N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.3

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

Section 374-2.3 - Standards for used oil generators

(a)Applicability.

(1) General. Except as provided in subparagraphs (i) through (iv) of this paragraph, 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.

(i) Household "do-it-yourselfer" used oil generators. Household "do-it-yourselfer" used oil generators are not subject to regulation under this Subpart.

(ii) Vessels. 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 themselves which particular co-generator will fulfill the requirements of this section. In the event of a violation of this section, the co-generators are jointly and severally liable for the violations.

(iii) Diesel fuel. 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 fuel is subject to the requirements of this section.

(iv) Farmers. Farmers who generate an average of 25 gallons or less per month of used oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements of this Subpart, if the used oil is used in normal farming operations. Normal farming operations do not include land application or land disposal of used oil.

(2) Other applicable provisions. Used oil generators who conduct the following activities are subject to the requirements of other applicable provisions of this Subpart as indicated in subparagraphs (i) through (v) of this paragraph:

(i) Generators who transport used oil, except under the self-transport provisions of paragraphs (e)(1) and (2) of this section, must also comply with section 374-2.5 of this Subpart.

(ii) Generator processing.

(a) Except as provided in clause (b) of this subparagraph, generators who process or re-refine used oil must also comply with section 374-2.6 of this Subpart.

(b) Generators who perform the following activities are not processors provided that the used oil is generated on-site and is not being sent off-site to a burner of on-specification or off-specification used oil fuel:

(1) filtering, cleaning or otherwise reconditioning used oil before returning it for reuse by the generator;

(2) separating used oil from wastewater generated on-site to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the Federal Clean Water Act, as incorporated by reference in section 370.1(e) of this Title, or other applicable Federal or State regulations governing the management or discharge of wastewaters;

(3) using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation;

(4) draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to section 374-2.2(a)(3) of this Subpart; or

(5) filtering, separating or otherwise reconditioning used oil before burning it in a space heater pursuant to subdivision (d) of this section.

(iii) Generators who burn off-specification used oil for energy recovery, except under the on-site space heater provisions of subdivision (d) of this section, must also comply with section 374-2.7 of this Subpart.

(iv) Generators who direct shipments of off-specification used oil from their facility to a used oil burner, or who are the first to claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications, set forth in section 374-2.2(b)(1) of this Subpart, must also comply with section 374-2.8 of this Subpart.

(v) Generators who dispose of used oil must also comply with section 374-2.9 of this Subpart.

(b)Hazardous waste mixing.

(1) Mixtures of used oil and hazardous waste must be managed in accordance with section 374-2.2(a)(2) of this Subpart.

(2) The rebuttable presumption for used oil as provided in section 374-2.2(a)(2)(i) (b) of this Subpart 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 must 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. Laboratory analyses completed for purposes of addressing the 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).

(c)Used oil storage.

Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures ( 40 CFR part 112, as incorporated by reference in section 370.1[e] of this Title), in addition to the requirements of this section. Used oil generators are also subject to the Underground Storage Tank ( 40 CFR part 280, as incorporated by reference in section 370.1[e] of this Title) standards for used oil stored in underground used oil tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this section.

(1) Storage units. Used oil generators shall not store used oil in units other than tanks, containers, or units subject to regulation under Subparts 373-2 and 373-3 of this Title.

(2) Used oil tanks. Compliance with petroleum bulk storage regulations.

(i) All aboveground and underground used oil tank systems, regardless of tank size, must be in compliance with Part 613 of this Title.

(ii) New aboveground and new underground used oil tank systems, regardless of tank size, must be installed in accordance with Part 613 of this Title.

(iii) Used oil tanks at a facility licensed under Part 610 of this Title do not require registration under Part 613 of this Title.

(3) Condition of units. Containers and aboveground used oil tanks used to store used oil at generator facilities must be:

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

(ii) not leaking (no visible leaks).

(4) Labels.

(i) Every container and aboveground used oil tank used to store used oil at a generator facility must be clearly labeled or marked with the words "Used Oil". In addition, every aboveground tank used to store oil at a generator facility must be labeled with the design capacity and working capacity of the tank.

(ii) Fill pipes used to transfer used oil into underground used oil tanks at generator facilities must be clearly labeled or marked with the capacity of the tank and with the words "Used Oil".

(5) Response to releases.

(i) Any spill, discharge, or release of used oil shall be subject to all applicable provisions of article 12 of the Navigation Law (NL sections 170 through 197) and its implementing rules and regulations, 17 NYCRR Parts 32 - 33 and Part 611 of this Title, regarding, but not limited to, notification, cleanup, and liability, and are also subject to applicable provisions of article 17, title 10 and section 17-1743, of the Environmental Conservation Law, and Subpart 613-6 of this Title.

(ii) Upon detection of a release of used oil to the environment that is not subject to the requirements of subpart F of 40 CFR part 280, as incorporated by reference in section 370.1(e) of this Title, a generator must perform the following cleanup steps:

(a) stop the release;

(b) contain the released used oil;

(c) clean up and manage properly the released used oil and other materials; and

(d) if necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

(iii) Within two hours of detecting a spill, discharge, or release of used oil, the generator must notify the department Spill Hotline at (800) 457-7362, or, if calling from out of state, (518) 457-7362.

(d)On-site burning in space heaters.

Generators may burn 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-yourselfer used oil generators;

(2) the heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour; and

(3) the combustion gases from the heater are vented to the outside ambient air.

(e)Off-site shipments.

Except as provided in paragraphs (1) through (3) of this subdivision, generators must ensure that their used oil is transported only by transporters who have obtained an EPA identification number and are authorized under Part 364 of this Title to transport used oil, if applicable.

(1) Self-transportation of small amounts to approved collection centers. 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-yourselfers 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 permitted pursuant to section 374-2.4(b)(2)(ii) of this Subpart.

(2) Self-transportation of small amounts to aggregation points owned by the generator. 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) Tolling arrangements. 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"), must 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.

(f)Service and retail establishments.

A service establishment is any automobile service station, including gas only outlets, or any other retail outlet and boat marina, selling at least 500 gallons of lubricating oil annually and having an on-premises oil changing operation. A retail establishment is every vendor that sells lubricating oil at retail in quantities in excess of 1,000 gallons per year. Generators who are service establishments or retail establishments must also comply with the following requirements:

(1) Service establishments.

(i) An owner or an employee of every service establishment who is present on the premises must accept, at no charge, used petroleum-based or synthetic lubricating oil in quantities not to exceed five gallons per day from any household do-it-yourselfer, in accordance with the following requirements:

(a) the service establishment must maintain a tank or container with sufficient capacity to provide adequate service to individuals, for the temporary storage of used oil;

(b) the service establishment may refuse to accept used oil if the used oil tank or container is temporarily filled to capacity. If filled to capacity, the service establishment must proceed expeditiously to have the used oil emptied by a used oil transporter authorized under Part 364 of this Title, and must inform individuals when used oil can be brought back to the establishment for collection.

(c) the service establishment must accept used oil only during the normal business hours of the establishment;

(d) the service establishment may require used oil to be dropped off in rigid screw-top closed containers;

(e) the service establishment may refuse to accept used oil if it has been contaminated through other than ordinary and normal use;

(f) the service establishment may not impose a separate charge or fee upon any individual for acceptance or disposal of used oil, whether or not the individual is a customer for service; and

(g) the service establishment must conspicuously post a sign in a location which is always open to public view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE". Such establishment may additionally state, on the same sign or an additional sign, that used oil is accepted only during normal business hours and may state such hours. The information on any sign must be legible from a distance of at least 25 feet from the outside of the establishment's building, with lettering a minimum of one inch in height;

(2) Retail establishments. Retail establishments may either directly accept used petroleum-based or synthetic lubricating oil from household do-it-yourselfers, or contract with another retail establishment, service establishment or municipality, for the collection of used oil brought to it for acceptance.

(i) Retail establishments which elect to provide for the direct collection of used oil must accept, at no charge, used petroleum-based or synthetic lubricating oil in quantities not to exceed five gallons per day from any household do-it-yourselfer, in accordance with the following requirements:

(a) the retail establishment must maintain a tank or container with sufficient capacity to provide adequate service to individuals, for the temporary storage of used oil;

(b) the retail establishment may refuse to accept used oil if the used oil tank or container is temporarily filled to capacity. If filled to capacity, the retail establishment must proceed expeditiously to have the used oil emptied by a used oil transporter permitted under Part 364 of this Title to transport used oil, and must inform individuals when used oil can be brought back to the establishment for collection;

(c) the retail establishment must accept used oil only during the normal business hours of the establishment;

(d) the retail establishment may require used oil to be dropped off in rigid screw-top closed containers;

(e) the retail establishment may refuse to accept used oil if it has been contaminated through other than ordinary and normal use; and

(f) the retail establishment must conspicuously post a sign in a location which is always open to public view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE." Such establishment may additionally state, on the same sign or an additional sign, that used oil is accepted only during normal business hours and may state such hours. The information on any sign must be legible from a distance of at least 25 feet from the outside of the establishment's building, with lettering a minimum of one inch in height.

(ii) Retail establishments which elect not to provide for direct collection of used oil must either:

(a) enter into a contract with another retail establishment, service establishment or municipality, which maintains a tank or container for the temporary storage of used oil. The retail establishment which contracts with another retail establishment, service establishment or municipality, for the provision of collection services must conspicuously post a sign in a location which is always open to public view, stating: "USED OIL FOR RECYCLING WILL BE ACCEPTED BY (name of contracted establishment or municipality) AT (address of contracted establishment or municipality) AT NO CHARGE". The information on this sign must be legible from a distance of at least 25 feet from the outside of the establishment's building and have lettering a minimum of one inch in height:

(1) in counties or cities with a population of one million or more, the distance between the contracting retail establishment and the contractor shall not exceed eight miles; and

(2) in all other areas, the contracting retail establishment and the contractor must be within the same town or city or within adjacent towns or cities; or

(b) obtain a hardship waiver from the department for inability to comply with this subdivision due to prohibition by local codes, ordinances, or State or Federal statute or regulation, or due to the impossibility of installing a used oil tank or container because of physical constraints. The retail establishment must submit a request for a hardship waiver to the Director, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, which includes the following information:

(1) the name and location, including street address, of the retail establishment;

(2) the approximate gallons of lubricating oil sold annually by the retail establishment;

(3) a discussion which includes the statutory, regulatory or physical constraints prohibiting the placement of a tank or container for temporarily storing used oil, a description of specific efforts being made by the retail establishment to overcome those constraints, a street scale map of the geographic range established in subclauses (1) and (2) of this clause indicating the location of the retail establishment requesting the waiver, and the locations of other retail establishments, municipalities, and service establishments located within that geographic range.

(3) In the event that the department, pursuant to section 613-5.1 of this Title, affixes a tag to the fill pipe of a used oil tank at a service or retail establishment, the service or retail establishment remains subject to the requirements of paragraph (1) or (2) of this subdivision, as applicable, and must provide appropriate alternative means of temporary used oil storage.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.3

Amended New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 11/11/2015

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