N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 374-2.10 - Permitting and registration

(a)Used oil collection centers.

Every used oil collection center subject to section 374-2.4(b) of this Subpart must obtain a registration pursuant to section 360.15 of this Title.

(b)Used oil transfer facilities.

Every used oil transfer facility must obtain a permit under section 360.16 of this Title unless the used oil transfer facility meets the conditions set forth in either paragraph (1) or (2) of this subdivision:

(1) A facility whose only activity at a particular site is the transfer of used oil from vehicle-to-vehicle, provided the following requirements are met:

(i) transfer operations are continuously observed;

(ii) a contingency plan meeting the applicable requirements of section 374-2.6(c)(2) of this Subpart is in place in case of an emergency during transfer. The contingency plan must be prepared and certified by an individual licensed to practice engineering in the State of New York;

(iii) the transporters meet all applicable requirements of Part 364 of this Title;

(iv) procedures are established to meet the requirements of sections 374-2.6(f)(1) and (3) of this Subpart;

(v) facilities storing beyond 24 hours must also comply with the facility standards of 40 CFR 279, subpart E, incorporated by reference in section 370.1(e) of this Title;

(vi) used oil must be stored for 35 days or less, from receipt.

(2) The storage of used oil by a transporter permitted under Part 364 of this Title at such transporter's facility for a period of 10 calendar days or less provided that no transfer, pumping or consolidation of loads occurs. Facilities storing beyond 24 hours must also comply with the facility standards of 40 CFR part 279 subpart E, incorporated by reference in section 370.1(e) of this Title.

(3) Permit application.

In addition to the requirements of section 360.16 of this Title, the permit application must include the following information:

(i) a copy of the facility's EPA notification and identification number, obtained in accordance with section 374-2.5(c) of this Subpart;

(ii) the engineering report required under section 360.16(c)(3) of this Title must include:

(a) a description of the types of used oils to be accepted by the facility and the origin of the used oils; and

(b) a flow diagram of the facility, indicating where off-specification and, if applicable, on-specification used oils are individually handled;

(iii) a copy of the quality control plan required under section 374-2.5(e)(2) of this Subpart which will substitute for the waste control plan required as part of the facility manual under section 360.16(c)(4)(i) of this Title;

(iv) a copy of the contingency plan required under section 374-2.5(a)(5) of this Subpart which will substitute for the emergency response plan required as part of the facility manual under section 360.16(c)(4)(iv) of this Title;

(v) documentation of financial assurance in accordance with section 360.22 of this Title which will secure closure of the facility consistent with the closure plan required by section 360.16(c)(4)(v) of this Title.

(c)Used oil processors/re-refiners.

Every used oil processor/re-refiner must obtain a permit under section 360.16 of this Title:

(1) Permit application. The permit application must include the following additional information:

(i) a copy of the facility's EPA notification and identification number, obtained in accordance with section 374-2.6(b) of this Subpart;

(ii) the engineering report required under section 360.16(c)(3) of this Title must include:

(a) a description of the types of used oils to be accepted by the facility and the origin of the used oils; and

(b) a flow diagram of the facility, indicating where off-specification and, if applicable, on-specification used oils are handled;

(iii) a copy of the quality control plan required under section 374-2.6(f) of this Subpart which will substitute for the waste control plan required as part of the facility manual under section 360.16(c)(4)(i) of this Title;

(iv) a copy of the contingency plan required under section 374-2.6(f) of this Subpart which will substitute for the emergency response plan required as part of the facility manual under section 360.16(c)(4)(iv) of this Title;

(v) documentation of financial assurance in accordance with section 360.22 of this Title which will secure closure of the facility consistent with the closure plan required by section 360.16(c)(4)(v) of this Title.

(d) Any used oil transfer facility, processor/re-refiner or collection center located at a facility regulated under Part 373 of this Title must be structurally independent of the Part 373 facility operations, in order to be regulated under this Subpart. Facilities having operations regulated under this Subpart and Part 373 of this Title may share joint laboratories, offices, and access roads. However, all used oil storage tanks, piping and appurtenances, processing equipment, and transfer points must be structurally separate from the Part 373 facility. Where tanks or containers regulated under Part 373 of this Title share the same containment area or transfer point as used oil tanks or containers, any spills in the containment area or at the same transfer point must be managed as a hazardous waste, unless testing or knowledge is used to determine that the material is not a hazardous waste pursuant to Part 371 and section 374-2.2(a)(2) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.10

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020