La. Admin. Code tit. 33 § V-4001

Current through Register Vol. 50, No. 11, November 20, 2024
Section V-4001 - Definitions
A. Terms that are defined in LAC 33:V.109 have the same meanings when used in this Chapter.

Aboveground Tank- a tank used to store or process used oil that is not an underground tank as defined in LAC 33:V.109.

Container- any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Do-It-Yourselfer (DIY) Used Oil Collection Center- any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers.

Existing Tank- a tank that is used for the storage or processing of used oil and that is in operation or for which installation commenced on or prior to the effective date of the authorized used oil program. Installation will be considered to have commenced if the owner or operator has obtained all approvals or permits necessary to begin installation of the tank and if either a continuous on-site installation program has begun or 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.

Household Do-It-Yourselfer Used Oil- oil that is derived from households, such as used oil generated by individuals through the maintenance of their personal vehicles.

Household Do-It-Yourselfer Used Oil Generator- an individual who generates household do-it-yourselfer used oil.

New Tank- a tank that will be used to store or process used oil and for which installation commenced after the effective date of the authorized used oil program.

Petroleum Refining Facility-an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking, or other processes (i.e., facilities classified as SIC 2911).

Processing- 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.

Re-Refining Distillation Bottoms- the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

Tank- any stationary device designed to contain an accumulation of used oil which is constructed primarily of nonearthen materials, (e.g., wood, concrete, steel, plastic) which provides structural support.

Used Oil- 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.

Used Oil Aggregation Point- any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.

Used Oil Burner- a facility where used oil not meeting the specification requirements in LAC 33:V.4005 is burned for energy recovery in devices identified in LAC 33:V.4063.

Used Oil Collection Center- any site or facility that is registered, licensed, permitted, and/or recognized to manage used oil and accepts/aggregates and stores used oil collected from used oil generators regulated under LAC 33:V.Chapter 40.Subchapter B which bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of LAC 33:V.4017. Used oil collection centers may also accept used oil from household do-it-yourselfers.

Used Oil Fuel Marketer- any person who conducts either of the following activities:

a. directs a shipment of off-specification used oil from their facility to a used oil burner; or

b. first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in LAC 33:V.4005.

Used Oil Generator- any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used Oil Processor/Re-Refiner- a facility that processes used oil.

Used Oil Transfer Facility- 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 in accordance with LAC 33:V.4009.B.2. Transfer facilities that store used oil for more than 35 days are subject to regulation under Subchapter E of this Chapter.

Used Oil Transporter- 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.

La. Admin. Code tit. 33, § V-4001

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:266 (March 1995), amended LR 22:836 (September 1996), amended by the Office of the Secretary, Legal Affairs Division, LR 34:631 (April 2008).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.