N.J. Admin. Code § 7:26A-6.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26A-6.1 - Applicability

(a) This section identifies those materials which are subject to regulation as used oil under this subchapter. This section also identifies some materials that are not subject to regulation as used oil under this subchapter, and indicates whether these materials may be subject to regulation as hazardous waste under 40 C.F.R. Parts 260 through 266, 268, 270, and 124, as incorporated by reference at N.J.A.C. 7:26G.

1. The Department presumes that used oil is to be recycled unless a used oil handler disposes of used oil, or sends used oil for disposal. Except as provided in 7:26A-6.2, the rules of this subchapter apply to used oil, and to materials identified in this section as being subject to regulation as used oil, whether or not the used oil or material exhibits any characteristics of hazardous waste identified in 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5.

2. The following requirements apply to mixtures of used oil and hazardous waste:

i. The following requirements apply to mixtures of used oil and listed hazardous waste:

(1) Mixtures of used oil and hazardous waste that are listed in 40 C.F.R. Part 261, subpart D, as incorporated by reference at N.J.A.C. 7:26G-5 are subject to regulation as hazardous waste under 40 C.F.R. Parts 260 through 266, 268, 270, and 124, as incorporated by reference at N.J.A.C. 7:26G, rather than as used oil under this subchapter;

(2) Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 C.F.R. Part 261, subpart D, as incorporated by reference at N.J.A.C. 7:26G-5. 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 40 C.F.R. Part 261 as incorporated by reference at N.J.A.C. 7:26G-5);

(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 7:26A-6.4(f)3, 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; and

(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.

ii. Mixtures of used oil and hazardous waste that solely exhibit one or more of the hazardous waste characteristic identified in 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5 and mixtures of used oil and hazardous waste that is listed in 40 C.F.R. Part 261, subpart D, as incorporated by reference at N.J.A.C. 7:26G-5 solely because it exhibits one or more of the characteristics of hazardous waste identified in 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5 are subject to the following:

(1) Except as provided in (a)2ii(3) below, the mixture is subject to regulation as hazardous waste under 40 C.F.R. Part 260 through 266, 268, 270, and 124, as incorporated by reference at N.J.A.C. 7:26G rather than as used oil under this subchapter, if the resultant mixture exhibits any characteristics of hazardous waste identified in 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5;

(2) Except as specified in (a)2ii(3) below, the mixture is subject to regulation as used oil under this subchapter, if the resultant mixture does not exhibit any characteristics of hazardous waste identified under 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5; or

(3) The mixture is subject to regulation as used oil under this subchapter, if the mixture is of used oil and a waste which is hazardous solely because it exhibits the characteristic of ignitability and is not listed in N.J.A.C. 7:26G (for example, mineral spirits), provided that the mixture does not exhibit the characteristic of ignitability under 40 C.F.R. 261.21, as incorporated by reference at N.J.A.C. 7:26G-5; and

iii. Mixtures of used oil and conditionally exempt small quantity generator hazardous waste regulated under 40 C.F.R. 261.5, as incorporated by reference at N.J.A.C. 7:26G-5 are subject to regulation as used oil under this subchapter.

3. The following requirements apply to materials containing or otherwise contaminated with used oil:

i. Except as provided in (a)3ii below, materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs of free-flowing oil remain in or on the material:

(1) Are not used oil and thus not subject to this subchapter; and

(2) If applicable are subject to the hazardous waste regulations of 40 C.F.R. Parts 260 through 266, 268, and 270, as incorporated by reference at N.J.A.C. 7:26G;

ii. Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under this subchapter; and

iii. Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under this subchapter.

4. The following requirements apply to mixtures of used oil with products:

i. Except as provided in (a)4ii below, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under this subchapter; and

ii. Mixtures of used diesel engine crankcase oil and diesel fuel mixed on-site by the generator of the used diesel engine crankcase oil for use in the generator's own vehicles are not subject to this subchapter once the used diesel engine crankcase oil and diesel fuel have been mixed and provided that the blending is less than or equal to a maximum rate of five percent (that is, a 19 to 1 virgin fuel to used diesel engine crankcase oil dilution). Prior to mixing, the used diesel engine crankcase oil is subject to the requirements of N.J.A.C. 7:26A-6.4.

5. The following requirements apply to materials derived from used oil:

i. Materials that are reclaimed from used oil that are beneficially used or reused and are not burned for energy recovery or used in a manner constituting disposal (for example, re-refined lubricants) are:

(1) Not used oil and thus are not subject to this subchapter; and

(2) Not solid wastes and are thus not subject to the hazardous waste regulations of 40 C.F.R. Parts 260 through 266, 268, 270 and 124, as incorporated by reference at N.J.A.C. 7:26G;

ii. Materials produced from used oil that are burned for energy recovery (for example, used oil fuels) are subject to regulation as used oil under this subchapter;

iii. Except as provided in (a)5iv below, materials derived from used oil that are disposed of or used in a manner constituting disposal are:

(1) Not used oil and thus are not subject to this subchapter; and

(2) Are solid wastes and thus are subject to the hazardous waste regulations of 40 C.F.R. Parts 260 through 266, 268, 270, and 124, as incorporated by reference at N.J.A.C. 7:26G if the materials are listed or identified as hazardous wastes; and

iv. Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this subchapter.

6. Wastewater, the discharge of which is subject to regulation under either section 402 or section 307(b) of the Clean Water Act (including wastewaters at facilities which have eliminated the discharge of wastewater), contaminated with de minimis quantities of used oil are not subject to the requirements of this subchapter. For purposes of this paragraph, "de minimis" quantities of used oils are defined as small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception shall not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases, or to used oil recovered from wastewaters.

7. Used oil that is placed directly into a crude oil or natural gas pipeline is subject to the management standards of this subchapter only prior to the point of introduction to the pipeline. Once the used oil is introduced to the pipeline, the material is exempt from the requirements of this subchapter.

8. Used oil produced on vessels from normal shipboard operations is not subject to this subchapter until it is transported ashore.

9. In addition to the requirements of this subchapter, marketers and burners of used oil who market used oil containing any quantifiable level of PCBs are subject to the requirements found at 40 C.F.R. 761.20(e).

N.J. Admin. Code § 7:26A-6.1