N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.2
Current through Register Vol. 46, No. 45, November 2, 2024
Section 374-2.2 - Applicability(a)Applicability.This subdivision identifies those materials which are subject to regulation as used oil under this Subpart. This subdivision also identifies some materials that are not subject to regulation as used oil under this Subpart, and indicates whether these materials may be subject to regulation as hazardous waste under Part 370 through Subparts 374-1, 374-3, and Part 376 of this Title.
(1) Used oil. The department presumes that used oil is to be recycled or burned for energy recovery unless a used oil handler disposes of used oil, or sends used oil for disposal. Except as provided in subdivision (b) of this section, the regulations of this Subpart apply to used oil and to materials identified in this subdivision as being subject to regulation as used oil, whether or not the used oil or material exhibits any characteristics of hazardous waste identified in section 371.3 of this Title. Used oil subject to regulation under this Subpart is a solid waste as defined under section 360.2 of this Title.(2) Mixtures of used oil and hazardous waste.(i) Listed hazardous waste. (a) Mixtures of hazardous waste, listed in section 371.4 of this Title, and of used oil are subject to regulation as hazardous waste under Part 370 through Subparts 374-1, 374-3, and Part 376 of this Title, rather than as used oil under this Subpart.(b) Rebuttable presumption for used oil. 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 section 371.4 of this Title. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by demonstrating that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix 23 of this Title). (1) Laboratory analyses completed for purposes of rebuttable presumption must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department of Health's Environmental Laboratory Approval Program (ELAP).(2) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement, as described in section 374-2.3(e)(3) of this Subpart, 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.(3) 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) Characteristic hazardous waste. Mixtures of used oil and of hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in section 371.3 of this Title, and mixtures of used oil and of hazardous waste that is listed in section 371.4 of this Title solely because it exhibits one or more of the characteristics of hazardous waste identified in section 371.3 of this Title are subject to:(a) except as provided in clause (c) of this subdivision, regulation as hazardous waste under Part 370 through Subparts 374-1, 374-3, and Part 376 of this Title rather than as used oil under this Subpart, if the resultant mixture exhibits any characteristics of hazardous waste identified in section 371.3 of this Title; or(b) except as specified in clause (c) of this subdivision, regulation as used oil under this Subpart, if the resultant mixture does not exhibit any characteristics of hazardous waste identified under section 371.3 of this Title.(c) regulation as used oil under this Subpart, if the mixture is of used oil and a waste which is hazardous solely because it exhibits the characteristic of ignitability (e.g., ignitable-only mineral spirits), provided that the resultant mixture does not exhibit the characteristic of ignitability under section 371.3(b) of this Title.(iii) Conditionally exempt small quantity generator hazardous waste. Mixtures of used oil and conditionally exempt small quantity generator hazardous waste regulated under section 371.1(f)(10) of this Title are subject to regulation as used oil under this Subpart.(3) Materials containing or otherwise contaminated with used oil. (i) Except as provided in subparagraph (ii) of this paragraph, 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: (a) are not used oil and thus not subject to this Subpart; and(b) if applicable are subject to the hazardous waste regulations of Part 370 through Subparts 374-1, 374-3, and Part 376 of this Title.(ii) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under this Subpart.(iii) Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under this Subpart.(4) Mixtures of used oil with products. (i) Except as provided in subparagraph (ii) of this paragraph, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under this Subpart.(ii) Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's own vehicles are not subject to this Subpart once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of section 374-2.3 of this Subpart.(5) Materials derived from used oil. (i) Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal (e.g., re-refined lubricants) are: (a) not used oil and thus are not subject to this Subpart; and(b) not solid wastes and are thus not subject to the hazardous waste regulations of Part 370 through Subparts 374-1, 374-3, and Part 376 of this Title as provided in section 371.1(d)(3)(ii) (a) of this Title.(ii) Materials produced from used oil that are burned for energy recovery (e.g., used oil fuels) are subject to regulation as used oil under this Subpart and as waste oil under Subpart 225-2 of this Title.(iii) Except as provided in subparagraph (iv) of this paragraph, materials derived from used oil that are disposed of or used in a manner constituting disposal are: (a) not used oil and thus are not subject to this Subpart; and(b) are solid wastes regulated under Part 360 of this Title, unless they are subject to the hazardous waste regulations of Part 370 through Subpart 374-1, 374-3, and Part 376 of this Title if the materials are listed or identified as hazardous waste.(iv) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this Subpart.(6) Wastewater. Wastewater, the discharge of which is subject to regulation under either section 402 or section 307(b) of the Federal Clean Water Act, as incorporated by reference in section 370.1(e) of this Title (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 Subpart. 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 will 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 introduced into crude oil pipelines or a petroleum refining facility. (i) Used oil mixed with crude oil or natural gas liquids (e.g., in a production separator or crude oil stock tank) for insertion into a crude oil pipeline is exempt from the requirements of this Subpart. The used oil is subject to the requirements of this Subpart prior to the mixing of used oil with crude oil or natural gas liquids.(ii) Mixtures of used oil and crude oil or natural gas liquids containing less than one percent used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at a point prior to crude distillation or catalytic cracking are exempt from the requirements of this Subpart.(iii) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from the requirements of this Subpart provided that the used oil constitutes less than one percent of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of this Subpart.(iv) Except as provided in subparagraph (v) of this paragraph, used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from the requirements of this Subpart only if the used oil meets the specifications of paragraph (b)(1) of this section. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of this Subpart.(v) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from the requirements of this Subpart. This exemption does not extend to used oil which is intentionally introduced into a hydrocarbon recovery system (e.g., by pouring collected used oil into the wastewater treatment system).(vi) Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids are exempt from the requirements of this Subpart.(8) Used oil on vessels. Used oil produced on vessels from normal shipboard operations is not subject to this Subpart until it is transported ashore.(9) Used oil containing PCBs.(i) Used oil containing 50 ppm by weight, or greater, of polychlorinated biphenyls (PCBs) is a hazardous waste as defined in section 371.4(e) of this Title, and is not subject to the requirements of this Subpart, but is subject to regulation under 40 CFR part 761, as incorporated by reference in section 370.1(e) of this Title, and to Parts 370 through 373, Subparts 374-1 and 374-3, and Part 376 of this Title.(ii) Used oil containing PCBs at any concentration less than 50 ppm is subject to the requirements of this Subpart. If the PCB concentration in the used oil has been diluted to less than 50 ppm, it is also regulated under 40 CFR part 761 as used oil containing PCBs at 50 ppm or greater.(iii) PCB-containing used oil subject to the requirements of this Subpart may also be subject to the prohibitions and requirements found at 40 CFR part 761, including section 761.20(d) and (e). No person may avoid these provisions by diluting used oil containing PCBs, unless otherwise specifically provided for in this Subpart or in 40 CFR part 761.(b)Used oil specifications.(1) Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this Subpart unless it is demonstrated not to exceed any of the allowable levels of the constituents and properties shown in Table 1 of this subdivision. Once used oil that is to be burned for energy recovery has been demonstrated not to exceed any allowable level and the person making that demonstration complies with section 374-2.8(c) and (d), and (e)(2) of this Subpart, the used oil is no longer subject to this Subpart. (i) Laboratory analyses completed for purposes of specification determination must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department of Health's Environmental Laboratory Approval Program (ELAP). Table 1
Used Oil Not Exceeding Any Allowable Level Shown Below Is Not Subject to This Subpart When Burned for Energy Recovery1
| Constituent/property | Allowable level |
| Arsenic | 5 ppm maximum |
| Cadmium | 2 ppm maximum |
| Chromium | 10 ppm maximum |
| Lead | 100 ppm maximum |
| PCBs | 2 ppm maximum2 |
| Flash point | 100° F minimum |
| Total halogens | 4,000 ppm maximum3 |
1The allowable levels do not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see paragraph [a][2] of this section).
2Used oil containing 50 ppm by weight, or greater, of PCBs is a hazardous waste, excluding oil derived from small capacitors, as defined in section 371.4(e)(3)(ii) of this Title, as the sole PCB contamination source. Applicable standards for the burning of used oil containing PCBs are imposed by Part 370 through Subpart 374-1 and Part 376 of this Title and 40 CFR 761.20(e), as incorporated by reference in section 370.1(e) of this Title.
3Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under subparagraph (a)(2)(i) of this section. Such used oil is subject to section 374-1.8 of this Part rather than this Subpart when burned for energy recovery, unless the presumption of mixing can be successfully rebutted.
(2) All used oil, whether in transit or in storage at a facility, must be considered off-specification used oil, unless analysis or other information documents that the used oil is on-specification.(c)Prohibitions.(1) Surface impoundment prohibition. Used oil must not be managed in surface impoundments, waste piles, pits, ponds or lagoons.(2) Use as a dust suppressant. The use of used oil as a dust suppressant, for land application, or for disposal directly on the land, is prohibited.(3) Burning in particular units. Off-specification used oil fuel may be burned for energy recovery in only the following devices: (i) industrial furnaces identified in section 370.2(b) of this Title;(ii) boilers, as defined in section 370.2(b) of this Title, that are identified as follows: (a) industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;(b) utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or(c) used oil-fired space heaters provided that the burner meets the provisions of section 374-2.3(d) of this Subpart.(iii) hazardous waste incinerators subject to regulation under sections 373-2.15 and 373-3.15 of this Title.(4) Absorbents. Used oil which is recyclable or reusable must not be disposed of through the use of absorbent materials, other than for purposes of spill cleanup.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.2
Amended New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 11/11/2015Amended New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020