N.J. Admin. Code § 7:26A-6.4

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

Section 7:26A-6.4 - Standards for used oil generators, DIY generators and motor oil retailers

(a) Except as provided in (a)1 through 4 below, this section applies to all used oil generators. A used oil generator is any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

1. Except as provided in (f) below, household do-it-yourselfer used oil generators are not subject to regulation under this subchapter.

2. Vessels at sea or at port are not subject to this section. For purposes of this section, used oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the person(s) removing or accepting used oil from the vessel are co-generators of the used oil and are both responsible for managing the waste in compliance with this section once the used oil is transported ashore. The co-generators may decide among them which party will fulfill the requirements of this section.

3. Mixtures of used diesel engine crankcase oil and diesel fuel mixed 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 fuel is subject to the requirements of this section.

4. Farmers who generate an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements of this subchapter.

(b) Used oil generators who conduct the following activities are subject to the requirements of other applicable provisions of this subchapter as indicated in (b)1 through 5 below:

1. Generators who transport used oil, except under the self-transport provisions of (f)1 or 2 below, shall also comply with 7:26A-6.6.

2. Generators who process or re-refine used oil shall also comply with 7:26A-6.7.

3. Generators who burn off-specification used oil for energy recovery shall also comply with 7:26A-6.8.

4. Generators who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 7:26A-6.2 shall also comply with 7:26A-6.9.

5. Generators who dispose of used oil shall also comply with 7:26A-6.10.

(c) Generators of used oil who mix hazardous waste with used oil are subject to the following:

1. Mixtures of used oil and hazardous waste shall be managed in accordance with 7:26A-6.1(a)2; and

2. The rebuttable presumption for used oil of 7:26A-6.1(a) 2i(2) applies to used oil managed by generators. Under the rebuttable presumption for used oil, used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste and thus shall be managed as hazardous waste and not as used oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils/fluids and certain used oils removed from refrigeration units.

(d) Used oil generators that store used oil are subject to the following:

1. Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures regulations ( 40 C.F.R. Part 112), N.J.A.C. 7:1E, regulations promulgated pursuant to the Federal Clean Air Act, and N.J.A.C. 7:27, in addition to the requirements of this section. Used oil generators are also subject to the Underground Storage Tank requirements of N.J.A.C. 7:14B and 40 C.F.R. Part 280 for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this section;

2. Used oil generators shall not store used oil in units other than tanks, containers, or units subject to regulation under 40 C.F.R. Part 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9;

3. Containers and aboveground tanks used to store used oil at generator facilities shall be:

i. In good condition (no severe rusting, apparent structural defects or deterioration); and

ii. Not leaking (no visible leaks);

4. Used oil generators shall label containers, tanks and pipes in accordance with the following:

i. Containers and aboveground tanks used to store used oil at generator facilities shall be labeled or marked clearly with the words "Used Oil"; and

ii. Fill pipes used to transfer used oil into underground storage tanks at generator facilities shall be labeled or marked clearly with the words "Used Oil";

5. Upon detection of a release of used oil to the environment not subject to the requirements of 40 C.F.R. Part 280, Subpart F, or N.J.A.C. 7:14B, a generator shall perform the following cleanup steps:

i. Stop the release;

ii. Contain the released used oil;

iii. Clean up and manage properly the released used oil and other materials; and

iv. If necessary to prevent future releases, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

(e) Generators may burn on-specification used oil in used oil-fired space heaters provided that:

1. The heater burns only used oil that the owner or operator generates or used oil received from household do-it-yourself used oil generators;

2. The heater is designed to have a maximum capacity of not more than 0.5 million BTU per hour;

3. The combustion gases from the heater are vented to the ambient air; and

4. The generator obtains a "Permit to Construct, Install or Alter Control Apparatus or Equipment and Certificate to Operate Control Apparatus or Equipment" or other required authorization in accordance with N.J.A.C. 7:27-8, 20, or 22 prior to operating the space heater.

(f) Except as provided in (f)1 through 3 below, used oil generators shall ensure that their used oil is transported off-site only by transporters who have obtained EPA identification numbers.

1. Generators may transport, without an EPA identification number, used oil that is generated at the generator's site and used oil collected from household do-it-yourselfer generators to a used oil collection center provided that:

i. The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;

ii. The generator transports no more than 55 gallons of used oil at any time; and

iii. The generator transports the used oil to a used oil collection center that is registered or recognized by a county or municipal government to manage used oil.

2. Generators may transport, without an EPA identification number, used oil that is generated at the generator's site to an aggregation point provided that:

i. The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;

ii. The generator transports no more than 55 gallons of used oil at any time; and

iii. The generator transports the used oil to an aggregation point that is owned and/or operated by the same generator.

3. Used oil generators may arrange for used oil to be transported by a transporter without an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the processor/re-refiner to the generator for use as a lubricant, cutting oil, or coolant. The contract (known as a "tolling arrangement") shall indicate:

i. The type of used oil and the frequency of shipments;

ii. That the vehicle used to transport the used oil to the processing/re-refining facility and to deliver recycled used oil back to the generator is owned and operated by the used oil processor/re-refiner; and

iii. That reclaimed oil will be returned to the generator.

(g) Do-it-yourselfer used oil generators and motor oil retailers are subject to the following:

1. No do-it-yourselfer shall relinquish possession of used oil except to:

i. A do-it-yourselfer used oil collection center or used oil aggregation point during hours of operation;

ii. A district or municipally sponsored household hazardous waste collection event; or

iii. A facility authorized by the State in which it is located to accept used oil.

2. No do-it-yourselfer shall discharge water, antifreeze, industrial waste or any other contaminant into a used oil collection tank, or mix water, antifreeze, industrial waste or any other contaminant with used oil in any container which is then discharged into a used oil collection tank except for antifreeze or other similar materials at the approval of the collection site owner for ease of transportation for recycling.

3. Nothing in this subchapter shall require the owner or operator of a used oil collection center to accept used oil which the owner or operator reasonably suspects to contain water, antifreeze, industrial waste or any other contaminant.

4. No person shall sell or offer for sale, at retail or at wholesale for direct retail sale in this State, any motor oil in containers unless the following statement is prominently displayed on the label:

DON'T POLLUTE--CONSERVE RESOURCES; RETURN USED OIL TO COLLECTION CENTER

5. Motor oil retailers shall conspicuously post and maintain a durable and legible sign, not less than 11 inches high by 15 inches wide, containing the following statement in characters no less than one inch in height:

DON'T POLLUTE--CONSERVE RESOURCES; RETURN USED MOTOR OIL TO A COLLECTION CENTER FOR RECYCLING

i. The sign shall be displayed in the following manner:

(1) Suspended from the ceiling, or affixed to a wall, shelf, or freestanding display, at a height no greater than eight feet above the ground at its highest point and no less than four feet above the ground at its lowest point; and

(2) Adjacent to the motor oil display area of the sales counter.

N.J. Admin. Code § 7:26A-6.4

Amended by R.2001 d.86, effective 3/5/2001.
See: 32 New Jersey Register 2536(a), 33 New Jersey Register 880(a).
In (b)1, substituted "(f)1 or 2" for "(e)1 and 2" following "provisions of"; rewrote (b)3; in (e), inserted "on-specification" preceding "used oil" in the introductory paragraph; added (e)4.
Administrative correction.
See: 34 New Jersey Register 923(a).