effective date of the recycled used oil management program in effect in the State in which the release is located" and replace with "section 22a-449(d) -1(j) or section 22a-449(d)-106 of the Regulations of Connecticut State Agencies"
- after "other materials" add ", including remediation of any part of the environment affected by the release"
- at the end of paragraph (b) delete "and"
- at the end of paragraph (c) delete the period and replace with "; and"
- after paragraph (c), add a new paragraph (d) as follows: "(d) The used oil has a heating value of more than 5,000 Btu/lb."
- delete "is registered, licensed, permitted, recognized by a state/county/municipal government" and replace with "has a valid and effective permit issued by the commissioner authorizing the owner or operator of the used oil collection center"
- delete "Be registered, licensed, permitted, recognized by a state/county/municipal government" and replace with "Have a valid and effective permit issued by the commissioner authorizing such owner or operator "
- on each appearance of the word, replace "trucks" with "transport vehicles, as defined in 49 CFR 171.8,"
- delete "subject to" and replace with "subject to the requirements of"
- insert the following before the first full sentence: "Except as is provided for in 40 CFR 279.40(a)(1) to (a)(4), inclusive, a used oil transporter shall not transport used oil without having first obtained an EPA identification number."
- delete "an official (State or local government or a Federal Agency)" and replace with "the commissioner or an official of a federal agency"
- delete "EPA identification numbers" and add "either an EPA identification number, a DEP transporter permit or both"
- at the end of the paragraph add "Except as provided for in this paragraph, the used oil must be managed and disposed of in accordance with the state hazardous waste management regulations."
- after the telephone number for the National Response Center add "and give notice to the commissioner, using the 24-hour Emergency Spill Response telephone number at (860) 424-3338 or, if that number is unavailable, at (860) 424-3333. In addition to this oral notification, the transporter shall comply with all applicable reporting and notification requirements regarding the release, including but not limited to, reporting in accordance with section 22a-450 of the Connecticut General Statutes."
- delete "discharged" and replace with "discharge"
- after "local officials" add "(to the extent that actions required or approved by local officials are consistent with those required or approved by federal or state officials)"
- in the phrase "used oil being transporter" change "transporter" to "transported"
- delete "above or below" and replace with "less than, greater than or equal to"
- delete the entire paragraph and replace with the following: "(b)(1) Testing a representative sample of the used oil using any one of the following test methods: (i) EPA Method 9075, 9076 or 9077; (ii) EPA Method 5050, coupled with either EPA Method 9056 or 9253; (iii) American Society for Testing and Materials ("ASTM") Method D808-95; or (iv) an alternative method(s) which before use has been approved by the commissioner in writing. For purposes of this subparagraph, all references to EPA Methods shall mean the test method as described in EPA Publication SW-846, "Test Methods for Evaluating Solid Waste-Physical/Chemical Methods, Edition III; or"
- after "processes used" add ", provided that the transporter retains documentation demonstrating whether each used oil accepted by such transporter contains greater than, less than or equal to 1,000 parts per million total halogens"
- delete "greater than or equal to" and replace with "more than"
- delete "The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter)." and replace with "To rebut the presumption that the used oil has been mixed with the hazardous waste designated in 40 CFR 261.31(a) as F001 or F002, a transporter shall demonstrate by analysis or other means that none of the following halogenated hazardous waste constituents are present in the used oil at greater than 100 parts per million: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane. To rebut the presumption that the used oil has been mixed with any other hazardous waste listed in 40 CFR 261, Subpart D, (i.e., hazardous wastes other than F001 and F002) a transporter shall demonstrate by analysis or other means that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 CFR 261). Unless and until such transporter has rebutted the presumption, a used oil containing more than 1,000 parts per million total halogens shall be considered a hazardous waste and shall be managed as such."
- delete "(40 CFR part 280) standards" and replace with "requirements set forth in sections 22a-449(d) -1 and 22a-449(d) -101 to 113, inclusive, of the Regulations of Connecticut State Agencies"
- delete both references to "35" and replace with "10"
- delete "subpart F of this chapter" and replace with " 40 CFR 279, subpart F"
- delete "part 280, subpart F of this chapter and which has occurred after the effective date of the recycled used oil management program in effect in the State in which the release is located" and replace with "section 22a-449(d) -1(j) or section 22a-449(d)-106 of the Regulations of Connecticut State Agencies"
- after "other materials" add ", including remediation of any part of the environment affected by the release"
- insert the following before the first full sentence: "Except as is provided for in 40 CFR 279.50(a)(1) and (a)(2), the owner or operator of a facility that processes used oil shall not process used oil without having first obtained an EPA identification number."
- delete "Owners and operators of used oil processors and re-refiners facilities" and replace with "Owners or operators of facilities processing or re-refining used oil"
- at the end of the paragraph add "Such systems and equipment shall be tested and maintained as necessary to assure its proper operation in time of an emergency at least once every calendar month and after each use."
- delete "Owners and operators of used oil processors and re-refiners facilities" and replace with "Owners or operators of facilities processing or re-refining used oil"
- replace "or release or" with "or release of"
- delete "analysts" and replace with "analysis"
- after the telephone number for the National Response Center add "and give notice to the commissioner, using the 24-hour Emergency Spill Response telephone number at (860) 424-3338 or, if that number is unavailable, at (860) 424-3333. In addition to this oral notification, the transporter shall comply with all applicable reporting and notification requirements regarding the release, including, but not limited to, reporting in accordance with section 22a-450 of the Connecticut General Statutes."
- delete "operation" and replace with "operations"
- delete "above or below" and replace with "less than, greater than or equal to"
- delete the entire paragraph and replace with the following: "(b)(1) Testing a representative sample of the used oil using any one of the following test methods: (i) EPA Method 9075, 9076 or 9077; (ii) EPA Method 5050, coupled with either EPA Method 9056 or 9253; (iii) American Society for Testing and Materials ("ASTM") Method D808-95; or (iv) an alternative method(s) which before use has been approved by the commissioner in writing. For purposes of this subparagraph, all references to EPA Methods shall mean the test method as described in EPA Publication SW-846, "Test Methods for Evaluating Solid Waste-Physical/Chemical Methods, Edition III; or"
- at the end of the sentence add ", provided that the owner or operator retains documentation demonstrating whether each shipment of used oil accepted by such owner or operator and each used oil generated by such owner or operator contains greater than, less than or equal to 1,000 parts per million total halogens"
- delete "greater than or equal to" and replace with "more than"
- delete "The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter)." and replace with "To rebut the presumption that the used oil has been mixed with the hazardous waste designated in 40 CFR 261.31(a) as F001 or F002, the owner or operator shall demonstrate by analysis or other means that none of the following halogenated hazardous waste constituents are present in the used oil at greater than 100 parts per million: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane. To rebut the presumption that the used oil has been mixed with any other hazardous waste listed in 40 CFR 261, Subpart D, (i.e., hazardous wastes other than F001 and F002) the owner or operator shall demonstrate by analysis or other means that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 CFR 261). Unless and until such owner or operator has rebutted the presumption, a used oil containing more than 1,000 parts per million total halogens shall be considered a hazardous waste and shall be managed as such."
- add a new paragraph (d) as follows: "Record Retention. Records of analysis conducted or information used to comply with paragraphs (a), (b) and (c) of this section shall be maintained by the owner or operator for at least three years from the date such records are created."
- delete "(40 CFR part 280) standards" and replace with "requirements set forth in sections 22a-449(d) -1 and 22a-449(d) -101 to 113, inclusive, of the Regulations of Connecticut State Agencies)"
- delete "part 280, subpart F of this chapter and which has occurred after the effective date of the recycled used oil management program in effect in the State in which the release is located" and replace with "section 22a-449(d) -1(j) or section 22a-449(d) -106 of the Regulations of Connecticut State Agencies"
- after "other materials" add ", including remediation of any part of the environment affected by the release"
- after "containment system components," add "contaminated surface waters, contaminated groundwaters,"
- after the term "containment system components" add "contaminated surface waters, contaminated groundwaters,"
- delete "Owners or operators of used oil processing and re-refining facilities" and replace with "Owners or operators of facilities processing or re-refining used oil"
- delete paragraphs (b)(1), (2) and (3), and replace with the following:
A representative sample may be obtained using either:
- delete "closure of the facility" and replace with "the owner or operator has completed closure of all units used for management of used oil at the facility in accordance with the closure requirements of 40 CFR 279.54 and subsection (d) of this section."
- in 40 CFR 279.57(a)(2)(i), delete "and" after "279.55;"
- in 40 CFR 279.57(a)(2)(ii), delete "an specified in § 279.52(b)." and replace with "as specified in 40 CFR 279.52(b); and"
- add paragraph (a)(2)(iii) as follows: "(iii) Any other information required to be in the operating record (e.g., 40 CFR 279.52(a)(6)(D)(ii) )."
- after "Regional Administrator" add "on such forms as may be prescribed by the commissioner, or in the absence of such forms"
- in 279.57(b)(2) delete "and"
- in 279.57(b)(3) delete the period and replace with "; and"
- add paragraph (b)(4) as follows: "(4) Any other information which the commissioner specifies shall be in such letter/report. The commissioner shall specify such information in writing before such letter/report must be submitted."
- delete "re-fining" and replace with "re-refining"
- after "A used oil burner is" add "a person who owns or operates"
- delete "the burner" and replace with "the heater"
- add a new paragraph (c) as follows: "(c) No person shall burn used oil in a boiler, heater or similar device used to heat, in whole or in part, a residential building or structure associated with any such building (e.g., an outbuilding or garage). In addition, no person shall sell, offer for sale or make available, used oil for burning in a boiler, heater or similar device used to heat, in whole or in part, a residential building or structure associated with a residential building (e.g., an outbuilding or garage)."
- delete "above or below" and replace with "less than, greater than or equal to"
- delete "above or below" and replace with "less than, greater than or equal to"
- delete the entire paragraph and replace with the following: "(b)(1) Testing a representative sample of the used oil using any one of the following test methods: (i) EPA Method 9075, 9076 or 9077; (ii) EPA Method 5050, coupled with either EPA Method 9056 or 9253; (iii) American Society for Testing and Materials ("ASTM") Method D808-95; or (iv) an alternative method(s) which, before use, has been approved by the commissioner in writing. For purposes of the subparagraph, all references to EPA Methods shall mean the test method as described in EPA Publication SW-846, "Test Methods for Evaluating Solid Waste-Physical/Chemical Methods, Edition III;"
- after "processes used" add ", provided that the used oil burner retains documentation demonstrating whether each used oil accepted by such burner and each used oil generated by such burner contains less than, greater than or equal to 1,000 parts per million total halogens"
- delete "greater than or equal to" and replace with "more than"
- delete "The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter)." and replace with "To rebut the presumption that the used oil has been mixed with the hazardous waste designated in 40 CFR 261.31(a) as F001 or F002, the owner or operator shall demonstrate by analysis or other means that none of the following halogenated hazardous waste constituents are present in the used oil at greater than 100 parts per million: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane. To rebut the presumption that the used oil has been mixed with any other hazardous waste listed in 40 CFR 261, Subpart D, (i.e., hazardous wastes other than F001 and F002) the owner or operator shall demonstrate by analysis or other means that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 CFR 261). Unless and until such owner or operator has rebutted the presumption, a used oil containing more than 1,000 parts per million total halogens shall be considered a hazardous waste and shall be managed as such."
- delete "are destined for reclamation" and replace with "have first been reclaimed"
- delete "(40 CFR part 280) standards" and replace with "requirements set forth in sections 22a-449(d) -1 and 22a-449(d) -101 to 113, inclusive, of the Regulations of Connecticut State Agencies"
- delete "Secondary containment for existing aboveground tanks." and replace with "Secondary containment for new aboveground tanks."
- delete "part 280, subpart F of this chapter and which has occurred after the effective date of the recycled used oil management program in effect in the State in which the release is located" and replace with "section 22a-449(d)-1(j) or section 22a-449(d)-106 of the Regulations of Connecticut State Agencies"
- after "other materials" add ", including remediation of any part of the environment affected by the release"
- replace "The certification" with "A copy of the certification"
- after "maintained" add "by such burner"
- delete "Any person who conducts either of the following activities is subject to the requirements of this subpart:" and replace with "Except as provided in paragraph (b) of this section, any person who conducts either of the following activities is a marketer and is subject to the requirements of this subpart:"
- delete the first sentence and replace with the following: "Used oil generators, and transporters who transport used oil received only from generators, unless the generator or transporter:
- at the beginning of this section add a new paragraph as follows: "A marketer shall not sell, offer for sale or make available, used oil for burning in a boiler, heater or similar device used to heat, in whole or in part, a residential building or structure associated with a residential building (e.g., an outbuilding or garage)."
- delete all that follows after "§ 279.11" and replace with the following: ". Any such person shall make this determination by performing analyses or obtaining copies of analyses of such used oil."
- delete "(or other information used to make the determination)"
- delete "or other information"
- after "maintained" add "by the recipient"
- delete paragraphs (a) and (b) and replace with the following: "(a) Used oil that is not or cannot be recycled as provided for in this part remains subject to all applicable provisions of the Connecticut General Statutes and regulations promulgated thereunder, including but not limited to section 22a-454 of the Connecticut General Statues and sections 22a-449(c) -100 to 110, inclusive, of the Regulations of Connecticut State Agencies and if the used oil is not a hazardous waste, section 22a-209-1 to 16, inclusive, of the Regulations of Connecticut State Agencies. In addition, no person shall:
- delete ", except when such activity takes place in one of the states listed in paragraph (c) of this section"
Except as provided for in 40 CFR 279.20(a)(1) to (4), inclusive, the following provisions apply to generators of used oil:
Used oil transporters shall comply with 40 CFR 279.45(d) while transferring used oil from one transport vehicle to another. For purposes of this subsection, each transport vehicle and all associated piping shall be considered a container. Transporters transferring used oil from one transport vehicle to another may also require a permit under section 22a-454(c) of the Connecticut General Statutes.
Any person subject to section 22a-449(c) -119 of the Regulations of Connecticut State Agencies shall also comply with all applicable provisions of the Connecticut General Statutes, regulations of Connecticut State Agencies, and the terms and conditions of any order or permit, including a general permit, issued by the commissioner regarding used oil. This includes, but is not limited to, the requirement to obtain a permit under section 22a-454 of the Connecticut General Statutes. Compliance with the requirements of section 22a-449(c) -119 of the Regulations of Connecticut State Agencies shall not be deemed to be compliance with and shall not satisfy any other requirement imposed by the Connecticut General Statutes, regulations of Connecticut State Agencies, or an order or permit issued by the commissioner, including a general permit, regarding used oil. Through issuance of a permit or order, the commissioner may impose requirements in addition to those specified in section 22a-449(c) -119 of the Regulations of Connecticut State Agencies.
Conn. Agencies Regs. § 22a-449(c)-119