N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.6

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

Section 374-2.6 - Standards for processors and re-refiners

(a)Applicability.

(1) The requirements of this section apply to owners and operators of facilities that process or re-refine used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining. The requirements of this section do not apply to:

(i) transporters that conduct incidental processing operations that occur during the normal course of used oil transportation as provided in section 374-2.5(b) of this Subpart; or

(ii) burners that conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in section 374-2.7(b)(2) of this Subpart.

(2) Other applicable provisions. No person shall construct or operate a used oil processing or re-refining facility unless a permit has been obtained in accordance with section 374-2.10(c) of this Subpart. Used oil processors/re-refiners who conduct the following activities are also subject to the requirements of other applicable provisions of this Subpart as indicated in subparagraphs (i) through (v) of this paragraph.

(i) Processors/re-refiners who generate used oil must also comply with section 374-2.3 of this Subpart.

(ii) Processors/re-refiners who transport used oil must also comply with section 374-2.5 of this Subpart.

(iii) Except as provided in clauses (a) and (b) of this subparagraph, processors/re-refiners who burn off-specification used oil for energy recovery must also comply with section 374-2.7 of this Subpart. Processors/re-refiners burning used oil for energy recovery under the following conditions are not subject to section 374-2.7 of this Subpart:

(a) used oil that is generated by the processor/re-refiner may be burned in an on-site space heater, provided that the requirements of section 374-2.3(d) of this Subpart are met; or

(b) the used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing;

(iv) Processors/re-refiners 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; and

(v) Processors/re-refiners who dispose of used oil also must comply with section 374-2.9 of this Subpart.

(b)Notification

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

(2) Mechanics of notification. Used oil processors or re-refiners 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) processor or re-refiner company name;

(b) owner of the processor or re-refiner company;

(c) mailing address for the processor or re-refiner;

(d) name and telephone number for the processor or re-refiner point of contact;

(e) type of used oil activity (i.e., process only, process and re-refine); and

(f) location of the processor or re-refiner facility.

(c)General facility standards.

(1) Preparedness and prevention. Owners and operators of used oil collection centers, transfer, processing and re-refining facilities must comply with the following requirements:

(i) Maintenance and operation of facility. Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water which could threaten human health or the environment.

(ii) Required equipment. All facilities must be equipped with the following, unless none of the hazards posed by used oil handled at the facility could require a particular kind of equipment specified in clauses (a) through (d) of this subparagraph:

(a) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(b) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

(c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(d) water at adequate volume and pressure to supply water hose streams, or foam-producing equipment, or automatic sprinklers, or water spray systems.

(iii) Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(iv) Access to communications or alarm system.

(a) Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required in subparagraph (ii) of this paragraph.

(b) If there is ever just one employee on the premises while the facility is operating, the employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance.

(v) Required aisle space. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

(vi) Arrangements with local authorities.

(a) The owner or operator must attempt to make the following arrangements, as appropriate for the type of used oil handled at the facility and the potential need for the services of these organizations:

(1) arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

(2) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and

(4) arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(b) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.

(2) Contingency plan and emergency procedures. Owners and operators of used oil collection centers, transfer, processing and re-refining facilities must comply with the following requirements:

(i) Purpose and implementation of contingency plan.

(a) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water.

(b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of used oil which could threaten human health or the environment. The facility operator must assure that the provisions of this plan are carried out in the event of an incident covered by it.

(ii) Content of contingency plan.

(a) The contingency plan must describe the actions facility personnel must take to comply with subparagraphs (i) and (vi) of this paragraph in response to fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water at the facility, and actions to be taken if the facility is shutdown for more than 24 hours.

(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR part 112, as incorporated by reference in section 370.1(e) of this Title, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements of this Subpart.

(c) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to subparagraph (c)(1)(vi) of this section.

(d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see subparagraph [v] of this paragraph), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.

(e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems [internal and external], and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(f) The plan must include an evacuation plan for facility personnel, including a description of signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of used oil or fires).

(iii) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:

(a) maintained at the facility; and

(b) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

(iv) Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(a) applicable regulations are revised;

(b) the plan fails in an emergency;

(c) the facility changes - in its design, construction, operation, maintenance, or other circumstances - in a way that materially increases the potential for fires, explosions, or releases of used oil, or changes the response necessary in an emergency;

(d) the list of emergency coordinators changes; or

(e) the list of emergency equipment changes.

(v) Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of used oil handled, the location of all records within the facility, and facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. Guidance: The emergency coordinator's responsibilities are more fully spelled out in subparagraph (vi) of this paragraph. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of used oil handled by the facility, and type and complexity of the facility.

(vi) Emergency procedures.

(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the designee when the emergency coordinator is on call) must immediately:

(1) activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) notify appropriate State or local agencies with designated response roles if their help is needed.

(b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. This may be done by observation or review of facility records of logs, invoices, manifests, bills of lading, or other shipping documents and, if necessary, by chemical analysis.

(c) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).

(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the incident must be assessed and findings reported as follows:

(1) if the assessment indicated that evacuation of local areas may be advisable, the emergency coordinator must immediately notify appropriate local authorities. The coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and

(2) within two hours of detecting a spill, discharge, or release of used oil, the emergency coordinator must notify the department Spill Hotline at (800) 457-7362, or, if calling from out of state, (518) 457-7362. The emergency coordinator must immediately notify either the government official designated as the on-scene coordinator (in the applicable National Contingency Plan under part 300 of title 40 of the Code of Federal Regulations, as incorporated by reference in section 370.1[e] of this Title), or the National Response Center (using their 24-hour toll free number [800] 424-8802). The report must include:

(i) name and telephone number of reporter;

(ii) name and address of facility;

(iii) time and type of incident (e.g., release, fire);

(iv) name and quantity of material(s) involved, to the extent known;

(v) the extent of injuries, if any; and

(vi) the possible hazards to human health, or the environment, outside the facility.

(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other used oil, hazardous waste, solid waste or used oil-derived fuels or products at the facility. These measures must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.

(f) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(g) Immediately after an emergency, the emergency coordinator must provide for recycling, storing, or disposing of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:

(1) no waste or used oil that may be incompatible with the released material is recycled, treated, stored, or disposed of until cleanup procedures are completed;

(2) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed; and

(3) the owner or operator must notify the regional director of the department in the region in which the facility is located and local authorities that the facility is in compliance with subclauses (1) and (2) of this clause before operations are resumed in the affected area(s) of the facility.

(i) The owner or operator must note in the operating record: the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator must submit a written report on the incident to the EPA regional administrator and the regional director of the department in the region in which the facility is located. The report must include:

(1) name, address, and telephone number of the owner or operator;

(2) name, address, and telephone number of the facility;

(3) date, time, and type of incident (e.g., fire, explosion);

(4) name and quantity of material(s) involved;

(5) the extent of injuries, if any;

(6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) estimated quantity and disposition of recovered material that resulted from the incident.

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

(1) To ensure that used oil managed at a used oil processing/re-refining facility is not hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i) (b) of this Subpart, the facility owner or operator must determine whether the total halogen content of used oil managed at the facility is greater than or equal to 1,000 ppm. The owner or operator must make this determination, upon arrival of every used oil transport vehicle at the facility, by obtaining a sample from each incoming load, in accordance with Appendix 19 of this Title or a method shown to be equivalent under section 370.3(a) and (b) of this Title. Such sample must be tested by using an analytical method from SW-846, as incorporated by reference in section 370.1(e)(8) of this Title, to determine whether the total halogen content of the load, whether or not commingled from various generators, is greater than or equal to 1,000 ppm.

(i) If the tests for total halogens are performed at other than a department acceptable laboratory, then five percent of all tests must have split samples taken and transmitted to a laboratory acceptable to the department.

(2) 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 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.

(3) If the owner or operator of a used oil processing/re-refining facility does not attempt or is unable to rebut the presumption, the owner or operator must immediately contact the appropriate department Regional Environmental Remediation Engineer and reject the load, in accordance with the procedures of paragraph (f)(3) of this section.

(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.

(e)Used oil management.

Used oil processors/re-refiners 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 processors/re-refiners 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) Management units. Used oil processors/re-refiners 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 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.

(3) Condition of units. Containers and aboveground used oil tanks used to store or process used oil at processing and re-refining facilities must be:

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

(ii) not leaking (no visible leaks).

(4) Secondary containment for containers. Containers used to store or process used oil at processing and re-refining 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; and

(b) a floor. The floor must cover the entire area within the dike, berm or retaining wall; or

(c) an equivalent secondary containment system.

(ii) The entire containment system, including walls and floor, 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.

(5) Labels.

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

(6) 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 also 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 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.

(7) Closure.

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

(a) At closure of a tank system, the owner or operator must remove or decontaminate used oil residues in tanks, contaminated containment system 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 in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills (section 373-3.14[d] 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 storage has ceased:

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

(b) the owner or operator must remove or decontaminate used oil residues, contaminated containment system 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 of 40 CFR 280, subpart G, as incorporated by reference in section 370.1(e) of this Title.

(f)Quality control plan.

Owners or operators of used oil processing and re-refining facilities must develop and follow a written quality control plan describing the procedures that will be used to comply with the analysis requirements of subdivision (d) of this section and, if applicable, section 374-2.8(c) of this Subpart. The owner or operator must keep the plan at the facility, and must receive approval from the department for any changes to an approved plan before implementation of such changes.

(1) Rebuttable presumption for used oil in subdivision (d) of this section. At a minimum, the plan must provide a detailed description of how all incoming loads of used oil will be tested for total halogen content, specifying the following:

(i) the sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:

(a) one of the sampling methods in Appendix 19 of this Title; or

(b) a method shown to be equivalent under section 370.3(a) and (b) of this Title;

(ii) the frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and

(iii) the methods used to analyze used oil for the parameters specified in subdivision (d) of this section.

(2) On-specification used oil fuel in section 374-2.8(c) of this Subpart. At a minimum, the plan must specify or include the following if section 374-2.8(c) of this Subpart is applicable:

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

(ii) whether sample analyses or other information will be used to make the on-specification determination;

(iii) if sample analyses are used to make the on-specification determination:

(a) the sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:

(1) one of the sampling methods in Appendix 19 of this Title; or

(2) a method shown to be equivalent under section 370.3(a) and (b) of this Title;

(b) whether used oil will be sampled and analyzed prior to or after any processing/re-refining;

(c) the frequency of sampling to be performed; and whether the analysis will be performed on-site or off-site; and

(d) the methods used to analyze used oil for the parameters specified in section 374-2.8(c) of this Title.

(iv) the type of information that will be used to make the on-specification used oil fuel determination; and

(v) a description of what procedures and precautions will be taken to assure that on-specification used oil is not contaminated with foreign substances that would cause the used oil to be classified as off-specification.

(3) Management of materials suspected or determined to be hazardous waste. The plan must provide detailed procedures as to how the owner or operator will handle a load of used oil that is suspected to be, or is determined to contain a listed hazardous waste. This plan must include the following:

(i) a description of the procedures to be used if the load is rejected prior to being off-loaded at the facility;

(ii) a description of the procedures to be used if the load is off-loaded at the facility and is later found to contain a listed hazardous waste; and

(iii) a description of the procedures for notifying the department if a load of used oil is rejected from the facility due to the potential of the load containing a listed hazardous waste. These procedures must include the notification by the facility operator to the appropriate department Regional Environmental Remediation Engineer immediately by phone and within three days by letter.

(g)Tracking.

(1) Acceptance. Used oil processors/re-refiners must ensure that used oil is transported to their facilities only by transporters who are permitted, as required by Part 364 of this Title. Used oil processors/re-refiners are required to confirm that the transporters delivering used oil to their facilities carry a valid Part 364 waste transporter permit, if required. Used oil processors/re-refiners must keep copies of invoices for each used oil shipment accepted for processing/re-refining. Records for each shipment must include the following information:

(i) the name and address of the transporter who delivered the used oil to the processor/re-refiner;

(ii) the name and address of the generator, transfer facility or processor/re-refiner from whom the used oil was sent for processing/re-refining;

(iii) the EPA identification number of the transporter who delivered the used oil to the processor/re-refiner;

(iv) the EPA identification number (if applicable) of the generator, transfer facility or processor/re-refiner from whom the used oil was sent for processing/re-refining;

(v) the quantity of used oil accepted;

(vi) the type of used oil (on-specification or off-specification) and, if on-specification, the method of determination (chemical analysis, pre-characterization); and

(vii) the date of acceptance.

(2) Delivery. Used oil processors/re-refiners must keep copies of invoices for each shipment of used oil that is shipped to a used oil burner, processor/re-refiner, or disposal facility. This record may take a form of a log, invoice, manifest, bill of lading, or other shipping document. Records for each shipment must include the following information:

(i) the name and address of the transporter who delivers the used oil to the burner, processor/re-refiner or disposal facility;

(ii) the name and address of the burner, processor/re-refiner or disposal facility who will receive the used oil;

(iii) the EPA identification number of the transporter who delivers the used oil to the burner, processor/re-refiner or disposal facility;

(iv) the EPA identification number of the burner, processor/re-refiner, or disposal facility who will receive the used oil;

(v) the quantity of used oil shipped;

(vi) the type of used oil (on-specification or off-specification) and, if on-specification, the method of determination (chemical analysis, pre-characterization); and

(vii) the date of shipment.

(3) Record retention. The records described in paragraphs (1) and (2) of this subdivision must be maintained for at least seven years.

(h)Operating record and reporting.

(1) Operating record.

(i) The owner or operator of a used oil processing or re-refining facility must keep a written operating record at the facility.

(a) The operating record must include the facility's used oil tracking records, as described in subdivision (g) of this section.

(b) Unless otherwise specified in Part 613 of this Title, records of inspections must be maintained in the facility's operating record for a period of seven years.

(ii) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility;

(a) records and results of used oil analyses performed as described in the quality control plan required under subdivision (f) of this section; and

(b) summary reports and details of all incidents that require implementation of the contingency plan as specified in paragraph (c)(2) of this section.

(2) Reporting. No later than March 1st of each calendar year, the owner or operator of a used oil processing or re-refining facility must file with the department's central office and the department office administering the region in which the facility is located, an annual report for the prior calendar year in a form prescribed by or acceptable to the department. The report must include the following information:

(i) facility name, address, EPA identification number, contact person, phone number and location;

(ii) the calendar year covered by the report;

(iii) a listing of each storage tank and its capacity;

(iv) a monthly summary of all incoming and outgoing loads since the last report which must include:

(a) a list of the names, addresses, and EPA identification numbers of the originating facilities from which used oil was accepted (if used oil is received from numerous facilities under one load, the transporter's name, Part 364 permit number, and EPA identification number can be used);

(b) a list of the names, addresses and EPA identification numbers of the off-site receiving facilities to which oil was shipped; and

(c) a summary by type of the quantity of used oil accepted from or shipped to the facilities listed under clauses (a) and (b) of this subparagraph (on-specification or off-specification), and the manner in which the used oil is processed/re-refined, including the specific processes employed.

(v) if, since the last report, any chemical analysis was performed on the used oil received by the facility for the purpose of checking on-site screening for total halogens, a tabulation of the data from any such analysis and the associated total halogen screening data;

(vi) a description of any spills or emergencies that occurred at the facility since the last report and corrective actions taken in response to such occurrences;

(vii) a list of any unacceptable used oil that was rejected or received by the facility since the last report and how it was handled. Unacceptable used oil must be managed in accordance with the permittee's used oil quality control plan for the management of materials suspected or determined to be hazardous waste, as required by paragraph (f)(3) of this section. This list must include the date the shipment was rejected or received, the quantity of material rejected, the Part 364 permit number of the transporter of the rejected load, and the EPA identification number of the transporter of the rejected load; and

(viii) a description of any operational changes since the last report or anticipated future changes to the facility.

(i) Off-site shipments of used oil. Used oil processors/re-refiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an EPA identification number and who is authorized under Part 364 of this Title.

(j)Management of residues.

Owners and operators who generate residues from the storage, processing, or re-refining 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 §§ 374-2.6

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