N.J. Admin. Code § 7:26A-6.6

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

Section 7:26A-6.6 - Standards for used oil transporter and transfer facilities

(a) The standards that apply to used oil transporters and transfer facilities are as follows:

1. Except as provided in (a)1i through iv below, this section applies to all used oil transporters. Used oil transporters are persons who transport used oil, persons who collect used oil from more than one generator and transport the collected oil, and owners and operators of used oil transfer facilities;

i. This section does not apply to on-site transportation;

ii. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil collection center as specified in N.J.A.C. 7:26A-6.4(f)1;

iii. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil aggregation point owner or operated by the same generator as specified in N.J.A.C. 7:26A-6.4(f)2; or

iv. This section does not apply to transportation of used oil from household do-it-yourselfer used oil generators to a regulated used oil generator, collection center, aggregation point, processor/re-refiner, or burner subject to the requirements of this subchapter. Except as provided in 1i through 1iii above, this section does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected;

2. Transporters who import used oil from abroad or export used oil outside of the United States are subject to the requirements of this section from the time the used oil enters and until the time it exits the United States;

3. Unless trucks previously used to transport hazardous waste are emptied as described in 40 C.F.R. 261.7, as incorporated by reference at N.J.A.C. 7:26G-5prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and shall be managed as hazardous waste unless, under the provisions of N.J.A.C. 7:26A-6.1(a)2, the hazardous waste/used oil mixture is determined not to be hazardous waste;

4. Used oil transporters shall comply with the applicable Federal Motor Carrier Safety and Federal Hazardous Materials Transportation regulations. Used oil transporters who conduct the following activities are also subject to other applicable provisions of this subchapter as indicated in (a)4i through v below:

i. Transporters who generate used oil shall also comply with N.J.A.C. 7:26A-6.4;

ii. Transporters who process or re-refine used oil, except as provided in (b) below, shall also comply with N.J.A.C. 7:26A-6.7;

iii. Transporters who burn off-specification used oil for energy recovery shall also comply with N.J.A.C. 7:26A-6.8;

iv. Transporters 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 N.J.A.C. 7:26A-6.2 shall also comply with N.J.A.C. 7:26A-6.8; and

v. Transporters who dispose of used oil shall also comply with N.J.A.C. 7:6A-6.10;

5. A used oil transporter, who transports used oil or collects and transports used oil, and who is not exempted from this section as provided at (a)1 above, shall also comply with the standards concerning solid waste transportation at N.J.A.C. 7:26-3, including approved registration statement and vehicle registration requirements; and

6. A person transporting used oil from mobile field changing operations shall not be subject to the standards concerning solid waste transportation at N.J.A.C. 7:26-3.

(b) The following are restrictions on transporters who are not also processors or re-refiners:

1. Used oil transporters shall consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in (b)2 below, used oil transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in N.J.A.C. 7:26A-6.7; and

2. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (for example, settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products unless they also comply with the processor/re-refiner requirements in N.J.A.C. 7:26A-6.7.

(c) Notification standards for used oil transporters and transfer facilities are as follows:

1. Used oil transporters shall comply with this subsection and obtain an EPA identification number unless they have already notified the USEPA of their hazardous waste management activities in accordance with the requirements of Resource Conservation and Recovery Act (RCRA) section 3010;

2. A used oil transporter who has not received an EPA identification number may obtain one by notifying the USEPA Region II of its used oil activity by submitting either:

i. A completed EPA Form 8700-12 (To obtain ordering information for EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

ii. A letter requesting an EPA identification number. Call the RCRA/ Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter should include the following:

(1) The transporter company name;

(2) The owner of the transporter company;

(3) The mailing address for the transporter;

(4) The name and telephone number for the transporter point of contact;

(5) The type of transport activity (that is, transport only, transport and transfer facility, transfer facility only);

(6) The location of all transfer facilities at which used oil is stored; and

(7) The name and telephone number for a contact at each transfer facility; and

3. Owners or operators of used oil transfer facilities shall notify the Department, in writing, of the location of the transfer facility prior to conducting any used oil activities at the transfer facility. The notification shall be mailed to the New Jersey Department of Environmental Protection, Bureau of Hazardous Waste Compliance and Enforcement, Mail Code 09-03, PO Box 420, Trenton, New Jersey 08625-0420.

(d) The standards for used oil transportation are as follows:

1. A used oil transporter shall off load all used oil received at or to:

i. Another used oil transporter, provided that the transporter has obtained an EPA identification number;

ii. A used oil processing/re-refining facility who has obtained an EPA identification number;

iii. An off-specification used oil burner facility who has obtained an EPA identification number; or

iv. An on-specification used oil burner facility;

2. Transporters of used oil that meets the definition of a hazardous material in 49 CFR 171.8 shall comply with the following United States Department of Transportation (USDOT) regulations, as modified by the Transportation of Hazardous Materials rules at N.J.A.C. 16:49-2.1, and the Motor Carrier Safety Regulations at N.J.A.C. 13:60:

i. The Hazardous Materials Regulations at 49 CFR Parts 171 through 180, as amended and supplemented; and

ii. The Motor Carrier Safety Regulations at 49 CFR Parts 390 through 397, as amended and supplemented.

3. Standards for a used oil discharge during transportation are as follows:

i. In the event of a discharge of used oil during transportation, the transporter shall comply with the applicable requirements of N.J.A.C. 7:1E and take appropriate immediate action to protect human health and the environment (for example, notify local authorities, dike the discharge area);

ii. If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers;

iii. An air, rail, highway, or water transporter who has discharged used oil shall:

(1) Give notice, if required by 49 C.F.R. 171.15 to the National Response Center (800-424-8802 or 202-426-2675); and

(2) Report in writing as required by 49 C.F.R. 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590;

iv. A water transporter who has discharged used oil shall give notice as required by 33 C.F.R. 153.203; and

v. A transporter shall clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.

(e) The rebuttable presumption for used oil applies as follows to used oil transporters.

1. To ensure that used oil is not a hazardous waste under the rebuttable presumption of N.J.A.C. 7:26A-6.1(a)2 i(2), the used oil transporter shall determine whether the total halogen content of used oil being transported or stored at a transfer facility is equal to and less than or more than 1,000 ppm;

2. The transporter shall make this determination by:

i. Testing the used oil; or

ii. Applying knowledge of the halogen content or the used oil in light of the materials or processes used;

3. If the used oil contains more than or equal to 1,000 ppm total halogens, it 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. 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, or later) 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.

i. The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in N.J.A.C. 7:26A-6.4(e)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

ii. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if 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;

4. If rebuttal is unsuccessful, the used oil transporter shall ensure further transportation or reshipment of this hazardous waste is accomplished by a licensed New Jersey hazardous waste transporter; and

5. Records of analyses conducted or information used to comply with (e)1 through 4 above shall be maintained on-site by the transporter for at least three years.

(f) The standards for used oil storage at transfer facilities are as follows:

1. Used oil transporters are subject to all applicable Spill Prevention, Control and Countermeasures regulations ( 40 C.F.R. Part 112) as well as the applicable requirements of N.J.A.C. 7:1E, regulations adopted pursuant to the Federal Clean Air Act, and N.J.A.C. 7:27 in addition to the requirements of this section. Used oil transporters are also subject to the Underground Storage Tank standards ( 40 C.F.R. Part 280 and N.J.A.C. 7:14B) 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 transfer facilities are transportation related facilities including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation and not longer than 35 days. Transfer facilities that store used oil for more than 35 days and also process used oil are subject to regulation under N.J.A.C. 7:26A-6.7. Transfer facilities that store used oil for more than 35 days but do not process used oil are subject to all of the requirements of N.J.A.C. 7:26A-6.7 except N.J.A.C. 7:26A-6.7(a)2 vi;

3. Owners or operators of used oil transfer facilities may not store used oil in units other than tanks, containers, or units subject to regulation under 40 C.F.R. Parts 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9;

4. Containers and aboveground tanks used to store used oil at transfer facilities shall be:

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

ii. Not leaking (no visible leaks).

5. Containers used to store used oil at transfer facilities shall be equipped with a secondary containment system meeting the following:

i. The secondary containment system shall consist of, at a minimum:

(1) Dikes, berms or retaining walls; and

(2) The floor shall cover the entire area within the dikes, berms, or retaining walls; or

(3) An equivalent secondary containment system; and

ii. The entire containment system, including walls and floors, shall be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water;

6. Existing aboveground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system meeting the following:

i. The secondary containment system shall consist of, at a minimum:

(1) Dikes, berms or retaining walls; and

(2) The floor shall cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or

(3) An equivalent secondary containment system; and

7. New aboveground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system.

i. The secondary containment system shall consist of, at a minimum:

(1) Dikes, berms or retaining walls; and

(2) A floor. The floor shall cover the entire area within the dike, berm, or retaining wall; or

(3) An equivalent secondary containment system.

8. The following are the standards for labels for used oil storage:

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

9. 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, the owner/operator of a transfer facility 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, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

(g) The tracking standards for used oil transporters are as follows:

1. Used oil transporters shall keep a record of each used oil shipment accepted for transport. These records shall be available for inspection at all times while the used oil is being transported. Records for each shipment shall include:

i. The name and address of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

ii. The EPA identification number (if applicable) of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

iii. The quantity of used oil accepted;

iv. The date of acceptance; and

v. The signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

2. Used oil transporters shall keep a record of each shipment of used oil that is delivered to another used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility. These records shall be available for inspection at all times while the used oil is being transported. Records of each delivery shall include:

i. The name and address of the receiving facility or transporter;

ii. The EPA identification number of the receiving facility or transporter;

iii. The quantity of used oil delivered;

iv. The date of delivery; and

v. The signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter;

3. Used oil transporters shall maintain the records described in paragraphs (g)2i through iv above for each shipment of used oil exported to any foreign country.

4. The records described in (g)1 through 3 above shall be maintained for at least three years.

(h) Transporters who generate residues from the storage or transport of used oil shall manage the residues as specified in N.J.A.C. 7:26A-6.1(a)5.

N.J. Admin. Code § 7:26A-6.6

Amended by R.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
In (a)1ii and (a)1iii, amended the N.J.A.C. references; added (a)5 and (a)6.
Amended by R.2002 d.182, effective 6/17/2002 (operative December 17, 2002).
See: 33 N.J.R. 4273(a), 34 N.J.R. 2088(a).
In (c), inserted "and transfer facilities" following "oil transporters" in the introductory paragraph and added 3; in (g), inserted the second sentence in the introductory paragraphs of 1 and 2.
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Rewrote (d)2 and (f)2.
Notice of readoption with technical change.
See: 48 N.J.R. 76(a).

Amended by 54 N.J.R. 1912(a), effective 10/3/2022