N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.5

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

Section 374-2.5 - Standards for used oil transporters and transfer facilities

(a)Applicability.

(1) General. Except as provided in subparagraphs (i) through (iv) of this paragraph, 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 section 374-2.3(e)(1) of this Subpart.

(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 owned or operated by the same generator as specified in section 374-2.3(e)(2) of this Subpart.

(iv) This section does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor/re-refiner, or burner subject to the requirements of this Subpart. Except as provided in subparagraphs (i) through (iii) of this paragraph, this section does apply, however, 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) Imports and exports. 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 New York State.

(3) Trucks used to transport hazardous waste. Unless trucks previously used to transport hazardous waste are emptied as described in section 371.1(h) of this Title prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and must be managed as hazardous waste unless, under the provisions of section 374-2.2(a)(2) of this Subpart, the hazardous waste/used oil mixture is determined not to be hazardous waste.

(4) Other applicable provisions. Used oil transfer facilities may be required to obtain a permit in accordance with section 374-2.10(b) of this Subpart. Used oil transporters who conduct the following activities are also subject to other applicable provisions of this Subpart as indicated in subparagraphs (i) through (vi) of this paragraph:

(i) transporters who generate used oil must also comply with section 374-2.3 of this Subpart;

(ii) transporters who process or re-refine used oil, except as provided in subdivision (b) of this section, must also comply with sections 374-2.6 and 374-2.10(c) of this Subpart;

(iii) transporters who burn off-specification used oil for energy recovery must also comply with section 374-2.7 of this Subpart;

(iv) transporters who direct shipments of off-specification used oil from their facility to a used oil burner, or who first 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) transporters who dispose of used oil must also comply with section 374-2.9 of this Subpart; and

(vi) used oil transfer facilities that store used oil for 35 days or less, and which do not process used oil, must comply with the reporting requirements of section 374-2.6(h)(2) of this Subpart that are otherwise applicable to used oil processors/re-refiners, except for the requirement to provide a summary of the manner in which the used oil is processed as set forth in section 374-2.6(h)(2)(iv) (c) of this Subpart.

(b)Restrictions on transporters who are not also processors or re-refiners.

(1) Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in paragraphs (2) and (3) of this subdivision, used oil transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in section 374-2.6 of this Subpart.

(2) Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., 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 section 374-2.6 of this Subpart.

(3) Transporters of used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter or at a transfer facility prior to being returned to its original use are not subject to the processor/re-refiner requirements in section 374-2.6 of this Subpart.

(c)Notification.

(1) Identification numbers. Used oil transporters who have not previously complied with the notification requirements of RCRA, section 3010 must comply with these requirements and obtain an EPA identification number.

(2) Mechanics of notification. Used oil transporters who have not received an EPA identification number may obtain one by notifying the EPA regional administrator of their used oil activity by submitting either:

(i) a completed EPA Form 8700-12 (EPA Form 8700-12 is available at the EPA website, http://www.epa.gov); or

(ii) a letter requesting an EPA identification number. Call RCRA/Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter must include the following information:

(a) transporter company name;

(b) owner of the transporter company;

(c) mailing address for the transporter;

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

(e) type of transport activity (i.e., transport only, transport and transfer facility, transfer facility only);

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

(g) name and telephone number for a contact at each transfer facility.

(d)Used oil transportation.

(1) Deliveries. A used oil transporter must deliver all used oil received to:

(i) another used oil transporter who has obtained an EPA identification number and who is authorized under Part 364 of this Title to transport used oil;

(a) owners or operators of a used oil transfer facility must ensure that used oil is transported to their facility only by transporters who are permitted, as required by Part 364 of this Title. Owners or operators of used oil transfer facilities are required to confirm that the transporters delivering used oil to their facilities carry a valid Part 364 waste transporter permit, if required;

(ii) a used oil processing/re-refining facility who has obtained an EPA identification number and who is authorized under Part 360 of this Title;

(iii) an off-specification used oil burner facility who has obtained an EPA identification number and who is authorized under Subpart 225-2 of this Title; or

(iv) an on-specification used oil burner facility.

(2) DOT requirements. Used oil transporters must comply with all applicable requirements of Part 364 of this Title, and all applicable requirements under the U.S. Department of Transportation regulations in 49 CFR parts 171 through 180, as incorporated by reference in section 370.1(e) of this Title. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8, as incorporated by reference in section 370.1(e) of this Title, must comply with all applicable regulations in 49 CFR parts 171 through 180, as incorporated by reference in section 370.1(e) of this Title.

(3) Used oil discharges. 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, clean up, and liability, and are also subject to applicable provisions of article 17, titles 10 and 17, of the Environmental Conservation Law.

(i) In the event of a spill, discharge, or release of used oil during transportation, the transporter must comply with the notification provisions of section 613-6.2 of this Title and must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities or 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 must:

(a) give notice, if required by 49 CFR 171.15, as incorporated by reference in section 370.1(e) of this Title, to the National Response Center ([800] 424-8802 or [202] 426-2675) and, within two hours of detection, to the department Spill Response Hotline at (800) 457-7362, or, if calling from out of state, (518) 457-7362; and

(b) report in writing as required by 49 CFR 171.16, as incorporated by reference in section 370.1(e) of this Title, 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 must also give notice as required by 33 CFR 153.203, as incorporated in section 370.1(e) of this Title.

(v) A transporter must clean up any used oil discharge that occurs during transportation and 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 and is consistent with the remediation standards of article 12 of the Navigation Law.

(e)Quality control and rebuttable presumption for used oil.

(1) To ensure that used oil is not a hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i) (b) of this Subpart, a used oil transporter must determine whether the total halogen content of used oil being transported is greater than or equal to 1,000 ppm. The transporter must make this determination by:

(i) testing the used oil; or

(ii) applying knowledge of the halogen content of the used oil in light of the materials or processes used.

(2) A transporter who is an owner or operator of a used oil transfer facility must test all incoming loads of used oil for total halogen content by employing the screening procedures set forth under section 374-2.6(d) of this Subpart. The owner or operator must develop and follow a written quality control plan for the facility, in accordance with section 374-2.6(f) of this Subpart.

(3) If the used oil contains greater 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 section 371.4 of this Title. The owner or operator may rebut the 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).

(i) 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).

(ii) 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.

(iii) 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) Used 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 are contained in Part 370 through Subpart 374-1 and Part 376 of this Title.

(5) Record retention. Records of analyses conducted or information used to comply with paragraphs (1), (2), (3), and (4) of this subdivision must be maintained by the transporter for at least three years. The owner or operator of a transfer facility subject to permitting under Part 360 of this Title must maintain the records for at least seven years.

(f)Used oil storage at transfer facilities.

Used oil transporters 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 transporters 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 tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this section.

(1) Applicability. This subdivision applies to used oil transfer facilities. 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 are subject to regulation as processors under section 374-2.6 of this Subpart.

(2) Storage units. 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 Subparts 373-2 and 373-3, of this Title.

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

(i) All aboveground or underground used oil tank systems, regardless of tank size, must be in compliance with Part 613 of this Title. In addition, owners and/or operators must comply with the following requirements:

(a) aboveground used oil tanks must be equipped with secondary containment:

(1) the secondary containment system must consist of, at a minimum:

(i) dikes, berms or retaining walls; and

(ii) a floor. The floor must cover the entire area within the dikes, berms, or retaining walls, except, for tanks existing as of January 14, 1995, where existing portions of the tank meet the ground; or

(iii) an equivalent secondary containment system.

(2) The entire containment system, including walls and floors, must 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.

(b) used oil tanks at a facility licensed under Part 610 of this Title do not require registration under 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.

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

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

(ii) not leaking (no visible leaks).

(5) Secondary containment for containers. Containers used to store used oil at transfer facilities must be equipped with a secondary containment system.

(i) The secondary containment system must consist of, at a minimum:

(a) dikes, berms or retaining walls;

(b) a floor. The floor must cover the entire area within the dikes, berms or retaining walls; or

(c) an equivalent secondary containment system.

(ii) The entire containment system, including walls and floors, must 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) Labels.

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

(7) 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, clean up, and liability, and are subject to applicable provisions of article 17, titles 10 and 17, 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, and Subpart 613-6 of this Title, the owner/operator of a transfer facility 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;

(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 facility owner or operator must notify the department Spill Hotline at (800) 457-7362, or, if calling from out of state, (518) 457-7362.

(8) Closure.

(i) Aboveground used oil tanks. Owners and operators who store used oil in aboveground used oil tanks must comply with the following requirements within 180 days after used oil collection or storage has ceased:

(a) At closure of a tank system, the owner or operator must remove or decontaminate used oil residues in tanks, contaminated containment systems components, contaminated soils, and structures and equipment contaminated with used oil, and, unless the materials are not hazardous waste under Part 371 of this Title, manage them as hazardous waste. In addition, the owner or operator must comply with the closure requirements of section 613-4.5 of this Title.

(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in clause (a) of this subparagraph, then the owner or operator must close the tank system and perform post-closure care requirements that apply to hazardous waste landfills (Subparts 373-2 and 373-3 of this Title).

(ii) Containers. Owners and operators who store used oil in containers must comply with the following requirements within 180 days after used oil collection or storage has ceased:

(a) at closure, containers holding used oil or residues of used oil must be removed from the site; and

(b) the owner or operator must remove or decontaminate used oil residues, contaminated containment systems components, contaminated soils, and structures and equipment contaminated with used oil, and, unless the materials are not hazardous waste under Part 371 of this Title, manage them as hazardous waste.

(iii) Underground used oil tanks must be closed in accordance with section 613-2.6 or 613-3.5 of this Title, as applicable, and the applicable requirements contained in 40 CFR part 280 (as incorporated by reference in section 370.1[e] of this Title).

(g)Tracking.

(1) Acceptance. Used oil transporters must keep a record of each used oil shipment accepted for transport. In addition, owners and operators of used oil transfer facilities subject to permitting under Part 360 of this Title must maintain copies of all invoices. Records for each shipment must 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;

(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, except that intermediate rail transporters are not required to sign the record of delivery; and

(vi) owners and operators of used oil transfer facilities subject to permitting under Part 360 of this Title must include on their shipment records the type of used oil (on-specification or off-specification) and, if on-specification, the method of determination (chemical analysis, pre-characterization, or other).

(2) Deliveries. Used oil transporters must 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. Owners and operators of used oil transfer facilities subject to permitting under Part 360 of this Title must also maintain copies of all invoices. Records of each delivery must 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;

(v) the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter, except that intermediate rail transporters are not required to sign the record of delivery; and

(vi) owners and operators of used oil transfer facilities subject to permitting under Part 360 of this Title must include on their delivery records the type of used oil (on-specification or off-specification) and, if on-specification, the method of determination (chemical analysis, pre-characterization, or other).

(3) Exports of used oil. Used oil transporters must maintain the records described in subparagraphs (2)(i) through (2)(iv) of this subdivision and, if applicable, (2)(vi) of this subdivision for each shipment of used oil exported to any foreign country.

(4) Record retention. Except as specified in subparagraph (i) of this paragraph, the records described in paragraphs (1), (2), and (3) of this subdivision must be maintained for at least three years.

(i) Owners or operators of transfer facilities subject to permitting under Part 360 of this Title must maintain the records for at least seven years.

(h)Management of residues.

Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in section 374-2.2(a)(5) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.5

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

Amended 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