Thursday
September 10. 1992
Part III
Protection Agency
40 CFR Part 260r et aL
Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste; Recycled Used Oil Management
Standards; Final Rule /
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* f
41566 Federal Register / Vol. 57, No. 176 / Thursday, September 10, 1992 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
a' * 'iii|, i'
40 CFR Parts 260,261,266,271 and
279
IFRL-4153-6]
R!N:20S0-AC17
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Recycled Used Oil
Management Standards
ACEHCV: U.S. Environmental Protection
Agency.
ACTION: Final rule,
SUMMARY; The Agency is promulgating a
final listing decision for used oils that
are recycled and is simultaneously
promulgating standards for the
management of used oil under RCRA
section 3014. EPA has made a final
Hating decision for used oils that are
recycled based upon the technical
criteria provided in sections 1004 and
3001 of RCRA. EPA determined that
recycled used oil does not have to be
listed as a hazardous waste since the
used oil management standards issued
in this rulemaking are adequately
protective of human health and the
environment These standards cover
Used oil generators, transporters,
processors and re-refiners, burners, and
marketers. These standards are
promulgated under the authority of
section 3014 of RCRA and will be
codified in a new part 279 of chapter 40
of the Code of Federal Regulations.
When these management standards go
into effect, service station dealers who.
collect used oil from do-it-yourself (DIY)
generators and who are in compliance
with the standards promulgated, may be
eligible for the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) section 114(c) liability
exemption. EPA is continuing to
evaluate the potential hazards
associated with management of used oil.
When this analysis is completed, the ,
Agency will publish Notice(s) of Data
Availability in the Federal Register over
the next several months, as necessary.
EPA will also, at that time, solicit
opinion from the public on what, if any,
additional steps may be'necessary
regarding used oil management
tPFECTivK DATE: March 8,1993.',
ADDRESSES:"the regulatory docket for
this rulemaking is available for public
inspection at room 2427, U.S.
Environmental Protection Agency, 401M
Street, SW.. Washington, DC 20460 from
9 a.m. to 4 p.m., Monday through Friday,
except for Federal holidays. The docket
number is F-92-UO2F-FFFFF, the
public must make an appointment to
review docket materials by calling (202)
260-9327. The public may copy a
maximum of 100 pages from any
regulatory document at no cost.
Additional copies cost $.20 per page.
FOR, FURTHER INFORMATION CONTACT: * :
For general information contact tEe
RCRA Hotline, Office of Solid Waste,
U.S. Environmental Protection Agency,
401M Street, SW., Washington, DC
20460; Telephone (800) 424-9346 (toll
free) or, in the Washington, DC,
metropolitan area at'(703) 920-9810.
For information on specific aspects of
this rule, contact Ms. Rajani D. Joglekar,
telephone (202) 260^-3516, or Mi. Eydie
Pines, telephone (202) 260-3509, U.S.
EPA, 401M Street SW., Washington, DC
20460.
SUPPLEMENTARY INFORMATION: The
contents of today's preamble are listed
in the following outline:
I. Authority
II. Background
A. Authorities and Regulations Covering
Used Oil Management
1. Statutory Authority ..'.-.
2. Regulatory Actions Related to Used Oil
B. Summary of May 20,1992 Federal
Register Notice (Final Listing Decision
for Used Oils Destined for Disposal)
C. Current Federal Regulations Governing
Disposal of Used Oil
III. Summary of Major Comments to 1985
Proposal and 1991 Supplemental Notice
A. Comments Received in Response to the
1985 Proposed Rulemaking
1. Comments on 1985 Proposed Listing
Decision . ,
2. Major Comments on 1985 Proposed
Management Standards for Recycled
Used Oil
B. Comments Received in Response to 1991
Supplemental Notice
1. Listing Used Oil
2. De Minimis Mixtures
3. Controlling Disposal of Used Oil
4. DIY-GeneratedUsedOil .
5. Criteria for Recycling Presumption
6. Ban on Use as a Dust Suppressant
7. CERCLA Liability Issues
B. Storage
9. Secondary Containment for Tanks
10. Financial Responsibility
11. Permit-By-Rule
IV. Definition of Used Oil
V. Listing Determination for Recycled Used
Oil -
- A. General ,
B. Summary of EPA's Listing Determination
and Rationale for Recycled Used Oils
VI. Final Management Standards for
Recycled Used Oils
A. General Approach for Used Oil
Management
B. Recycling Presumption .. .
C. Rebuttabje Presumption of Mixing for
Used Oil
1. Metalworking Oils .
2. Compressor Oils from Refrigeration
Units Containing CFCs
, T,," , ' '" ' , " : >">' ". ' ,,'~ ., ''
D. Summary of New Part 279
1. Applicability
2. Standards for Used Oil Generators
3. Standards for Used Oil Transporters
4. Standards for Used Oil Processing and
Re-Refining Facilities
5. Standards for Burners of Off-
'. Specification Used Oil Fuel
6. Standards for Used Oil Fuel Marketers
7. Standards for Disposal of Used Oils and
Use as a Dust Suppressant
E. Response to Major Comments
1. Listing Used Oil as a Hazardous Waste
2, Mixtures
3. Controls on Disposal
4. DIY-Generated Used Oils
5. Recycling Presumption Criteria v
6. Ban on Road Oiling
7. CERCLA Liability
8. Storage
9. Secondary Containment
10. Financial Responsibility
11. Permit-By-Rule
12. Definition of Used Oil
VII. Effective Date
VIII. State Authorization
A. Applicability in Authorized States
B. Administration
DC. Relationship of this Rule to Other
Programs
A. RCRA
B. MARPOL 73/78
C. Clean Water Act (CWA) ; .
D. Comprehensive Environmental :
Response, Compensation and Liability
Act (CERCLA)
E. Hazardous Materials Transportation Act
(HMTA) . ' .
F. Toxic Substances Control Act (TSCA)
X. Regulatory Impact Analysis ,;
XI. Regulatory Flexibility Analysis
XIL Paperwork Reduction Act .,
I. Authority
This regulatory decision and the
regulations promulgated today are
issued under the authority of sections
1004," 1006, 2002, 3001,3014, and 7004 of
the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act, and as amended by
the Used Oil Recycling Act, as amended,
42 U.S.C. 6901. 6905, 6912(a), 6921
through 6927, 6930, 6934, 6935, 6937
through 6939 and 6974.
II. Background
/ ' ' s
A. Authorities and Regulations Covering
Used Oil Management
1. Statutory Authority
Section 3014 of RCRA requires EPA to
establish standards applicable to
recycled used oil that will protect public
health and the environment and, to the
extent possible within that context, not
discourage used oil recycling. Section
3014 was added to the RCRA statute by
the Used Oil Recycling Act (UORA) of
1980. The UORA required the Agency to
establish performance standards and
other requirements "as may be "..".
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Federal Register / Vol. 57, No. 176 I Thursday, September 10, 1992 /Rulesand Regulations 41567
necessary to protect the public health
and the environment from hazards
associated with recycled oil" as long as
such regulations "dp not discourage the
recovery or recycling of used oil."
The Hazardous and Solid Waste
Amendments of 1984 (HSWA)
reemphasized that the protection of
human health and the environment was
to.be of primary concern in the -'
regulation of hazardous waste. Specific
to used oil, HSVVA,slightly altered the
language of RCRA section 3014 to direct
the Administrator to promulgate; '''';.-'
regulations as may be necessary to
protect human health and the "
environment from hazards associated
with recycled oil. In developing such
regulations, the Administrator shall
conduct an analysis of the economic
impact of the regulations on the oil
recycling industry. The Administrator
shall ensure that such regulations do not
discourage the recovery or recycling of
used oil consistent with the protection
of human health and the environment.
(Emphasis added to highlight HSWA ;
language amending RGRA section
30i4(a}.) "yt,/ ,
EPA is therefore directed to ."? ;
promulgate standards for the handling
and management of recycled oil. Section
1004 of RCRA, in defining theterm
"recycled oil," includes used oil being
reused for any purpose, including used
oil being re-refined, or being processed
into fuel. EPA believes that section 3014
alsoTprovides authority for establishing
management standards that specifically
include used oil being stored, collected
or otherwise managed prior to recycling.
2. Regulatory Actions Related to Used
on, .;';-ป';"':-':-''" -: .:ซ.-.-;
/Oa December 18,1978, lEPA initially
proposed guidelines and regulations for,'
the management of hazardous wastes .as
well as specific rules for the ,
identification and listing of hazardous .
wastes under section 3001 of the 1
Resource Conservation and Recovery
Act [RCRA) (43 FR 58946). At that time,
EPA proposed to list waste lubricating
oil and waste hydraulic and Cutting oil *
as hazardous wastes on the basis of
their toxicity. In addition, the Agency
proposed recycling regulations to .
regulate (1) the incineration or burning
of used lubricating, hydraulic,
transformer, transmission, or cutting oil
that was hazardous and (2) the use of
waste oils in a manner that constituted
disposal.2 . .;.; ;
In the May 19,1980 regulations (45 FR
33084), EPA decided to defer
promulgation of the recycling
regulations for waste oils to consider
fully whether waste- and use-specific
standards may be implemented in lieu of
imposing the full set of. Subtitle C
. regulations on potentially recoverable
and valuable materials. At the.same
time, EPA deferred the listing of waste
oil for disposal so that the .entire waste
oil issue could be addressed at one time.
Under the May 19,1980 regulations,
however, any waste oil exhibiting one of
the characteristics of hazardous waste ;
(ignitability, corrosivitvj reactivity, and
toxicity) that was disposed, or
accumulated, stored, or treated prior to
disposal, became, regulated as a * .
hazardous waste subject to all .
applicable Subtitle C regulations. .
As explained above, HSWA made
protection of human health and the -L
environment the prominent concern in
the Agency's regulatory decisions for
used oil and required EPA to propose
whether to identify or list used
automobile and truck erankcase oil by
Novembers, 1985. HSWA also required
EPA to make a final.determmation as to
whether to identify or list any or all
used oils by November 8,'1986. On
November 29,1985 (50 FR 49258}, EPA
proposed to list all used oils as
hazardous waste, including petroleum-
derived and synthetic oils,, based on the
presence of toxic constituents at levels
of concern from contamination during '
use and adulteration after use. Also on
November 29t 1985. the Agency
:proposed management standards for
recycled used oil (50 FR 49212) and ',"
issued final regulations, incorporated at
40 CFR part 266, aubpart E, prohibiting
the burning of off-specification used oil
fuels 3 in non-industrial boilers and ,
furnaces (50 FR 49164). Marketers of
used oil fuel and industrial burners of:
off-specification fuel are required to
notify EPA of their activities and to
comply with certain notice and ,
recordkeeping requirements. Used oils.
that meet the fuel oil specification are
exempt from most of the 40 CFR part
268, subpart E regulations:
On March 10,1986 (51 FR 8206), the
Agency published a Supplemental
Notice requesting comments on
* The term ."waste oil" included both .osed and :
unused .oils that may no longer be used for their
original purpose. ', "
2 "Use in a manner constituting disposal" means
the placement of hazardous waste dlrecfly'onto the
land in a manner constituting disposal or the use of
the solid waste to produce products that are applied
to or placed on the land or are otherwise contained
in products jhat are applied to or .placed on the land
I40CFR281.2(c)(I)J. ,
8 Used Oil that exceeds any of the following
specification levels is considered to be "off-
specifieatiari" used oil under 40 GFR 268,4Q{e]C
Arsenic5 ppm, Cadmium2 ppouChromluni-^-ia
ppm, Lead100 ppm. Flash Point-100 ฐF minimum.
Total Halogens^ ppm.
additional aspects of the proposed i "
listing of used oil as hazardous waste. In
particular, commenters to the November
29,1985, proposal suggested that EPA
consider a-regulatory option of only ;
listing used oil as a hazardous waste
when disposed, while promulgating
special management standards, for used
oil that is recycled. :
On November 19,1986, EPA issued a
decisionnot to list as-a hazardous waste
used oil that is recycled (51 FR 41900).-
The Agency determined that used oil :
being recycled should hot be listed ks a
hazardous waste under RGRA. The EPA
stated in the November 1986 decision
that the Agency intended to issue
recycled used oil management standards.
; and was conducting studies necessary -.
to determine what standards are , ' ' ;
. appropriate under ง 3014 of RCRA and
to determine whether used oil being -" ,s.
disposed of should be h'sted as a RCRA
'hazardous waste, orregulated under
other statutes. At that time, it was the" ;
Agency's belief that the stigmatic effects
associated with a hazardous waste
listing might discourage the recycling of
used oil, thereby resulting in increased
disposal of used oil in uncontrolled
manners. EPA stated that several '
residues, wastewaters, and sludges
associated with the recycling of used oil
: may be evaluated to determine if a. ;
hazardous waste listing was necessary,
even if used oil was not listed as a
hazardous waste. EPA also outlined a
plan that included makmg the
, determination whether to list:used'oil
being disposed as hazardous waste :and
promulgation of special management '
standards for recycled 'oil. : *- -"
,^A's decision noHbhst;usedbif as' a
hazardbus waste based on the pot^htial
stigmatic.:effecis was challenged'by the;-'
Hazardous' Waste;Treatmeht Council,;;
the Association of Petroleum Re-
refiners, and the Natural Resources
Defense Council; The petitioners
claimed that (1) the language of RCRA '
^indicated that in'determining whether to
list used oil as a hazardous waste, EPA
may consider technical characteristics
of hazardous waste,: but not the
"stigma" that a hazardous listing might
involve, and (2) that Congress intended '
EPA to consider the effects of listing on
the recycled oil industry only after the
initial listing decision. ' ;
On October 7,1988, the Court of
Appeals for the District of Columbia
found that EPA acted contrary to law in :
its determinatidn not to h'st used oil "
under RGRA section 3001 based on the ;
stigmati.c effects. (See Hazardous Waste
Treatment Council v. EPA, 861 F.2d 27O
(EJ.C.Cir/i988)fHWTCfl;)>The court
ruled that EPA must determine whether
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,41568 Federal Register. /.VoU 57. No. 176 / Thursday, September 10f 1992,/. Rules and^Regulations
to list any used oils based on the
technical criteria for waste listings
specified in the statute.
After the 1988 court decision, EPA
began to re-evaluate its basis for making
a listing determination for used oil. EPA
reviewed the statute, the proposed rule,
and the many comments received on the
proposed rule. Those comments
Indicated numerous concerns with the
proposed listing approach. One of the
most frequent concerns voiced by
commcntcrs was related to the quality
and "representativeness" of the data
used by EPA to characterize used oils in
1085. Numerous commenters indicated
that "their oils" were not represented by
the data and, if they were represented,
those oils were characterized after being
mixed with other more contaminated
oils or with other hazardous wastes.
Many commenters submitted data
demonstrating that the used oils they
generate, particularly industrial used
oils, did not contain high levels of
toxicants of concern,
In addition, the Agency recognized
that much of the information in the 1985
used oil composition data was more
than five years old, as most of the
information was collected prior to 1985.
Since the time of that data gathering
effort, used automotive oil composition
may have been affected by the phase-
down of lead in gasoline. The Agency
also recognized the need to collect
analytical data addressing specific
classes of used oils as collected and
stored at the point of generation (i.e., at
the generator's facility).
Finally, the promulgation of the
toxicity characteristic (TC) (55 FR 11798,
March 29,1990) is known to identify
certain used oils as hazardous waste.
Due to the possibility of changes in used
oil composition since the Agency's 1985
proposed listing decision and the new
TC, the Agency recognized that
additional data on used oil
characterization may be needed prior to
making a final hazardous waste listing
determination.
On September 23,1991, EPA published
a Supplemental Notice of Proposed
Rulemaking for the identification and
listing of used oil and for management
standards for recycled used oil (56 FR
48000). The 1991 Supplemental Notice
presented supplemental information
gathered by EPA and provided to EPA
by individuals commenting on previous
notices on the listing of used oil and
used oil management standards. As
discussed above, numerous commenters
on the 1985 proposal to list used oil as
hazardous contended that the broad
listing of all used oils unfairly subjects
them to stringent Subtitle C regulations
because their uped oils are not
hazardous. Based on those comments,
the Agency collected a variety of
additional information regarding various
types of used oil, their management, and
their potential health and environmental
effects when mismanaged. The 1991
Supplemental Notice presented this new,
information to the 'public and requested
comment on the information,
particularly if and how the information
suggests new concerns that EPA should
consider in deciding whether to finalize
all or part of its 1985 proposal to list
used oil as a hazardous waste.
In addition, the 1991 Supplemental
Notice expanded upon the November 29,
1985 (50 FR 49258) proposal to list used
oils as hazardous and the March 10,
1988 (51 FR 8206} Supplemental Notice
by discussing regulatory alternatives not
previously presented in the Federal
Register. Based 011 the public comments
received relative to these two notices,
the Agency investigated several
important aspects of used oil regulation.
The Supplemental Notice also contained
a request for comments on additional
issues related to the "mixture rule" (40
CFR 261.3(a)(2)(iii)}, on test methods for
determining halogen levels in used oils,
and on new data on the composition of
used oil and used oil processing
residuals. For these aspects, the Agency
identified alternative approaches that
were not presented explicitly in the
earlier notices. Those new' alternatives
were presented in the 1991
Supplemental Notice.
' The 1991 Supplemental Notice also
discussed the Agency's proposal to .
amend 40 CFR 261.32 by adding four
waste streams from the reprocessing
and re-refining of used oil to the list of
hazardous wastes from specific sources.
The wastes from the reprocessing and
re-refining of used oil include process
residuals from the gravitational or
mechanical separation of solids, water,
and oil (K152); spent polishing media
used to finish used oil (K153); distillation
bottoms from used oil processing and re-
refining (K154); and treatment residues
from primary wastewater treatment
(K155).
The 1991 Supplemental Notice also
included a description of some of the
management standards (in addition to or
in place of those proposed in 1985) that
EPA considered in promulgating today's
final rule.
On May 20,1992, EPA proposed a
Hazardous Waste Identification Rule
describing two alternative approaches
for hazardous waste identification under
RCRA. The first proposed approach
would establish concentration based
exclusion criteria (CBEC) for listed
hazardous wastes, waste mixtures,
derivatives, and contaminated media.
The second approach an expanded
characteristic option (ECHO) would
establish "characteristic" levels for
listed hazardous wastes,- waste
mixtures, derivatives, and contaminated
medial (57 FR 21450). Depending upon
which approach the Agency finalizes,
the manner in which EPA regulates
mixtures of used oil and hazardous
waste may change.
~B. Summary of May 20,1992 Federal
Register Notice (Final Listing Decision
for Used Oils Destined for Disposal)
On May 20,1992, EPA published a
final rule that addressed the listing of
used oils that are disposed, excluded
non-terne plated used oil filters that
have been drained to remove used oil
from the definition of hazardous waste,
and deferred a final listing
determination on residuals from.the
processing and re-refining of used oil (57
FR 21524). Four separate actions were
taken and are discussed below.
First, the Agency promulgated a final
decision not ta list used oils destined for
disposal. This decision was based
primarily upon the finding that all used
oils do not typically and frequently meet
the technical criteria for listing a waste
as hazardous. In making the final listing
determination for used oil destined for
disposal, EPA also gave considerable
attention to the current federal
regulations governing the management .
of used oils that are disposed. EPA
evaluated the technical criteria for
listing in light of the current regulatory
structure that controls the management .
of used oils and concluded that any
plausible mismanagement of used oil
that is destined for disposal is '_ '
addressed by current requirements.
Existing regulations that cover used oil
destined for disposal are discussed
briefly at the end of this section. In
addition, if a used oil that is destined for
disposal exhibits a characteristic, it is
regulated as a hazardous waste under
subtitle C. -
Second, the Agency decided to defer a
decision on listing and management
standards for used oil that is recycled
(this decision is included in today's
rule). - . '
Third, the Agency promulgated a final
exemption from the definition of
hazardous waste in ง 261.4 for certain
used oil filters. The filters that received
the exemption are non-terne-plated used
oil filters that have been hot-drained to
remove .used oil. (Terne is an alloy of tin
and lead.) Hot-drained means draining
used oil from a filter while the engine is
at operating temperature, when oil flows.
easily. Based on data submitted to EPA,
npn-teme-plated, hot-drained used oil
-------
filters do not typically and frequently
exhibit the Toxicity Characteristic.
, Fourth, the Agency announced its
deferral of a final decision on whether
or not to list residuals from the
processing and re-refining of used oil.
The Agency stated that it will continue
to evaluate the composition of used oil
recycling residues and the management
of these residues. The reason for
continued evaluation of residuals is that
recycling techniques and waste
management practices that evolved
during the past six years have resulted
in residual composition changes.
C. Current Federal Regulations
Governing Disposal of Used Oil
Currently, there are several regulatory
programs in place to control the storage
and transportation of used oil,: to protect
against releases to the ground, ground
water, and surface waters,, to protect
against improper disposal of used oils,
to prevent the burning of used oils with
high levels of toxic constituents in
certain units, and to cdntrol the
management of used oils containing
PCB's. Several of these programs have
, been proposed and/or promulgated
since 1985^ and some have been in place
since before 1985. The Agency has
decided that these current regulations
- are, protective, butare-"not complete or -
sufficient to protect human Jbtealth and
the environment from potential
mismanagement of used oils that are
recycled. Therefore, in addition to the
existing regulations, used oil handlers
will; have to comply.with additional
management standards that EPA is ,
promulgating today, such as ,
recordkeeping and analysis
requirements, and a requirement for
containment consisting of impervious
floor and dikes/berms. The current
regulatory programs are described
-bejow. ; ., , . . C , ,, .
The storage of used oil in underground
tanks is controlled under subtitle I of
RCRA (40 CFR part 280). These
regulations require that underground
tanks be properly maintained, operated,
protected from corrosion, and.Jhat any
spills are properly cleaned up. Other
existing storage tank standards are
found under the Clean Water Act Spill
Prevention Control and
Countermeasures (SPCC) requirements.
SPCC requirements regulate the storage
of materials, including used oil, in
aboveground and in underground tanks
undet certain circumstances. The Clean-
Water 'Act also requires reportihg-of :
releases of oil into navigable waters if a
sheen appears on the water, if any
water quality standards are violated, or
if a sludge is. deposited beneath the
surface of the water. The recently
enacted Oil Pollution Act revised the
SPGC requirements of the Clean Water
'' '" ' " ' ''
., . . .
Regulations promulgated pursuant to
MARPOL 73/78, Annex I, act to control
shipboard management of used oil and
releases of used oil to navigable waters.
Bilge slops are a commonly generated
waste on-board ships that contain used
oil; MARPOL prevents this waste from
being discharged into the sea in an . . .
unrestricted manner. :
The transport of used oil is regulated
under the Department of
Transportation's Hazardous Materials
Transportation Act (HMTA). Used oil
;that meets the criteria for being :
"combustible" or "flammable" is
regulated under DOT requirements for
classification, packaging, marking,
labeling, shipping papers, placarding,
recordkeeping and reporting; ' -
The burning of used oil for energy
recovery is subject to existing standards
under RCRA (40 CFR part 266, subpart
E). These standards include
requirements for marketers of used oil, .'.-
such as notification, analysis,
recordkeeping, and invoices for each
shipment. Off-specification used oil
must be burned in industrial boilers vor
furnaces only. The "specification'Mevels
for .used oil that will be burned for
energy recovery include levels for
metals, halogens, and flash point. These
existing standards promulgated in 1985
are recodified in part 279 today.: '
The manufacture, use, import, and
disposal of polycblorinated biphenyls
(PCBs) in used oils are. controlled under
the Toxic Substances Control Act
(TSCA).TSCA controls the
manufacture, import, use, and disposal
of oils containing over 5O ppm PCBs. In
addition, TSCA requires reporting of
any spill of material containing 50 ppm
or greater PCBs, into sewers, drinking
water, surface water, grazing lands, or
vegetable gardens. The Comprehensive
Environmental Response, '
Compensation, and Liability Act
(CERCLA) requires reporting of any V
pound spill of PCBs into the "..,'
environment. Note that used oils
containing less than 50 ppm of PCBs are
covered under RCRA.
Used oils that are contaminated with
CERCLA hazardous substances (e.g.,
due to the presence of elevated levels of
lead) are subject to CERGLA release
reporting requirements. Therefore,
releases of used oil containing such
contaminants (eg., lead) into the
environmenjt in quantities greater than
the reportable quantity for the :
contaminant must be reported to the ';
National Response- Center. The current
RQs for CERCLA hazardous substances
are listed in 40 CFR 302,4. In addition,
under 40 GFR part 110, any discharge of
oil that violates applicable water quality
.standards or causes a film or sheen oh a
.water surface must be reported to the
National Response Center. ,
.Aa mentioned previously, used oil
handlers-will have to comply with all .
existing regulations (including any
applicable State and local regulations),
and in addition, the new management. -
standards for recycled oil promulgated
today. For the reasons discussed in '
more detail below, EPA believes that
this network of regulations will be , .
sufficient to ensure protection of human
health and the environment.
EL Summary of Major Comments to
1985 Proposal and 1S91 Supplemental
' ' '" ''
A. Comments Received in Response to
the 1335 Proposed Rulemaking^ .-...
1. Comments on 1985 Proposed Listing
/Decision
On November 29, 1985 (50 FR 49239),
EPA proposed to list all used oils as
hazardous waste, including petrbleum-
derivedand synthetic joiis, based on the
presence of toxic constituents at levels
of concern as a result of contamination ;'
during and adulteration after use. In
1985, the Agency also proposed special
management standards for used oils that
are.recycled. Essentially, used oils that
are disposed would have been subject to
full subtitle C regulation, while recycled
used oils could be managed in
accordance with the proposed
management standards developed and
proposed under the authority of RCRA '-
ง3014. ; '
Many comments were received 'on the
Various aspects of the proposed listing
of used' oil, which are summarized as -
follows. Most cpmmenters opposed the
listing of used oil as a hazardous waste.
The reasons given included that EPA's
sampling was unrepresentative and
flawed (/.a, used oil samples were taken
from storage tanks at used oil facilities
rather than from the point of
generation), used oil is no more
hazardous than virgin oiL and the belief
that the levels of constituents EPA found
in used' oils that were sampled and
analyzed do not present a threat to
human health. Some commenters
asserted that EPA's concern is not with
used oil itself but the mixing of used oil
with other constituents that may render
the used oil hazardous only because of
post-use adulteration. 'Therefore, instead
of listing all used oils, commenters
recommended that EPA should list used
oils as hazardous only if other
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Femoral Register / Vol. 57, No. 176 /Thursday, September 10, 1992 /Rules and Regulations
substances have been added after the
oil's initial use.
A large number of commenters
challenged the scope of the listing (i.e.,
definition) and provided a number of
examples where certain used oils should
not be included in the listing because
they do not contain constituents of
concern at concentrations exceeding
health-based levels that would cause the
used oil to bn listed. Some commenters
proposed that only those used oils that
contain toxic constituents, such as lead,
Arsenic, cadmium, chromium, 1,1,1-
trichloroethane, trichloroethyJene,
tetrschloroethylene, toluene, and
naphthalene, should be included in the
listing, A number of commenters
requested that in the proposed definition
of used oil, the phrase "but is not limited
to" should be stricken because it creates
tremendous uncertainty as to what
constitutes a used oil, Commenters also
challenged EPA and indicated that the
Agency exceeded its statutory authority
by Including synthetic and other non-
petroleum derived used oils in the
definition of used oil. Commenters also
requested that used oil destined for
recycling be excluded from the
definition of used oil. A few commenters
also requested that food grade oils be -
excluded because the Food and Drug
Administration regulates these oils and.
requires that they meet health standards
based on human consumption because
they may contact food products. A
number of commenters requested that
EPA exclude dielectric waste oil from
the listing because electrical equipment
is not a source of the contaminants of
concern and that dielectric oils are
already controlled by the Toxic
Substances Control Act.
A number of commenters expressed
concern regarding EPA's proposed
regulatory scope of mixtures of used oil
and other materials. The commenters
were mixed on their support of EPA's
proposed exclusion for wipers
contaminated with used oil. Those that
supported the exemption stated that as
long as a wiper contains no free liquid,
as determined by the paint filter test, it
presents a minimal threat to human
health or the environment. These
commenters also expressed the belief
that there should be no set
concentration limit for used oil in
wipers, but the exclusion should be_
based on whether the wiper contains
free liquids. Those that opposed the
exclusion indicated that contaminated
wipers can contain significant quantities
of PCBs and other toxic constituents and
therefore present a risk to health.
Many commenters supported EPA's
proposal to exempt waste waters
containing de minimi's amounts of used
oil from the definition of hazardous
waste. However, commenters stated
that no set concentration limit should be
established as a de minimis level. A few
commenters opposed this exclusion on
the grounds that it could present a threat
to human health and the environment.
Some commenters requested that the
halogen level promulgated as part of the
rebuttable presumption for used oil fuels
be increased because de minimis
amounts of solvents may inadvertently
become mixed with used oil.
There was overwhelming support to
exempt mixtures of sorptive minerals
and used oil. However, some
commenters requested that the word .
minerals be replaced with materials.
The commenters' rationale was that
minerals are actually adsorbents,
meaning attracted to the surface,
whereas other materials,' such as treated
wood and paper fiber, are absorbents,
meaning becoming part of the material
and more difficult to remove. Thus,'
these commenters asserted, non-mineral
sorbent materials also would pose no
risk to the environment.
2. Major Comments on 1985 Proposed
Management Standards for Recycled
Used Oil
On November 29,1985 (50 FR 49212),
EPA proposed a comprehensive set of
management standards for various
entities handling used oils. These
proposed standards were tailored after
the hazardous waste management
standards of subtitle C, and included
requirements for notification, tracking,
recordkeeping, preparedness and
prevention, testing, storage, and closure.
The handlers included generators,
transporters, recyclers, marketers,
burners, and road oilers.
a. Generator Standards. Concerning
management standards for generators,
. commenters were generally supportive
of EPA's proposed regulations except for
the following comments relating to
specific provisions. Commenters '
expressed concern that the quantity
limit for small quantity generators was
too low. Commenters also advocated a
change from determining a generator's
regulatory status on a monthly basis to a
12-month average limit to account for
periodic and/or seasonal variations in
generation patterns. Commenters
thought that the proposed 90-day time
limit on accumulation did not provide
enough time for generators to
accumulate a full tank of used oil.
Because some facilities generate small
amounts of used oil, some commenters
felt that a 180- or 270-day time limit
would be more appropriate, .
One cotamente.r stated that the ,
requirement to empty a leaking or
otherwise unfit for service tank within
24 hours is unreasonable and more strict
than the hazardous waste requirements.
One commenter stated that it is
unreasonable to require that whenever a
leak in a tank system occurs, the whole
'tank system must then be subject to the
standards for new tank systems. An
example of this inequity, provided by
the commenters, could occur if the tank
system develops a leak because of a
faulty gasket and then the whole system
has to be replaced rather than merely
replacing the gasket. A few commenters
expressed the'opinion that the proposed
standards for used oil storage tanks far
exceed the necessary standards for
protection of human-health and the
environment. Some commenters stated
that requiring secondary containment
for newly installed tanks beyond the
SPCC requirements amounted to
regulatory overkill. One commenter
requested EPA ,to provide clarification
on the definition of tank because many
tank-like structures may be pulled into
the system although they may riot
"warrant regulation. Many commenters
expressed concern that the regulation of
storage in underground tanks under
RCRA ง 3014 would be duplicative of
the standards promulgated under
Subtitle I of RCRA. Many commenters
disagreed with EPA that ground-water
monitoring provides a superior approach
to leak detection. .
b. Transporter Standards. Some
commenters thought that the 10-day time
limit for storing used oil at transfer"
facilities was an inadequate period of
time for transporters to accumulate and ,
consolidate sufficient quantities of used
oil. One commenter requested that an
exemption be provided for generators
that transport used oil from isolated ,
locations to a central storage site, which
would reduce the regulatory burden on
oil and gas production operations,
contract drillers, gas processors, and .
pipeline operators. .
Commenters expressed concern with
the requirement proposed ip. 1985 that
collectors provide,>recycling facilities ,
with lists of their customers. This could
lead to solicitation of the collector's
customers by used oil recyclers, which
could adversely impact the collectors.
c. Recycling Facility Standards. A few
commenters requested that EPA allow
for the co-management of used oil with
hazardous waste under a permi't-by-rule
rather than requiring such facilities to
apply for and obtain a modification to
their existing Subtitle C operating
permit., Commenters also challenged the
fact that while EPA required analysis of
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halogens, there is no EPA-approved test
method for halogens. Some commenters
also objected to the proposed
requirement that facilities that manage
both used oil and other hazardous
wastes test their used oil for indicator
parameters for each hazardous waste
stream. Although many comments were
received concerning testing frequencies,
commenters generally did not agree on
any particular frequency or on whether
or not the Agency should impose a set
testing frequency.
EPA received many comments bpffa
for and against the proposed
requirements that used oil recycling
facilities that are not in compliance with
the permit-by-rule provisions on the
- effective date of the rule comply with
the interim status provisions of 40 CFR
' ,p"art 265. A few commenters pointed out
that corrective action for releases of
used oil to the environment was not
adequately addressed in the 1985
proposed rulernaking.
d. Dust Suppressions The commenters
were generally in favor of banning used
oil for dust suppression; One commenter
requested that EPA consider a,Gage-by-
case approval of used oil as adust. ,
suppressant provided the activity is
permitted and waste analysis is
conducted, A state agency
recommended that the dust suppression
ban be extended to refined oil and oil/
water mixtures. : :
B. Comments Received in Response to
4991 Supplemental Notice,
1. Listing Used Oil
The Supplemental Notice of
September 23,1991 [56 FR 48041),
presented three options for identifying
used oil as a hazardous waste. Option
One was to list all used oils as proposed
on November 29,1985 [50 FR 49239),
based on the.potential for adulteration
during use and environmental damage
.when mismanaged. Option Two was to
list Categories of used oil that were
found to be "typically and frequently"
hazardous because of the presence of
lead, PAHs, arsenic, cadmium,
chromium, and benzene.'Typically and
frequently" was defined to mean that 50
percent or more of the samples in a used
oil category exceeded the levels of
concern. Under Option Three, the
Agency proposed not to list used oils as
hazardous, but rely on management ;
standards developed under section 3014
of RCRA to control mismanagement of
- Oil. ' '."- -,'- -" - ' '".- ' . ;- - .' -
Commenters overwhelmingly'
supported Option Three, not to list used
oil as a hazardous waste, but rely on
management standards. Many of these
commenters suggested that EPA should
encourage recycling through education,
collection, and management standards
instead of a hazardous waste listing.
Many commentera expressed concern
that Usting used oil would have a
negative effect on the used oil recycling
system. These commenters stated that
. due to excessive liability and disposal
costs associated with handling
hazardous wastes, they would be forced
out of business or put of the used oil
management system, They stated that
this would result in having fewer
collection centers resulting in decreased
acceptance of DIY-generated used oil, '
and may lead to further
mismanagement. A few commenters .
pointed out that their lease prohibits the
handling of hazardous materials or
wastes and the listing of used oil as a
hazardous waste would thus force them
out of business or require them to '
negotiate a costly newlease. , ;
Additionally, some commenters,
primarily service stations and oil
changers, are currently voluntarily
accepting DIY-generated used oil. They
stated that listing usedjjil as a
hazardous waste would lead to .the'.
discontinuation of this service because
of the potential liability and the
increased cost of handling used oil.
Some commentera noted that DIY-
generated used oil presents the biggest
threat to human health and the
environment because it is often
disposed of improperly. Another view
point shared by many commenters was
that used oil is a resource that is
recyclable as lube oil feedstock or as a
fuel substitute, and EPA should not-
designate a valuable commodity as
hazardous waste. _
A few commenters stated that used oil
should not be listed because it is no
longer hazardous due toEPA?s lead
phase-down program.-In addition, EPA's
analyses of used oil were based on too
few samples and these-were
unrepresentative of actual conditions.
Some commenters expressed a
reluctance to have EPA list used oil as a
hazardous, waste, but urged EPA, if used
oil is.-to.be listed^ to list only those used.
oils that are disposed and not list used
oils that are recycled. " .-'
A few commenters supported the .
proposal to list all used oils aa
hazardous waste. They stated that used
oil has been historically mismanaged
and presents a threat to human health
and the environment. In addition, they
referenced the "California experience"
in support of listingYThese commenters
said that when California listed used pi!
as a hazardous Waste, the resulting
recycling program within the state
increased the amount of used oil
entering the. used oil management .-.'.
system. '
2. De Minimis Mixtures
EPA proposed exempting wipers, -;
sorptive mmerals* and oil filters that'
have been drained of free-flowing" used
oil from the definition of hazardous. '
waste, if used oil were .listed as a
hazardous waste. EPA expressed its ;
belief that many of these materials may
-jiot pose a threat to humanjiealth and
the environment because of the very
small quantities of used oil involved.
The Agency also proposed the "one- >
drop" standardfor determining whether
~ or not free-flowing used oil is present hi
the mixtures.
The commenters were nearly
unanimous in support of EPA's proposal
to ekclude wipers and sorptive minerals
contammated with small amounts of
used oil from the proposed listing. A
number of commenters requested EPA
to expand the definition of sorptive
minerals beyond the current definition
of clay and diatomaceous earth to -
include synthetic adsorbents and other
natural filter/absorbent media; A few
commenters requested, clarification as to
the status of laundered clean wipers
that dp not contain free- flowing used oil.
A few commenters requested a,
, clarification concerning;recycling of
used oil mixtures with high Btu value
and instances where used oil cannot be
separated from .the mixture fpr burning-a
mixture as a used oil fuel.
3. Controlh'ng Disposal of Used Oil
: EPA believes that certaiij used oils
may require disposal because they can .
not be recycled, fit cases where the used
oil is not recyclable and the disposal of
the used oil is not controlled under the
current subtitle C regulations (e.g.,
because the used oil does not exhibit a
hazardous waste characteristic), EPA
wants to ensure that used oils are
disposed of in an environmentally safe
manner; EPA therefore requested
comment on the appropriateness of
developing guidelines for the disposal of
used oil and the appropriateness of a
total ban on the disposal of used oil.
Commenters supported EPA's
proposal to develop specific guidelines
for the disposal of nonhazardpus oil
under ง 1008 of RCRA. Some
commenters urged EPA not to impose a
total ban on the disposal of .
nonhazardous oil. This is because some
materials (e.g., contaminated soil) can
not be disposed elsewhere in.ah,
economically acceptable fashion. Some
commenters supported a total ban on ..'.
disposal of used oil mainly to ensure .
protection of the grpuniwater and as a
-------
Federal fefjfstei;-
method to promote recycling of all used
oils.
4, DIY-Generated Used Oil
RCRA does not provide the authority
to regulate household-generated waste
prior to collection (eg.. DIY-generated
oil and filters), nor does it give EPA the.
authority to mandate collection
programs for DIY-generated used oil.
Over the past five years, EPA has
developed public informational
brochures to encourage DIY generators ,
to recycle their used oil. EPA may .
develop more educational materials for
the public and the regulated community
on used oil recycling alternatives. EPA
therefore requested comments on how to
Improve the recycling of DIY-generated
used oil.
Many suggestions were received on
ways EPA could encourage the
acceptance and recycling of DIY-
generated used oil. A majority of
commenters, however, said that listing
used oil as a hazardous waste would
discourage recycling of DIY-generated
used oil, primarily because many
facilities Indicated that they would no
longer accept DIY-generated used oil
because of the liability associated with
collecting and handling hazardous
waste. A state government agency
stated that a primary reason service
stations are not accepting DIY-
generated used oil is the uncertainty
over the past few years of whether EPA
will list used oil as a hazardous waste
and thus, require generators that have
used oil on hand to pay for its disposal.
Commenters indicated that the primary
reason for the poor recycling rate of
DIY-generated used oil is because of the
lack of collection centers. Some major
suggestions included the implementation
of a curbside pickup program for DIY-
generated used oil, requiring any entity
selling motor oil to collect DIY-
generated used oil, ensuring that used ,
oil collection facilities be exempted from
CERCLA liability requiring retailers to
list nearby used oil collection centers,
and establishment of a deposit-refund
system. -
5. Criteria for Recycling Presumption
EPA proposed to establish a
presumption that all used oils, once
collected, would be recycled and,
therefore, would be subject to the ,
proposed used oil recycling standards.
However, EPA is aware of certain
categories of used oils (e.g., watery
wctalworking oils, oily bilge water) that
may not be recyclable. Most used oils
can be processed and treated to
manufacture either burner fuel, lube oil
base stock, to feedstock for refining.
However, EPA gave consideration to
providing an opportunity for used oil ',
handlers to rebut the used oil recycling
presumption and avoid compliance with
the used oil recycling standards by
documenting that their used oil is not
recyclable in any manner. EPA
requested comments on the suggested
procedures for rebutting the recycling
presumption and appropriate
documentation.'
The eommenters were nearly
unanimous in their support of the
.recycling presumption. However, the
comments were mixed concerning the
criteria for "recyclability" and the ,
appropriate documentation. One
commenter suggested that a one-time
certification on,the recyclability of a
waste stream is adequate, assuming the
facility's waste management plan does
not change. Many of the commenters
were supportive of the criteria EPA
listed for determining recyclability,
which included BTU content, water '
content, degree of emulsification, 'degree
of viscosity, and the availability of
economically and geographically
acceptable recyclers. However, two
commenters (refiners) stated that since
none of fhe five criteria were examples
of nonrecyclability and that all used oil
can be recycled, whether used oil is
actually recycled is strictly a matter of
cost. One commenter questioned
whether EPA had the authority to
assume that all used oil was recyclable
and, if not, to require certification and
documentation.
Commenters were generally in
agreement concerning the
documentation requirements for the
recycling presumption. There were only
'a few specific comments on the issue.
One commenter suggested that a
generator should not be allowed to
determine recyclability but this .should
be the responsibility'of a recycling
facility. Another commenter suggested
that documentation should be kept on-
site and should not have to be sent to
EPA. ';.
6. Ban on Use as a Dust Suppressant
On November 29,1985 (50 FiR 49259),
EPA proposed to ban the use of used oil
as a dust suppressant (road oiling). The
September 23, l"991, Supplemental
Notice (58 FR 48041) stated that
regardless of whether EPA lists used oils
as a hazardous waste, EPA was still
considering the ban of all used oils used
for dust suppression. Specific comment
was requested on how .used oils could
be used for dust suppression in an
environmentally safe manner.
, Most of the commenters supported the
ban on using any used oil for dust
suppression. Many of these commenters
stated that used oil should not be used
for road oiling given the potential'
adverse impact to water resources due
to rim-off. One commenter pointed out
that surfactant additives in motor-oil are
generally anionic which prevents oil
from bonding strongly to most
negatively charged aggregate articles
resulting in massive run-off. All of the
state agencies commenting on this issue
supported a ban.
Some commenters suggested that EPA
should allow used oil to be used for dust
suppression if it meets certain criteria:
such as not failing a characteristic test
or the specification criteria for used oil
fuel. Other commenters requested that,
nonhazardous used oil be allowed for
road oiling. A few commenters urged the
allowance of water contaminated with
de minimus amounts of used oil to be
used for dust suppression. On a,related
matter, some commenters wanted to
know whether use.of used oil for 'insect
control or as a weed killer is allowed.
7. CERCLA Liability Issues
Section 114{c) of CERCLA contains
the service station dealer's exemption
from liability'under the statute for used
oil. To be eligible for the exemption,
service stations are required to comply
with the section 3014 of RCRA used oil
management standards and accept DIY-
generated used oil. EPA requested
comment on how, to .ensure that small
quantity generators could be eligible for
this exclusion if they were conditionally
excluded from most of the regulatory
requirements similar to subtitle C.
The commenters were in agreement ,
that the service station exclusion
contained in section 114(c) of CERCLA
should be implemented. Many
commenters encouraged EPA to include
facilities that collect DIY-generated used
oil (e.g., public facilities), regardless of
whether they are service stations, to
promote recycling of the DIY used oil
segment. A commenter requested that
EPA clarjfy that "quick oil change and
lubrication facilities" are in the
definition of "service station dealers"
and that "used oil destined for
recycling" should be included instead of
just "recycled" used oil. One commenter
requested that refiners and downstream
users be included in the definition of
service station to obtain the CERCLA'
liability exemption.
Many commenters expressed support
for the elimination of generator, category
distinction (i.e., small quantity
generators versus large quantity
generators). In addition to the reduction
in confusion and handling requirements'
for used oil, these commenters noted
that all generators could then benefit
from the CERCLA liability exemption.
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;:RegBteE;.-/..yoL.-j57j;.JMpfT176'/ Thursday, Spptember?10.* 1992 /.Rules and Regulations ซr41573
. 8. Storage ,;. v .-.... -. v. ;-,/,; .;;, '^..''..-
EPA proposed different requirements
; fpr;stbrage fo| different segments of the
used oil industry to respond to the
''pptential.risks associated with used oil
handling. EPA requested comment on
storage'standards'to address the v
' potential hazards associated with used
oil EPA did hot propose requirements
for underground tanks used to store
;Used oil, because the Agency believes j
: that the current requirements for USTs
:' in 40 CFR part 280 appear to be ^ -,.
; adequate^ ' .: '"."''"-'.' .-_'';';' : '.'
;;'. Most commenters supported EPA's "
.basic intent to establish miriinium
rtechnical-standards;for. the storage of :.
' used oil. A number of commenters
.supported the requirement that all
- generators should comply with minimal
technical standards and^ that there
should be no exclusion for small
quantity generators; however, some ;
opposed this approach and supported a
'-" distinction between generators based on
the amount of used oil generated. The
majority of commenters requested that
. .the,proposed requirement for daily
; inspections should be.reduced to .
, 'weekly, biweekly, or monthly. A number
of commenters were against the ,;
proposed 50-foot buffer zone :
;requiremenrprimarily because it would
be impossible for quick lube facilities to
implement this requirement due to the,
-limited size Of their facility and it would
'be inappropriate because of the low.
flash point of motor oil. Ah-arternative:
that was suggested was for facilities to
comply with the NFPA's ^"Flammable
, and Combustible Liquids Code" for
buffer zones. Onte commenter suggested
that satellite accumulation areas that
are exempt from the storage standards,.
rloe allowed. One commenter pointed out
..; that a definition and requirement for a "
: continuously fed tank is necessary.
9. Secondary Containment for Tanks
..- ,EPA requested comment on its.:,
/proposal to require Spill Prevention,
Control and Cpuntermeasure (SPCC)r '[
.recommended"secondary containment or
.to require RCRA subtitle c secondary ,
containment, requirements for f " ' ,
.controlling releases and spills of used oil
from abpveground storage.tanks.at used
.oil processing and re-refining facilities.
The.SPC.C .options include berims, dikes,
or retaining walls along with an oil- ;.
-- impervious flpor designed to cpntairi
.used oil and avoid significant .
contamination of soil and nearby - -
.surface and ground water resources.
. " Most of the.commenters^agree.d with
;..EPA^ proposal tpirequireSPCC- 1 .
. repommende^seppndary.cpntainment
.but were-not supportive of also.requiring
''. subtitle C secondary containment
. requirements for aboveground storage
tanks. A few commenters noted that
requiring compliance with subtitle C
would not add a significant margin of
safety compared to the cost of upgrading
the tanks.. Commenters argued that most
of-the aboveground storage tanks are
already in compliance with SPCC and,
" with.few'exceptidns, these requirements
have been an acceptable vehicle1 for
protecting human health and the
environment. One commenter supported
the measure to require owners/
operators storing used oil in
aboveground storage tanks to comply
with both SPGC and subtitle C
requirements. Their rationale was that
such requirements address different
management issues and are not
unreasonably burdensome.
10. Financial Responsibility
In the 1985 proposed rule, used oil
recycling facilities were to be subject to
,, the subtitle C financial responsibility
requirements (50 FR 49256). Many
comments that were received on this
' proposal suggested that such
requirements would have detrimental
effects on the used oil recycling market.
In the September 1991 Supplemental
Notice, EPA requested comment on
deferring the requirements.
The commenters were nearly evenly
divided on EPA's proposal to defer the
financial responsibility requirements for
used oil recycling facilities. Those
commenters that supported the deferral
indicated that because recyclable used
:oil has economic value, there is art
incentive to move as much oil as
possible. These commenters also agreed
with EPA's contention that requiring
financial responsibility would impact *
the economic viability of used oil
recyclers.
Those commenters that did not
support EPA's proposal to defer the
financial responsibility requirements
. questioned the practicality of requiring
recyclers to comply with the closure and
post-closure requirements while not
requiring the financial mechanisms to
ensure that these activities are done. A
few commenters noted that there are 83
used oil recycling sites listed on the ,
, National Priorities List, which indicates
that financial responsibility
.requirements are necessary. A state
agency urged EPA to require some level
of financial responsibility because used
bil,,when mismanaged, presents as much
risk to human health and the - -
environment as any other .hazardous
waste.
11. Permit-By-Rule
In the 1985 proposed rule, EPA used
the authority under section 3014 of
RCRA to propose permitting
requirements for used oil recycling
facilities (50 FR 49225, 49257). RCRA
section 3014(d) provides that owners
and operators of used oil recycling
facilities are deemed to have a permit
for their recycling activities and
associated lank and container storage,
provided they comply with the used oil
management standards promulgated by
EPA. Thus EPA proposed that owners/
operators of used oil recycling facilities
would be eligible for a permit-by-rale
eligibility, including those undertaken
by facilities that recycle or store used oil
in surface impoundments and facilities
that manage other hazardous waste in
addition to used oil (co-management
facilities).
Most of the comments pertaining to
the permit-by-rule proposal were not
supportive of EPA's proposal based on
many concerns. A number of
commenters opposed EPA's proposal
that only those facilities that did not
manage other hazardous wastes should
be eligible. Their contention was that
section 3014 of RCRA did not expressly
'state that co-management facilities were
ineligible. A few commenters were
against the permit-by-rule concept
altogether and favored a site-by-site
permitting approach. A few commentei-s
requested EPA to allow permit-by-rules
only for facilities thai handled
nonhazardous oil and require those >
facilities that handled hazardous oil to
comply with subtitle C. Some
cpmmenters were in support of EPA'a *
proposed permit-by-rale requirements.
IV. Definition of Used Oil
EPA's 1985 proposal to list used oil as
a hazardous waste included the,
following proposed definition of used
oil:
"Used oil" means petroleum-derived or
synthetic oil including, but not limited to, oil
which is used as a: (i) lubricant (engine,
turbine, or gear); (ii) hydraulic fluid (including
transmission fluid); (iii) metalworking fluid
(including cutting, grinding, machining,
.rolling, stamping, quenching, and coating
oilsj; (ay) insulating fluid or coolant, and -*
whichjs contaminated through use or
subsequent management. ,
During the 1985 comment period,
many epmmenters criticized the
vagueness of th& proposed definition.
One issue commenters raised was that it .
was unclear from the definition what
constitutes "contamination." The use of
the phrase "but not limited to" also was,
challenged. Gommenters, contended that
such a phrase could be-in erpreted.to
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41S74 Federal Reciter / VpL W;ป'No.
include varieties of oil such as food
grade oils within the definition of used
oil. Commenters suggested that EPA
specifically list in the definition the
types of oUa they intended to regulate.
Anorther point that commenlers
disputed about the definition of used oil
was use of the term "or subsequent
management." They pointed out that the
statutory definition of used oil specifies
contamination only "as a result of use,"
not via subsequent management. Used
oils that become adulterated after use
should be subject to management
standards that discourage this practice.
Commenters agreed that used oils
contaminated with hazardous wastes
should be subject to Ml subtitle C
requirements.
Many commenters questioned the
basis for including synthetic oils in the
definition of used oil. The statutory
definition of used oil does not explicitly "
include synthetic oils; therefore,
commenters asserted thai used synthetic
oils should not be considered "used
oils." Several comments were received
regarding metalworkinji oils as well.
Commenters requested that copper and
aluminum wire drawing solutions be
excluded from the definition of used oil.
Copper drawing solution is an emulsion
of 1 to 2 percent oil in water. Aluminum
drawing solution is considered a neat oil
(i.e., 100 percent oil]. However, one
commenter stated that aluminum
drawing solution is nonhazardous and
meets the EPA used oil fuel specification
test.
EPA carefully evaluated the
comments referring to synthetic oils,
including those comments where the
commenter submitted data. EPA has
concluded that synthetic oils that are
not petroleum-based (i.e., those
produced from coal or .oil shale), those
that are petroleum-based but are water
soluble [e.g., concentrates of
metalworking oils/fluids), or those that
are polymer-type, are all used as
lubricants similar to petroleum-based
lubricants, oils, and laminating surface
agents. Upon use, synthetic oils become
contaminated with physical or chemical
impurities in a manner similar to
petroleum-based lubricants. This
contamination during (or as a result of)
use is what makes used oil toxic or
hazardous. Upon collection, these used
oils are not distinguishable from non-
synthetic used oils, except in the case of
segregated, water-based metalworking
oils/fluids. All used oils, in general, are
managed In similar manners (e.g.,
burned for energy recovery, re-refined to
produce lube oil feedstock, or
reconstituted as recycled products).
Therefore, EPA believes that all used
oils, including used synthetic oils,
should be regulated in a similar fashion
and, hence, EPA has decided to include
synthetic nils in the definition of used toil
as discussed below. For the large part,
the definition of used oil includes used
lubricants of all kinds that are used for a
purpose of lubrication and become
contaminated as a result of such use.
Today, EPA is promulgating a
regulatory definition for "used oil" at 40
CFR 260.10 as follows:
Used oil means any oil that has been
refined from exude oil, or any synthetic oil,
that has been used and as a result of such use
is contaminated by physical or chemical
impurities, ""'''
This regulatory definition of used oil
is drawn from the statutory definition of
used oil found at section 1004(36) of
RCRA and is similar to the current
definition of used oil found at 40 CFR
266.40(b). EPA believes that Jhis
definition covers the majority of oils
used as lubricants, coolants (non-
contact heat transfer Quids), emulsions,
or for similar uses and are likely to get
contaminated through use. Therefore,
specific types of used oils are not
identified in the definition.
The definition includes all used oils
derived from crude oil, as well as used
synthetic oils thai are contaminated by
physical (e.g., high water content) or
chemical (e.g., lead, halogens, or other
toxic or hazardous constituents)
impurities as a result of such use. :
However, with today's rule, EPA is
interpreting the definition of used oil
contained in the statute to include used
synthetic oils, including those derived
from coal or shale or from a polymer
based starting materials. The Agency
explained its rationale for including
synthetic oils in the definition of used
oils in fee preamble for the November
1985 proposed used oil listing (50 FR
49262). The Agency's position continues
to be that synthetic oils should be
included in the definition of used oil due
to the fact that these oils are generally
used for the same purposes as
petroleum-derived oils, are usually
mixed and managed in the same manner
after use, and present the same level of
hazard as petroleum-based oils. In
addition, the Agency believes that
Congress could not envision how
prevalent synthetic oils would become
when it passed the UORA in 1980.
Congress surely would not have
intended a result where large amounts
of vehicle engine oils are not covered by
RCRA section 3014.
The commenter-submitted data
concerning synthetic oils suggest ithat
properties of synthetic oils that are
polymer based are akin to oils produced
from crude base stock and can be used
effectively as crude oil substitutes.
When used, they become contaminated
with physical ox chemical impurities and
are not readily distinguishable from
used oils ,that are crude oil based.4
Today's definition does not include oil-
based products used as solvents refined
from crude oil or manufactured from
synthetic materials. The Agency has
always viewed petroleum-based
solvents ,as wastes separate and distinct
from used oil. In the 1989 proposal for
Land Disposal Restriction Standards,
ignitable liquids encompass materials
like solvents, paint thinners,
contaminated oils., and various organic
hydrocarbon. Some of these have been
thought to .contain organic constituents
from the listed wastes F001-F005. {See
54 FR 48420, November 22,1989.)
The definition of used oil promulgated
today does not include used oil residues
or sludges resulting from the storage,
processing, or re-refining of used oils.
EPA believes that the types and
concentrations of hazardous ..
constituents in used oil residues and
sludges are different from those
typically found in used oils, and
therefore these residues and sludges
warrant separate regulatory
consideration. EPA is going to continue
to study used oil residues and sludges,
as well as all of 'the residuals from used
oil re-refining activities. EPA may
finalize the residual listings proposed in
the 1991 Supplemental Notice or propose
a listing determination for the specific
used oil sludges and residuals in a future
rulemaking. Residuals are covered under
the Existing RCRA regulations.
Currently, these wastes are subject to
the hazardous waste characteristics. If a
residue, sludge, or residual resulting
from used oil storage, processing, or re-
refining exhibits one or more of the
characteristics of hazardous waste, then
it must be managed as a hazardous
waste in accordance with all applicable
Subtitle C requirements, However, as
discussed later in this preamble.,
distillation bottoms derived from used
oil re-refining are conditionally exempt
from the used oil management standards
promulgated today, as well as the
Subtitle G hazardous waste regulations,
when the distillation bottoms are used
as ingredients in asphalt products. In the
September 19.91 Supplemental Notice,
EPA proposed to list as a hazardous
waste several residuals from used ail
4 A tetter from MobH Corporation to EPA dated
July 8,1992. A report by Independent Lubricants
Manufacturers Association, "Waste Minimization
and Waste water Treatment of Metalworking
Fluids," asao.
-------
^
processing and re-reflriing operations.
.Distillation bottoms were among the
residuals that EPA proposed to list- :
Following the 1991 'Notiee.'EPA received'
data from severarcommenters:: '
" .indicating that distillation bottoms from
; therprocessing and.re-refining of used oil
dd:not fail the tpxicityicharacteristic.-
i EPA has no other recent data on the
composition or toxicity of these ~
residuals. In addition; commenters have
indicated that the. use of distillation ;
, bottoms as ingredients in asphalt
materials is a very common practice. -
: Furthermore, distillation, bottoms, when
used'as asphalt extender materials, 'also
may be regulated under the Toxic =; ;' :
Substances Control Act; as applicable. ?
EPA believes, based on- the Toxicity
Characteristic (TC) data provided by ,
commenters, that the distillation
.bottoms from.re-refining of used oil do.':
not exhibit the characteristic of toxicity.
.Therefore, the Agency has deferred a
listing decision for these residuals and
has provided a conditional exemption '
from the hazardous waste regulations off
parts 262 through 266,268,270, and 124
and the part 279 standards for certain
- residuals that are incorporated into
asphalt (40 CFR 279.10(e)(4)}.
-V, Listing Determinattoa forRecycled
.Used Oil ":: " .'... \' ..; -
A General .' : - -
Section 3001.of RCRA provides the
Agency with the general statutory
authority under RGRA for identification
and listing of hazardous wastes'. In 1984,
HSWA amended'section 3014 of RGRA '
by specifically requiring EPA to exercise
-its hazardous waste identification and' :
listing authorities and propose a listing
determination for used automobile and
truck-crankcase oils and other used oils.
EPA's technical criteria for > . .
determining whether or not a solid
'waste should be listed as a hazardous ,
waste are codified at 40 CFR 261.11.
Section 261.11{a)(l) allows EPA to list a
solid waste as a hazardous waste if the
solid waste exhibits any of the
characteristics of hazardous waste.
Section 261.11(a)(3] directs-that a waste
shall be listed as hazardous if it. -'.-
contains any of the toxic constituents
listed in appendix VIII and, after,
considering the following factors, the
Administrator concludes that the waste
is capiable of posing a substantial
present or potential hazard to .human
health or the environment when '
improperly treated,-stored, transported,; ="
.disposed of, or otherwise managed. The
factors to be considered in making this
determination include ibxicity, fate and .
transporti mobility and persistence, and
the bioaccumulation potential of the :'
constituents in the waste, as well as
plausible: mismanagement scenarios (40
.CFR 261.11{a)(3)(vii)/) and'tother -Federal
and state regulatory 'actions with :~
respect to the waste (40 GFR -."--" - -
'
.
Jn making's listing determination for
used oils destined for disposal, EPA
; paid considerable attention to the .
current Federal regulations governing
the disposalpf non-hazardous and
hazardous wastes. EPA published a
v final listing determination for used oils
' destined for disposal on May 20, 1992
-{57 FR 21524). EPA concluded that the, ;-.-
( existing EPA regulations; especially the
toxicity characteristic, adequately
regulate the disposal of used oils that ,
exhibit a characteristic of hazardous
waste. Other EPA programs (e.g.,-. the
" recently promulgated.municipal solid
waste landfill criteria^ the stormwater ' :
requirements, and TSCA regulations},' as
well as other Federal and state.: . , :
regulations, adequately control the
disposal of non-hazardous used oils that
do not exhibit a 'characteristic of : '
hazardous waste. '",;.' '''-'.-
-, EPA has decided to use a similar' '. '
; regulatory approach for recycled used
oils as the Agency used for used oils
that are disposed. The Agency proposed
in September 1991 that the listing .of' ' "
used oil as a hazardous waste may not
be necessary if the Agency promulgates
used oil management standards that 'are
protective of human health and the
environment. Gomm^riters who . " ;
responded, to the September 199i notice
overwhelmingly supported this '
approach. EPA has decided to adopt this:
: approach and consider the technical. -
criteria for making a listing ; ;: ^:
determination, given a universe of, used .
oils that are managed in accordanqe <
with a proteetive set of management
standards. .- ,- . : .- ,
In. making a listing determination for
recycled.used pils,,EPA evaluated the- ''
technical criteria for listing a waste as
hazardous, the fate and plausible
mismanagement of used oils that are ;
recycled, and the impacts of the
management standards proposed in 1985
and'1991 and-finalized today; EPA has"
determined that used oils that are ;
recycled do not pose a substantial :
present or potential hazard to human
health or the environment when the -
used oils are managed properly from the"
timethey are generated until they are '
recycled. As discussed in the next,
section of this preamble, EPA believes
that used oil thjat is recycled arid
handled in compliance with the used oil
management standards promulgated
today will not pose serious adverse risks :
to human health and thejenvircinment. ' '
Therefore, EPA is finalizing its decision.
riot to list used oils thatate recycled-as
hazardous'waste. Integrally related id >
this "no listing" decision for recycled '
Usedoil, the Agency alsoiia''"'.'' ;V : -
: proniulgating'managenlent standards for"
: recycfed used oils-tO;assure protection *
, of human health and the environment :
from potential damages due'to the
mismanagement of recycled used oils. '
,' B. Summary of EPA's Listing; .-,-;..
-Determination and Rationale for ;
: Recycled Used Oils ., .'"V,.'."-.' ...,:; ; /
.; As discussed below, the Agency has ::-.
:'determined.that the major potential ;'."
. risks associated with the :, ;'.-.;./"
-/mismanagement of used_0ils during.
recycling can be. adequately controlleil"'--_ ;
through management standards - , ,
promulgated under the authorities of..; ''-"
.;RCRA section'3014. The used:bil''--..'' - "-'
management istandards.promulgated . '
; ttiday.,are designed to control ffie -:- .
accumulation, storage, transportation,
;and general management of recycled. , ,
',- used oils. The management standards
promulgated today protect human health';
and the environment irom potential
mismanagement of recycled, used'oils ' '';
without imposing undue regulatory-and
financial burdens upon'the used oil , ; .,
.recycling s'ystemV The goal of" today's..
regulations is to ensure the recycling of '
all used oils in a safe, and protective
/ manner. These .new Federal' ; - /I; ,
management standards address .the ^'
ihajor risks; (discussed -later), identified '""'
-by the Agency, associated with " ; .-' . ':
management of used' oii;elimiriating^ the,.' ..
. need for the Agency; to list used oils as' '-
hazardous waste per the listing criteria . "
provided in ง 261,ll(a)(3). ; ; ; ; .
-* -Today's decision not tolistrecycled,,'' .;
lUsed oils is based oh the Adequacy "of -. -:,
both existing Federal regulations and :
today's newly promulgated management
standards to'address the potential
mismariagemeht of used oil,'_similar to" ._""'-
the jjasis. for the May 20,199? decision, :.
' concerning used oi!:destined:for ; . :' :
disposal.1 Briefly, used bi! :,
mismanagement and "related risks are vC;.
controlled underpther regulations and
'statiitesrin particular, the.,40 CFR 'part -;.'.
280, undergrouhd'storage tank (USTJ ",>V
regulations, ffie 40.GFR p.ari,112.i5pill. ;
prevention, control,and counteiMe^suFe.'',,:
(SPCG) program, the stormwa'fer : ; "_ ,."''.'
regulations, ariซi:the lead phase-dow&' - -".V
prbgram."These regulationsi will be ': V ';
; supplemented by the used oil ' ''(.'.'." ;
management standards promulgated :
tsiday for recycled used oils. As :
discussed in the preamble to .die-May 20,-.
1992usecloilregulatibn,'the SPCG : .,:
prograim requires facilities to have '&' '
bontingiericy plan in: place to ensure' that-'"
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41576 Federal Register / VoL 57, No. 176 / Thursday, September 10. 1992 / Rules and Regulations
oil spills are prevented, controlled via
containment measures, and responded
to when oil spills occur and reach
navigable waterways. The UST program
similarly focuses on control and
prevention of oil leaks From
underground petroleum storage tanks
including waste oil tanks. These two
programs are clearly related to the
management standards promulgated
today and cover the used oil universe.
The management standards
promulgated today specifically address
the following major risks that EPA has
identified with past practices in
managing recycled used oil. These are:
1, Improper storage. EPA notes that in the
past, used oil was both overaccumulated and
handled carelessly, resulting In a number of
release incidences, front used oil storage
units. These releases have been documented
ซt off-site processors and re-refiners.9
Today's management standards have
stringent secondary containment and spil!
cleanup provisions for used oil processors
and re reFiners. Also, storage of used oil in
unlmcd surface Impoundments {unless only
de minintlt amounts of used oil are present)
is banned outright.
2. Road Oi'.'ing. EPA has documented
several cases of environmental degradation
that were caused by oiling roads with
adulterated used ofl. Today's management
standards ban the use of used oil for road
oiling and dust suppression purposes.
However. States that currently allow used oil
to be used for road oiling, and/or those States
that want to set standards to control the use
of used oil as a road oiling agency, may
petition EPA lo allow road oiling in the
individual States.
3, Adulteration with hazardous waste. In a
number of documented instances used oil has
been used either deliberately or inadvertently
ซs a carrier for the illegal disposal of
hazardous waste. The addition of hazardous
waste, or "adulteration," results in a more
toxic mixture that may be spilled, burned, or
even dumped.Today's management
standards address adulteration in four main
ways;
* The'Vcbuttabie presumption" provision
of 40 CFR part 256, subpart E, which currently
applies to used oli burned for energy
recovery, ha* been expanded to covera]l
used oils, regardless of intended disposition;
* Usod pU processing and re-refining
facilities have to develop specific sampling
and analytical plans to document that they
do not accept hazardous waste/used oil
mixtures;
* All used oil handlers Must label their
tanks and containers used to store used oil
with the term "used oil," to assist employees
in identifying which units are used
exclusively for used oil storage and to avoid
inadvertent mixing with other wastes; and
* The existing Invoice system in 40 CFR
* Swamary Descriptions of Sixty-Three "Used
OirSufm/MSiiet. Final Draft U.S. EPA, May
part 268, subpaii E for used oil fuels has been
supplemented with a tracking system
consisting of acceptance and delivery
records. Tracking of used oil shipments
applies to all used oil transporters and
processing and re-refining facilities. The
tracking system will assist in identifying
accountability, should mixing be suspected.
Finally, EPA jiotes that two other
areas of potential risk are not addressed
by today's management standards, but
these risks already have been reduced
by in past agency actions. As noted "
above, the Agency is postponing listing
determinations on used oil processing
residuals. Although cases of
environmental damages due to improper
management of residuals have been
documented, these cases involved
residuals from old, out-of-date processes
(i.e., acid clay re-refining). Data received
in response to, the September 1991
Supplemental Notice indicate that
residuals from newer processes do not
exhibit the toxicity characteristic.
Residuals that are destined for disposal
are still subject to the hazardous waste
characteristics, and inl99D, EPA
promulgated the toxicity characteristic
rule, which replaced the extraction
procedure (EP) toxicity test. If used oil
residuals, including distillation bottoms
derived from used oil processing and re-
refining, are recycled as used oil fuels,
then the management of the residuals is
subject to the management standards
promulgated today. Distillation bottoms
that are recycled as feedstocks in the
production qf asphalt materials are not
subject to the management standards
promulgated 'today. EPA will gather and
assess information on newer
.technologies before reaching any further
decisions on the regulatory status of
residuals that are 'Currently generated by
used oil re-refiners.
EPA is aware of concerns raised over
burning used oil as a fuel. The 1985 used
oil fuel specification, however, was
established to control the risks from
burning used oil, thus.lt represents the
Agency's best current judgment as to the
level of control necessary to protect
human health and the environment, ,
Thus, the burning of used oil in
compliance with the existing standards
is not a "plausible mismanagement
scenario" requiring the listing of
recycled used oil as a hazardous waste.
The concerns focus on the current lead
specification of 100 ppm and whether
this threshold provides adequate
protection. RCRA restricts the burning
of off-specification used oil for energy
recovery to certain industrial facilities
(e.g., industrial furnaces and utility
burners) and space heaters. While
facilities that bum off-specification used
oil fuel are'not required to control air
emissions under RCRA, some of these
facilities maybe subject to Clean Air
Act controls. The Agency plans to study .
these issues and, should regulatory
controls be deemed necessary, EPA may
take appropriate actions under .RCRA or
.other statutory authority.
As discussed above, these rules
address the major risks associated with
used oil recycling including improper
storage, road oiling, and adulteration
with hazardous waste. These standards
should prevent the kinds of
mismanagement that has occurred in the
past resulting in environmental damage.
EPA has concluded that the
management standards promulgated
today in combination with other existing
regulations provide adequate protection
of human health and the environment
and thus make it unnecessary to list
used oil as a hazardous waste. EPA
traditionally has based listing
determlnations-on the risks posed by
land-based management scenarios [e.g..
plausible land disposal
mismanagement). Today's used oil .
management standards do address the
technical criteria for listing of waste as
hazardous under 40 CFR 261.1lM{3).
EPA wishes to reemphasize that its
decision not to list recycled used ofl as a
hazardous waste is based solely upon
its evaluation sol'ithe technical listing
criteria-contained in 40 CFR 261.31(a][3).
In particular, EPA has not taken into,
account the potential stigma associated
with classifying used oil as hazardous
waste raised by commenters on the 1985
and 1991 proposals. Some consideration
was given to the impacts of used oil
management standards on used oil
recycling in developing the standards, as
required by section 3014{a) of RCRA.
Once the standards were developed.
however, EPA made today's listing
determination by evaluating the
resulting standards solely in terms of
whether they would address the risks
caused by plausible mismanagement of
-f recycled used oil. EPA notes that the
used oil standards .address the same
types' of mismanagement, particularly
spilling and improper land disposal,
typically addressed toy Subtitle C
controls. In addition, the used oil
management standards will be enforced
under the same authorities {i.e., section
3008 of RCRAJ ,as are the hazardous
waste regulations. For all of the above
reasons, EPA determined that listing of
recycled used oil as a hazardous waste
is unnecessary,
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Federal Register / yoi..57,;No; 176'-.-/ Thflrgday.vgepternber 10, 1992 //Bulfes and:Regulations 4157^
, VI. Final Management Standards-for .
, Recycled Used .Oils / ;..-' . . ..: -
A General Approach for Used Oil
-Management' 'r '] '
On November 29,1985 (50 FR 49212),
EPA proposed a comprehensive set of
management standards for generators,
transporters and processing arid re- -
refining facilities that handle and >
recycle used oil. The management
standards proposed in 1985 were-very
similar, .to the management standards
; promulgated for handlers of RGRA
" hazardous wastes since the Agency also
proposed to list used oils as hazardous
wastes. EPA received substantial public
Comment on the. 1985 proposed;
requirements. On September 23,1991 (56
FR 48000), EPA published a . :
Supplemental Notice of Proposed :;
Rulemaking that discussed the Agency's
receht'data collection activities for the
identification and listing of used oil arid
discussed several options for us'ed oil ".
management standards.The intent of -.'
the management standards alternatives '
identified and discussed in the 1991
Supplemental Notice was not to replace
or,withdraw the 1985 proposed ;
.standards but to set forth options to (a)
clarify or modify certain 1985 proposed
standards, (b) defer selected standards
(e.g., financial responsibility), and (c)
; add new requirements '{e.gi,'.' ;
recordkeeping and reporting . : -'-.''
requirements for certain generators and
transporters). The Agency requested
and received a substantial number 'of
comments on the specific approaches
that the Agency Was considering and -'
that were discussed in.the 1991
Supplemental Notice.6
After reviewing and analyzing
comments in.response to both the 1985 ,
proposed rulemakirig and the 1991
..Supplemental Notice of Proposed*
Rulemaking;1 the Agency, is adopting an
approach for the management of used
oils, described below, under which one
set of management standards (with
; certain'exemptions for used oil mixtures
that contain de minimis quantities of
used oil) will control, the management of
usedoUs that .are recycled. The "
Agency's basis for settirig these
, standards includes documented release
arid damage infprmatipn, quantities of
used,oil managed by each segment of
the used oil management systeih, the -
adequacy of current management , ,
practices, and .the potential economic
impacts that could be imposed on the ' '
regulated universe. ,' \ ' ,
Based upon evidence provided by
documented damages at sites on the.
National Priorities List (NPt) and by
updating the site-specific information. _';
previously used to support alternative .
management standards discussed in the
1991 Supplemental Notice, EPA has
concluded that storage practices at
facilities that handled used oil .have
resulted in the vast majority, bf known
instances of used oil mismanagement. '
EPA also confirmed, this finding through
a review of enforcement cases prepared
by Regional enforcerhent officials to
identify environmental damages that "
-occurred at RCRA facilities managing
used oil in solid waste management .
" urtits. EPA has documented damage and
release information from both NPL sites
and RCRA-permitted facilities. Detailed
descriptions of the damages at 63 NPL
sites where used oil was, managed are
presented in "Summary'Descriptibns of
Sixty-Three .'Used Oil' Superfund Sites."
A summary of used oil-related damages
at RCRA-permitted facilities where used
oil was managed is presented in '''
"Summary Descriptions of Used Oil-
Related Damages at RGRA-Permitted
Facilities." A -copy of each of these
documents is in the docket for today's
''
, " EPA received more., than 800 comments during
the comment period for the September 1991, ,
Supplemental Notice. EPA also received dyer 100- .
comments on the notice after the close of the
comment period. ..-..':.. --
:l The Agency has determined that it is '
necessary tp:develop management ,
standards to address the major-risks
discussed earlier associated with
^management (and plausible ' '
mismanagement scenarios) of used oils
within the used oilrecycling system. ,
Primarily, the management standards
promulgated today focus heavily, on
used oil processors and re-refiners and
include storage and release response .
requirements, tracking and ... . - -'.;..
recordkeeping requirements, arid bans :
on cef tain practices that have caused
problems .{i.e., road oiling arid the
storage, of used oil in surface
impoundments not regulated under
subtitle C of RCRA). 'The management,
standards cover all sectors of the used "
oil universe and are codified in a new -
part, part 279, of title 40 of the GFR.v ..
. Generally^ EPA is establishing (1)'.
controls on the^ storage of use.d, oil in
:abovegroiind tanks :and contairiera to :
' minimize potential releases from these :
units; (2) tracking and recbrdkeeping,'-,
requirements for used oil trahspof ters,
" processors and re'-refiners to provide a-'
level of confidence within the system
that used oils destined for -recycling are
in fact recycled by authorized facilities;
and (3) 'standards for -the cleanup of
releases to the environment during. :-
storage and transit and for. the safe
closure :of storage units at processing '
: and re-refining facilities to mitigate ,
future releases and damages.' The
. Agency believes this approach will :;
. address'pbtential hazards to human :
health and the environment from the ป
management,(including plausible- -~\.
mismanagement scenarios), of all used
," oils by-.used oil handlers. . , ;
EPA believes .that, irrespective- of - ....
whether used oils exhibit a ,
.characteristic of hazardous waste, used
oils can pose some threat to human;
health and the environment (e.g., used ; .,
; oils cart form a sheen on water and :
make it non-potable). Therefore, it is
important that used .oils are handled in a
.safe manner from the point of generation
until recycling, reuse, or disposal. .
As stated in "the 1991 SupplemeritaS.
. Notice pf Proposed Rulemaking and as \
/supported by rhosLof the public
comments received by the. Agency, the /
^Agency has'decided to implement used
oil management standards using'a two- .
phased approach. The proposed phased
approach is designed first to develop : --..'
basic-management standards to address
.1 the potential risks associated with .'.'.-.
- management {including plausible "--
mismanagement) practices of used oil
recycling industry. Used oil : ป-, ,
rnismariagement scenarios include
storage; collection/shipping, and'.-..
i processing or re-refining. At a later date,
as the'Agency monitors the ....
effectiveness Of regulatory approach and
: receives more. information,;the Agency '
may adopt-additional measures as -
necessary to address other potenti&l
problems., ' = -
The management standards adopted
todayTare designed to address the ...'.; , ,:
potentialhazards associated.with ' '.
: improper storage'and handling of-used ....
oil by estafalishirig minimal requirements
applicable to Used oil generators, :
transporters, used oil processors, and re-
refiners;- and off-specification used oil "
'burners. These requirements .are'''
'selected from; both the: 1985 proposed -
..standards and the:199l proposed' '.' -..''-.
alternative manageirierit standards, :
:taking irito account public comments, an .
assessment.of economip impacts on the
regulated community, an assessment ofr :
how the management standards "will -
impact the;market for recycled "used oil, o:
and- an assessment of the effectiveness -.:
/of today's regulations, coiribined with
other, requiremehts, in controlling the ' ,;
-risks posed by the improper, . ' - .,
management of usedoil. - , ,: v.
Today's management standards cover -
' all used oil handlers and requirements
including detection and clean up of Used
oil releases associated with storage ant i...
transportation, controls on storage,
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41S78 Federal Register / VoL 57, No. 176 / Thursday, September 10, 1992 / Rules and Regulations
analytical requirements to assure that
used oils are not mixed with hazardous
wastes, recordkeeping requirements,
and the existing 40 CFR part 266.
subpart E standards for the rebuttable
presumption of mixing. Today's
requirements also include closure
standards for used oil processing and re-
refining facilities. These requirements
also address hazards associated with
road oiling and disposal practices. The
Agency has previously evaluated
disposal requirements for hazardous
and non-hazardous used oils under
RCRA to protect against potential
hazards from land disposal of used oil in
the context of the Agency's 'decision not
to list used oil destined for disposal (57
FR 21524, May 20,1992).
After today's rule is implemented,
EPA intends to evaluate the protective
nature of this initial set of requirements
and the effects these standards have
had on the used oil recycling market.
prior to developing additional standards
or developing non-regulatory incentive
programs to promote and increase used
oil recycling. After such an evaluation,
EPA may Impose additional
management standards at a later date.
EPA will weigh the Increase in potential
environmental benefits against
economic impacts prior to developing
and imposing additional RCRA
requirements, ss required by RCRA
section 3014.
As part of a comprehensive approach
to addressing the management of used
oil, EPA encourages the recycling of
DIY-genera,ted used oCs [e.ง., household-
generated used oils). Currently, DIY-
generated used oils (approximately 193
million gallons annually) are not widely
recycled. In fact, DIY-generated used
oils are often improperly disposed. The
Agency does believe, however, that
since 1985. the recycling rate for DIY-
generated used oils has been increasing
aa a result of public and private sector
effort*.* EPA discussed several npn-
regulatory approaches (i.e., economic
incentives) to encourage DIY used oil
recycling in the 1991 Supplemental
Notice. EPA received a significant
number of comments on these
approaches (summarized in Section II of
this preamble). Hie comments generally
indicated that EPA should not go
forward with the development of
economic incentive programs at this
time, but allow private sector programs
and state-initiated programs to address
* A wirvey conducted by OM Convenient
Automotive Service* tw'.itute, which was
undertaken earlier this year, indicates that half the
ttttti have private sector-operated DIY used oil
collection programs. Alao. more than 30% of the
ป!B!M have public sector-opitrated DIY used oil
collection prqjframs.
the issue of DIY used oil collection.
Since the 1991 Supplemental Notice was
published, EPA has initiated a study of
non-regulatory approaches for ,
promoting DIY used oil collection. If the
results indicate that incentives can
promote recycling, then the Agency may
address the establishment or use of
incentives for encouraging the recycling
of Dry-generated used oils later.
The management standards
promulgated today contain basic, good
housekeeping standards for the
management of used oiL EPA
considered an alternative approach in
which no management standards would
be issued until the Agency had
developed a comprehensive, risk-based
management scheme for used oil, which
would address Dry-generated oil, used
oil fuels burned by industrial burners,
used oil transportation, and other used
oil recycling and re-refining activities.
Although this type of approach may
have the advantage of providing time for
EPA to collect more information on used
oil management practices and avoiding
piecemeal regulation of the industry,
factors in favor of the phased, approach
include providing immediate protection.
to human health and the environment by
addressing the primary,-sources of
hazards identified by EPA including,
improper storage, road oiling, and
adulteration with hazardous waste. As
stated above, the 1991 proposed two-
phased approach provides the
opportunity for changing regulatory
provisions (if necessary} in Phase II,
based on feedback from the
implementation of Phase I EPA believes
that the approach adopted today will
allow for adjustments as problems of
over- or tinder-regulation are identified
in the future.
B. Recycling Presumption
Various authorities are available to
the Agency to control the management
of used oils. RCRA section 3014 provides
EPA with the .authority to regulate
generators, transporters, processing and
re-refining facilities, and burners that
handle recycled used oil or used oils
that are to be recycled, regardless ;of
whether or not the used oils are
identified as hazardous waste. Section
3014 of RCRA does not however,
provide the Agency with regulatory
authority over used oils that are not
recycled. As stated in the May 20,1992
rulemaking, the Agency believes that
other RCRA authorities and other J3PA
and non-EPA regulations adequately
control the management of used oils that
are not recycled.
In the 1991 Supplemental Notice, EPA
proposed a presumption of-lecyclability
for all used oils. The presumption was
based on industry data which .suggested
that once used oil enters the recycling
system the majority of the used oil is
recycled by burning for energyTecovery
or some other manner, such as refining.
Under the proposed presumption, the
Agency would have presumed that .all
used oils would be recycled, unless a
used oil handler documented 'that the
used oil cannot be recycled. In the 1991'
notice, EPA also proposed several
criteria used oil handlers could use to
rebut the recycling presumption. The
comments that EPA received in
response to the recycling presumption
were very.supportive. Commenters ,
indicated that the recycling presumption
would ensure that used oils remained in
the used oil recycling system. However,
many commenters also indicated that
the criteria that the Agency proposed for
rebutting the presumption sue not
necessary, since they argued that all
used oils can "be recycled and the
selection of a recycling method depends
on the physical characteristics of the
used oil {e.g., water content, level of
contamination) and the corresponding
cost of recycling the used oil.
After considering the public
comments supporting the jecycling
presumption, and the difficulties
associated with promulgating and
enforcing the proposed "recyclability
criteria," the Agency has decided that
specific criteria to rebut the presumption
are not necessary. The Agency agrees
with the commenters that the physical
characteristic of the used.oil and the
used oil recycling market will dictate the
conditions for .recycling of used oil.
However, the Agency has retained the
recycling presumption because the
presumption simplifies the used oil
management system by ensuring that,
.generators and others may comply with
one set of standards, the part 279
" standards promulgated today,
regardless of whether the used oil
exhibits a hazardous characteristic and
regardless of whether the used oil will
ultimately be recycled or disposed. In
other words, the generator (or any other
person who handles the oil prior to the ,
person who decides to dispose of the
oil) need not decide whether the used oil
eventually will be recycled or disposed
and thus need not tailor its -management
of the oil based upon that decision (and,
if destined for disposal, whether the
used oil is hazardous}; Rather, the part
279 standards apply to all used oils until
a person disposes of the used oil, or
sends it for disposal
The recycling presumption will not
.apply once the generator or other person
disposes or sends the used oil for
-------
41579
disposal.-Today's rule does not impose
any recof dkeeping requirements on such
persons to demonstrate that the dills
destined for disposal. Rather, they must
continue to comply with.existirig
requirements for used oil disposal as
listed in part 279, subpart L The used oil
disposal must be done in" compliance
with all applicable regulations (i.e., the
generator must determine whether the
used oil exhibits any characteristic and,
if so, must manage if as a hazardous
waste). If used oil is recycled, however,
no characteristic1 determination is'
required, but all parties handling the
.'. used oil must comply with the part 279
;managemenf standards. '
- For used oil processing and re-r.efining
Vesiduals, a hazardous waste ''"'-'
determination will be necessary when -
the residuals are managed in a manner
other than recycling for energy recovery
, or when-redefining distillation bottoms
are used as a feed material for asphalt
. products (see discussion in; Section IV of
this preamble). " - ,: ,
C-, Rebuttable Presumption of Mixing for
UsedOil ' ':-r -;-"" - : :
/ The rebuttable presumption currently
codified at 40 GFR 266.40(c) .provides
that usedI'oil.containing more than 1,000
ppm of total halogens ;is presumed to be
; mixed with chlorinated hazardoud'waste
listed in 4Q CFR part 261, subpart p.
:. Persons may:rebut the presumption by
demonstrating that the used oil ha^ not
been mixed with hazardous:waste. 'EPA
doe's not presume mixing has occurred if;.
the iised oil does not contain significant
concentrations of chlprinated hazardous .
constituents listed in appiendix Vlll of
part26i.'; " . " , "- v"' _'' : ,'.
In 1985; EPA promulgated the used oil.
fuel specificatibn. EPA;set the; X '.';'.'":.
"specificationlimit for total halogens af .
4,000 ppm. EPA set this specification V
" limit for total halogens -based upon .'
'emission-standards" modellirig results.
EPA also promulgated the rebuttable
presumption of mixing in 1985. The::
rebuttable presumption limit for halogen
content was .set at 1,000 ppm, based ::,
upoa probable mixing scenarios. The
.Agencybelieves.fdue to enforcement
experience) that used oils exhibiting a '
total halogen level greaterjhan 1,000 " :-:
: ppm have most likely beert mixed with
chlorinated hazardous wastes. "T : '-.'.'-"
The Agency wants to discourage all
mixing of used pils'and hazardous --
Wastes.'Ho waver* EPA under stands that
Sjbme used oils (e.g., metaiwprking oils :
with chlorinated additives) may exceed
the 1,000 ppm total halogen limit without
having been, mixed with-hazardous -.'...'
waste. In these fcases, the generator can
rebut the presumption of mixing by
documenting the source of the halogens -.
arid the used oil is subject to the part 279
management standards and is not
subject to the subtitle C management
system. However, even if the
presumption of mixing is rebutted, .if the
total halogen level in the used oil
exceeds 4,000 ppm, the used oil will not
meet the used oil specification limit for
total halogens. Therefore, if the used oil
.'is.-to*be burned for energy recovery, and
the used oil will have to undergo further
processing to meet .the used oi! fuel
speeifiqation.(to lower the total halogen
level) or the used oil must be burned as
off-specification used oil fuel (in which
case the used oil fuel handlers must be
in compliance with the requirements of
part 279, subpart G). In cases where the
used oil generator cannot rebut the-
presumption of mixing, the used oil
generator must manage the mixture of
used oil and hazardous Waste as a
hazardous waste (in compliance with all
applicable Subtitle C management
requirements).
- In the 1991 Supplemental Notice, EPA
proposed to apply the rebuttable
presumption for used oil fuels to all used
oils. Commenters favored extending the
applicability of the rebuttable
presumption for used oil fuels to all used
oils that are recycled in any manner.
EPA has "decided to expand the
presumption to cover all usedTrils (with
two exceptions, discussed below) and
has amended 40 CFR 261.3 to make the
provision applicable to all used oils.
Under this presumption, used oils
containing more than 1000 ppm total
halogens are presumed to have been
mixed with a halogenated hazardous
waste and therefore must be managed
as hazardous waste. Used oil handlers
may rebut this presumption by
demonstrating that the used oil does not
contain hazardous waste. EPA is
recommending the use of SW-846
method 8010 in rebutting the
presumption of mixing.
In today's rule, EPA is removing the .
current requirements of 40 CFR part 288,
subpart E and recodifying these
requirements in the new part 279, as
explained later hi this preamble. In the
case of the rebuttable presumption, EPA
is reinstating the rebuttable presumption
as partbf the definition of hazardous
Waste at 40 CFR 261.3. The Agency is
amending the definition of hazardous
.waste in this manner to clarify that the
rebuttable presumption will now apply
to all used oils and that all used oils that
contain greater than 1,000 ppm halogens
must .be managed as a hazardous waste,
unless the presumption can be rebutted.
EPA solicited comments on the
possible elimination oi a distinction
between a 1,000 ppm halogen limit for
rebuttable presumption of mixing and
the 4,000 ppm level for total halogens in
specification fuel. EPA received
favorable comments froni the public.
EPA, however, has decided not to
address this issue in today's rulemaking.
The management standards established
today cover basic management practices
and establish 1,000 ppm level for the
rebuttable presumption of mixing for all
used oils. The 4,000 ppm total halogen
limit for specification fuel remains
unchanged for now.
Today, EPA is amending the
rebuttable presumption of mixing to
conditionally exempt two types of used
oils from the requirement to document
the rebuttal. EPA is providing a
conditional exemption for both used
metalworking oils containing
chlorinated paraffins and used
compressor oils containing CFCs.
1. Metalworking oilsr
EPA is providing a conditional
exemption from the rebuttable
presumption of mixing for used
metalworking oils/fluids containing
chlorinated paraffins, on the condition
that these oils/fluids,are processed
through a tolling agreement to reclaim
the metalworking oils/fluids. Many
metalworking oils/fluids contain greater
than 1,000 ppm total halogens,- not'
because they are mixed with chlorinated
hazardous wastes, but due to the
presence of chlorinated paraffins in the
oils/fluids. Today's amendment to the
rebuttable presumption is partially a
clarification, because used
metalworking oils that are not mixed
with hazardous waste (but do contain
greater than 1,000 ppm halogens) could
have been the subject of a successful
rebuttal. This exemption will relieve
generators of such oils/fluids of the
burden and responsibility of
documenting the source of the halogens
when the generator has entered into a -
tolling agreement to have metalworking -
oils/fluids recycled. Generators', as well
as other handlers, of metalworking
fluids/oils who have not entered into a
tolling agreement to provide for the
recycling of the oils/fluids remain
subject to the rebuttable presumption
and will have to continue to document
that the oils/fluids are not mixed with
chlorinated hazardous wastes. The
Agency is providing and codifying this
amendment for generators and -
processors/re-refiners with tolling
agreements because the Agency
believes that such private arrangements
restrict the handling of the oils/fluids
and provide for a mutual interest in
preventing afty potential contamination
of the oils/fluids to assure that the oils/
fluids can be recycled (i.e., adding
-------
415SQ Federal Register / Vol. 57, No. 176 / Thursday,, September 18. 1992 / Rules and Peculations
solvents to metalworking oils would
reduce the value of the used oil as a
metalworking oiladding solvents may
not reduce the value of the used oil if it
is used its a fuel, but it is possible that it
may be deemed as a mixture of used oil
and hazardous waste; if significant
quantities of F001 and F002-halqgenated
constituents are detected).
2. Compressor Oils From Refrigeration
Units Containing CFCs .
EPA also is amending the rebuttable
presumption to exempt CFC-
contaminated used oils generated and
removed from refrigeration units and air
conditioning equipment, on the
condition that these used oils are not
mixed with other wastes, that the used
oils containing CFCs are subjected to
CFC recycling and/or reclamation for
further use, and that these used oils are
not mixed with used oils from other
sources. The remaining used oil must be
recycled appropriately in compliance
with today's standards. The presence of
CFCs in compressor oils removed from
refrigerant units will cause the use oils
to exhibit a halogen level greater than
1,000 ppro, even after the majority of Ihe
CFCs are removed and/or recycled. This
exemption, like the exemption provided
for metalworking oils, will relieve
generators of used compressor oils of
thซ burden and responsibility of
documenting the source of the halogens.
Generators and other handlers of CFC-
contaminated compressor oils must keep
the used oils that are contaminated with
CFCs separate from other used oils that
are not exempt from the rebuttable
presumption, since other used oils may
be mixed with chlorinated hazardous
wastes. It is important to note that
although the rebuttable presumption
does not apply to used .compressor oils
containing CFCs or used metalworking
oils, these used oils remain subject to
appropriate part 279 standards.' For
example,, used oils must contain less -
than 4,000 ppm total halogens to be
considered specification used oil fuels,
Used compressor oils .containing
residual levels of CFCs after the CFC
recycling/reclamation and used
metalworking oils are subject to the
specification limits for used oil fuels if
these oils are destined for burning. EPA
wants to discourage the burning of used
oils with significantly elevated levels of
halogens in space heaters or non-
industrial furnaces ,or boilers. Pending
further study, the Agency may restrict
the on-site burning of metalworking and
CFC-contaminated used oils sometime
in the future. All burning of used oil
containing high levels of halogens must
occur in compliance with the RCRA
regulations established for the burning
of hazardous waste or used oil as
applicable. ,
D, Summary of New Part 279
As mentioned above, today's action
promulgates management standards for
recycled used .oil to meet the legislative
mandate of the Used Oil Recycling Act
of 1980. These standards are a
combination of the 1985-proposed ,
management standards and the
alternative management standards
proposed in the 1991 Supplemental
TABLE VL1.USED Oit
IGeneral standards]
Notice. The detailed discussion
concerning applicable requirements is
provided under .individual categories of
used oil handlers; Tables VJ.l to ฅ1.7
give specific regulatory citations for the
individual management standards
contained in today's rule.
1. Applicability
a. General. As indicated in the 1991
Supplemental Notice, the used oil
management standards promulgated in
today's rule will be codified in a new
part 279 of Title 40 of the Code of.. ",
Federal Regulations. The regulations in
part 279 apply to all used oils, regardless
of whether or not they exhibit a
hazardous waste characteristic. The
management .standards promulgated
today apply to household-generated ,and
do-it-yourself :(DIYJ-genetated wsed oils
only when these used oils are collected
and aggregated. Such used oils may be
collected and aggregated at individual'
privately-owned or company-owned
service stations with DIY oil collection
programs, auto centers or other state or
local government-approved, community-
based used oil collection centers.
Today's requirements cover all used
oil handlers and all types of used oils.
Table VJ.l summarizes the general
standards. EPA believes that all used
oils, once generated, must be stored
properly and must enter the used oil
recycling system. In addition, as
discussed below, EPA presumes that all
used oils are recyclable either as a fuel
or a feedstock.
Requirement
Mixtures of used 08 with hazardous wast* ...... . ......
ftebutubto presumption for used ofl._
Excopfotw from fsbottabti) presumption for CFC and mat-
aStfoftdna oil*.
Mtxtuns of used oil with non-hazardous waste.,...
MMdfials dorsad from used 08 .
Ofiod oil iotfoducad into cruds oil or natural gas pipelines ....
Uftod oil on vessels ...ซป.. .ปซซ. .. .- .... . ,
Used oil ipacl'lctiion ......,.. ..... ........
Sortj:o jrnpouodrnenti'wjste pile prohtbiBon .oxcept for
units oparated tmdw Part 264/265 requirements.
New or existing
New . ... ._
Existing., . : _........
Existing '.
New . . ..,.: .
New
New . ._. ..
New -
New . _
Existing ,^^, ... , .ซป.j
New ,
ฃxisting , -
Regulatory citation
ง279.10(a):
ง279.10(b).
ง 279.10{b)(1Kii) and |:86i1.3(a)(2)(v).
ง 279.1 0(b)(i)(ii> (A) and (BJ snd S261.3(a)(2)(v) .(A) and
(B).
ง279.10(c).
ง279.10(d). .
ง279.10(e).
.ง279.10(f). . ,
ง27fl.10(g).
ง279.10(e)(3), ง 279.10ffl), and ง 279.20(a)(2).
ง279.10(i).
$279.1 1.
ง 279.12(3).
ง279.12(b).
279.12(0). '
b. Recycling presumption. The
management standards in part 279 apply
to all used oils that can be recycled.
EPA presumes that all used oils are
recyclable and, therefore, all used oils
must be managed in accordance with
the management standards promulgated
today. In the event a used oil handler
disposes used oil on site or sends for
disposal, the handler must comply with
the applicable regulations {e.g.,
determine whether the used oil exhibits
any characteristic of hazardous waste
and if it does, must manage the aged oil
as a hazardous waste). This provision is
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Federal Register / Vol. 57. No. 176/ Thursday, September 10.1992 j'Rules and Regulations 41581
codified today as subpart I of part 279.
See section VI. By for additional
discussion, - .
The commenters to the 1991
Supplemental Proposal "ivemhetaingly
favored implementation of the recycling
presumption.However, many : :
commenters stated that fee criteria .
provided for rebutting the recycling
presumption {e.g., water content, BTU
value) would be difficult to comply with,
and therefore EPA should not develop
such criteria. In addition, commenters
stated that all used oils are recyclable
and the extent of recycling depends on
the cost to generators. For example Jf
the used oil is actually a mixture of oil
and water, then the cost of recycling the
mixture would be higher than recycling
used oil that is straight out of engines or
from metalworking operations.. Upon
further evaluation of comments* the
feasibility of applying these criteria fora
rebuttal,', and the; analytical requirements
accompanying the proposed criteria* the
Agency decided against finalizing the
specific criteria for rebutting the
presumption of recycling. The Agency
believes that recycling is a more viable
alternative than disposing of used oil as
a^characteristic waste. Therefore, used
. oil handlers,will react to market
conditions, thus selecting recycling over
disposal; The Agency therefore has
decided to rely on the decision to
dispose used oil as a de facto criterion ;
for rebuttal of the'recycling presumption
promulgated today.
c. Mixtures. The following section
discusses management of mixtures of
'/used'oil and used oil-contaminated :
wastes. Used oils mixed with other solid
wastes or with other materials (eg.,
virgin fuel oi}) are regulated as used oil
under the part 279 standards^
/. Mixtures of used oil and hazardous
woste. Used oils that are mixed with
listed hazardous wastes.are subject to
regulation as hazardous waste under 40
- CFR parts 262 through 268, 268, 270, and
124. Used oils that_are mixed with ;
characteristic hazardous wastes may be
managed as used oils under part 279 if
the resultant mixture does not exhibit a
.characteristic. In addition, used oils that
exhibit a hazardous waste characteristic -.'
, (e.g, ignitability or ioxicity) by their own
.nature and are not mixed with a
^hazardous; waste may be>handled in
. accordance with today's part 279 used
..oil management standards and are
exempt from [i.e., not subject.to}
additionalSubtitle G requirements,-if
they are recycled.8X
Mixtures of used oil and hazardous
wastes generated by conditionaliy
exempt small quantity generators
regulated under 40 CFR 261.5 are subject
to regulation as used oil. The hazardous
waste from a conditionally exempt
; generator when mixed with used oil
generated by this entity, may cause the
.used oilto exceed the halogen limit
under the rebuttable presumption of
mixing. This mixing has been ;
permissible since 1985 under 40 CFR
260.40(d)(2) when used oil mixed with
hazardous waste generated by a small
quantity hazardous waste generator is
burned for energy recovery. The existing
requirement Is recodified at 40 CFR ;
279.10{b){3) today.
ii. Mixtures of used oil and other solid
wastes. EPA encourages the separation
of used oils from used oil/solid waste
mixtures and from used oil-
contaminated materials prior to
management of the mixture. Used oils
separated from mixtures containing ,
other solid wastes should be recycled in
accordance with the standards
promulgated today. Used, oils that have
been separated from mixtures with other
materials or. solid-wastes are subject to
the management standards of part 279,
For example, used oils recovered from
oil filters, industrial wipers and other
absorbent materials, arid used oils
recovered from scrap metals are all
subject to the part 279 used oil '"-.{"_
management standards; when they are
recycled. Commenters were in favor of ^
requiring proper management of wipers
and sorptive material* contaminated
with used oil, as long as the used oil has
: been removed and no free-flowing oil -
remains associated with the solid waste
mixture. ' .. . '-- ''" ;
In the September 1991 Supplemental
Notice, EPA proposed a one drop test
for determining when there is no free-
flowing used oil remaining in a mixture.
The Agency has decided, against using
the one drop test, because EPA is unable
to address me question of how to
determine when one drop is formulated.
Instead, the Agency decided to apply a
-free-flowing concept to mixtures of .used
oil/and other solid wastes. The used oil
from such, mixtures, when subjected to
mechanical pressure devices such as
cloth wringers/squeezers or gravity
draining, can easily be removed so that
no free-flowing oil remains associated
with the other solidTyaste(s). Therefore,
EPA has decided to apply the concejpt of
no free-flowing oil, rather than-a one
drop test EPA encourages the handlers
The Agency is,currently evaluating several
options to change the hazardous waste '
identification program (see 57 FR21450; May 20,
1992). Depending upon, which option^] the Agency
promulgates foriazardbus waste identification, the"
mixture rule at | 261.3 may be altered or abolished. '
Hence,, the regulation :of used oils that are mixed
with hazardous wastes may change.
of used oil and other solid wastes to
remove used oil to the extent possible
such that there is no visible sign of :free-
flowirig oil in the remaining solid waste.
The storage and handling of the
mixtures prior to the separation of the
used oil: must be fn compliance with the
management standards for recycled
used oil promulgated today. If any used
oil that is removed from a mixture
cannot be recycled, the generator of the
used oil must manage the used oil in ;
accordance with the disposal
requirements of pajrt 279, subpart I. -
Materials from which used oils have-
been removed must be managed safely
and in accordance' with all applicable
RCRA regulations-upon removal of used
".'.iff. Mixture afignftable solvents and
used oil In the 1991 Supplemental
Notice, EPA requested comments on
whether the Agency should allow ; '
burning of mixtures of used oil and -
characteristic waste (i.e., waste
exhibiting characteristics of ^nitability)
.such asy mineral spirits as a usedoirfuel.
The commentera.8tated that the burning
of such mixtures can be performed in
compliance with fte used oil fuel .
specification requirements. The "
comnienters also pointed->put that
mineral spirits, petroleum distillates are
used in place of halbgenated solvents as
cleaning agents, degreasing fluids or
part-cleaning solvents in automotive ,
arid vehicle-maintenance industry arid
metalworkirig operations. The minerar
spirits, petroleum distillates are then
mixed with used oil.to'eliminate the ;
characteristic of ignitebility and then -
sent off-site for recycling as a used oil
.fuel. Based on the available data, the
Agency has concluded that the mixing to
manage ignitable solvents appears to be
acceptable, provided the characteristic
_ of ignitabili ty jpf the 'ignitable solvents is
removed. ;., '-" :
EPA believes that if the solvents^ are
hazardous only because of ignitability,
-arid are not listed in part 261, subpart D,
and do not. exhibit the^toxicity
characterisu'c, then mixing the solvents
in witii used oil should not affect the
chemical constituents or other ';:
properties of used oil. The solvents in
question (i.e^ mineral spirits) are
petroleum fractions, are typically used
by the same businesses that generate
used oilป and are managed in a manner
similar to used oil, i.e., burning for "-,
energy recovery or distillation to recover
the solvent. As suchi efficient arid sound
management can include mixing with ;
used oil by usedoilgenera tors,, and-
management by used oil processors arid ;
re-refiners. If the mixture exhibits the
characteristic of Jgnitability, however,
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ปf.o.vr --" .ป - . ,
41582 Federal Rejdster / Vol. 57, No. 176 / Thursday, September 10, 1992 / Rules and Regulations
this can mean that the mixing has
changed the nature of hazards involved
In managing the used oil, and this
mixture should remain subject to
hazardous waste controls.
d. Used oil fuels. Since the final used
oil burning and blending rule was
published on November 29,1985, used
oils burned for energy recovery have,
been regulated under 'to CFR part 266,
subpart E. Today's rule removes subpart
E from part 268 and incorporates (with
minor modifications) the existing
management standards for used oil
marketers and burners (including the
used oil fuel specification) into part 279.
Used oil burned for energy recovery is
subject to regulation under subpart G of
part 279, unless the used oil is mixed
with hazardous waste. Mixtures of used
oil and hazardous waste that are burned
as fuel for energy recovery in an
industrial boiler or furnace will continue
to be subject to 40 CFR part 266, subpart
H, the standards for hazardous waste
burned in boilers and industrial
furnaces.9
(Note; Used oils that are identified as
hazardous wastes may be burned for
energy recovery in compliance with part
279 instead of 40 CFR part 268, subpart
H, provided the used oil fuel is
hazardous solely because it exhibits a
characteristic of hazardous waste by'its
own nature or was mixed with
hazardous waste generated by a
conditionally exempt small quantity
generator regulated under 40 CFR 261.5.)
e. SPCC Program. Today's rule
regulates the storage of used oils in
aboveground tanks and containers.
Used oils stored in underground storage
tanks remain subject to the standards of
40 CFR part 280. Under section 311 of
the Clean Water Act, EPA has "
promulgated regulations for the
prevention of oil spills into navigable
waterways. These rules are known as
the Spill Prevention Control and
Counter-measure (SPCC) regulations and
are codified at 40 CFR part 112. The
SPCC requirements apply to non-
transportation-related facilities located
in the proximity of navigable waters;
they cover facilities with underground
storage capacity over 42,000 gallons,
aboveground storage capacity greater
than 1,320 gallons, or single tank
capacity of 660 gallons. The SPCC
definition of oil is very broad and covers
all petroleum and oil product-storing
facilities handling waste oil, fuel oil and
"oil refuse;" therefore, persons and
facilities storing used oil may already be
subject to the SPCC regulations. The
used oil facilities covered under the
SPCC regulations will continue to be
subject to those requirements
independent of the used oil storage
requirements promulgated today for the
used oil industry participants.
The SPCC regulations are designed to
address prevention of oil spills and the
associated contamination or threat of
contamination of surface water.
However, the regulations do not
specifically, address the mitigation of
discharges that contaminate soil and/or
ground water without posing a threat of
contamination of surface waters. In
addition, the National Oil and
Hazardous Substances Contingency
Plan (NCP) at 40 CFR part 300 requires
removal of oil forming a sheen on
surface water but does not require
cleanup-of oil-contaminated areas that
do not pose a threat of contamination of
surface waters. EPA believes that
approximately 50 percent of the used oil
generator universe, most of the used oil
transporters and processors and re-
refiners, and more than half of the off-
specification used oil burners are likely
to be covered under the SPCC program.
EPA also believes that less than 10
percent of the used oil industry
participants are excluded from the SPCC
program because they are .not located in
the vicinity of navigable waterways.10
When today's used oil management
standards become effective, the
aboveground used oil storage and
processing tanks and containers located
at used oil transfer facilities owned.or
operated by used oil collectors/
' transporters, used oil processing and re-
refining facilities, and off-specification
used oil burner sites will be subjected to
the RCRA section 3014 requirements.
These used oil handlers also will be
subject to the applicable SPCC
regulations in 40 CFR part 112.
f. Storage in Underground Tanks. .
Used oil handlers who. store used oil in -
undergrpund storage tanks (USTs) 11
* Used oil that Is mixed with hazardous wastes
and Is incinerated (te,}, burning docs not include
energy recovery) must be Incinerated in units that
arc In compliance with subpart O of 49 CFR parti
ฃ04/205. Any used oil that In incinerated In units
rvgulfltcd under parts 284/285, subpart O. must be
mnnagcd In accordance with all applicable part 279
requirements prior to Us incineration. .
- ซ See the background document pertaining to
how the costs and benefits of today's rule were
derived for a further explanation of how many
facilities are not subject to the SPCC requirements.
The background document is available in the docket
for today's rule.
11 In'40 CFR 280.12, underground storage tank is
defined as any one or combination of tanks that is
used to contain an accumulation of regulated
substances, and the volume of which (including the
volume of underground pipes connected thereto) is
ten percent of more beneath the surface of the
ground. ,
must comply with the standards in 40
CFR part 280. The technical standards
for USTs, including USTs that are used
to-store used oils, were promulgated
after the 1985 proposed used oil
management standards. The Agency
stated in the preamble to the UST final
rule (53 FR 37112) that used oil, when
stored hi underground tanks, presents
risks similar to other petroleum products
stored in USTs. As a result, EPA
determined that owners and .operators
of used oil USTs must comply with the
standards promulgated for petroleum
USTs,
g. Conditional Exemptions
/. Distillation Bottoms from Re- ~
refining of Used Oil. As proposed in
1985, EPA is promulgating an exemption
from the part 279 standards for
distillation bottoms derived from used
oil re-refining processes on the Condition
that the distillation bottoms are used as
ingredients in asphalt paving and
roofing materials. .Cpmmenters have
indicated that the use of distillation .' .
bottoms, io make asphalt paving ,'
materials is a common practice.
Commenter-submitted data also indicate .
that distillation bottoms from re-refining
processes do not 'exhibit the toxicity L;
characteristic, and the Agency has no '<
data to refute this claim. Therefore, EPA
sees no reason to prohibit or restrict the .
use of re-refining distillation bottoms in :
the production of asphalt materials and
is therefore excluding used oil residuals
used in this manner from the definition
of hazardous waste. ; ,:
//. Inserting of used oil in crude oil'or
natural gas pipelines. Several , , ,, ,
commenters, in response to,the 1985
proposed management standardst , ,
requested that EPA exempt upstreajn
crude oil operations from the used oil :
management standards. These
commenters believed that the practice of
returning used oil to the refihe.ry through >
the crude oil pipeline affords a high ,
level of protection to human health and
the environment, and additional .
requirements are unnecessary. Some,
commenters suggested that natural gas
processing plants who may introduce ;
used oil in the natural gas prqce'ss ; V '...
stream should be exempted as well.,' . :.
fa response to these comments, EP/L .
agrees that once introduced, to a pipeline ..
at crude oil or natural gas processing.' ,
facilities, the possibility of releases to
the environment is not greater for used
oil than for crude oil and, therefore, is ,
providing an exemption from the , -'...='
management standards for used oils that
are placed directly into a crude oil ,
pipeline. Similar exemption is provided
to the owners/operators of natural gas ;
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Federal Register / Vql. 57,
10, L92 / Re and; Regulations 41583
processing plants may choose to
introduce-used oil generated on site into,
a natural gas pipeline. The exemption
applies to such used oils after the used
oils are placed into the pipeline. Prior to
being placed into a crude oil pipeline,
the.used oils are subject to all . :
applicable used oil management - "' '-
standards promulgated today as part of
part 279, including all used oil storage
requirements, because at that point, the
used oil could be released through leaks
or spills, as could any other used oil.
in. Used oil/diesel fuel mixtures. -.
Some used oil generators blend the used
oils they generate from the diesel-
powered vehicles they own or operate
with diesel fuel for use in these vehicles.
As EPA explained in the 1985 proposed
rule (50 FR 49220), this blending should:
result in fuel that is very low in toxic
contaminants. EPA also explained in
1985 that mixing of used oils with diesel
fuel is often recommended by diesel
engine manufacturers. In addition, data
available to EPA suggest that used
diesel engine crankcase oils are quite'
low in contaminants as generated. Since
diesel fuel is itself typically low in toxic
metals, a ^dilution ratio that assures a
high concentration of diesel fuel to used
diesel crankcase oils would seem to
ensure the resultant blended fuel will
meet the used oil fuel specification. EPA
also believes that such blending is not
done on a very frequent basis and the
resultant blended fuel is kept on site for
use in the generator's own vehicles.
Therefore^EPAis exempting this
activity from the processing and re-
refining facility standards of part 279 for
., generators-who- engage in this practice
, on-site and use; the'resultant fuelonly in
their own vehicles. Such generators are,
however,' still subject to the generator
standards of subpart C of part 279,'prior
to mixing the used oils with diesel fuel,
and the resulting fuel must be managed
in accordance with the used oil fuel
specification regulations.
. iy. de minimi's wastewater mixtures.
As proposed iii 1985, the Agency has
decided to exempt wastewaters '
contaminated with de minimis
quantities of used oil from the part 279
requirements. These wastewaters are
covered under the Clean Water Act
regulations. The majority of commenters
supported such an exemption, EPA is
today finalizing the definition for de
minimis quantities of used oil that was
proposed in 1985: "small spills, leaks, or
drippings from pumps, machinery, pipes,
. and other similar equipment during .
normal operations or when small
amounts of oil are lost to the
wastewater treatment system during
washing or draining operations." As ,
discussed above, used oils recovered
_ from wastewaters, however, will be
subjected to the part 279 used oil
management standards and must be :
managed accordingly. In addition, if '
such wastewaters are discharged to a
surface water, the wastewater must
meet all-applicable NPDES limits
promulgated under section 402rbf the
Clean Water Act. Wastewaters , ,
discharged to POTWs must meet the
applicable pretreatment standards ,
established pursuant to- section 307(b) of
the Clean Water Act.
v. PCB-contaminated used oils. Used
oils that are contaminated with PCBs .
and regulated under 40 CFR part 761 are
not subject to the used oil management
standards promulgated today as 40 CFR
part 279. The Agency believes that the
current requirements in part 761 for
PCB-contamiria ted wastes adequately
control the managementiand disposal of:
used oils containing PCBs. :
vi. Used Oils sprayed onto coal. When
used oils are sprayed .onto coal, to - ,
suppress dust during the transport of
coal, the used oil/coal mixture destined
for energy recovery is. considered a used
oil fuel and is regulated under part 279
subpart G. However, used oils that
remain in con tamers (including railroad^
tank cars and trucks) after the removal
of the coal must be managed in;
accordance with all applicable part 279
standards. v '- '
h.CERCLA Liability Exemption and
Its Applicability to Service Station
Dealers. Service Station Dealers (SSDs),
as defined by section 101(37) of,
CERCLA, will become; eligible for the
exemption from CERCLA liability for '<"'.'
recycled oil as a restdt of today's rule,
provided that they meet the ':
requirements of section 114(c) of
CERCLA. The exemption is limited to '.'-'
gerierator~liability under section ; :
107{a)(3) of GERCLA and transporter
liability under section 107(a)(4); it does '.
not cover owner and operator liability
under section 107(a)(l) and (2}J The
exemption applies to liability for
injunctive relief under section 106(a) and
for cost recovery under section ,107. In
order to qualify for the exemption, an
SSD must meet the following
requirement of sections 114(c) and
101(37): (1) The SSD must be in "
compliance with the used oil
management standards .that EPA is /
promulgating today, discussed in
sections VI.D;2 and VLD.3, respectively,
of the preamble; (2) the used oil must not
be mixed with any other hazardous
substance; and (3) the SSD must accept
"do-it-yourself^ generated used oil for
recycling. Further, ihe exemption applies
only to "recycled oil" as defined in
section 1004(37) of RCRA. ."''.-.-
The used oil management standards,
in particular, include corrective action
requirem'ents for used oil releases after
the effective date of the rule (i.e.,
response to used oirreleases). The SSD
must comply with these and with other
applicable requirements, i.e., the part:
280 standards for underground storage
tanks, and part 112 standards for
aboyeground containers and tanks, as
appropriate. In addition, the SSD
complying with the corrective action
.requirements for underground storage
tanks used for used oil storage will
become eligible for the exemption. The
exemption is not available for the SSD's
own facility.
SSDs becomes eligible to assert the
exemption om the effective date of the ->
used oil regulations under section 3014:
of RCRA. that include, among other
provisions, a requirement to conduct ' '
corrective action to respond to any , ' .
releases of recycled oil under subtitle C
or subtitle I of such Act, (See CERCLA
section 114(c)(4).)li Today's rules
provide for corrective action by 'cross-
referencing subtitle I for releases from
underground tanks and the part'112
regulations for, abovegrpund SPCC
tanks. For. containers and other
aboveground tanks, today's rule
establishes new requirements for
responding to releases under RCRAi
section 3014, a subtitle C authority. In
non-authorizecl State's, the rules become
effective [insert date 6 months;fr6m
publication). In authorized States, the
rules will not become effectiye until the
State, adopts irules under its iown / .[".'
authoritie^r Prior, to State aSbp.tiQn, an ,
SSD may be eligible for the exemption if
it can denionstrate compliance with,. ;
EPA's regulations. In both authorized '
and npn^authorized states, after .the ;
iailes take effect, EPA would generally
not pursue an enforcement action : ;
against SSD for which the exemption
potentially applies unless it has reason
to believe that the SSD is not complying
with the;section 30i4Tegulations, or fails:
to meet any other conditions of CERCLA
section 114(c) and 101(37). EPA will .
determine whether a CERCLA =
enforcement action; is appropriate on a
ca'se^by-casebasis. EPA's
determination, of course, is not,binding
on other persons, including states, that
might bring an action under CERCLA. In
such cases, the SSD may have to show
12 The Comprehensive Environhiental Response, : -
Compensatiori, and Uability Act of 1980 (Superfund)'
(Pub. L. 96-510), as amended by The Superfund .
Amendments and Reauthorizalion Act of 1988 (Pub.'
L, 89-499), December: 1988,'p. 71.. ...:" ; ' / ' v
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Ft?tjgraI:Rfigister./ Vol...57. No. .176. / -Thursday; September 1Q<.
that it has complied with the used oil,
management standards and met the
other conditions of section 114(c) and
101(37) through record or other means.
As mentioned above, EPA has
determined today that SSDs must follow
existing regulations promulgated under
Subtitle I of RCRA to respond to
releases of recycled oil from
underground storage tanks (USTs). SSDs
and other owners of underground tanks
had to begin complying with these
regulations in 1988. The exemption for
SSDs, however, could not take effect
until EPA determined that compliance
with these regulations would satisfy
section 114(c) of CERCLA. In authorized
states, the states themselves must adopt
regulations governing underground
tanks. While EPA encourages the states
to rely on the subtitle I rules, the states
may adopt more stringent requirements.
Hence, EPA believes that the standards
for underground tanks do not "take
effect" for the purpose of the section
114(c) exemption in an authorized state
until that state adopts used oil
management standards under its own
authorities.
Finally, section 101(37){C) of CERCLA
provides that the President shall
promulgate regulations further defining
"service station dealer" pertaining to the
"significant" percentage of gross
revenues from motor vehicle fueling,
servicing including lube and tune up, or
repairing activities provided to the
public on a commercial basis. The
legislative history states, "To prevent
the creation and use of 'service station
dealerships' as a front for hazardous
waste management firms or commercial
generators of hazardous substances that
want the benefit of this exemption from
liability, a significant percentage of the
business' gross revenue must be derived
from the fueling, repairing, or servicing
of motor vehicles. Business operations,.
such as large retail establishments or
car and truck dealerships that have a
legitimate, commercial automotive
service component, are intended to be
covered by this definition. However, a
retail establishment that does not derive
revenue from fueling, repairing, or
servicing motor vehicles does not
qualify under this definition. To the -
extent establishments that do not
qualify under this definition produce
large quantities of used oil, they are .
TABLE VI.2.USED OIL
[Generator standards]
.industrialgenerators and are to be
treated like other generators."13
2. Standards for Used Oil Generators
a. Applicability. The standards for
used oil generators have been
promulgated as subpart C of part 279.
Table' VI.2 lists applicable requirements
and provides regulatory citations. These
standards apply to used oil generators
ass defined in subpart B of part 279. 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 regulations. For !
example, generators include all persons
and businesses who produce used oil
through commercial or industrial
operations and vehicle services,
including government agencies, and/or
persons and businesses who collect
used oil from households and "do-it- -'
yourself oil changers. Household "do-
it-yourselfer" used oil generators or
private individuals who generate used
oil through the maintenance of their
personal vehicles are not subject to the
used oil generators standards.
13 H. Rep. No. 99-962, 99th Cong.. 2nd Sess. (19B6).
at 226. . '"'.'.
Requirement
Usod oi on v0fiffiฃrfs ,.ป.<* ,,ป ,.ซ. ซ-. .. ซ , ,ซซ ... .... ..ป ..., -,.....
Oo*s*t$ pwnMfl In spscฉ bf&aters . . ,,....,.,
fatty.
AccwKjfollOfl ItmitM^M..*..^..^..^.^.....^ .......... ............
OoiUfQow .>*ปปซ.ปปป. ปซ *. ...ป ซ... ........... . ... .. ...ป ซ... M ......
CoZactKxi Ctm.'efX
Do*H*youfฃQ{f0f collection centers ซ. ซ. ...
Usod ol floof&o&tion cdnts ,ปป......ซ..ซ. ป.ซ.....ป...,.ป........ ,
New or existing
New - ,,....ป. .,..,,......, 4........... * ,
NSW '',>-' ..,.,..,...,.
New . ,....,........, ...
New ' , , , ., ,.., ..;
New ;....,....,...*..
(Mew . ....
Existing .... , - ..."
New . .... '.. ... ......v. .... ...ป t
NA r,.,:
MA . , .......
NA . ;.....,.........,
New
"New.... ,....'. ...
Regulatory citation
'ง 279.20(a)(2).
ง 279.20(a)(3).
ง 279.20(a)(4).-
ง'279.20(b).
ง279.21.
ง279.22(3).
ง 279.22(b).
ง 279.22(0).
ง279.22(d).
ง 279.23.
ง279.24.
40 CFR part 11 2:
40 CFR part 280.
None.
None.
None.
ง 279.30.
ง279.31.
ง 279.32.
The Agency has decided to regulate
all used oil generators under one set of
minimum management standards.
Today's rule does not exempt any class
of generators based upon a generation
rate. In the September 1991
Supplemental Notice, FPA proposed to
eliminate the regulatory distinction
between small quantity and large
quantity used oil generators (the Agency
had proposed such a distinction in the
November 1985 proposed rulemaking].
The majority of commenters who
responded to the September 1991
Supplemental Notice on this issue
supported the proposed-elimination of
the regulatory distinction for generators.
In the 1991 Supplemental Notice, "
while proposing to cover all used oil
generators under the RCRA section 3014
management standards, EPA discussed
the advantages of such an approach to
the regulated community, regulating .
agencies, and do-it-yourself'used oil
generators. The major advantages that
EPA envisions are as follows. Such an
-------
585
approach minimizes complexity by
: placing all used oil generators under
uniform regulatory requirements; it
eliminates the need for measuring
quantities of used oils collected and
stored each month; it eliminates the '
concerns that generators, could be
bumped into a more stringent regulatory
category if the collect DIY-generated
used oils; and above all, it allows for a
system whereby all used oil is collected,
, recycled,, and managed in an ' .
, environmentally sound manner, thus
reducing hazards to human health and
thejenvironment. Another major
advantage, as discussed earlier in
section V.D.li., is that approximately
30,000 used oil generators who meet the
CERCLA section 114(c) "service station"
definition qualify for the liability .;
exemption if they accept DIY-generated
used oil and comply with the used oil
management standards, including
corrective action (i.e., used oil spill
response and clean up requirements}^
EPA decided against providing a small
quantity generator exejhption for the
following reasons:
,ป. The generator standards established
today are basic and minima] good
housekeeping practices that include
maintaining all tanks and containers in good
. condition, labeling tanks and. containers, and
cleaning up. spills and releases of used oil.-
They are substantially less than those
proposed in 1985 and 1991.
Large generators who use tanks that
exceed the capacity limits and other
prerequisites established under the SPCCand
UST programs are subject to the containment
and correct! ve.action. requirements in those
-, programs. These programs provide additional
protection necessary afused oil generator,
. sites appropriately beyond the basic
standards contained in today's rule,
The collection of DIY-generated used oil
would be discouraged due to the inherent
concern for generators of being bumped into ,
a higher category (e.g., if aa exemption was
set at 100 kg/mo, generators would be
unwilling to accept DIY-generated-used oils
because of the concern that the additional
quantities of used oil would require them to
comply with the management standardsJ,
Generators may have to keep records of
used oil generation activities to demonstrate
that they qualify from an exemption. It is
probable that some generators may dump
used oil to show that they only'generate a
quantity .of used.oil that is less flian.the
quantity limit for defining a small quantity
used oil generator. . "
.-." ป An extensive education and; outreach
program would be necessary to explain the
interface between the used oil generator
exemption and the CERCLA liability
exemption. ' ,.'".'
Existing-mismanagement practices at
. certain generator sites would continue. ;
resulting in ongoing risks to human health -:'.'
- and the environment. '""' .' .
As discussed in Section X of this
preamble, the costs of compliance, are
relatively small; on a per facility basis, even
though total costs to generators may be 39 to
66 percent of the totalcosts to the regulated
community. '''..'
b. Used oil generated on ships. In the
case of used-oils generated by ships or
vessels (as defined in 40 CER 280.10),
these used oils are not subjeet'to the
used oil management standards until the
used oils are transported ashore. When
used oils are removed from a ship or
vessel and taken ashore, the owner or
operator of the; ship or vessel and the
person or persons removing or accepting
thia used oil from the Vessel are co-
generators of the used oil and both
parties' are responsible for managing the
used oil in accordance with the used oil
generator standards in subpart C of part
279. The co-generators may decide
which party will fulfill the requirements
of subpart C. Bilge water that contains
used oil but does not contain listed
hazardous waste when brought ashore
must be managed in compliance with..
the generator standards in today's rule
prior to subjecting it to separation steps
that use oil/water separators. Bilge
water containing listed hazardous waste
is subject to RCRA subtitleC
regulations once brought ashore. EPA i
believes that large quantities of bilge
water.are not generally stored for an'
extended period but are processed soon
after their arrival on the shore. After
separation the used oil portion of the
bilge water must be'maintained in
complianqe.with the Used oil generator
standards. The remaining wastewater
separated from'bilge water must be
managed in accordance with the ".
applicable RCRA regulations and any
discharged is subject to applicable
Clean Water Act regulations. {See
งง279,10(el(3)and279.20(a)(2).J
c^ Management of Materials
Contaminated with Used Oil.-As..
discussed above, used oi! thatis mixed
with a hazardous waste must be
managed as a hazardous waste in
accordance with all applicable RCRA
requirements. Persons who generate
mixtures of used oil and other materials
or solid wastes (eg,, used oil filters,
rags, sorptive minerals, sorbent
materials, scrap metals) are subject to
part 279. Used oil removed from :. -.'..
mixtures must be managed in
accordance with the requirements of
part 279 and either sent off-site for
recycling or reused on-sfte. If the used
oil removed from the mixture cannot be
recycled, the generator must comply -
with the requirements of subpart I of.
part 279 for disposal of the used oil.
Mixture of used oil and solid waste (e.g.,
natural or synthetic sorbent materials)
from which used oil can not be
separated when burned for energy
V recovery is'subject to used oil
specification fuei requirements.
After separating used oils from other
materials or solid wastes, the remaining
material or solid waste must be.
managed in accordance with any and all
applicable RCRA requirements. The
generator must determine whether or .
. not the materials that previously
contained used oil exhibit a
- characteristic of hazardous waste (with
the exception of non-terne-plated used
oil filters; see 57 FR 21534), and if so,
manage theni in accordance with
existing RCRA controls. If the material
does not exhibit a hazardous
characteristic (and is; not mixed with a
listed hazardous waste) then the
material can be managed as a solid
waste.:".- ;, ' ;.. "
d. Oit-Site Management of Used Oil.
As discussed, above, generators who
blend used oil with diesel fuelfor use in
their own vehicles need not manage the
used oil/dieser fuel mixture in
accordance with the generator
;requirements,of part 279; EPA believes
. that used oil/diesel fuel mixtures should
be stored properly to ensure against
possible spills1, fire,, and explosion- '
hazards. Prior to mixing With diesel:fuel,
these used oils are subject to the part
279 generator standards. Generators
may use such a mixture in their own
vehicles.
Used oil generators who djspose of
: used oil on-site must test the used oil or
apply their knowledge to determine
whether Or not the used oil exhibits a\
hazardous waste characteristic; If the
used oil exhibits a characteristic-of
, hazardous waste, the used: oil must be
disposed in accordance with all
applicable RCRA requirements. When .
disposing used'oil that pannoibe -
recycled, the generator must comply -
with subpart I of part 279, relatinjg to x
proper management and disposal of \ ,.
used;oils. Used oil generators processing
used oil on site are subject to standards
"for used oil processors/re-refiners
ปpromulgated today.
.; ev Oii-Site Storage. Used oil
generators are required-to store used oil
in tanks of containers and must
;maintain all tanks and containers: in ,
good operafing condition. In;maintaining
all tanks and containers in good
condition, generators must ensure that
all tanks and containers are free of any
visible spills or leaks, as well as
structural damage or deteriofation.
Generators storingused oil in
abovegrouhd tanks and containers must
clearly label all tanks and containers '
.with.the term "used oil."Generators
who store used oil in underground tanks
must label all fill pipes with the words
-------
11588 Federal Register / V6l.'57rJ>Jo."176 / Thurงday.' SepfermberiQ,-11392V 'Rates and
"used oil." The labeling requirements
are meant to assist generator employees
in identifying all tanks and containers
used to store used oil and to avoid
unintentional mixing. In the 1985
proposed rule, EPA solicited comment
on a requirement to label all used oil
tanks and containers with the words
"recycled oil." Commenters
overwhelmingly responded that such a
term would be confusing because tanks
and containers are used to store used.oil
before it is recycled. Therefore, the
majority of commenters favored labeling
used oil storage units with the words,
"used oil-
Used oil generators, who are covered
under the Spill Prevention, Control, and
Countermeasure (SPCC) program will
continue to be subject to the
requirements of 40 CFR part 112.
Similarly, generators storing used oil in
underground storage tanks (whether or
not the used oil exhibits any
characteristics of hazardous waste)
must comply with the standards in 40
CFR part 280, which are independently
applicable and enforceable. As
discussed in the Supplemental Proposal,
technical standards for underground
storage tanks (USTs) have been
promulgated since publication of the
1985 proposed rule. The Agency stated
in the preamble to the UST final rule (53
FR 37112; September 23,1988) that EPA
believes that used oil, when stored in
underground tanks, presents risks
similar to other petroleum products
stored in USTs, As a result, EPA
determined that owners or operators of
used oil USTs (including used oil
generators) must comply with the tank
upgrading, operation and maintenance,
corrosion protection, corrective action,
closure, and financial responsibility
requirements promulgated under part
260 for other petroleum product USTs,
The Agency believes that the Subtitle I
standards are sufficient to protect
human health and the environment from
potential releases of used oil from USTs.
In addition, commenters to the 1991
Supplemental Notice felt that subjecting
underground storage of used oil to
standards beyond those in part 200 was
unnecessarily burdensome and
duplicative.
Storage of used oil in lagoons, pits, or
surface impoundments is prohibited,
unless the generator is storing only
wastewaters containing de minimi's
quantities of used oil, or unless the unit
is in full compliance with 40 CFR part
264/265, subpart K. The Agency believes
that such.units do not provide adequate
protection of human health and the
environment against potential releases
and damages. In fact, the Agency has
documented numerous cas.es -of
environmental damage from the storage
of used oil in these units (see
Environmental Damage from Used Oil
Mismanagement, Final Draft Report,
U.S. EPA, August 30,1991, which is
available in the docket for today's rulg).
f. Response to Releases. Whenever a
release occurs to the environment from
the aboveground storage tanks and
containers, a used oil generator must
respond in a timely manner by taking
the following steps: (1) Stop the release,
(2) contain the released used oil, (3)
clean up and properly manage released
used oil and materials used for cleaning
up/containing the release, and (4)
remove the tank or container from
service, repair, or replace the tank or
container before returning it to service.
This above requirement applies only
when there is a release tq the
environment. Under this rule, this would
not include releases within contained
areas such as concrete floors or
impervious containment areas, unless
the releases go beyond the contained
areas. EPA believes that used oil spills
or leaks occurring at generator facilities'
in an area with a concrete floor inside a .
building (e.g., in service bays, ^
maintenance garages, fnetalworking and
fabricating locations) are cleaned up
upon discovery as a general operating
practice using appropriate sorbent
materials before the used oil reaches the
environment. Such clean up operations
prevent the potential contamination of
unprotected soils in the vicinity of the
storage and work areas. The facility
owners or operators' must make sure
that adequate quantities of sorbent
materials are available on site all the
time and is used to contain spills or
leaks occurring during the normal
activities.
The response to release provision
does not require clean up of past
releases to the environment which
occurred prior to the effective date of
the used oil program within an
authorized state in which a used oil
facility is located. Releases of used oil
from underground storage, tanks are
subject to the requirements of,40 CFR
part 280, subpart F independently as
applicable.
In addition to the provisions listed
above for releases of used oil from
aboveground tanks and containers, and
in addition to the corrective action
requirements for releases from USTs
' provided in 40 CFR part 280, subpart F,
used oil generators are required, under
CERCLA section 103, to report a release
of hazardous substances to the
environment when the release is equal
to or in excess "of the reportable quantity
(RQ) for. the particular substance. Used
oils that are contaminated with,
CERCJLA hazardous substances (e.g.,
due to the presence of elevated levels of
lead) contain CERCLA hazardous ".'
substances. Therefore, releases of such
contaminants (e.g., lead) into the
environment in quantities greater than
the reportable quantity must be reported '
to the National Response Center. The
current RQs for contaminants are listed
in 40 CFR 302.4. In addition, under 40
CFR part 110, any discharge of oil that
violates applicable water quality
standards or causes .a film or sheen on a
water surface must be reported to the
National Response Center. .
g.. Off-site transport. Used oil
generators are required to ensure that
all shipments of used oil in quantities ''
greater than 55 gallons are transported
off-site only by transporters who have
an EPA identification number. Used oil
generators may transport, in their own ,
vehicles, up to 55 gallons of used oil, ,
that is either generated on-site of
collected from DIY used oil generators,
to a DIY used oil collection center, used
oil collection center, or aggregation
point (e.g., one that is licensed or
recognized by a state or municipal
government to manage used oil or solid
waste). A used oil generator is not
required to,obtain an EPA identification
number for this off-site transportation,"
activity, A generator may also self-
transport up to 55 gallons of used.oil, in -
the generators's own vehicle,'to an
aggregation point owned by the used oil.
generator without obtaining an EPA
identification number, EPA selected 55
gallons as a cut off quantity because
that is the size of one drum. Also, the
Agency feels that any quantity of used
oil less than 55 gallbns cannot be -
economically collected and transported
by a used oil transporter.
The DIY used oil collection centers, , ;
used oil collection centers, and
aggregation points referred to above are
recognized by EPA as separate and
legitimate entities in the used oil
management System. Definitions of.
these terms are provided in ง 279.1 and
all three types of facilities fall within the
definition of used oil generator. A used
oil collection center is any site or facility
registered/licensed/permitted/ /
recognized by a s'ta'te/county/municipal
government to collect used oil from .
regulated generators prior to its pickup
by a used oil transporter with an " " '_ .
identification number for offsite
recycling. EPA believes that these .
facilities handle small quantities of used
oil on an occasional basis and local
government would monitor their
operations arid make sure that these
-------
f
sites are operating per the local-
government specified guidelines. Such
used oil collection centers must use used
oil transporters with EPA identification
number when sending used oil for offsite
recycling. ' ::
Used oil collection centers may accept
used oils from DIY generators as well as
regulated used oil generators (in
quantities less than or equal to 55
gallons per shipment). EPA believes that
used oil quantities of less than 55,
gallons (i.e., content less than a 55;
gallon drum/container) are unlikely to
be accepted by the used oil collectors/
transporters for off site shipment.
,A used oil collection center accepting
only do-it-yourself generated used oil for
recycling also must comply with the
generator standards of part 279, subpart
C. These DIY collection centers may or
may not be recognized by the State or
county/local authorities to accept DIY
oil. DIY collection centers are centers
that are not authorized to accept used
oil from regulated generators. They are
generally operated by voluntary
organizations or local authorities as
convenient "drop off" places for -
.consumers to bring in their crankease oil
for recycling or proper disposal, similar
to. other household generated hazardous
waste [e.g., paint thinners, degreasing
fluids, over cleaners, insect killers).
These establishments niaybe temporary
by nature (e.g.* parking lots, schools,
government office buildings)'. DIY
. collection centers that are, operated to :
encourage DIY recycling are not
equipped to handle or collect large -.':'
quantities of used oil brought in for a
drop-off by non-DIY generators. These J
-centershave few'drums/containers to j
collect small:quantities of used oil -'..-...,
storedin a milk jug or mlcan/bottle, ,
that are brought in for recycling by /
individual households. An example of a
DIY used oil collection center is a site
run by a state or municipal program
established to collect used oil from
commercial and household generators, ''
such as Project ROSE in Alabama.
Unlike used oil transfer facilities, DIY ;
collection centers handle small
quantities of used oil/generated by
DIYers on an occasional basis and after
/collection send the DIY used oil for off-
site management. ...... ' ,
A used oil aggregation-point is any
site or facility where an individual
generator aggregates and/or stores
shipments of used oil generated at any
of several generation sites owned by the
same generator. Aggregation points also
may accept DIY-generated used oil. The
major distinction between collection V"
centers and aggregation points is that
aggregation points and the generation ;.
sites from which they collect used oil ,
are under-common ownership. EPA
views aggregation points.of used oil
'. generators, DIY collection centers, and
used oil collection centers as similar to
on-site facilities of used oil generators
and, therefore, is subjecting them to the
generator standards in subpart C of part
279. : ' ....-." :... .- " ' '- :
EPA believes that it is necessary to
allow used oil generators to self-
transport small quantities of used oil to
off-site collection centers or aggregation
points'to encourage generators of small
quantities of used oil, and generators -
who have several generation points, but
generate very small quantities of used
oil at one or a few of the generator's
, sites, to recycle their used oils. EPA
believes that used oil aggregation points
are convenient drop-off point for
satellite generator sites operated under
the common ownerships. Used oil
management at these aggregation points
must be hi compliance with the used oil
generators standards and used oil must
.be send for. offsite recycling using a used
oil transporter with an EPA --.
identification number.
If generators of small quantities of
used oil were required to offer these
small quantities of used oil to a used oil
transporter with ah EPA ID number, the
cost of employing the transporter may '
discourage the generator from recycling
the used o& In addition,, some used oil
transporters may only accept shipments
'of-used oil aboye.a certain quantity.
Therefore,-by providing this self-
transporting provisioni EPA believes
that generators who generate small
quantities of used oil in any one
calendar month will be discouraged
from storing used oil on-site for long
periods of time, or from disposing of the .
used oiL In addition, EPA believes that
the risk of spills from transporting such .
small amounts of used oil is relatively
low, thus/specific tracking of such
shipments is unnecessary to protect
human health and the environment.
h. Accumulation limit. Although EPA
proposed, both in 1985 and in 1991, to ,
restrict the accumulation of used oils '
stored by used-oil generators; today's
rule does not ctmtain an accumulation
limit for such used oil storage. EPA has
decided not to impose an accumulation
limit on generator storage since some
amount of used oilis almost always
stored at generator sites. Also, since '..
used oil is a marketable commodity, ;
there is an incentive: for genera tors to
.send.used oil off-site for recycling rather
than storing it on-site for prolonged '.-
periods. EPA believes that used oil is
not stored at the generator sites for a
prolonged period-since long-term storage
requires purchasing of additional
storage units for increasing storage
^capacity. This may result in additional
costs to.-businesses. or it may require
that they comply with other federal or
state regulations or local ordinance
.requirements./ ,
\\Tracking requirements. In the 1991.
SupplementarNotice, EPA proposed
three options for/the tracking of used oil
. from generators to used oil recycling
\ facilities (e.g., processors, re-refiners,
burners) to ensure that all shipments of
used oil reached recyclers of used oil.
Commenters favored the concept of
tracking shipments of used oil. Since the
1991 Notice, EPA has rerevaluated the
proposed tracking requirements and the
public comments. EPA also considered
the costs associated: with the tracking :
"options for generators and the: .-,-' .
-associated paperwork burden. In
addition, EPA re-evaluated the '.-'
recordkeeping requirements for used oil
generators and assessed the information
maintained by generators in normal -
operating records. Based on these
analyses, EPA has determined that
information maintained by'used: oil
transporters will provide sufficient .
records of-used,oil -transport activities
without burdening used oil generators
with additional tracking requirements. ;
Information collected:when accepting
used oil shipments, such as quantities
and type bfuse'd oil collected,, the name
and location of used ojl generators, and
analytical data;for,the rebuttable,
presumptioHi-would be maintained by
the used oil collectors/transporters as ,
part of the reeordkeeping reqiiirements
. finalized.today. Using this information;
maintained -by used oil transporters, the
Agency can track a used oil generator, if
needed. Therefore, the Agency has ; 7 :'
eliminated the proposed.tracking . '
requirerhents-for used oil generators,
EPA believes that used oiljgenerators
maintain used oil collection and
/shipment records as standard business
information.
j. Inspection requirements. In the 1985
and 1991 proposals, EPA proposed daily
inspection requirements for used oil
generators to assure the discovery of ..-.
used oil spills,and releases at use'd oil
generator facilities. Gommenters ;
- opposed the proposed daily inspection
requirements. Most of these commenters
claimed that when generators are , "
loading/transferring used oils, they !
check for leaks and spills and take .
appropriate action at that time to clean
up the released oil and contaminated
materials. Transferring pperations do -
not occur daily at generator sites. SPCG^
inspection and clean up-requirements ,
, will be applicable independently. '';.-.'
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Federal Rt&sfer / Vol.
"JO,
k. Closure Requirements. In the 1985
and 1991 proposals. EPA considered
deferring closure requirements for used
oil generators, based on the lack of risk
data supporting the need for closure
requirements at generator sites. Since
1981, while reviewing the available
Superfund site information and RCRA
enforcement case data, the Agency has
not located any damage information
specific to generator sites. This leads the
Agency to believe that damages at used
oil generator sites are not a substantial
concern (i.e., have not resulted in
environmental damage of a significant
magnitude that it has resulted in the site
being identified as the NPL site).
Therefore, the Agency believes that
closure requirements for used oil
generator sites are unnecessary at this
time, hence EPA is deferring such
requirements.
1. Exemption for Smell Farmers. In
response to comments expressing
concern over the expansion of RCRA
requirements to small fanners
generating used oils from heavy farming
equipment, machinery, and vehicles,
EPA is providing an exemption from the
generator standards for small farming
operations that generate on an average
25 gallons or less of used oil per month
in a calendar year. EPA is providing this
exemption lo these generators because
EPA believes that most of these-
generators, especially family farms, are
similar to household!!, whose solid
waste management is unregulated under
RCRA. Family-run and other small farnis
are similar to households in a number of
ways: They tend to have about the same
number of vehicles owned for personal
use; they tend to service and maintain
their family-owned vehicles and heavy
fanning equipment on-site; and, indeed,
small farms typically have residences
on-site which generate used oil and
other exempt household wastes. Also,
unlike small industrial generators who
usually are located within close
proximity to used oil collection centers
or who can easily arrange for used oils
to enter the used oil recycling system via
a used oil transporter, many family
farms end other small farming
operations are not readily accessible'to
collection centers. They may be using
used oil on site in space heaters for
heating purposes during the winter
months and hence, do not accumulate
more than 25 gallons of oil per month on
average which can be provided to used
oil transporters for recycling. Therefore,
EPA believes that small farms who
generate on an average 25 gallon's or
less per month of used oil in a calendar
year should be exempted from
regulation, as are households.
EPA has set the generation limit for
the small farmer exemption at, on an
average, 25 gallons or less of used oil
' per month in a calendar year to exempt
only small farms that may have special
difficulties in locating a used oil
recycling center or in otherwise
recycling the used oils they generate.
The 25 gallon cutoff is roughly
equivalent to the more general SQG
exemption for used oil generators the
Agency had considered in the 1985 and
1991 proposals and the 100 kg/month
exemption for the conditionally exempt
small quantity generators of hazardous
waste. EPA believes that small farms-
will have few pieces of equipment and
thus generate only small amounts of
used oil. Of the approximately two
million farms in the U.S., over 99 percent
would be exempt under this provision.
Finally, since small farms pose similar
problems for the used oil management
system as DIY from households, EPA
believes it may be more appropriate to
consider non-regulatory alternatives to
encourage the collection o~f used oils
from small farms, rather than the
management standards promulgated
today.
EPA's intention in providing this
exemption is not to exempt large
farming operations or businesses from
today's standards, EPA believes that
large farming operations do not face the
same difficulties in recycling the used oil
they generate and these operations are
better able to provide the used oils they
generate to the used oil recycling
system. The Agency is aware of current
activities undertaken by brokers who
are involved in collecting used oil
TABLE VI.3.USED OIL
[Transporter and transfer facility standards!
generated by large fanning operations
and'business.
EPA encourages small farmers, as
well as household used oil generators, to
recycle their used oil, and when
available, to participate in community
collection programs or used oil
collection facilities by cooperatives,
brokers, etc. As is the case with used
oils collected from households, used oil
"that is collected from these farms at
used oil co.llection centers and DIY-
collection centers is subject to the part
279 standards when collected and
accumulated at these collection centers.
Any use of used oil that can be
construed as application to land (e.g.
weed killing, spraying on plants) that is
performed by exempt farming
operations (or others) is discouraged
since EPA is concerned with long term
impacts of land application of used oil
on the environment. Also, exempted
farmers may be subject to state
regulations that may limit such
practices.
3. Standards for Used Oil Transporters
a. Applicability. A used oil collector/
transporter is any person or business
who collects used oil from more than
one generator or transporter or a
generator who transports shipments of
more than 55 gallons of used oil and
transports the used oil off-site to another
party or establishment for recycling, ,
disposal, or continued transport. Used
oil generators who transport shipments
of used oil in their own vehicles, in
quantities of 55 gallons or less (i.e., a
drum/container holding this quantity) to
used oil collection centers or
aggregation points14 are not within the
definition of a used oil transporter.
Household do-it-yourselfers who
transport used oil to generators,
collection centers, or aggregation points
also are not included in the definition of
a used oil transporter. Table VI.3 lists .
requirements for used oil transporters
and provides the regulatory citations.
14 Used oil'collection centers and aggregation
points are defined in Subpart A of Part 279.
Flequtrement
New or existing
. Regulatory citation
Gemal rtqu4fsmซits.,,,ป.ป ,..,...,
rranfpwtmi who podorm other management activities
Ruitae'Joo on processing used 08
NcBfteatkw and EPA tdontifeaHon number,, ,
UncxJ oK dcllvodos ,,ซ,.,... .'..._ _..,...,
DOT requirvrmnts ,...,ป........,..,.,...,.....,....,,
New.
New.
New.
Existing for transporters who ere marketers; new for others.
Neto :... .ป.'...'.; .,: -....,.
Existing (applicable independently) . .,.,..
ง279.40(a) through (c).~
ง 279,40(d).
ง279.41,
ง 279.42.
ง279.43(3).
ง279.43(b). :
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Fedteral Raster / Vol. 57-,-No.^.7Q / Thursday, September,-10,-2992-/ Rules and' Regulations 4ฃ5S9
TABLE- VI.3.USED OILContinued
[Transporter and transfer facility standards]
Requirement
Used oil .discharges
Rebuttable presumption for used oil . ..
Exceptions, from rrebuttable presiimption for CFC and metal-
wprking oils.
Record retention for rebuttable presumption:
Recordkeeping. :.
Storage limit
Type of storage units
Good Condition above ground tanks and containers
Secondary containment for containers and existing and new
above ground tanks.
Labelling of containers .and tanks .-. ,
Response to releases .'.
Tracking acceptance, deliveries, export, and recordkeeping
Tracking exports. ,
Management of residues'
SPCC requirements, including spill prevention and control
UST requirements, including corrective action and financial
responsibility;
Inspections
Closure
-
New or existing
New '
New ., ,
New
New. . . '
New . .
New
New .
New
New ,..'.
New . j '
Existing for transporters who are marketers (invo'ices); new. for
others.
New
New . >
Existing (applicable Independently).
Existing (applicable independently) ,
None '
Regulatory citation"
ง'279 43(c) " ~
ง 279 44(c)(1) and (2)
ง27944(d) *
ง 279 44(d)
ง 279 45(aV
f 279 45{b)
ง 279 45(c)
ง 279 45(d) (e) and (f) * '
827a4'5fol
| 279 45(h) - '
ง279!46(aUb), and(c).'
ง 279 46(d)
ง 279 47 '
40 CFR part 112
40 CFR part 280. >,
Owners and operators of used oil
transfer, facilities are also defined as
used oil transporters. A used oil transfer
facility is any transportation-related
facility where used oil shipments are
held for mote than 24 hours during the
course of normal transport prior to final
, transport to another transfer '' . '
facilityfies), a used oil processor/re;-
refiner, or a used oil burner. Transfer
facilities include such areas as loading,
"docks; parking areas, and tank and,; V
container Storage facilities'.'. All used oil '
'transporter's arereq'uired to comply with
the standards promulgated in subpart E
Of part 279. In addition, used oil. '.-.
transporters who'also handle other
hazardous waste must be in compliance
with all applicable RCRA subtitle" G
regulations for hazardous waste
"transporters.- ', : ,
Used oil transporters who process
used oils (including blending used oils
with virgin oils) are subject to the
standards for used oil processing and re-
refining facilities in subpart F of today's
rule. ' ..-" '."." ..... " :
Any person who transports used oil in ,
a Vehicle previously'used to transport '
hazardous waste must ensure that the
vehicle meets the definition of an empty
container per 40 CFR 261.7 prior to .
transporting used 'Oil. If the transporter
doe's riot comply with ง 261.7, the used-
oil shipment is considered to be a ;.- .
hazardous waste and must be managed "
accordingly. The definition of "empty"
requires that all non-acutely hazardous '
wastes be removed using common
industry practices and that no more than
0.3 percent of the waste by weight ;
' remain in containers greater than 110
gallons and h'o more than 3 percent by
weight remain in containers with 'a
capacity of less than or equal to 110
gallons.
Transporters who import used oil into
the United States and transporters who
export used oil to points outside of the
United States are subject to the used oil
transporter requirements of subpart E of
part 279 from the time the used oil enters
the United States until the time the used
oil exits the bprders of the United
States. - - '-;. \ '''.' -";/"/;_. . ' . "
b. Restrictions. Used oil transporters
are prohibited-from blending used Oils
with virgin oil to meet the specification
levels for use;d oil fuels in ง 279.11. If an
owner or operator of a transfer facility '
conducts any used oil processing,; '
including blending to market the used oil
as a fuel, the owner/operator must
comply with the requirements provided !
for used oil processors and re-refiners in
part 279, subpart F. EPA clarifies here
that blending different used oils together
to. consolidate shipments is allowed by
used/oil transporters^ The only blending
activity that transporters are prohibited :
from undertaking is the blending of used
oils with virgiri oils to meet the fuel ;"'
specifications. EPA has determined that
"incidental processing" (e.g., settling)
that may occur" at transporter,,sites when
used oil is in storage does hot pose any
risks similar to .those associated with
processing of used oil: EPA considers
"incidental processing" at transporter
facilities during shipment consolidation
or transfer not to be equivalent to ' -'V;'
blending or processing of used oil to
meet the specification'requiremehts for
used.oil fuels; Consolidation for" a ;
purpose of collecting a shipment full of
used oil to transfer to -a us'ed oil
processor/re-refiner' does not
necessarily require any treatment. When
_a used oil transporter markets a
consolidation of different loads of used
oil as an on-specification used oil fuel to
non-industrial boilers and furnaces, the
transporter \0ufst comply with the.4985 .
marketer requirements (e.g., claiming , : : :
that it ; meets] the:specification leyels, for ; , ,
used oil burned:for energy recovery) '';-'..
recodified; in part*2^9 today. .A "-..' '-,'--'"'- "
^transporter may njarket used oil as off-"'
-. specification fuel upon .cons'blidation pi '- "'
different loads of used oil withqiit " .' '
: making any specification claims and .-:- :' "
must comply with the ISaSr-establish.ed ,
requirements for marketers of off" ,' ;
specificatibn^used oil that ;are re,cptdified ^
in part, 279 today. ' "' "'
used oil transporter; who has npt
previously complied wjth the' ,' L. , ; '-.,'' r-
notification requireirients of RCRA. .-,.- , ,
section 3010 mu$t dp so and obtain an "
EPA identification riumberi :.'Ah ;EPA ,, :
identification number eah be Obtained 0
- by submitting EPA Form 870brl2 to the
appropriate EPA : RegibnalAdmihistratpr :
or Stdte Director. An EPA identification
number also can be- obtained by
submitting a letter to the EPA Regional
Administrator requesting an'EPA ,;
identification number and eontaihing the V
-following information: Company name,: X
name of the owner of the franspdrter - ''*;
company, mailing address, telephone i
.number and address of the point of '.....'" ?. "
contact, type of transport activity (e.g;, ,
transporter only, transfer facility, or :
transporter and transfer fa'cility)^," : ?"* ' ', J'
location' of transfer" facilities,-' and the , -< ' v
name and phone number .of the contact >>-'
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41590 Federal Register / VoL 57. No. 176 / Thursday, September 10, 1502 / Rules and'
at each transfer facility. Upon receipt of
a completed notification form, EPA will
provide the transporter with a unique
12-digit identification number, which is
required to transport -used oil.
Transporters who have previously
notified the Agency of their hazardous
waste activities (or notified EPA under
the 40 CFR part 286, subpart E used oil
fuel regulations) and received an EPA
identification number need not jenotify,
d. Delivery of Used Oil Shipments. A
used oil transporter Is required to ensure
that a shipment of used oil .reaches an
"authorized" used oil processing or re-
refining facility, a used oil burning
facility, or another used oil transporter..
Entities deemed to be authorized are
used oil processing and re-refining
facilities subject to part 270, subpart F;
used oil burning facilities In compliance
with part 279, subpart G; hazardous
waste management facilities with a
permit or Interim status; part ,258
disposal facilities; or another used oil
transporter who has an EPA
identification number.
A transporter who markets used oil
fuels must comply with the used oil
marketer requirements of 40 CFR part
279, subpart H. In the event a
transporter undertakes this activity, the
transporter must comply with the
recordkeeping (invoicing) requirements
Of I 2^74,
a. Shipping requirements.
Transporters and collectors are required
by existing UJS. Department of
Transportation regulations to meet
certain standards if the used oil is a
hazardous material, including all
applicable packaging, labeling, and
placarding requirements in 49 CFR parts
173,178. and 178. In addition, under
today's rule, used oil transporters and
collectors must clean up any used oil
discharge that occurs during
transportation or 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. The Agency believes that
these provisions are necessary to reduce
the potential impacts of used oil that
could be released into the environment.
f. Used oil storage at transfer
facilities. A used oil transfer facility is
defined in 40 CFR 279.1 as "'any
transportation related facility1S
including loading docks, parking areas,
storage areas, and other similar areas
whore shipsnents of used oil are held
during the normal course of
transportation for a period longer Aan
1ป For f ซcJ!lt!eซ s AJect to the SPCC regulation,
tlit- Ierra>nrซn5p=rlitlcm.re1.c;ed" is-doTlncain
AppeadW of M CFR |ซurl 114.
24 hours but not exceeding 35 days." A
transfer facility is regarded as a site for
the temporary storage of used oil that is
picked up from -one or more original .
generators and is on its way fl) to a
processing or re-refining facility for
further processing to produce used oil
fuel, non-fuel recycled oil products, or
lube oil feedstock; {2) to be reintrodnced
into refinery operations; or ,{3) to be
burned as a -used oil fuel. Storage of
used oil at a transfer facility for a period
exceeding 35 days will cause the
transfer facility to become subject to the
standards for used oil processors and re-
xefiners in subpari F of part 279.
The requirements established today
cover all used oil transfer facilities
owned/operated by used oil
transporters regardless of their location
and regardless of the size of any single
.tank at the facility or the total storage
capacity of the facility. The SPCC '(4D
CFR part 112) and'UST (40 CFR part 280)
requirements are independently
applicable to such facilities.
EPA believes that some regulatory
controls are necessary to ensure proper
management of used oils at used oil
transfer facilities. Improper management
at these facilities could allow for the
release of used oil to the environment,
cause spills during transfer and loading/
unloading operations, or result in the
inadvertent adulteration of used oH with
hazardous waste while in storage or in
transit. To prevent such mishaps, EPA is
adopting ".good housekeeping"
.standards for transfer facilities to ensure
that units {containers and tanks) used to
accumulate and/or store used oil are
kept in good condition and to minimize
potential releases of used oil to the
environment
Storage of used oil at a transfer
facility must occur only in containers
and aboveground or underground tanks.
EPA believes that storage of used oil in
units other than containers or tanks
le.gv surface impoundments -or lagoons)
at transfer facilities does not occur since
transfer facilities are typically
temporary storage aisas where used oil
is s tared for periods of -very short
duration. Furthermore,, as discussed
elsewhere in today's justice, EPA
believes that storage of ttsedfoil in
surface impoundment is generally a posr
practice. Thus,, EPA believes it is
appropriate not to allow it at transfer
facilities, EPA believes *hat transfer
facilities are cot likely to hold -used oil.
in surface impoundments but in ease.,
such mse occurs .only surface
impoundments that are ia (compliance
with parts :264/2&5 mquirements can be
used for used oil storage. Today's rule
prohibits the use of ah urilined surface
impoundment for used oil storage.
All aboveground tanks 16 an.d
containers at transfer"facilities must be
kept in good condition {i.e., no visible
signs of deterioration or leaks) -and
containers must fee iia compliance with
all applicable DOT regulations.
Aboveground .tanks and containers and
all fill pipes for underground used oil
storage tanks must be clearly labeled
with the words "used oil" to minimize
.accidental mixing- In addition, the
storage areas around aboveground tanks
and under the storage containers must
be equipped with oil-impervious floors
and secondary containment structures
(dikes and berms or retaining walls)
capable of containing all potential spills
and releases of used oil until the
discovery and cleanup of spills and
releases,17 The .floor, under existing
storage tanks must cover the entire area
within the dike, berm or retaining wall
. except areas where portions of existing
tanks meet the ground EPA has -
determined that it is not necessary to
require retrofitting of the floors of the
existing tanks that are in good
condition; it is not necessary to remoyซe.
tanks temporarily to install an -
impervious floor directly beneath an
aboveground tank that is in good
condition.1 Any releases from "the walls
of existing tanks will be captured within
the containment .area and will be
removed, while .releases to the area
outside of the containment area must foe
cleaned as required by today's release
response requirements. EPA believes
that used oil releases from tank overfills,
spills, and loading/unloading activities
sre mare likely than foom the bottom of
a tank or due to the toss of structural
integrity of a tank.
However, the floor surrounding the
area whene the tank meets the ground
must be impervious to soil. Wiuea
installing new labevifigMmnd tanks,
replacing damaged or deteriorated
tanks, or reinstalling unfit tanks after
restoring the structural integrity, .an
Impervious jfloor under sthe abovegmund
tanks must be installed. This "
requirement is applicable to the
aboveground tanks th'at ate existing
when the states adopt the part 270 .used
ail management standaids and when *he
state rule containing the Federal used
-------
impervious floo? under new storage1.
tanks must. cqve,r the entire area within'
the containment structure. The effective
date is the same as that discussed for',
, existing tanks. : -. ' -
' In the 1985 proposed rule and in the
;:;1991 Supplemental Notice, EPA .
proposed secondary .containment
requirements for usetj oil storage tanks
that are similar to the secondary ~-
' containment provisions of 40 CFR part
264, subpart J. The. Agency received a
substantial number of public comments
thiit disagreed With EPA's proposed
' .secondary containment'requirements;
Most commenters disagreecLwith the'.'''.
/ prdp'osed secondary containmerit
' provisions tin the basis! that the cost of
full secondary^containment.for tanks
and containers would be prohibitive for
most used'oil genera tors and. -
transporters. The'secbndary , :
containment requirements promulgated
today for aboveground tahks and
-containers are substantially less
^burdensome,'both technically and ' '"-
'.: financially. Although these requirements
/will still impps'e some costs upon used
oil transporters, the Agency believes
that some level of secondary :-.
containment is necessary at transfer
facilities to protect human health and
the .environment-from potential used oil
spills and releases. In fact, as '-
.', documented by the Agency in the
background documents supporting this :
final rule, past storage practices at used
oil management facilities, including
transfer facilities, have resulted in
'releases of used oil to the environment ;
and, in so'me cases, substantial damages
to human health and the environment.18 *,
EPA believes that the secondary
containmenฃrequirements established
today adequately protect against used
oil releases to ground water arid the
existing SPGG requirements provide
protection against spills reaching;
navigable waters. EPA has determined
that secondary containment
requirements similar to those in 40 CFR
parts 264/265, subpart J are not
necessary since.the requirements '
promulgated,today will effectively ,
, contain any spilled or released used oil
within the containment structures. Also,
the requirement that the entire -
- containment structure be made of a . '
material impervious to used -oil will <
.prevent the migration of used oil to soils,
surface waters, and ground waters
.Although the, secondary containment
: requirements promulgated today are ;
somewhat;less burdensome than those
?:&%-. feM a^7^fefesept^b^'i. sS&0 -Ruitf ^imgg^s^'
required under 40 CFR parts 264/265,
'.. subpart J, any used oil transfer facility
that is currently irt-compliance with the
subpart J requirements (e.g., the facility
has dpuble-walled tanks with double- :,.--
walled or otherwise contained pipes)
will be .deemed in compliance with the ...
secondary containment requirements
promulgated today. EPA does want to
clarify that all aboveground tanks or
. containers must be within a secondary,
containment, structure, that is'imperyious
to used oil and; capable of preventing the
migration of used oil spills or releases to
ihe environment.,. '.,",'" ",' .-','~.c.
An April 29,;i992, memorandum from-
' EPA's Assistant Administrator for Solid
Waste and Emergency Response 19, ,
addresses aboveground, storage tank;
technologies that may be used to
provide secondary containment at' "
. SPGC-regulated facilities. Jhe ' ,
memorandum states that .alternative
aboveground storage tank systems that
have capacities generally less; than ,;, .
, 12,000 gallons may provide protection of
navigable waters substantially
equivalent to that provided by the "
secondary containment systems listed in
40 CFR 112.79(e) of the SPCC. regulation.
An example of an alternative
aboveground storage tank system that
.generally would provide substantially
'equivalent protection of navigable ' ".
waters is| a shop-fabricated.doubie
walled tank installed and operated with
overfill preventibn.measures that} ., ,
includeian overfill-alarm,an automatic -,'.'-
. flowrestrictor or flow shut-offi and. ,
constant monitoring of all product
transfers including used oil. Used oil
tanks meeting with the secondary;, '
containment equivalency discussed in '
the memorandum of April 29,1992, are
considered to be in compliance with" the "
secondary containment requirements for
aboveground tanks established-in
today'srule. ", V.
; g. Storage Limit. Commenters to the
1985 proposed rale felt that the proposed
10-day limit on storage at transfer,
facilities was too short a period of time ;
to accumulate and consolidate sufficient
amounts of used .oil for cost effective '
transportatibn. The Agency agrees with ,
the Commenters. fai 1991^ EPA proposeei
an alternative tiitte limit (e.g., 35 days) .:-.'
as a limit specifying' the length of time of :
which used oil must be delivered to the
final destination (e.g., processors, re-
refiners, or burners). Based on the ;
favorable comments, EPA believes that
ป8 See "Summary Descriptions of Sixty-Three
'Used Oil' Supeffund Sites" and "Summary ,- .
.Descriptions of Used Oil-Related Damages at
RCRA-PermittedFacilities." '" . -----
: '^.See memorandum from Don R. Clay, Assistant
Administrator, to EPA Regional Directors regarding
"Use of Alternative Secondary Containment
Measures at Facilities Regulated under the Oil
Pollution Prevention Regulation (40 CFR part 112),":
April2ai892. ;..-'.;.-;.'. ,
at transfer facilities, used oil storage,in
normal cours.e pf operation typically^ :'-.
; occurs for jess than 35 days. The }
'-" Agency, rthef efore, has decided to allow
used oil storage-for no more than 35 -.
days attransfer facilities; A .transfer ;
faeility.at which use.d oil is stored for
more than 35 days :must comply with the
requirements finalized today for '"''".,
processing/re-refimng facilities-./'. ' - ;
established underthe 40 GFR part 279, V
subpart F; Also, EPA ilotes that the;35-
day storage limit applies to the in-use '
,8torage-tanks attransfer facilities and
ddfes not'apply to the abandoned !.' > ''..
. abovegtound storage tanks used to store -.
used oil, pr to ;such tanks takenvoiit bf
-service. Tfie jreguirements for tiie.; '.. ^:
abandprted storage tanks are those
'' currentiy in effect. For example, the
pwhers/operators of transfer facilities
must evaluate residues left in .' ; -. "
aboveground tanks taken out of service:
to make a hazardpus waste ; . .,:.-,.'
. determination'.'[i.e., whether the residues
exhibit eharacteristics of toxicityY
ignitability, cdrrdsivityi or r'eactivityl^ it
an abovegrou'ri^ tank at a transfer :
facility contains a^hazardous waste, the*
. tank will be managed in accordance?
with existing RCRA cdntrpls, including ;
subpart J standards for tank closure.
; Finally, the Agency,concluded that a'
storage limit of 35 days at transfer- ,
facilities is protective of human health
and Ihe envirorunent when applied iri :
conjunctipn with the secondary !
containment requirements for ; ^
abovegrouhd storage containers and ,
tanks promulgated today. EPA believes '
that storage at transfer facilities will be
for a short duration when used oilis ia
\ transit between generators."to < .
processprs, re-refiners, fuel oil deaiers,-;
arid transfer facilities before reaching '
the ultimate recycler or burijers. Any ;
spills and leaks occurring during'storage;
must be contained within the ''::".'. '
-containment area, discovered, and "..
.cleaned up in a timely manherMf EPA,
in the future, determines a need for a
closure standard for transfer: facilities to
eiisu^e'that used oil contamination at^a ,
.laciliiy prior to}thB facility closing nlust':?
be addres.sed^then the Agency may take. '
"siichastep. ,:;' ..'.-'.-.;' .;-.'.'".- ', ''-".';. ':'"''
;tlndergrpund storage tanks (i.e., .those
:.with more than-10% of &e:surface area -'.-'.,
of the tank(s) and associated pipes
underground) used to store used oil al.
used oil transfer facilities remain subject
to the requirements of 40 GFR part 28Q,
independently. Also, many facilities ,
remain subject-to the Spill Prevention.
Controi andCpuntermeasure ..;';'
requirements ;of part 112 of 40 GFR,; "- ;^ '::
independently. .: ; : 1, >. ',.' -.'.
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41592 Federal Register / ฅol 57. No. 176 / Thursday, September 10, 1992 / Rnles and Eegulatio&s
h. Response to releases. Any spill or
release of used oil from aboveground
storage units (tanks and containers) at a
used oil transfer facility must be
stopped, contained, and cleaned up
upon detection. Spilled used oils must
be cleaned up and properly managed. If
necessary, we unit must be removed
from service. Ihe contents removed, and
the unit repaired prior (o returning it to
service. These requirements do not
apply to past releases that have
occurred at transfer facilities .prior to the"
effective date of the used oil program
within an authorized state in which a
used oil facility Is located. This
requirement applies only when there is a
release to the environment Under this
rule, this would not include releases
within contained areas such as concrete
floors or impervious containment areas,
unless the releases go beyond the
contained areas.
In the case of a release of used oil
from an underground storage tank, the
owner or operator of the used oil
transfer facility must comply with the
requirements of 40 CFR part 280, ,
subparts ฃ and F.
In addition to the provisions listed
above for releases of used oil, and in
addition to the corrective action
requirements for releases from USTs
provided In 40 CFR part 280, subpart F,
used oil transporters are required, under
CERCLA section 103, to report a release
of hazardous substances to the
environment when the release is equal
to or in excess of the reportable quantity
(RQ) for the particular substance. Used
oils that are contaminated with
CERCLA hazardous substances (e.g.,
due to the presence of elevated levels of
lead) are subject to CERCLA release
reporting requirements, Therefore,
releases of such contaminants into the
environment in quantities greater than
the reportable quantity must be reported
to the National Response Center. The
current RQs for CERCLA hazardous
substances are listed In 40 CFR 302.4. In
addition, under 40 CFR part 110, any
discharge of oil that violates applicable
water quality standards or causes a film
or sheen on a water surface must be
reported to the National Response
Center.
i, Rebutiable Presumption. Since the
rebuttaWe presumption now will apply
to all used oils, EPA is requiring used oil
transporters to -determine the total
halogen content as used oil shipments
prior to accepting the shipments for
transport EPA believes that the
majority of used oil transporters are
already complying with this requirement
to ensure that used oil has not been
mixed with halogenated solvents, since
the majority of used oil that is currently
recycled is used as fuel for energy
recovery and is therefore subject to 40
CFR part 266. subpart ฃ. recodified
today as 40 CFR part 279, subpart G.
If the halogen level exceeds 1,0$)
ppra. the used oil is presumed to be
mixed with a halogenated hazardous
waste, and must be managed as a
hazardous waste, unless Ihe transporter
rebuts the presumption as described
above. The transporter may accept such
shipments of used oil as a hazardous
waste transporter, bat if the original
generator of the hazardous waste cannot
be identified, the transporter may have
to assume hazardous waste generator
responsibilities and comply with both
the generator standards of 40 CFR part
262 as well as the hazardous waste
transporter requirements of 40 CFR part
263. v '
j. Recordkeeping. Transporters are
required ito maintain records (for at least
three years? documenting the
acceptance and delivery of each used oil
shipment. For the purposes of complying
with the recordkeeping requirements in
today's rale, used oil transporters need
only enter the required information or
documentation for each used oil
shipment 'into a collection or operating
log.
Used oil transporters must keep
records for each used oil sblpAient
accepted for transport from an -original '
used oil generator or another transporter
and maintain copies of each record for a
period of at least three years. Records
for each shipment accepted by
transporters must include: {!] The date;
(2) the name, address, and EPA
identification number {if applicable3 of
the party who provided the used oil for
shipment; {3} the quantity and type of
used oil accepted; and (4] the dated
signature of the party offering the
shipment.
Used oil collectors and transporters
must also keep and maintain for at least
three years records of each shipment of
used oil that is delivered to another
transporter, used oil burner, fuel
marketer, or used oil processor/re-
refiner. Records for each delivery must
include: [1] The date; {2) the name, EPA
identification number, and address of
the receiving facility or transporter; {3}
the quantity of used oง delivered; and
(4) the dated signature of a
representative of the receiving facility.
EPA believes that these recordkeeping
3-equirements are necessary to monitor
the flow of used oil within the used toil
management system and to discourage
any adulteration of used.oil by .any used
oil handler, by providing a paper toil ฐ
documenting all parties who handled the
used oil. EPA believes that the
rebuttable presumption, as well as the
, requirement that used oil collectors and
transporters keep records, will provide
sufficient incentive to discourage .
adulteration of used oils. Past practices
of used oil collectors and transporters
storing mixtures -of used oil and
hazardous waste have resulted in
damages to the environment. Further
discussion of such damages is provided
in the background documents lhat
accompany this rule.
It is EPA's understanding that most of
.the recordkeeping requirements
established in today's rule are already
being done as normal business and ,
accounting practices by used oil
transporters. As noted in the
background information for the
Regulatory Impact Analysis of today's
rule, a used oil industry representative
indicated that such records are
maintained and ihe practice of keeping
such records is not uncommon. The
recordkeeping requirements
promulgated today for used oil
transporters are very similar to those
proposed in the 1991 Supplemental
Notice. .
k. Exports of used oil. If a used oil
transporter provides .used oil for export
or exports used eil from the United
States, the transporter must maintain a
record of the name and address of the
receiving facility, the ^quantity of used
oil exported to a foreign country, and
the date the used oil is exported from
the United States.
4. Closure. In a.885, EPA proposed
closure requirements for used oil
transfer facilities. Commenters opposed
these requirements djie to Ihe fact that
the requirements are overly
burdensome. Since the secondary
containment Eequiremeats promulgated
today should mitigate the migration of
almost all releases
-------
-, ll " . . , -ป . . . - . ' - - -.. = = .. ' ._ -r. '_.
Federal Register./ :Vd1;^;^^^
'.-. m. Other, applicable provisions. In
addition to the requirements provided in
.subpart E, used oil transporters who
recycle used oil either by blending,
processing pr re-refining, must comply: ;.
with the requirements of subpart F.
: Used oil transporters who burn used oil
on-site must comply with the '
requirements of subpart -G,;6f part 279, as
well as the provisions of subpart E. If a
used oil transporter markets used bii
fuels, the transporter must comply with
the"requirements for used biifuel'.'./..
marketers in subpart H of part 279. Used
.oil transporters who either dispo'se of : '
used oil or use iised oil as a road oiling
"agent must cojriply with pubpart I of part
'279.-'>,.'; .' .'":-;';-,:": '-' ;-/ v;-..!. ';
; Inrthe 1091 Supplemental Notice the "^
, Agency proposed inspeetiori, facility '""
preparedness, arid corrective action
provisions. EPA has decided against %
, such requirements because (a) the SPCG
program-based inspection,
preparedness, and emergency response' .
provisions, (b) response to releases
provision for transfer, facilities; and (c)
limits on the storage period are
adequately protective against potential,
environmental damages associated with.
used oil storage. A used oil transporter
who. stores used oil. for greater than,35
days is considered to be ausedoiL _: -.
processor .and must ;comply with the -- .'--
standards for used oil processing anci re-
refiners. , ...':_/.. -*--l''.,< *'
'4. Standards for Used Oil Processing
and Re-refining Facilities ,': ,;
As discussed in section VI.A of this
preamble; the past used oil management
practices at used oil processing facilities
has resulted in environmental damage.
This is evident fronvthe identification of
approximately 25 sites on the National
Priority List where used oil was
identified as one of the .major
constituent of concern. Similarly, EPA
has.discovered environmental damage
associated with used oil management at
RCRA facilities managing used'oil in
solid waste'management units. Of the
used oil facilities that the Agency has, '-
studied, 16 facilities has .used oil spills;;
15 facilities had leaking tanks and/or '-.
containers; 32 facilities recycled and ..'..
disposed of used oil and wastes in. -
surface impoundments and pits; 5 '
facilities placed used oil recycling
sludges in waste piles directly on the
ground; and one facility land-farmed
used oil recycling sludges. .Virtually all
the surface-impoundments or pits at '
these facilities: were unlined. These
instances lead: EPA to believe'that used
oil processing/re-refining facilities pose
the biggest problems due to used oil '
mismanagement', justifying the toughest -
controls (e.g. preparedness, secondary
containment, closure,'analysis plan, and
tracking}^ established today. ''
a. Applicability. A used- oil processing
or-re-refinirig facility, is defined in ;
ง 279,1 as "S facility that processes used-
oil." Used oil processing means , '..'.'
chemical or/physical operations,../..-.. -
designed to produce from: used oil, or to
make used oil more amenable for the ,
production of, fuel oils, lubricants, or
]. dther.used -oil-derived product.
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. Used oil re-
refining may include settling, filtering, :
^catalytic conversion,^fractional/vacuum
distillation, hydrotreating, or polishing.
The-products of used oil processing: or
re-refining are likely to include . '.'
.-specification fuel, reconstituted ; :".-.-.
- lubricatingroils/fluids, distillate fuel,.-. ;
-lube feedstock, asphaltic bottoms; and
other: non-fuel oil-derived product. F'-
In addition to the requirements of part
27g"subpartS:Cand E, used oil , . ;
;gerierators and'collectors/transporters '
-are'subject to all applicable processor
; and re-refiner requirements,, if they ; '
; process/re-refine used oil on-site. Used
oil processing and re-refining facilities :
that also burn used oil fuel on-site for
energy, recovery must comply with the
, provisions in subpart G of part 279,
.except burning that occurs incidental to.':,
processing at used oilppbcessing and re-:
: refining facilities in compliance with
-'ง 279.50tb)(3)(fi}. Table VI.4 lists
; requirements^ and provides the. "-.--.
regulatory, citations.
TABLE VI.4.STANDARDS FOR USED, Oft PROCESSORS AND RE-REFINERS
-. .-. : '.'"'. .; Requirement - , ,
Processors who perform other management activities ."
Notification and EPA identification number
Preparedness and prevention :; .;.. . .
Contingency plan and emergency procedures.,..:
Reb.uttable presumptiorv for used oil:..
.Exceptions from.rebuttatj.le presumption for CFG and metai-
', working oils. ,. . ... . ;' . \'-i'"' '
Type of management units......... .
Good condition above ground tanfe and containers ..;... .
Secondary containment for containers and existing and new
'. above ground tanks. . ' ,- . , '
'Labelling of containers and tanks " '
Response to releases....:..;._.;...n;r..l.. ;.'.' -' :
. Glosyre for containers and above ground tanks :...:..:;..........^.....;....
Analysis plan ...;.....,! .L...'.'........,.....;.;. .:.. .....":...'......;.........;.;,.
-Tfackihg acceptance, deliveries, 'and recprdkeeping
;- .''.-"''. .--' : --"'" T'-^I- -.-.-'. .
Operating record.; .iป:, 'V.*' ' ;,c- : \~'-> . ---,-
Biennial reporting ...;....................i.........:....,...,:..... . .
Management of residues....: ......,.;
SPCC requirements, including spill prevention and cbh'tro! '..
UST -requirements, including corrective action and ' financial
-.responsibility, v --.', .- ;-..,-.
Inspections 1.......... .
' . .... . '
" .. '-. New or- existing . - :
New ......; , "'"' -'' '' "--''
Existing, for processors/re-refiners- who are marketers; new for
others: " " . .'"..;-. .- , ; - - . , '- -.
>lew ..'.'....:....: - . ' .- ...:' ..
New..... - "-"'- .-. - '''-
Existing for prbce'ssbrs/re-refiners managing useS oil' fuel :...........
New i ..;../ : - -; "' -.' - ...::,
' , -.. '- .' . .' .' ".- ---' . - - ;-:
., ' - - :.--" - "- '. . . . .- : " ' '
New...... -. -- - - = -- - -
New ...... i.." ''".' :" " * ' ' "
New...... .:... '- ; - "' '- . ' -
-New - " ' -' '' ' "" ;l ''' -'..'' -'.' '-*--.'-::-'."'-"
New.:...:.......-.:;.:;::.;.......:..;....,.,.:...:.;:...:...!.; ';:-;-: '-- -";'-
New.. :....;......;.... [[[
N.A...?;. ....,.; ...;..-.....;.............,......,.,......... :;...........
Existing for processbrs/re-refiners who are marketers (invoices);
new for others. ' ;, ,; -' >; "-"."...'- '- : -':--'-'-'.'
New ' -.'--', --' !--- . --. . - - 'j-.-1-1--' -- - -
New......;..... ::......!.........;....., ..,...,..:....,................... ;...:........;..
New..... ; ;;,..,......;.. .; ; ..........i -
New. ---.-" '"-- \ ;'*
Existing (applicable independently) ".
Ex'isting'(applicab!e independently)... ...-........:. ..
NA " ' ' .-' ' ' ' ' " ' '' '"''"'
Regulatory citation
ง279.50(a). ,'
ง279.51. > ,, _ '..'
ง27;a52"(a). : .-':'-
ง 279:52'(b). -:. ' . '
ง 279.53 r(a),(b), and (cj.... /
ง279:53(c)-<1),and<2ป.
ง279.54(a). "
ง279.54(b). - -' "''-
:ง 279.54
-------
41594 Federal Reaster / VoL 57, No. 176 / Thursday,^September 10, 1992 / Rules and Regulations
b. Notification Reguirements, An
owner or operator of a used oil
processing/re-refining facility must
notify the appropriate EPA Regional
Administrator using EPA Form 8700-12.
stating the location and general
description of used oil management
activities. In lieu of using the EPA Form
8700-12, owners and operators may
notify the EPA Regional Administrator
of their location and general description
of used oil management activities in a
letter. Upon receipt of this form. EPA
will issue an EPA identification number
to the facility. Owner/operators who
have previously notified the Agency of
their hazardous waste management or
usod oil activities and received an ID
number need not renotify.
In addition to notifying EPA of any
recycling activities and receiving an
EPA identification number, an owner or
operator of a used oil processing or re-
refining facility that receives used oil
from foreign sources must comply with
all applicable RCRA requirements for
the importation of solid and hazardous
wastes.
c. Preparedness and Prevention.
Owners or operators of used oil
processing and re-refining facilities must
operate and maintain the facility in a
manner that will minimize the
possibility of any fire, explosion, or
unplanned sudden or non-sudden
release. The existing Fejderal (e.g.,
SPCC), state, and local (e.g., fire
ordinances) preparedness and
prevention requirements are specific to
certain aspects of facility operation. The
existing RCRA requirements for
preparedness and prevention, by
contrast, pertain to the toxic or
hazardous nature of the material or
waste. The Agency, therefore, believes
that RCRA requirements are necessary
to ensure that used oil processing and
re refining facilities arc maintained and
operated to prevent possible fires,
explosions, or releases of used oil to the
environment. EPA believes that the
preparedness and prevention
requirements promulgated today are
merely incremental to those currently in
place and the existing compliance
procedures can easily be expanded to
comply with these additional
requirements. Section 279.52(a} requires
owners and operators to comply with
the requirements for preparedness and
prevention similar to those established
for hazardous waste management
facilities in 40 CFR part 205, subpart C.
These requirements include
maintenance and operation of the
facility, required equipment, testing and
maintenance of the equipment, access to
communication or alarm system,
required aisle space, and arrangements
with Iqcal authorities.
The 1985 proposal required
preparedness and prevention measures
as part of the Permii-by-rule
requirements for recycling facilities. The
proposed requirements were the same
as those established for hazardous
waste management facilities. EPA
believes that the majority of processing
and re-refining facilities have
preparedness and prevention measures
in place as a part of good business and
operational practices, therefore the
Agency does not think .such
requirements will be overly burdensome
(see background document on cost
analysis that is in the docket for today's
rule). In addition, local fire regulations,
state regulations, and the Occupational
Safety and Health Act require some
level of preparedness and prevention
measures.
d. Contingency Plan and Emergency
Procedures. Section 279.52(b] requires
owners or operators of used oil
processing and re-refining facilities to
prepare a contingency plan designed to
minimize hazards in case of a sudden or
non-sudden release, fire, explosion, or
similar emergency. The variable
composition of used oil (e.g., the
possibility of very low flash point oil)
makes this more of a concern than for
other types of oil facilities. The
requirements for contingency plans and
emergency procedures were taken from
40 CFR part 265, subpart D, because of
the similarity to hazardous waste
facility operations. These requirements
include purpose and implementation of
the contingency plan, content of the
contingency plan, copies of the
contingency plan, amending the
contingency plan, emergency
coordinator, and emergency procedures.
EPA believes feat the majority of
processing and re-refining facilities have
contingency plan and emergency
procedures in place as a part of good
business and operational procedures.
Therefore, EPA believes that such
requirements are not overly
burdensome. In addition, local fire
regulations, state regulations, and the
Occupational Safety and Health Act
require development of contingency
plans and emergency procedures.
e. Storage Requirements. Owners and
operators of used oil processing and re-
refining facilities must store all used oils
either in tanks or containers, and all
tanks and containers must be
maintained in good condition [i.e., no
visible signs of leaks or structural
damage or deterioration). Based on the
comments received in 1985 and 1991,
EPA believes that the practice of storing
used oil in lagoons, ponds, pits or
surface impoundments is not common
and, in addition, that such storage is
inherently unsafe and poses an undue
risk to human health and the
environment. Both in 1985 and 1891, EPA
proposed to ban the use of lagoons,
ponds, pits, or surface impoundments for
used oil treatment or storage due to the
unreasonable risks posed to human
health and the environment. Many
commenters concurred with EPA on tMs
point. Therefore, today's rule prohibits
the storage of used oil in any surface
impoundment, pond, pit, lagoon or .
similar land-based unit, unless the unit
is kept in full compliance with the
requirements in subpart K of part 264/
265 or unless the unit contains only
wastewaters with de minimis quantities
of used oil as specified in 40 CFR
279.10(fJ.
In 1991 Supplemental Notice, EPA -
proposed inspection requirements for a
discovery of used oil release or spill,
Today, EPA is not finalizing the
proposed inspection requirement
because the preparedness requirement
established today for used oil
processing/re-refining facilities and the
inspection provision of the SPCC
program include inspection for used oil
releases to the environment or oil spills,
respectively.
The requirements established today
cover all used oil processors/re-refiners,
regardless of their location and
regardless of the size of any single tank
the facility or the total storage capacity
of the facility. The SPCC and UST
requirements are independently
applicable to processing or re-refining
facilities.
The owner or operator of a used oil
processing or re-refining facility must
label all aboveground tanks and
containers used to store used oil and all
fill pipes used to transfer used oil to
underground storage tanks with the
words "used oil." EPA is requiring
owners and operators to clearly label
storage units used to store oil to prevent
accidental mixing by ensuring that only
used oil is placed in tanks reserved for
the storage of used oil.
Owners and operators of used oil
processing and re-refining facilities who
store used oil in containers or
aboveground tanks as defined in ง 279.1
must equip the storage area surrounding
the tanks or containers'with a floe*
, made from materials) that is impervious
to used oil. Owners and operators must
also equip the storage area with
secondary containment structures
(dikes, berms, and/or retaining walls),
that are made of a material(s) that is
impervious to used oil and capable of
-------
Federal KBgfcterjMfoL *992 / Rules and Regulations 41595
containing all potential spills and
.releases.of used oil from the tanks or .
containers until the.-facility- owner or ';.
operator can take measures to clean, up
the released used oil. The floor under
existing storage tanks must cpver the
entire area within the jjontainment
structure, except where existing tanks
meet the ground* EPA believes that -"(
requiring owner/operators with existing
tanks to retrofit the containment
. structure would be financially , ...
burdensome and that there is little
opportunity for contamination to occur
.under the small area where the tank
, touches the ground. For new .tanks, the
floor must cover the entire area within
the containment structure. ,
. In:1985, EPA reserved several sections
of the proposed rule for the sqon-tp-be :
promulgated secondary containment-
requirements for hazardous waste 1:
: storage tanks. Many commenters
disagreed-with EPA's proposal to
require used oil recycling facilities to_
comply with the hazardous waste tank
secondary containment provisions. In
the 1991 Supplemental Notice,EPA -----
stated that secondary, containment :
standards similar to those required by
the SPGC program may. be adequately
; protective ;of human health and the
enyironment and may be less :
burdensome Jo used oil processing and
re-refining facilities. In th.e 1991 ,
-" Supplemental Notice, the Agency ; ; ;
specifically;discusse^ "the provisipjEis for/ .
'maintaining berms, dikes, or retaining ,
walls around-existing aboyegrouhd
storage tanks. The Supplemental Notice
included a diagram depicting a
secondary containment structure that
the Agency was considering requiring.
The Agency believes-that a secondary
cpntainment structure constructed
around the entire storage area will
pro vide'adequate protection to the
environment against spills and releases '
of used oil that may occur during used
oil storage. Many commenters agreed
with the Agency's assessment that this ,
"type of secondary containment is, . '
adequate for used oil storage, areas.!
. Spme commenters urged the Agency to
include: secondary qbntainmeht.^ , ' . .
requirements'inPhase I management
standards, suggesting that storage-
related spills and releases should be ,
controlled.: . - -.-.' '. -:...'
- Upon evaluation of the comments, and
a further consideration of past storage
.practices at used oil processing :and re- :~
refining facilities that have either.
become Superfund sites or have had '.
RGRA enforcement actions taken '"'':
against them, :EPA has concluded.that
: there, is a heed to; control releases oif ' -ซ .
.used.oil;during storage at processing ..'
and re-refining facilities. In fact, as
documented by the Agency in the
background documents supporting this;
. final rule, past storage practices at used
.oil"management facilities have resulted
in releases of used oil,to the
environment, and in some cases,
substantial damages to human health
and the environment.20
Of the used oil facilities that the
Agency has studied, 16 facilities had
used:oil spills; 15 facilities had leaking
tanks and/or containers; 32 facilities
recycled and disposed of used oil and
wastes in surface impoundments and
pits; 5 facilities placed used oil recycling
' sludges in waste piles directly on the
ground; and 1 facility Jand-farmed used
oil recycling sludges. Virtually all the
surface impoundments or pits at these
facilities were unlined. '
Of the facilities that had spills, two
were disposing solely used oil/oil
recycling wastes, one was 3 storage
facility only, and the remaining 13 were
used oil processing and re-refining
facilities. Of the facilities that had
leaking tanks, two facilities were used
oil storage facilities, one was a used oil
disposal facility, and the remaining 12
were used oil recyclers. Of the facilities!
that disposed of used oil and wastes
after recycling used oil in surface
impoundments; 3 were also generators, 4
were solely disposal facilities, 1 was a
; storage facility,:"and the remaining 24
were processing and re-refining
facilities. All five facilities that stored
used oil recycling sludges in waste piles
were processing and re-refining
facilitieSi:The facility that land-farmed
uied oil recycling sludges was a used oil
recycling 'facility;
EPA has concluded that the
containment of used oil releases is
necessary, since contamination->of soil,
ground water, or surface water
resources with used oil could:reduce
water quality and make water non-
potable or could cause significant
ecological harm.. EPA believes that used
oil handling and storage-related releases
at used oil processing and re-refining
facilities can" be effectively controlled by
the use of JJoors and containment
structures made from an oil-impervious
material. ,-~ ' -
-As discussed above, the storage areas
around aboveground tanks and under
storage containers must be equipped
"with oil-impervious floors and
secondary containment structures (dikes
and berms or retaining walls) capable of
containing all potential spills and
releases of used oil until the discovery
and clean-up of released used oil.2 r The
floor under existing storage tanks must
cover: the entire area within the, dike,
berm or retaining wall, except areas
where portions of existing tanks meet
the ground. This requirement is
applicable to the aboveground tanks
that are existing when the states adopt
the part 279 used oil management
standards and the state rule containing
the Federal used oil management
standards takes effect. The impervious
floor under new storage tanks must
cover the entire area within the
containment structure, The .effective
date.is the same as- that discussed for
existing tanks.
EPA believes that the secondary
containment requirements established
today adequately protect against used
oil releases to ground water and the
existing SPGC requirements provide
protection against'spills reaching
navigable waters. EPA has determined
that secondary containment
requirements similar to those in 40 CFR
parts 264/265, subpart J are not '
necessary since the requirements
promulgated today will effectively
contain any spilled or released used oil
within the containment structures. Also,
the requirement that the entire
containment structure be made of a
material impervious to used oil will
prevent the migration of used oil to soils,
surface waters, and ground water.
Although the secondary containment
requirements promulgated today are
somewhat less burdensome than those
required.under 40 CFR parts 264/265
subpart J, any used oil processing/re-
refining facility that is currently in .
compliance with the subpart J
requirements (e.g., the facility has
double-walled tanks with double-walled
or otherwise contained pipes) will be
deemed in compliance with the
secondary containment requirements
promulgated today, and therefore need
not install a new secondary containment
system at the facility. EPA does want to
clarify that all aboveground tanks and
containers must be within a secondary ,
containment structure that'is impervious
to used oil, and capable of preventing
the migration of used oil spills or
releases to the environment.
An April 29,1992, memorandum from
EPA's Assistant Administrator for Solid
Waste and Emergency Response
(discussed above) addresses
: 20-See,"Summary Descriptions of Sixty-Three
'Used dlP Sup.erfund Sites." and "Summary
Descriptions.of Used Oil-Related Damages' at
RCRA-Permitted Facilities."
21 For further-discussion of the basis for the ,
seco'ndarx cpntainment requirement and the
materials suitahle;for constructing impervious floor
and dikes, berms, or retaining walls, see section
VI.E.5. of today's preamble. . ' '
-------
Federal Register / Vot 57, No. 176 / Thursday, September 10, 1992-/.Rules and Regulations
aboveground storage, tank technologies
(hat may be used to provide secondary
containment at SPCC-regulated
facilities. The memorandum states that
alternative aboveground storage tank
systems that have capacities generally
less than 12,000 gallons may provide
protection of navigable waters
subitaatially equivalent to that provided
by the secondary containment systems
listed in ซ CFR 112,79(c) of the SPCC
regulation. An example of an alternative
boveground storage tank system that
generally would provide substantially
equivalent protection of navigable
waters is a shop-fabricated doubled
walled tank installed and operated with
overfill prevention measures that
include an overfill alarm, an automatic
flow restrictor or flow shut-off, and
constant monitoring of all product
transfers Including used oil. Used oil
tauks meeting with the secondary
containment equivalency discussed in
the memorandum of April 29,1992, are
considered to be in compliance with the
secondary containment requirements for
aboveground tanks established in
today's rule.
In the 1991 Supplemental Notice, EPA
requested comment on the types of
material that could be used to construct
oil-impervious structures including
berms, dikes, retaining walls, and floors,
EPA did not receive any comments
specific to the request. Since publication
of the 1991 Notice, the Agency has
studied the permeability of some
commonly used construction materials
such as cement, clay, asphalt, plastic,
and steel. EPA concluded that the
selection of a suitable material for
construction depends upon the size of
the storage units and the site
characteristics. As stated in the cost
analysis section of this preamble, most
of these materials are currently used for
the purpose of containing releases under
other regulatory programs. EPA believes
that any of these materials can
adequately prevent releases of used oil
to the environment from storage units
that are properly operated and
maintained at used oil processing and
re-refining facilities, therefore, the
Agency feels there is no need to specify
the type of oil-impervious construction
material that must be used at all
facilities. For the cost analysis that
accompanies today's rule, EPA used a
secondary containment scenario that
includes a 3-inch asphalt floor with an
annual application of sealant. EPA'
believes that a floor of Jhis type is
adequate to contain used oil releases
since there should be minimal or no
vehicular traffic around the storage
tanks or within the bermcd, diked, or
walled area. When installing new tanks,
however, facility owner/operator will
have to take into considerations the size
of the tank that the floor will be'resting
upon. Depending on the size of the
floor's thickness, and the type of floor
installed, the appropriate construction ,
material may change.
f. Applicable UST and SPCC
requirements for used oil storage tanks,'
If used oil is stored in underground
tanks, the owner or operator of a used
oil recycling facility must comply with
the requirements of 40 CFR part 280,
including the corrective action and
closure requirements of part 280
subparts F and G. An underground
storage tank used for storage of used oil
that meets the underground storage tanjc
"definition under 40 CFR 280.12 must
comply with part 200 requirements. As '
discussed in the 1991 Supplemental"
Notice, technical standards for
underground storage tanks {USTs) have
been promulgated since publication of
the 1985 proposed rule. The Agency
stated in the preamble to the UST final
rule (S3 FR 37112; September 23,1988)
that EPA believes tht used oil, when
stored in underground tanks, presents
risks similar to other petroleum products
stored in USTs. As a result, EPA
determined that used oil USTs must
comply with the tank upgrading,
operation and maintenance, corrosion
protection, corrective action, closure,
and financial responsibility
requirements promulgated under part
280 for other petroleum product USTs.
The Agency believes that the subtitle I
standards are sufficient to protect
human health and the environment from
potential releases of used oil from USTs.
In addition to all of the storage .
requirements discussed above, used oil
processing and re-refining facilities that
. meet the applicability criteria for the
SPCC standards contained in 40 CFR
part 112 also must comply with all
applicable SPCC requirements, including
maintaining containment and
diversionary structures to control
releases of oil from aboveground storage
tanks.
g. Response to releases. Upon
detection of any release or spill within
the secondary containment area from
transfer operations or from aboveground
storage units [tanks and containers),
owners or operators must take steps to
stop and contain the release, to remove
all released used oil from the
containment area, and repairer replace
the damaged tank or container. Release
used oil must be removed from the area
and must be managed {i.e., treated,
recycled, disposed) in accordance with
the requirements of this part and any
other, applicable parts of this chapter. In
addition, whenever there is a
catastrophic release or spill of used oil
and used oil migrates beyond the .
containment structure and reaches the
environment, corrective measures mast
be taken to adequately protect human
health and the environment from
potential damages. This requirement
does not apply to past releases of used
oil that occurred prior to the effective
date of the used oil program within an
authorized state in which the facility is
located. This above requirement applied
only when there is a release to the
environment. Under this rule, this would
not include releases within contained
areas such as concrete floors or
impervious containment areas, unless
the releases go beyond the contained
areas.
In addition to the provisions listed
above for releases of used oil and, in ...
addition to the corrective action
requirements for releases from USTs
provided iri 40 CFR part 280, subpart F,
owners of used oil processing and re-
refining facilities are required, under
CERCLA section 103, to report a release
of hazardous substances to the
environment when the release is equal
to or in excess of the repprtable quantity
(RQ) for the particular substance. Used
oils that are contaminated with
CERCLA hazardous substances [e.g.,
due to the presence of elevated levels of
lead) are subject to CERCLA release
reporting requirements. Therefore,
releases of used oil containing such
contaminants into the environment in
quantities greater than the reportable
quantity must be reported to the
National Response Center. The current
RQs for CERCLA hazardous substances
are listed in 40 CFR 302.4. In addition,
under 40 CFR part 110, any discharge of
oil that violates applicable water quality
standards or clauses a film or sheen on
a water .surface must be reported to the
National Response Center,
h. Analysis Plan, The owner or
operator of a used oil processing or re-
refining must establish analytical
procedures to ensure a thorough
knowledge of the contents of any used
oil handled at the facility. These
procedures are to be established through
a written analysis plan describing the
procedures to be used to comply with
the analysis requirements, as required
by ง 279.55. Each' facility must prepare
an analysis plan which a facility will
follow when performing sampling and
analysis, keeping records, and when
complying with the analytical
requirements for, documenting the used
oil fuel specification;
-------
/ .
Regulations" 41597
For the analyses described below, the
owner or operator must specify in the
facility's analysis plan the. frequency of
sampling and analysis. The ownerp? .
. operator must perform sampling and
analysis on a schedule that is adequate
to meet all applicable requirements and
. assures that all used oils managed at the
facility are handled safely and in
compliance with all applicable used oil
and Subtitle C regulations.
"' /. Rebuttable presumption and
halogen determination. Ari owner or
operator of a used oil processor/re-
refiner facility must ensure that any
used oil handled {i.e., received from a
used oil generator or a collector/
transporter] at the facility is not mixed
with hazardous wastes, Procedures
should be established within the
faculty's written analysis plan {required
in ง279.55) and the results of each :
procedure documented as part of the
facility operating record, to demonstrate.
that the owner or operator will assure
against such mixing and comply with
the halogen determination requirements
of ง 279.53. The'analysis plan should
specify how, or with what methods, the
owner or operator will analyze used oil
to assure that the used oil is not" mixed
with hazardous wastes. As'discussed -
above, EPA presumes that any used oil
containing more than 1,000 ppm
halogens has been mixed with .-..
chlorinated hazardous wastes. To rebut
this presumption, the owner or operator
must be able to document (or provide a
copy of documentation from prior used
'..- oil handlers) at any time that the tised
oil was not mixed with hazardous waste
[e.g., by demonstrating that the presence.
of 1,000 ppm or more of total halogens is
from some other source]. The Agency
believes that a facility-prepared
analysis plan will identify at what time -
during the chain of custody, the facility
owner/operator will rebut the
presumption of mixing. In addition, EPA
believes that an apalysis plan will also
indicate a procedure for handling a
shipment of the adulterated used oil if
received by an used oil processor/re-
refiner fapiliiy especially when the given
facility is not a co-management facility
(/.e.,, permitted to manage hazardous
waste). A facility may rebut the .:"
presumption of mixing when accepting
used pjl for processing, re-refining, dr :
blending; upon producing a specification
fuel; prior to marketing it as off- ' - -
specification fuel; or both when
accepting used oil and shipping recycled
products {e.g.; burner fuel, lube
feedstock, or reclaimed lubricants) to ...
the end users. . , .
. Under ง 279.53, analyzing for total
halogens is required to determine"
whether used oil has been mixed with
chlorinated{halogenated} listed '"";-. i
hazardous wastes. If the total halogen
, content exceeds 2,000 ppm, it is
presumed that mixing has occurred per
the rebuttable presumption codified
today .as ,ง 261;3{a){2){v).
As discussed above, the rebuttable
presumption does not apply to: (1) Used
meialworking oils /fluids containing
chlormated paraffins on the condition
that these used oil/fluids are recycled
under a tolling arrangement to produce
reclaimed metalworking oils/fluids; 6~r
(2) used compressor oils removed from
refrigeration units and that are ''./
contaminated with chlorinated , . ;.
fluorocarbons (CFCs), on the condition
that these used oils are destined .for
.reclamation of the CFCs at an off-site .;
CFG reclamation facility. The exemption
applies to these two types of oils'that
are not mixed with used oil from other
sources or other halogenated hazardous
wastes. '..- '_'.
EPA is concerned about the burning of
used oils containing high'levels of
" halogens in uncontrolled burners. Bolh
metalworking oils and used compressor
oils that contain a high level of
halogenated 'constituents {>4,000 ppm)
can not be burned safely in uncontrolled
boilers and furnaces. If such used oils
are to be burned for energy recovery,
they must be burried at facilities that are;
in compliance with subpart G of part 279
or,- if the used oil has .been mixed wjlh
hazardous,"Waste, with subpart H of part
286. '."-;.. -;-..-: '.. ,. ' : :
ii. Specification used oil fuel. Owners
or operators who claim an exemption '-'
:from regulation under 40 CFR 27S.11 for
,. .specification used oil fuel must analyze
for the specification used oil fuel
parameters (i.e., arsenic, cadmium,
chromium, lead, total halogens, and
flash point) and provide documentation
of testing and sampling-methods used
and the frequency of sampling in the
facility's analysis plan. If an Owner or
operator of a used oil processor/re-
refiner facility markets specification
used oil fuel, the owner or operator must
document that the used oil meets the
specification levels in the facility
operating record, and must cross
reference documentation that the used
1 .oil meets the specification to the burner
or marketer. '
iii. Indicator parameters* In 1985, EPA
proposed that all owners and operators
- of used coprocessing and re-refining
facilities that also manage hazardous
.wastes at the same facility.rtest their
used oils for the presence of indicator
parameters. Indicator parameters are
those constituents, that were commonly
.present in the hazardous wastes
handled at'ihe-facility, but not
commonly found in used oils. _f
The majority of commenters who
commented on the proposed analytical.
- requirements stated that there is no
need for the proposed indicator
parameter testing at co-management
facilities. The commenters responding to
the indicator, parameter testing
requirement argued that co-management
facilities are hazardous waste facilities *
operating under interim status or a full -',-
permit. Commenters, stated that ,.
intentional mixing of used oils and
hazardous wastes does not occur at COT
"management facilities due to the fact,;
that mixing would reduce, the
marketability and recyclability of the
used oikUpbn consideration of the
public comments, the Agency has ' .
decided not to finalize the .proposed
requirements for, indicator parameter
testing. "/ : -> .
For the analyses described above, the
owner qrfoperafo.r of a used oil recycling
facility must specify in^^ the facility's ',
analysis plan the frequency of sampling
and analysis. The owner or operator
must perform sampling and analysis on
a schedule, that is adequate to meet all
applicable requirements and assures
that all used oils managed at the facility
are handled .safely and in compliance,
with all applicable used oil management
'standards., "-...'. - - .;.,.-,
.In the 1985 proposed managemeiit '?.
standards, EPA requested Comment on
the need to specify a specific schedule--
for sampling and analysis at the
processing and re-refining facilities.
Although EPA received several.' :
comments on the subject, the :
- commenters did not agree either'on the
need to -set a specific schedule or what
the schedule should be, if EPA specified
a schedule. It is apparent from the -.-
public comments.received on the subject '
that it is probably not possible to
develop a testing frequency schedule
that would be appropriate for all types
and sizes of used oil processing arid re-
refining facilities and take into account
the many facility-specific variables that
affect sampling and analysis :
frequencies. Therefore, under today's
rule, EPA is not providing a specifife
schedule, but is requiring owners or.
operators of :used oil processing and re-
refining facilities to establish a tailored
iSampling and analysis schedule that will
. te appropriate for.their particular
facility and that meets the intentof the
sampling and analysis requirements*
This schedule must be documented in
the facility's analysis plan. ' . .
Records ibf ail analyses conducted at
the facility to comply with the sampling
and analysis requirements inust be
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41598 Federal Register / Vol. 57. No. 176 / Thursday. September 10. 1992 / Rules and Regulations
maintained at the facility in the facility's
operating record for a period of three
years, as specified in ง 279.57(a).
!. Tracking of Used OH. Commenters
favored the 1991-proposed tracking
requirements for used oil processors/re-
refiners. EPA believes that these
facilities are the ultimate decision
makers for the fate of used oil.
Therefore, the Agency is finalizing the
mafority of tracking requirements
proposed in 1991 which include keeping
the records of each used oil shipment
accepted for management and the
records of each shipment of used oil
delivered to the endusers. The
requirements are specified in ง 279.56.
Furthermore, these records may take the
form of a log, invoice, manifest, bill of
lading, or other shipping documents.
These records will provide the
information necessary for preparing
biennial reports for the facilities' used
oil activities required in ง 279.57(b)
discussed below.
j. Operating Record, Owners and
operators of used oil processing and re-
refining facilities are required to
maintain operating records included in
1278.57(a) of today's rule, until closure
of the facility. The records include used
oil analyses performed in accordance
with the analysis plan required under
ง 279.55 and summary reports detailing
all incidences that require
implementation of the contingency plan
specified at ง 279.52(b).
k. Reporting requirements. Owners
and operators of used oil processing and
re-refining facilities are required to
report to EPA or an authorized state
agency in a letter, on a biennial basis,
the following information: (1) The
facility's EPA identification number,
name and address; (2) the calendar year
covered by the report; and (3) the
quantities of each type of used oil
accepted for recycling and the manner
in which used oil is recycled at the site
(if the facility recycles used oil in more
than one manner, the quantities of used
oil recycled should be reported for each
recycling method (e.g., burning,
processing)].
Reports documenting the information
listed above must be submitted to EPA,
or the authorized state agency, by
March 1 of each even numbered year
and cover used oil recycling activities
cunductcd during the previous year.
Reports need only be in the form of a
letter or spreadsheet and no formal
reporting form will be developed.
The information identified above is
similar to that listed on the Hazardous
Waste Biennial Report Form (No. 8700-
13B). The information requests were
designed in this manner to assist owners
and operators of used oil processor and
re-refiner facilities in preparing the used
oil biennial report. Many owners and
operators are familiar with the
hazardous waste biennial reporting
form.
Commenters supported the biennial
reporting requirements proposed for
used oil recyclers in the 1991
Supplemental Notice. As noted in the
Supplemental Notice, EPA believes that
the information provided by the used oil
processing and re-refining facilities will
help the Agency when developing Phase
II management standards that may
include incentives for encouraging DIY-
generated used oil recycling and/or
more stringent management standards
for a particular form of recycling (e.g.,
used oil burning). EPA also believes that
the information collected from
processors and re-refiners will allow the
Agency to monitor the flow and
disposition of used oil and to allow the
Agency to assess the relative amounts
of used oil that are recycled in different
manners.
The reporting requirements
promulgated today will apply only to
used oil processors and re-refiners and
not to used oil burners or to transporters
who directly market used oil fuels. The
Agency believes that the information
that is required of processors and re-
refiners will indicate quantities of
specification fuel and off-specification
fuel produced. In case the Agency wants
more specific information on burning
activities, EPA may obtain additional
information through a survey or by
reviewing shipping records maintained
by burners and used oil transporters. '
1. Closure. Owners" and operators must
ensure that the units and areas used to
store and recycle used oil are closed to
the extent necessary to protect human
health and the environment and in a
manner that controls, minimizes', or
eliminates post-closure escape'of used
oil and used oil residues to the ground,
atmosphere, and water. At the time of
closure, owners and operators who store
used oil in aboveground tanks must
empty the tanks, remove or
decontaminate residues from the tank
system, remove and decontaminate
containment system components,
contaminated media, and any structures
and equipment contaminated with used
oil released after the effective date, of
today's rule. Contaminated media,
components, structures and equipment,
and any used oil removed from the site
must be managed as a hazardous waste,
if the media, waste, or material meets
the definition of hazardous waste, per 40
CFR 261.3(d).
If the facility owner or operator
cannot successfully remove and
decontaminate all contaminated media
at the facility, then the owner or
operator must close the tank syste'mfs) .
and perform closure and post-closure
care,in accordance with the
requirements of 40 CFR 265.310 that
apply to landfills. EPA-deferred the
financial responsibility requirement for
used oil processors and re-refiners in the
1985 proposal and 1991 supplemental
notice. EPA believes that the closure
steps necessary under today's rule can
be implemented without the financial
responsibility requirements for facility
closure established under subpart H of
Part 264/265. The closure requirement
promulgated today only requires unit
closure and removal of contaminated
media in the immediate vicinity of the
used oil storage/processing unit. EPA
believes these costs are not likely to be
excessive and can be borne by owners/
operators without the need for financial
assurance that is necessary for KCRLA
subtitle C hazardous waste treatment,
storage, and disposal facilities. In
addition, the Agency believes that many
used oil processors/re-refiners would as
a business practice routinely set aside
funds for complying with the business '
insurance requirements. (See Cost and
Economics Impact of 1992 Used Oil
Management Standards, August ,1992,
available in the docket accompanying
this rule.) _ . ' ;
Owners and operators who store used
oil in underground storage tanks must
comply with the closure requirements of
40 CFR part 280, subpart Gf , ,
. Owners and operators who store used
oil in containers must remove all
containers from the site at the time of
closure. The owner or operator must
also remove and decontaminate all
residues, contaminated containment -
system components, contaminated soils,
and any structures and equipment
contaminated with used oil and manage
them as hazardous waste if the media,
waste, or material meets the definition .
of hazardous waste, per 40 CFR 261.3(d)
or 261.4(b).
Based on information gathered from
documentation of Superfund sites where
' used oil was identified as one of the
major constituents of concern managed
atthe site, EPA is convinced that , . .:
closure requirements for tanks and ^
containers and for the area at existing
facilities are important. EPA believes
that the secondary containment
requirements for Containers and.tanks
established today will minimize the
heed for extensive closure in the future
since the potential for a release of used
oil to migrate into the environment will
be reduced. The requirements of today's
rule should ensure against damages that
could result at abandoned sites by: (a)
-------
1ft !is92: / 'Rul^g and
controlling (containing;) used oil spills or
releases that may occur during the
operation of used oil processing and re-
refining facilities and (b) requiring the
removal of contaminated soils in the
vicMty of or beneath the abovegrouml
used oil storage arid processiiig units at
closure. f
-m. Other applicable requirements. In
addition to,complying with the
requirements of subpart F, owners and-
operators of used oil processing and re-
refining facilities who also transport
used oil- off-site must comply with the
requirements for used oil transporters In
s.ubpart E. Owners and operators of
used oil processing and re-refining
facilities who market used oil fuels must
comply with the requirements of subpart
H; owners and operators who bum used
oil fuels must comply with the "
requirements of subpart G. Disposal of
used oil must be performed in
compliance with the requirements
specified in part 279, subpart I.
Similarly, management of usedoil ,
processing and re-refining residuals
must fee performed in compliance with
the existing RGRA requirements. In -...
addition, used oil generators who
recycle used oiLon-siie in' a manner '
other than burning for energy recovery
must comply with the standards ' ;
promulgated today for used oil "--.
processors'and re-refiners.
- 5. Standards for Burners of Off-
Specification Used OH Fuel
subpart G applies to owners and
operators of facilities where,off-
spe.cificatioii used oil fuel is burned for -.
energy recovery in any boiler or
industrial furnace and hazardous waste
incinerator subject to regulation under
40 CFR part 264 or 265, subpart O. The
requirements are shown in Table VL5.
The requirements,of 40 CFR part 279,
subpart G are applicable to: {!] Owners
and operators of facilities that burn ws&d
oil fuel for energy recovery where fee
fuel does not meet the specification
levels'for the constituents listed M
ง"279.11 (previously 40 CFR 266.41); (2)
transporters or marketers who burn
used oil fuels -that'do riot meet,the
specification for used oil fuels fused oil
transporters are also subject to 40 CFR
part 273, subpart E and marketers are
also subject to 40 CFR part 279 subpart
H); and (3} used oil processing and re-
refining facilities that also burn off-
specification, used oil fuels (used oil
processing and re-refining facilities also.
are subject to 40 CFR part 279, subpart.
-F). Used oil fuel, or used oil sent off-site
to be burned for energy recovery,: "/'
includes any fuel produced from used oil
through processing, blending, or,other
treatment The requirements of subpart
G are merelyihe existing requirements
of the former part 266, subpart E, with
minor modifications. EPA summarizes
these requirements below,
TABLE Vl.5.-^SrANoABDS FOR BURNERS
OF OFF-SPECIRCATION USED OIL
Requirement
s ' ' ' .
turners who
perform other
management
activities, i
Restrictions on
burning.-
'Notification and
EPA .
identification
' number.
.Flebuttabte
. presumption 1or
used oil.
Exceptions from .
rebuttable
presumption for .
CFCend
-" metalwprking
' oils.
Record retention ..
for rebuttable
presumption.-
Type of storage
units.
Condition of tanks
and containers.
Secondary '
, containment for
containers .and
. existing and Jisw
above ground
'tanks. ''-' <
labelling- of 1
containers and
tanks.
Responses to
releases. ': ,
Tracking
acceptance and
- recordkeeping.
Certification ;....,........
Management of
residues; " -
SPCC
requirements.
including spill .
prevention and,
Control. . ' . i
UST requirements, i
including ,
corrective action
and financial
responsibility;
inspections,: .
Closure ._, ._.,..
:Newor
'Existing
Now
" .
Existing ,. ......
Existing...:.,..
Existing.......
New,...........
New,.
New.....,". j
New ,...ป...
New ;..;..._.
New,. ...
New:.........:...-.
Existing...'.......
Existing. ....!,...
New............,,;]
Existing
-, (applica-
ble r
independ-
. ently).
ExisSng
!.A .
N-A~:~~
Hegulatory
citation
1 279,60{b)
SZTSJBf '
ง279.62 '.
ง279.63(a),(b),
and(c)
- - . -'
ง279..63jc}.(1).:
and (2) ;'.
g.279.63(dy
'.''-
f 279.64{a)' .
J273i64(b)
ง 279.84(c), (d)
and(e), -,'.-
; - ; . ,
ง2.79.64(S)
|279.64(g) .-...
1279^5 '
? 279 66
ง279.67" .
40 CFR Part
- 3 12 -
4S CFR Part
280
tone ,
None
The requirements under part 279,
subpart G are not applicable to persons
burning used oil fuel Shat meets the used
oil fuel specifications of 40 CFR
279.11,2 2 provided the marketer or
^2The specification levels are: arsenic=5j)pn),"
maximum; cadmium 2 ppm, maximum,*'
ซHroniium=10ppm, maxuijiim; lead=100ppm,"" :
maximum; flash po!nl=100ฐF. minimum; total
ha!ogBns=4,rjOOppm maxlmpm.
burner of such fuel complies with the
requirements of that section. '. .'-.'-:.'.-' '^
Used oils that are hazardous wastes
may be burned for energy recovery in:
compliance with subpart G of parl 27fl,
Instead of 40 CFR part 266, subpart H:
^standards for burning hazardous waste ,
. in boilers and industrial furnacesj,
provided the aised oil fuel is Kazaidous
solely because it exhibits a
characteristic of hazardous waste by its
own nature or was mixed with '"'-'
hazardous waste generated by a
conditionally exempt small quantity
generator regulated under 40 CFS 261.5,'
Burners who treat off-specificatioji
fuel by processing, blending, or other
treatment to meet the specification
levels contairied in 40 CF^ 279.11, rnu^t
comply with the processing and re-
refining facility standards of 40 CFR part
279, subpartF and the used oil marketer
standards of subpart H of part 279.
. b. Restrictions. JJsed oil fuel thai is.....--.
off-specification {/.e., used oil fuel
exceeding any of the specifications of 40
CFR279.li| may be burned only in,
industrial furnaces or boilers (defined M
40 CFR 260.1D3 tiiat meet the following-
criteria: (!) Are located on the site as
part of a manafactjiring process {e.g.,
cemeiit kilns, asphaltplantsj where
materials are transformed into new
products, including ihe component parts
of products, by mechanical or chemical
processes; "f2J are utility boilers that
generate electric power, steam, heatsd
or cooledair, or other:gases .pr fluids for-
sale for energy purposes; (3) are used ,'-.
oil-fired space tieiateis, provided ihat the
'burner complies iiyith'40' CFR 273,23; of
{4) are incinerators in compliance with
parts 284/265, snbpart Of (See) ง270.61
for;the specific restrictions:} . - -
'c. On-site Burning in Space Healers ,
Used oil may, be burned in a used oil-
fired space heater,'provided ihat the;_
space heater bairns sanly used oil that fee
owner or operator generates and/of ..;
used oil obtained from householdLDIY'
oil changers. The space heater must
have a maximiim capacity of not more
than 0.5 millibn^BTU per hour and the .
combustjon gases fcom the burner unit
must be vented tothe ambient ajr./ ,
d. Notification Requirements. Burners
of off-specification used oil fueljntist
" ootify the appropriate EPA Regional
Adniinistrafor using EPA Form 8700-12. '
.cr by submitting a letter. Stating the
location and general description of used
oil burning activities, unless the owner
or operator of the facility has previously
notified the Agency of their used oil
burning activities. Upon receipt of this;
notification, EPA wMl issue an iiPA .
. identification number to the burner. This
requirement does not apply io:(l]
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41600 Federal Register / Vol. 57, No. 176 / Thursday, September 10, 1992 / Rules and Regulations
Burners who only burn specification
used oil fuels; (2) burners of
specification used oil fuel who receive
the fuel from used oil marketers who
have notified EPA of their used oil
management activities and who have
provided appropriate information
concerning specification fuel claims; or
(3) generators who burn used oil that is
generated on site only in used oil-fired
space heaters.
e. Certification. Before a burner may
accept the first shipment of off-
specification used oil fuel from a
marketer, the burner must provide a
one-time written notice certifying that
the burner has notified EPA stating the
location and general description of the
burner's used oil management activities
and that the burner will burn used oil
only in an industrial furnace or boiler
identified in 40 CFR 279.61(a).
f. Storage Requirements. Owners or
operators of facilities that burn used oil
for energy recovery must store all used
oils either in tanks or containers. All
aboveground tanks and containers must
be maintained in good condition (i.e., no
visible signs of leaks or structural
damage). EPA believes that the practice
of storing used oil in unlined lagoons,
ponds, pits or surface impoundments is
not very common and it is Inherently
unsafe and poses an undue risk to
human health and the environment.23
Therefore, today's rule requires that all
used oils be stored in aboveground
tanks or containers or in underground
storage tanks.
The owner or operator of a facility
that burns used oil must label all
aboveground tanks and containers used
to store used oil and all fill pipes used to
transfer used oil to underground storage
tanks with the words "used oil." EPA is
requiring owners and operators to
clearly label storage units used to store
used oil to assure against accidental
mixing and ensure that only used oil is
placed in tanks reserved for the storage
of used oil.
Owners or operators of facilities that
burn off-specification used oil and who
store used oil in aboveground tanks or
containers must equip the storage area
surrounding the existing tanks or storage
area holding containers with a floor and
secondary containment structures
(dikes, berms, or retaining walls) that
are made of a material that is
impervious to oil and that are capable of
containing all potential spills and
releases of used oil to soil, surface
water, and ground water from the tanks
or containers until the facility owner or
operator can take measures to clean up
the release. The floor under existing
storage tanks must cover the entire area
within the containment structure, except
where existing tank portions meet the
ground. For new tanks, the floor must
cover the entire area within the
containment structure (for additional,
discussion, see section Vl.S.f of this
preamble).
EPA is requiring secondary
containment for aboveground storage
areas because the Agency has
documented that past storage practices
at used oil management facilities has
resulted in releases of used oil to the
environment. In the background
documents supporting this final rule,
EPA has documented damages that have
occurred as a result of past storage
practices at used oil management
facilities.24. .
If used oil is stored in underground
tanks, the owner or operator of a used .
oil burner facility must comply with the
UST requirements of 40 CFR part 280. In
addition, burner facilities that meet the
applicability criteria for the SPCC
standards in 40 CFR part 112 must
comply with those provisions as well.
g. Response to releases. Owners and
operators of used oil burning facilities
who store used oil in aboveground tanks
and containers must comply with the
same release response requirements as
those promulgated for used oil
processing and re-refining facilities.
Whenever there is a release or spill of
used oil to the environment, the owner
or operator must remove released used
oil and contaminated media from the
area, including used oils held in the
containment area. Released used oils
and contaminated media removed from
the area must be managed (i.e., treated,
recycled, disposed) in accordance with
the requirements of this part and any
other applicable parts of this chapter.
These requirements do not apply to past
releases that occurred at the facility
prior to the effective date of the used oil
program within an authorized state in '
which the facility is located. This above
requirement applies only when there is a
release to the environment. Under this
rule, this would not include releases
within contained areas such as concrete
floors or impervious containment area,
unless the releases go beyond the
contained area. '
" Any ซnd ill staraga in of used oil in surface
impoundment* or other land-based units ia strictly
prohibited unless this owner or operator of the unit
operates the unit In full compliance with 40 CFR
part 354/2S5. aubpart K.
34 See "Summary Descriptions ot Sixty-Three
'Used Oil* Superfund Sites." and "Summary
Descriptions of Used Oil-Related Damages at
RCRA-Permitted Facilities." Both of these
documents are' available in the docket for today's
rule.
In addition to the provisions listed
above for releases of used oil-and, in
addition to the corrective action
requirements for releases from USTs
provided in 40 CFR part 280, subpart F,
used oil burners .of off-specification fuel
are required, under CERGLA Section
103, to report a release of hazardous
substances to the environment when the
release is equal to or in excess of the
repprtable quantity (RQ) for the
particular substance. Used oils that are' ,
contaminated with CERCLA hazardous
substances (e.g., due to the presence of
elevated levels of lead) are subject to
these CERCLA release reporting
requirements. Therefore, releases of
used Oil containing such .contamination
into the environment in quantities
greater than the reportable quantity
must be reported to the National
Response Center. The current RQs for
CERCLA hazardous substances are
listed in 40 CFR 302.4. In addition, under
40 CFR part 110, any discharge of oil
that violates applicable water quality
standards or causes a film or sheen tin, a .
water surface must be reported to the,
National Response Center.
h. Used oil fuel analysis (halogens). A
used oil burner must ensure that any
used oil fuel handled at the burner's
facility is not mixed with hazardous
wastes. EPA will continue to presume
(per ง261.3(a)(2)(y), previously ง 266.40)
that any used oil containing more than
1,000 ppm halogens has been mixed with
chlorinated hazardous wastes. To rebut
this presumption, the owner or operator
must be able to document that the used
oil fuel was not mixed with hazardo'us
waste (e.g., by demonstrating that the
presence of 1,000 ppm or more of total
halogens is from some other source).
Note: Used oil fuel processors or
marketers may conduct .analyses to document
that the used oil contains less than 1000 ppm
halogens. Used oil burners may use this
information in making their own
determination and in rebutting the.
presumption'of mixing.
i.- Recordkeeping andReporting
Requirements. A burner who receives
an invoice from a used oil marketer
under the requirements of Subpart H
must maintain a copy of each invoice for.
at least three years!. Documentation of
any used oil fuel analyses also must be
maintained for at least three years. A
burner must maintain a copy of each ;'
certification sent to a marketer for at
least three years from the date the
burner received the last shipment'of off-
specification used oil fuel from that
marketer. A burner may use an
acceptance/delivery log in lieu of an
invoice. "
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Federal Register / Vol S7. No, 176 /-Thursday; September 10, 1992 / Rules aiad Regulations 4160J
No reporting requirements, are being
.promulgated for used oil burners of off-
specification fuel. EPA believes that the
Agency will be able to obtain burner-
specifAc information by inspecting
invoices kept by burners and the "
acceptance/delivery logs kept by'..,/.
collectors/transporters, processors, and
re-refiners. , : .
; j. Possible future, regulations for used
oil burners, EPA received several
comments suggesting that EPA revise
the used oil fuel specification levels,
particularly lor lead. Such comments ere
beyond the scope of today's rule, since
EPA did not propose .any changes and
EPA .does not address these comments
here. None theless, as noted in the 1991
Supplemental Proppsal, EPA intends to
conductadditionai studies of used oil:
burning activities to address public
concerns regarding potential lead
emissions from used oil burners. After
such studies are complete, EPA may
either develop emissions standards for.
used oil burnersor 'may revise the
; current specification limits for used oil
fuels, if analysis suggests that additional
- controls are necessary to protect human
health and environment; " :
EPA believes that the phase-down of
lead in gasoline over the past 6 to 8
years may have resulted in a significant
reduction of lead levels in used oils
generated from gasoline-powered
engines. The Agency'spre-iS85 data'
show that used automotive engine oils
that were sampled from storage tanks at
- processing and re-refining facilities
averaged around 3J2GO ppm lead. On the
other hand, .the Agency's data that were
collected in 1988 and 1989 and the data
submitted by the commenters in .'
responsfiio; the 1991 Supplemental
Proposal suggest that used oils from .
. gasoline-powered engines feat were
sampled from storage tanks averaged.
approximately 80 ppm lead. These data
suggest fliat the Lead Phase-down
Program-may have had a significant
effect on reducing 8ie lead in gasoline.
Based on ttiese data, EPA believes that
a significant amount 6f used oil does hot
fail the used oil fuel specification limit
for lead. However, if the Agency
determines that.the specification limit
for lead should be lowered, greater --
quantities of-used oil may then exceed
the specification requirements,
k. Closure Requirements. In the 1985
and 1991 proposals, EPA considered
deferring closure requirements for used
oil burners, based on te lack of risk
data supporting the need for closure
requirements at'these sites. Since 1991y
while reviewing the available Superfuml
site information and RGRA enforcement
case data, the Agency has not located
substantive damage information specific
to burners/This leads ihe Agency to
believe that environmental damages at
used oil burner sites does not appear to
be a substantial concern {i.e., have apt V
resulted in environmental damage ฉfa
significant magnitude that it has resulted
in the site being identified as the NPL -:
site). Therefore, the Agency believes
. that closure requirements for used ปM
burners are manecessary at this" time,
hence, EPA is deferring such" ; ; "
requirements, , - ;
6. Standards for Used Oil Fuel .
Marketers ; ' .;,;.;.
On November 29,198ง, EPA'; ' ''.:
promulgated notification, analysis, and
reeordkeeping requirements for ;
marketers of used oil fuels as part otthe
used oil final Phase! burning regulations .
(40 GFR 266:43]. Today EPA is . -
consolidating all of the regulations
related to recycled used oil into rone part'
of the CFR io alleviate confusion on the
part of the regulated community and to
; provide cbnsistencyan ihe regulatiphsi.
Therefore, the used oil fuel marketer
requirements previously .codified as 4b
GFR 266.43 will now be codified as 40
CFR part 279, subpart H {Standards for
Used Oil Fuel Marketers]. EPA is
changing the designated codiEcation of*
the used oil fuel .marketer ^requirements
and reordering the appearance of these
requiremente without modification., : .
Table VL6 summarizes the requirements
established for the used.oil fuel-
mailceters. '.- " . :
TABLE Vl.6.STANDARDS FOR MARKETERS OFUSED OIL FUEL
; Requirement '
Prohibrllbns .........;...;.... ' " -'.;]
On-specifieafion used 611-anatysls .....;...
NotjfieaJioiii arid EPAjideniifie^tiorj number,. _.. .,.,....
Traokins oB-speriScation Juel ., ^_.; , _.
TracKing-^on-specification fuel.. .. . . '
Recordkeeping , r '
CertificattOB i
" t9ew or existing .
.- . -'.- . , - ---.
-.->.-..-
Existing . '
Basting :.' - ^ " ~ , ,
Scisfing-, _..._.^..^..., .; -
Existing ^inyojces)--. ....- '...ซ. .._._i_ ;...../
Existing -' - ' :
Existing " -'.-. . -_.-_-.- i- -.-.-.
Regulatory citation
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f 279 73
ง 279 74{a)
S.fHa.lVf>}., ,
The used oil'fuel marketer
requu-ements are applicable to all used
oil handlers that market used oil fuels. '
Fuel marketing is an activity that may
be undertaken byvused oil generators,
transporters, processors, re-refiners, 'arad
used oil burners. Used oil handlers may
certify that they are marketing off- '
speciFiqation used oil fuel or first claim
that the used; oil fuel Ihey are marketing
to non-industrial boilers and furnaces
meets the specification limits .
established for used oil fuel. Under - :
today's regulation, no party in the used
oil industry can be simply amarkeier., ,
EPA. believes that marketing isan
activity that a used oil handler .
undertakes when selling used oils as a
fuel. An entity that is selling off- - .
specification used oil fuel can either be
a generator or a transporter or in some
cases a processor or re-refiner.
Similarly, an entity selling specification
used oH fuel may be a generator,
transporter, processor, re-refiner, or a .
fuel oil dealer. A decision- to market
used oflas an off-specification fuel is -
solely an economic decision depending
on the costs associated with marketing
used oil as on-specificaiion f uel [f.e,,
used oil fuel meeting ihe specification
limits). In the former case, jised oil is
: shipped, as generated, or consolidated
without any. processing, to an industrial
boiler or furnace. In the later case, -
however, used oil is blended or
processed to produce on-specification :
used, oil fuel and is analyzed to
, document the claim that it meets the --.
specifjcatiDnlimitsrTherefore, the -:/
marketing requirements of 40 CFR part
279, subpart H, in addition to all other
applicable, pro visions of part 279, apply
to all .used oil marketers. "
Under today's definition of marketers,.
it is logically impossible for a facility to
be only a marketer of used oil fuel EPA
believes that a marketer of used oil fuel
must either have generated,
transported/stored at a transfer f aeility,,
and/or processed .the iised oU before
marketing thewed oil fuel, EPA
received comments stating that persons,
~ who blend used oils from other sbui>ces
should be regulated oniy as marketers,
EPA disagrees EPA believes Ihat aay
; person who blends different used oik
-------
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12 Federal Register /Vol. 57, 'No.' 176 / Thursday, September 10.' 1992 / Rules and Regulations -.,
should be treated as processor (recycler)
under today's rules. The blending and
fuel production processes, and the
associated storage of oils and fuels,
have posed environmental risks as
documented in the information available
for the fuel oil marketers identified as
NPL sites and from the RCRA
enforcement actions being pursued by
the Agency. Thus, EPA believes it is
appropriate to regulate those who blend
used oils to produce fuels under the
processor/re-refiner standards
established today. However, those
facilities who consolidate shipments of
used oil before sending the consolidated
oil for recycling are classified as
transfer facilities and are subject to the
transporter standards.
7. Standards for Disposal of Used Oil
and Use as a Dust Suppressant
a. Disposal of Used Oil. As explained
above, EPA believes that most used oils
are recyclable. Since there are cases
where particular types or batches of
used oil are not recyclable, EPA
understands the need to provide for the
safe and proper disposal of used oils in
these limited circumstances. EPA is
today promulgating disposal standards
for non-recyclable used oils under 40
CFR part 279, subpart I given in Table
VI.7.
TABLE VI.7.STANDARDS FOR USE AS A
DUST SUPPRESSANT AMD DISPOSAL OF
USED Oit
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Regufatoy
citation
ง 279.81
ง879,82
On May 20,1992 (57 FR 21524), EPA
promulgated a listing determination for
used oils that are disposed. EPA
determined that it was not necessary to
list these used oils because those used
oils that present an undue risk to human
health and the environment typically'
and frequently fail the toxicity
characteristic leaching procedure. Since
such used oils are identified as a RCRA
hazardous waste, EPA saw no need to
list any used oils as hazardous waste
\vhen they are disposed.
Used oils that are identified as
hazardous wastes and are not
recyclable must be handled and
disposed of as hazardous wastes in
accordance with all applicable subtitle
C regulations. Used oils that are
hazardous wastes because they, exhibit
one or more characteristics of hazardous
waste and are destined for disposal
must be accompanied by a hazardous
waste manifest when shipped off-site
and must be transported to a permitted
or interim status subtitle C'disposal
facility. In addition, all wastes that fail
the extraction procedure toxicity (EP)
test are currently prohibited from land
disposal under 40 CFR part 268.
Used oils that are not mixed with
listed hazardous wastes and do not
exhibit a characteristic may be disposed
of in an industrial solid waste landfill or
a municipal solid waste landfill. Used
oils that are disposed in municipal solid
waste landfills after October 9,1993,
must be managed in accordance with
the requirements of 40 CFR part 258. In. /
addition, all nonhazardous used oils that
cannot be recycled must be disposed of
in accordance with all applicable
Federal and State solid waste .
regulations.
b. Use as a Dust Suppressant. In the
1985 proposed used oil management
standards, EPA proposed to list all used
oils as hazardous waste. Since the
Hazardous and Solid Waste
Amendments, banned the use of all
hazardous wastes [those that are either
listed or exhibit a hazardous waste
characteristic other than ignitability) as
dust suppressants, the proposed listing
of used oils had the effect of banning the
use of any used oil as a dust
suppressant. Used oils are banned from
use as dust suppressants under the
statute only when mixed with a listed
hazardous waste or when they exhibit
the Toxicity Characteristic.
Although the Agency has determined
that used oils need not be listed as
hazardous wastes, EPA still believes
that used oils should not be used for
road oiling or as dust suppressants due
to the tendency for used oils to contain
hazardous wastes or be contaminated
with hazardous or toxic constituents.
There was overwhelming support from
commenters for a ban on the use of used
oil for road application and dust-
suppression. Direct application of used
oil to the land allows for direct exposure
of used oils and all potential
contaminants to the environment.
Therefore, in today's final rule, EPA is
banning the use of all used oils for road
or land application.
EPA recognizes that some states have
established road oil control programs. A
recent survey of states, however,
showed that road oiling is not widely
practiced, even in states that have such
programs. Today's rule provides for
states who wish to continue to allow
road oiling under programs designed- to
control such activities to petition EPA to
exempt their .state from the national :
ban. This petition would usually be part ;
of the state authorization package, but it
may be a separate petition (i.e., from an
unauthorized state). The petition should
show how the state will prevent the
road application of used Oil that is
mixed with hazardous waste or that -
exhibits the toxicity characteristic. The
petition,should generally demonstrate
how the state will minimize
environmental impacts of road oiling,
E. Response to Major Comments
1. Listing Used Oil as a Hazardous
Waste
Commenters overwhelmingly
supported the option not to list used oils
as hazardous waste but to rely on
management standards to control
potential mismanagement of used oils.
In fact, commenters to the 1991
Supplemental Notice overwhelmingly
supported listing Option Three, no
listing of used oils and reliance on
management standards to control
mismanagement of used oils. EPA has
concluded that existing EPA regulations,
and particularly the Toxicity
Characteristic, adequately control the '
disposal of used oils that are hazardous
wastes. The new Federal criteria for
municipal solid waste landfills in part
258, as well as the storrnwater
regulations arid TSCA requirements,
adequately regulate the disposal of
nonhazardous used oils.
Based on public comments and the
recycling presumption discussed in the
1991 Supplemental Notice, EPA has
determined that used oils that are
recycled do not pose a substantial
present or potential threat to human
health and the environment when they
are managed in accordance with the
standards promulgated today from the
time they are generated until they are
recycled in addition to the existing
requirements under other statutes or
regulatory programs. In making a no-list
determination, EPA considered the
technical criteria for listing in 40 CFR
261.11, the fate and possible , .',
mismanagement of recycled used oils,
and the impact of the management
standards proposed in 1985 and 1991 on
.the recycling of used oils, and as
discussed above, EPA has concluded
that the management standards issued
today control those problems that have
occurred in used oil recycling.
Therefore; listing used oil is not
necessary to ensure adequate '
protection.
2. Mixtures. ' ,
: Commenters were nearly unanimous
in support of EPA's proposal-to exclude
.. wipers and other materials r
contaminated with used oil from the
proposed listing. Based on public
-------
'
and
comments and commmter-submitied
;. data,, the Agency Las decided not to list
any J^ed oils as IrazaMous wastes.
Therefore, .mixtures of used oils and
other materials are not automatically
hazardous wastes via the mixture rule*
Mixtures of used oils and listed
hazardous wastes will be regulated as
hazardous wastes, whether they are
recycled or not. Mixtures of used oil and
characteristic hazardous waste that ;.u,.
exhibit 'a hazardous waste characteristic
also must be managed as a hazardous
waste; whether they are recycled or not.'
However, mixtures of nonhazardoiis
materials and used oils that exhibit a
. characteristic by their own nature {i.e.,
the used o;il is characteristically
hazardous prior to mixing)' or mixtures
of used oil and characteristic hazardous
waste that do not exhibit a
. characteristic are subject to the
standards in~parf279 If they are being
recycled. Of course, if such a mixture
cannot be recycled arid the mixture
exhibits a characteristic, it must be-
disposed in accordance with all '
applicable subtitle C. regulations. . '
. .-; Mixtures of used oil and other, ;,
materials generally will be Teguiated;
under part 279. However, as discussed
above, EPA has exempted wastewaiers
contaminated with very -small amounts
of used oil, since such mixtures are not
likely to pose a significant hazard. If
mixtures of used oi and sorfeent'
materials feo'm which used oil can not 'be
separated, however, are burned for
, energy recovery, the Agency believes
that such recycling is acceptable. Sn
addition, it is subjected to the existing
used oil specification fuel requirements
that are inspect since a&85 and
recodified in part .279 today;
3. Controls on Disposal \
CoBimeiaters supported EPA's
proposal to develop guidelines for Jhe
disposal of noa-hazardous used oil. The
standards being promulgated today as
part 279 apply to all used oils that,are
being recycled. Based upon the
representations of icommenters 'that
most used oil is recyclable and is indeed
recycled once it is collected, EPA has
adopted a "recycling presumption,"
- which means that .the Agency presumes ,
that aU used oils vwlll be recycled,A
used oil handler who has .used oils thai
cannot be recycled must dispose of the
used oil properly. Hazardous used oils
must be disposed in subtitle C facilities
and new Federal Criteria lor municipal
solid waste landfills .under pariJZSa,
which .go into effect in October, 1993,
will control nonhazardous used oils that
are disposed. FoJ these reasons; EPA .
believes that establishing guidelines for
the disposal of used oils is unnecessary.
Mearly aljflie commenters said that
listing used oil as a hazardous waste
would discourage the recycling of TOฅ-
generated used oil. As discussed above,
EPA is not listing any used oils as
hazardous Wastes. As a result, the major
disincentive cited by commenters for
used oil generators to continue .
, accepting iused oil from D!Y generators
has been removed. Nonetheless, In the
September 1991-Supplementa! Proposal,
EPA put forth several non-regulatory
incentive options for encouraging
increased collection and recycling of
DIY-generated used oils. EPA has not
evaluated all'of these-inceaiive :
programs to date but will continue to
assess the need for DIY incentives, and
development of a non-regulatory scheme
for DIY used oils may be part of a future
used oil package.
5. Recycling presumption Criteria
As discussed In VLB of this preamble:
almost all commenters supported the
concept of the recycling presumption,
but few supported establishment of
foraial used oil can be
recycled and the degree of treatment
prior to recycling is a function -of the
Cost to the used oil generator. EPA has .
determined that it is not practical to set
such criteria. Therefore,,,EPA Is not
establishing formal criteria on which to
base a determlnationof
nonrecyclabttity. Rather, a 'used'oil
handler who is not recycling used oils
under part 279 must dispose of the used
oil in compliance with applicable
regulations. In other words, the used oil
handler then must determine whether
the used oil exhibits any characteristic
of hazardous waste and manage the
used oil accordingly. -
6. Ban on Road Oiling
Gommenters agreed that used oils are
currently not widely used for road oiling
and dust suppression. In fact, 41 out of
,50 states prohibit the use of used'oil for
these purposes. The Agency is aware,
however,
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Federal Register / Vol 57, No>.176 / Thursday^ September 40. -499J2
and Regulations
containment, such as double-walled
tanks, for used oil storage. Used oil
transporters, processing and re-refining
facilities, and burner facilities must
instead equip their tanks and containers
with secondary containment consisting
of dikes, berms, or retaining walls and a
floor. All components of the
containment system must be sufficiently
impervious to oil to prevent any used oil
released to the containment system from
migrating out to the soil, ground water,.
or surface waters. EPA believes that the
requirements promulgated today are less
burdensome than the supart J
requirements, yet they are sufficiently
protective of human health and the
environment. Although, subpart J
standards are not required by today's
rule, such requirements, such as a
double-walled tank, however, would be
sufficient for compliance with today's
requirements.
10. Financial Responsibility
In the September 19S1 Supplemental
NoUca, EPA proposed to defer the
establishment of financial responsibility
requirements for the clean up and
closure of used oil generator sites and
used oil facilities where used oil is
stored in aboveground tanks and
containers. Based on comraenters'
concerns regarding the costs and
availability of financial assurance
mechanisms, the Agency is not requiring
used oil handlers to demonstrate
financial responsibility for releases of
used oil, except as provided under 40
CFR part 280 for underground storage
tanks. EPA agrees with the commenters
that a formal financial responsibility
requirement similar to that in parts 264/
265 is overly burdensome for the
majority of used oil handlers. In
addition, such a requirement should not
be necessary because used oil generally
is not stored for long periods of time due
to its recyclability and marketability as
a commodity. Thus, there is little
likelihood of catastrophic spills that
might require expensive clean up
activities. EPA determined that financial
responsibility requirements established
In subpart H of part 264/265 is not
necessary since unit closure requirement
rather than a facility closure,
requirement is imposed today. The
facilities managing used oil in land-
based units, however, must be closed
like RCRA subtitle C landfills, if the
used oil contained in the units subject to
closure exhibits characteristic of
toxicity.
11. Permit-By-Rule
The majority of Commenters believed
that the pennit-by-rule mechanism was
unnecessary for implementation and ,
enforcement of the used oil management
system under part 279.(EPA agrees with
the commenters and has not established
any permit-by-rule requirements for
used oil facilities. The Agency believes
that the recordkeeping requirements in
part 279 will provide sufficient .
information for enforcement of the used
oil management standards. The Agency
decided against the permit-by-rule
requirement because the requirements in
today's rule are basic management .
practices that are largely self- .
implementing and do not require
additional permit consideration of site-
specific conditions.
12. Definition of Used Oil -"
In 1985 and in 1991, EPA proposed a
definition of used oil that followed the
statutory definition of used oil, but
included used synthetic oils within the
definition. Several commenters
contended that synthetic oils should not
be included because they are not in the
statutory definition. The definition of
used oil promulgated today, as the
definition proposed in 1985 and 1991, is
very similar to the existing definition in
40 CFR 266.40(b) and the statutory
definition in section 1004(36) of RCRA.
The only change is the inclusion of
synthetic oils within the definition,
including those derived from coal or
shale. As discussed in the 1985
preamble, EPA believes that synthetic
oils should be included in the definition
of used oil due to the fact that these oils
generally are used for the same
purposes as petroleum-derived oils, are
mixed and managed in the same mariner
after use, and present the same level of
hazard as petroleum-based oils.
VII. Effective Data
Under RCRA section 301p(b).
" hazardous waste regulations are
generally to become effective six
months after final rule promulgation.
EPA believes that the policy reasons for
allowing facilities six months to come
into compliance with new RCRA
hazardous waste rules also apply to
today's used oil management standards.
Therefore/today's final rule for the used
oil listing decision and used oil
management standards will become .
effective oji March 8,1993. However, as
explained below, in most states the rule
will take effect in two to three years, as
states adopt the new requirements.
VIII. State Authorization
A. Applicability in Authorized States
Under section 3006 of RCRA, EPA
may authorize qualified states to
administer and'enforce the RCRA
program for hazardous wastes within .
the State. (See 40 CFR part 271 for the
standards and requirements for
authorization.} Section 3006(h) of RCRA
allows EPA to authorize state used oil
management programs in the same
manner as state hazardous waste '
programs, even if EPA does not identify
or list used oil as a hazardous waste. In
addition, EPA retains enforcement
authority under sections 3008, 7003, and .
3013 of RCRA following authorization of
State used oil programs, although
-authorized States have primary
enforcement authority. Sections
3008(d)(4), (d)(5), and (d)(7) of RCRA
further clarify that EPA may assess .
criminal penalties for violations of used
oil standards even if it does not identify
used oil as a hazardous waste. ,
For rules written under RCRA
provisions that predate the Hazardous
and Solid Waste Amendments of 1984
("HSWA"), States with final
authorization administer their
hazardous waste programs entirely in
lieu of EPA's federal program. The
Federal requirements no, longer apply-in
the authorized State. When new, more .
' stringent Federalrequirements are . ,
promulgated or enacted, the State must
develop equivalent authorities within
the timeframe set out in the part 271 : .
regulations. The new Federal . ...
requirements, however, do not take
effect in an authorized I State until the ,
State adopts the requirements as a State
law. EPA may not enforce the.m until it
approves the State requirements as a . ; '
revision to the authorized
"
program. " , ' ,
The Hazardous and Solid Waste
Amendments of 1984 revised this system
for requirements and prohibitions
imposed under provisions added to the -
statute by the 1984 Amendments. New
HSWA rules take effect in authorized
States at .the same ,time that they take
effect in npnauthorized States. EPA is :
directed to carry out the HSWA
requirements in authorized States until.
the State is granted authorization .to do
so. While States must still revise State
law to impose HSWA requirements to
achieve or retain RCRA authorization,
the Federal rules apply until they do so,
Today's rules are generally more.
stringent thaii the preexisting Federal
rules, which exempted recycled used
oils from regulation as hazardous
wastes, but provided management
standards only for the burning of off-
specification used oils. (See former 40
CFR part 266, subpart E.) Thus, states
will be required to revise their programs
to-address today's rules. Moreover, the
requirements for burning off-
specification used oil promulgated today
, are more extensive than the preexisting
-------
, rules. EPA-consequently expects that all
States that adopted rules to reflect the
. existing requirements-will need to revise
their rules to be equivalent to the new
"off-spec" standards. . ".
; Today's rules, however, are- r
^promulgated under section ,3014(a) of
RCRA, a provision that predates the
:. 1984 amendments. The rules will take
effect in states that do not have final
authorization six months from the date
; that this rule is published in the Federal
Register. In authorized states,: the rules,
will not be applicable until a State
revises its program to adopt, equivalent
requirements under State law., '-
, ; 40 CFR 271.21(e)(2) requires States
that have final authorization to modify
their programs to reflect Federal
program changes and to submit their
.modifications to EPA for approval. The
deadline by which the State must '
modify its program to reflect today's
rules is July 1,1994, if.a statutory change
Is not needed, or July 1,1995, if a
Statutory change is necessary. These
deadlines may.be extended in certain
cases under 40 CFR 271.21(e}(3). Once.
EPA approves the State's submission, .
the State .requirements become federally
enforceable subtitle. O-requirements.
Unauthorized States that submittheir
final applications for initial
authorization less than 12 months after
the effective date pf this rule are not
required to include standards equivalent
to these in their applications. Such
, states, however, must modify their
programs to reflect today's rules under
the schedule described above. States
that submit final applications for initial
authorization more than 12 months after
the effective date of this rule must .. ...
include standards equivalent to these
rules in'their applications. 40 CFR 271.3
sets out the requirements a state must
meet when submitting a final \ ,
application for initial authorization.
States with authorized RCRA '
programs already may have
requirements similar to those in today's
rule. These States rnay continue to
enforce and administer their standards
as a matter of State law. Such State
rules, however, have hot been assessed
against the Federal rules promulgated .
today to determine whether they meet
the statutory and regulatory
requirements for authorization. .Thus,
sudh State rules cannot be considered
part of the Federal RCRA program. rEPA
may not enforce them at this time.
B. Aijaiiriistration : ;
As discussed in section-. VLB. of the
preamble/ a used oil handler [e.g.,
transporter, processor/re-refiner, burner
of off-specification rule, rand marketer)
who has not notified the EPA of .the used
oil management activity (e.g, used oil
transporting, used oil processing and re-:
refining, fuel oil marketing, and burning
of used oil as off-specification fuel) must
notify the Agency of used oil activities
and obtain an EPA identification
number. The used oil generators are not
subjected to the notification or EPA
identification number requirement, i -.-'.
Since 1985, the .existing used oil
marketers and burners of .off- - ':
specification fuel have notified and have
, obtained the EPA identification , :
.numbers.
Used oil handlers who would be new
tossed oil recycling business must _'-.
notify of their activity under regulations
established to implement section 3010 of
, RCRA.25 That is, in,the unauthorized ,
states, a used oil handler who has not
previously notified of the used oil
management activities must obtain ah --
EPA notification form from EPA and
. submit the form (or a letter) 90 days
from publication of these rules. In
authorized states, the notification '
.deadline will be established under state
law (which must be no later than 90 -
days from effective date of state's .used
oilrulersji The used oil handlers will :
obtain notification forms from state dhd
, submit forms (or letters) with state.
, Those used oil generators who intend
to become'eligible for an exemption
from the third-party liability under the
CERCLA section 114(c) are required to
use the used oil transporters with EPA
identification number for sending used
oil for offsite recycling. In authorized
states, such generators must make sure
that the used oil transporter they intend
to use has notified the Agency arid has
an EPA identification number. : >:
IX. Relationship of Th|s Rule to Oilier ",-
Programs - - - . . '. - ' .;..._
A. RCRA -. v ."
Land Disposal Restrictions
HSWA mandated that the Agency '
promulgate land disposal prohibition
determinations under a specific
schedule for wastes identified arid listed
prior to the enactment of HSWA {RCRA
sections 3004(d), 3004(e)i and 3004(g)(4),
42 U.S.C. 6924 (d), (e) and (g}{4). If the .
Agency failed to promulgate. land .
disposal restrictions by the. dates
specified in section 3004(g)(4), .the
wastes were absolutely prohibited from
land disposal afterMay 8,1990 (or in
some cases November 55,1986, or July;8iv
1987). HSWA also requires the Agency
to' make a land disposal prohibition " ..'
determination for any hazardous waste'
.that is newly identified or listed in 40
CFR part 261 after November 8,1984,
within six months of ;the date the new
listing is promulgated (RCRA section
3004(g)(4), 42 U.S.Q. 6924fg)(4). However,
the statute does not provide for : '
automatic restriction qr prohibition of
the land disposal of such wastes if EPA
fails to meet this deadline.
, Since used oils that are recycled are
exempt from subtitle G regulation under
';,ง 261.6(a)(4), .used oils that .are recycled
are.not subject to the land disposal
restrictions requirements of 40 GFR part
268. In effect, today's part 279 standards
are crafted to restrict the land disposal
of used oils and, therefore, the used oil
management standards further the. goals :
of the LDR program...Used oils that are ;
disposed arid exhibit a hazardous
characteristic or are mixed with a Us'ted
hazardous waste remain subje.ct to all
applicable subtitle C requirements, :
including the land disposal restrictions
requirements of 4Q GFR part 268.
Wastes,, including used oils that are
destined for disposal, that exhibit the
TC are considered newly identified
wastes and are not yet covered'by the
LDR, unless also EP Toxic (see the Third
Land Disposal Restrictions Rule, June 1,'''
1990, 55 FR 22520). EPA published an
Advance Notice of Proposed
Rulemaking for the land disposal
restriction of TC wastes "(56 FR.55160, '
October 24,1991) and continues, to . '
evaluate the treatability and capacity ,._
analyses for these wastes. The Agency-.
is currently deyeloping.a final:rule to
address this issue. .,-,-.-, ,-.. ';'..
B.MARPOL-73/78 ' . :
28 The regulations established today regulate
used oil under the authority of section 3014{a} of "-.
RCRA. Since EPA is not listing-or identifying
recycled used oil as a hazardous waste under
today's rule, section 3010 of RCRA technically does
not apply. EPA is, however, incorporating the 3010 :
notification requirements into its used oil
management standards.
-The International Convention for the .
Prevention of Pollution from Ships
(1973), as modified by the 1978 Protocol
addressing the same topic, "is known as
MARPQL 73/78. Thjs is an uiternational
agreement that focuses on preventing
ship-generated ocean pollution.
Annexes I-V of MARPOL 73'/78 address"
'ocean pollution from oil, noxious liquid
.substances (/.e.,.bulk liquid chemicals), '.
harmful substancesTsewage, and
garbage, respectively. - -.-.:
Concerning today's rule, the Agency *
believes that used oil and hazardous "
waste management requirements.apply
to used oil generated upon ships only.
upon removal of the oily waste from the
ship. Therefore, used oil onrboard is not
subject to RGRA requirements, and .
MARPOL requirements applicable to on-
' board oil wastes (harardous :and non- "
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41606 Federal Register / Vol. 57. No. 176 / Thursday, September 10ป ^92 7 Rules^ and Relations
hazardous) w$T not conflict with the '
part 279 requirements.
The Agency has determined that the
ship owner/operator, the owner of the
used oil, and the person removing the
used oil from the ship can all.be
considered "generators" of the used oil
for purposes of 40 CFR 260.10. Any of
these parties could perform any or all of
the duties of the generator.
C Clean Water Act (CWA)
The Clean Water Act authorizes EPA
to control the discharge of pollutants
into navigabla waters. Section 311(b)(5)
of the Act establishes reporting
requirements for the release of
hazardous substances and oils into
navigable waters, which include
wetlands. Concerning used oil, releases
of oil to navigable waters that (1) cause
a sheen to appear on the surface, (2)
violate applicable water quality
standards, or (3) cause a sludge or
emulsion to be deposited beneath the
surface of the water or adjoining
shorelines is reportable.
The Clean Water Act and recently
enacted Oil Pollution Act authorize EPA
to regulate activities that may harm
navigable waters. As part of this
mandate, EPA has established the Spill
Prevention Control and Countermeasure
(SPCC) program, which is designed to
protect surface water from oil
contamination. Each facility subject to
the requirements is required to prepare
and maintain an SPCC plan, which
includes provisions for appropriate
containment or diversionary structures
to prevent discharged oil from reaching
navigable waters. Concerning today's
rule, used oil handlers must comply with
all applicable SPCC requirements
contained in 40 CFR part 112. EPA has,
however, built the part 279 requirements
upon the existing SPCC rules to
minimize disruptions to existing
regulatory programs.
D. Comprehensive Environmental
Response, Compensation, and Liability
Act(CERCLA)
Section 104 of CERCJLA authorizes the
federal government to respond to any
release or substantial threat of a release
into the environment of any hazardous
substance and any release or threatened
release of a pollutant or contaminant
that may present an imminent and
substantial danger to public health.
Section 101(14) defines the term
"hazardous substance" and section
101(33) defines "pollutant or
contaminant," Both of these definitions
expressly exclude "petroleum, including
crude oil or any fraction thereof unless
a petroleum waste has been specifically
listed under RCRA or other
environmental statutes. The Agency has
interpreted the petroleum exclusion to
include crude oil and fractions of crude
oil, including hazardous substances that,
are indigenous in petroleum substances.
However, hazardous substances that are
added to petroleum or that increase in
concentration solely as a result of
contamination of the petroleum are not
part of the petroleum and thus are not
excluded.86 Therefore, used oil that
contains a hazardous substance due to
contamination is subject to CERCLA
reporting, response, and liability
provisions.
E. Hazardous Materials Transportation
Act(HMTA)
The U.S. Department of
Transportation (DOT) regulates the
transportation of hazardous materials 2T
in commerce (49 CFR p.arts 171 to 179).
The regulations address: (a) Interstate
transportation of hazardous materials
by motor vehicle, rail car, aircraft and
vessel and (b) intrastate transportation
of certain hazardous materials
(hazardous wastes, hazardous
substances, and flammable cryogenic
liquids in portable tanks and cargo
tanks) by motor vehicle. Used oil may
be flammable or combustible under
DOT classifications. In addition, used
oil that exhibits a characteristic of
hazardous waste and is destined for
disposal is classified as a hazardous
material due to the requirement that
hazardous used oils being disposed must
be accompanied by a hazardous waste
manifest.
Used oil generators (shippers) have to
comply with any and all applicable DOT
regulations for identification and
classification, packaging, marking,
labeling, and manifesting of used oil that
is .destined for disposal. Transporters
(carriers) will have to comply with any
and all applicable DOT regulations for
placarding, manifesting, recordkeeping,
reporting, and incident response for
such used oils. ._
F. Toxic Substances Control Act (TSCA)
TSCA authorizes EPA to control the
manufacture, import, use and disposal of
chemical substances. Section 6(e) of
TSCA mandates EPA to control the
manufacture, import, use, and disposal
of polychlorinated biphenyls (PCBs). A
primary use of PCBs, a viscous oil, was
as an insulating material for electrical
equipment (dielectric). PCBs were
almost always mixed with mineral oil,,
28 Memorandum from Francis Bloke, EPA's
General Counsel, concerning the CERCLA
petroleum exclusion, July 31,1987.
" Any material identified or classified as a
hazardous waste under RCRA is classified a
Hazardous material under DOT (49 CFR 171.3).
silicone, or other oily materials. Because
of the potential hazards posed by the
uncontrolled use and disposal of PCBs,
EPA has established a comprehensive
program to control PCBs from cradle to
grave. " ,
TSCA regulations control the use of
PCBs used for dust suppression. 40 CFR
761.20(d) prohibits the use of "waste oil"
that contains any detectable
concentration of PCBs as a sealant,
coating, or dust control agent.
Concerning today's role, used oil used
for dust suppression must meet the
requirements of both RCRA and TSCA.
A release of 1 pound of PCBs into the
environment must be reported
immediately to the National Response
Center in accordance with section 103(c)
of CERCLA. However, TSCA regulations
require that any spill of material
containing 50 ppm or greater PCBs into
sewers, drinking water, surface water,
grazing lands, or vegetable gardens must
be reported. Concerning today's rule, if
the used oil contains PCBs, the most
stringent, applicable reporting
requirement must be followed.
X. Regulatory Impact Analysis
Today's final rule combines a decision
not to list recycled used oil with a set of
tailored management standards for
recycled used oil under section 3014 of
RCRA applicable to used oil generators
and subsequent handlers. This section
of the preamble summarizes the cost
and economic impact screening analysis
of the 1992 used oil management
standards.
Executive Order 12291 (46 FR 13193)
requires that a regulatory agency
determine whether a new regulation will
be "major" and, if so, that a Regulatory
Impact Analysis (RIA) be conducted.
Three criteria are used to define a'major
rule: (1) That the rule has an annual
effect on the economy of $100 million or ,
more, (2) that the rule creates a major
increase in costs or prices, or (3) that the
rule has significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability of
US based enterprises to compete with"
foreign-based enterprises in domestic or
export markets. The Environmental .
Protection Agency believes that the 1992
Used Oil Management Standards do
not comprise a major rule, and therefore
a complete RIA is not required. The
results of this cost screening analysis
support this conclusion. A further
discussion of the. cost screening analysis
is available'in the regulatory docket for
today's rule in a report titled, "Cost and
Economic Impact .of 1992 Used Oil
Management Standards," August 4,
1992. -" ' - '
-------
..-.-' . Based on the-preliminaiy cost^ :, ,-'.-
screening analysis for the options -
..presented in the September " .:-
-Supplemental Notice, public comments
; received; and subsequent analysis in
;/,- response to comments, the- Agency'
estimates that these management
; standards will most likely impose "
, nationwide annualized compliance'costs
of less than-$10 million peryear, within -
a range of between $4-and:.$-Ll million .
Costs of this magnitude;are not expected
to result in measurable changes in ':,.
- recycled used oil fiows>:eitherfqr qn-site
;uses or wit'hin the commercial recycling
: sectors.-With possible localized
exceptions, the Agency does not expect
the standards to result in a substantial
number of business failures among used
oil recycling companies or to affect ,
employment, prices, or international
; trade in any measurable degree.
Although the .Agency has not been
able to adequately quantify the benefits
to the environment or to human health
of these management standards, due to, -:
the lack of comprehensive data on the.
frequency and extent of used oil ~ >
releases to the environment; EPA
believes that today's decisions will "
result in two principal types of benefits.
First, by requiring specific secondary *
containment measures for used oil .-
, storage and other tankageiatajl major.
used oil handling facilities, the Agency
is providing an additional safeguard '. v
- against any substantial environmental
release of used oil to the soil; to grbund
waters, or to (Surface waters at points
where releases would be niost likely to"
.' occur.' ..' ;.'"'." - " A-' V.:.-'- . .;. '
The Agency does not expect today's
decisions by themselves tpisubstantially
- expand used oil recycling. However, it is
a relatively low cost insurance policy
against the environmental ''- ;',
mismanagement of useeLoirresburces
within the commercial recycling sectors.
Implementation of section'3014 ,
management standards limits CERCLA '
liability for those automobile servicing-
. facilities that accept do-it-yourselfer
(DIY) used oil for recycling arid thus ,
encourages expansion of collection
locations. Thus, today's rule is , .
consistent with the could provide a ;
necessary complement to a wide variety
of possible, future private sector, State,
or federal government initiatives Ja
encourage increased recycling of - . ..
'household and other do-it-yourselfer
used oil not presently being adequately.
managed and which is generally not
, effectively controlled by traditional .-
regulatory approaches, . . ; ,
The remainder of this section; Of the
preamble briefly describes the major -
optidns for, management standards
considered by the Agency in reaching -.
today's decision, summarizes estimated
"compliance cost, and reviews expected
impacts. -. V-.:,".;- . . , .... -_..--;; .':/
'A. Regulatory Options Considered
EPA has considered a wide range of
management standards options over the
years, ranging from a listing of used oil
as a hazardous waste under virtually .
full subtitle G standards for generators
and handlers to various tailored options,-
under section 3014(a) of,RCRA,:A
summary of the.approximate.compliance
costs .for, several of these alternatives is
presented in Table X;l. ,;. "- '.....:: -,'!--- .
TABLE X-1,-^HISTORICAL' COMPARISON
. OF COMPLIANCE COSTS OF /OPTIONS
CONSIDERED FOR USED OSL MANAGE-
'. , WENT STANDARDS : '-.- -";,;-.:- "- -
' '- -: .tMHHonsof 1991 .dpilare per year] :'.'/. -.-.
Listing reeyded used oil as Hazardous
Waste without tailored 3014 standards
(1985 proposal option updated to
1991)'........;.:.._........._...... ;.;.....
Section 3014 management options (1985
; proposal up-dated to 1991) ?..:......,;.i..;.....
1991 supplemental notice .3....:...:..,...... .
, 1992 final ruIe;;...'.i...-._:L-.-. ;......-...-..
.$.500
$204
$2-25
"
1 Option assumed burning as used oil fuel under.
part 266, subpart E, rather, than as hazardous waste
under subparts D and H. Costs are updated to 1991
;Srom..the .1985 RlA.tp allow for.inflation and .certain
intervening regulatory chahges such" as Die under-
ground storage tank'(UST) rule; However, costs for^
this historical; proposal do not include estimates "for
corrective action for prior releases or cost implica-
tions of: the mixture and derived from rules. :Costs
are not,revised to address comrrients on the 1'985
proposed rule. ' - :..
' ECjDsts updated from the 1985 RiA'to allow-for.
inflatioh,.but not to respond to comments.
3Costs are as presented'in table. X.D.1. (56 FR
48071,.September 23, 1991). They are not revised
to address corriments. However, see subsection A.2
below for discussjon of other cost estimates.
t,.Listing Recycled Used Oil Without
Tailored Standards
Eistihg recycled used oil, without
issuing special section 3014 .".
Management Standards or otherwise
exempting recycled used oil from
subtitle C regulations, would have
subjected recycled used oil generators,
handlers, and Users to 'the'fullspectrum
of hazardous waste management
standards. ThVse'wpuld include
recordkeeping and manifesting of all
shipments, storage requirements
including seedjidary containment,
facility closure and financial assurance,
and additional burning restrictions. In
the'extreme it would also impose facility
corrective action for prior releases,
although this was not covered in the
1985 R!A or in the present update.
; Since this was not presented as an
explicit option in the September 1991
Supplemental Notice, the Agency did ป
not present compliance "cost estimates
= ;for -Full sub title ,G management of - \\;
recycled oil in the 1991 Cost and Impact
Screening Analysis. However, a similai*.
^ull subtitle C, management scenario -
: was presented as Alternative 1 in the
Regulatory Impact-Analysis, (November,
1985) accompanying the 1985 uised oil
proposed rulemaking. The Agency has .
subsequently:revised^^ and.updated the :
. 1985'estimate.for this regulatory l *.
alternative to accouiit for intervening
" .changes in certain subtitle C: ; ,* '; ;
'requirements, recycle market changes ;
ahd'general cost-inflation. Wfr-found'
rthat, even assuming retention of the ,*:'-
present part 26f3 subpart E used oil ;
burriingfequireinents (in placei'of the v,
part 266, subparts D and H hazardous " ,
waste biirhing standards for bbileirs and:
furnaces), the incremental annual e'ost'of
subtitle C management for recycled used"
pilrwould still cost about $500 million ,
per year.'or about $0.53 per gallon of oil
recycled. This does riot include , ;". '
consideration Of additional possibly "'','
substantial costs for prior release
corrective action or-for implications; of-'"'"'
the mixing arid derived-from rule.s.
, The Agency has long recognized that ;
.: .used oil management standards drawn
too stringently could be. -,, ; .,,
counterproductive: that by imposmg too
; ;high a.eqst on acceptable forms;pf; - :
recycliitig, the. regulations could actually
encourage increased dumping and other
enyironmentally;undesirable practjces..':'
by generators, coinmercial haulers, and<;.
.others. .'-. ^.' '-'",'-:- '-- ' '.';""''.
Although incremental management
costs of $0.53 per gallon for recycling 1 ,
would still be substantially less than
alternative subtitle C disposal options
for most generators, costs in this range
would also provide a strong incentive to
avoid regulation altogether by engaging
in illegal dumping and improper land
disposal and burning activity. The
Agency notes that virtually all used oil
fuel is currently sold for little more than
and in some instances less than 53;cenfs
per gallon: Imposing regulatory '
requirements which cost this amount
would virtually eliminate recycling
incentives within most of the
commercial recycling sector.
2. Tailored Standards Under Section
3014
More appropriate to today's final rule,,
the Agency has also considered a wide
range of tailored standards under
section 3014fa) of RGRA. The estimated
annual cost uTthe RIA for the 1985
proposal was $167 million ($204 million
updated to 1991). The 1985 proposal
closely-paralleled subtitle G Standards
in,many respects.
-------
9fio!ซF!ua)ป fcfiR rstufl \ seer jot ป
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No. 176 /;Thursd^y, September 10, 1992; / Rules^and^Refeulatibn^ 41609 "
;:;,; For example,.at,Jeast 7.States regylate
.used oilsas .hazarclQus wastes jn : .
, varying degrees, and .both jhe federal oil
spill prevention, ahd.contrbl and;counter
J,,:measures program (SPCC) andOSHA
regulations relate to preparedness and
prevention as .well as .cleanup 6f spilled '
oils including used oils. ..'.--".-.
In particular,; it is notable that SP.CC
regulations cover all of. the 90 percent or
more of all major used oil hahdlihg
facilities (cojlectors,,processors, fuel oil
dealers, and burners) that are located
near surface waters. Although the
presence of these other regulations has
in some:ihstances allowed, the Agency
to forgo new regulatory requirements, in
; other cases, lack of data or definitive
standards contributes to considerable
uncertainty regarding the adequacy of
existing standards or extent of "
compliance. For some additional used-
oil requirements contained in todajr's "
rule, sucb as spill cleanup for npn-SPCC
generators or closure .soil remediation at
processing facilities, EPA does not have
sufficiently comprehensive information
on the frequency or extent of necessary
, compliance aptions to estimate potential
costs more precisely.
2. Individual Facility Costs.
Costs at the individual facility level .
can vary widely, depending on baseline
compliance assumptions and differing
sector requirements: in today's '
management .standards. In general, the
lowest unit costs will be experienced by
generators, since they face the fewest
and [usually) the least costly hew
requirements. The vast majority of
generators will lace no incremental
costs other than tank or container
labeling. . ". X :.'.'.'
Compliance costs at the individual
facility level are presented in Table X.3
for commercial used oil handlers and
burners of off-Specification used oil fuel
Within the commercial management
sectors, the lowest facility-level costs .:
will be born by smaller independent'
collectors and industrial boiler and
furnace burners of off-specification fuel.
Burners that only burn specification fuel
experience no new requirements and'are
not considered within the scope'pf
affected facilities in this analysis. For
independent collectors iind affected -.'
burners, the higher cost facilities^are;
those requiring upgraded, secondary
containment, including bptjhs.econ.dary7',
release containment be.rms;and:..;: -v'L
impervious pavement:jn storage aifeas.
Independent collectors may also incur
environmental release costs, for releases \
outside of secondaiy containment areas.,
Such'facilities may pr may not currently
be in compliance withbasieline^BPCC -
an^ pSHAjregulaUo^KjFacilities in t
these sectorswith adequate preexisting
secondary containment [50 to 90 percent
ipf facilities according to EPA's costing
assumptions) will otherwise face , ;
negligible new cost requirements, ',
TABLE _ X-S.T-ANNUAL, FACiLify-LEVEL
.CpMPLiANpE_ COSTS: ; COMMERCIAL
' USED^0)L HANDLERS AND'BURNERS ;
of used oil handled'and the relatively;
high fixed costs of secondary: -..'
containment and closure requiring soil
cleanup; :,'.v ' < * -' T"- "'*"-. '
TABLE X-4.NATIONAL AVERAGE AND IN-
DIVIDUAL FACILITY-LEVEL COMPLIANCE
COST-PER-GALLON: COMMERCIAL USED
OIL HANDLERS AND'BURNERS
" Facility type
Independent collector,...
Minor processors ~........;
Major processors ...;;.....
' Re-refiners .....,...,.,.
Fuel oil dealers:
Low estimate .:
High estimate..:....^...
Total handlers:.. .
Low estimate ..
High estimate.
Burners...........'..-...
Total
num-
ber of
facili-
ties '
383
70
' 112
, 4
.". 25
'' 10Qฐ
594
ป 689
: 1,1 55
Cost range for
affected facilities
(dollars per year)
. $8-81,976
4,280-22,389
j 6,989-44,155
9,246-64,671
4;280-22,389
4,280-22,389
6-64,671 '
6-64,671-
2-335
'The number of facilities affected by individual
requirements varies by requirement, from zero cost
(unaffected) up to ai| facilities affected.
'=-*-, '",' "' -- . ,
"'.-' ' ' - - - ' ' " - - . "
pThe most substantial unit costs will be
born by facilities in the processing .
sectors (including.processors, rerefiners,
and fuel oil dealers that blend off-,
.specification fuel). All facilities in this :
sector will face additional record " "
keeping, repotting, and contmgency
planning as well as new tank closure
requirements. In additioqv the cost
estimates assume that some fraction will.
require upgraded secondary :
containment, closure soil treatment, and,.
release response costs to meet today's
standards. > ;,
;Faciiity type"
Independent
: collector....
Minor,,;/
processors.
: Major
processors.
'Rerefiners......
Fuel oil '
dealers:
tow. ;
:6Sti-
bate..:;.
'High
-:'' esti-X.
mate..;..
Total; ,
, handlers: .
Low
-.. '..'-; esfi-,
mate..:..
High ..
" . esti-
, mate...;.
Burners .:.
Total
nurrt: ,
berof.
facili-
ties
383
; 7u
, 112
:. - 4
'.-" ." 25.
100
..'594
669
'1,155
Facility cost
per gallon
(cents)
0.00-0.66
"0.43-2.24
0.14-0;88
; 0.05^0.32
0.43-2.24
'0.43-2.24
0,00-2.24
0.00-2.24
p.00-0.22
National
-average
cost per
gallon
'(cents)
0.02-0.16,
0.46-1.20
":b. 16-0.50
0,05-0.16
. 'Q.17-0.45
'0.69-1.82
0.16-0.20 .
0-48^-6.58
'0.00^-0.03
.' Includes .both .on-spec and off-spec oil, 'for 'a
total of 66 million gallons for fuel oil dealers and
55.1 million gallons for burners, if considered sepa-
rately, off-spec oil willbe a 'fraction of this toial
which would make the cost-per-gallon higher. "; '
In cohirast,. larger processors and ,
3. Cost Per Gallon of Used Oil
The total annual costs of these section
3014 management standards ($4.1 to '
$11.0 million per year), averaged across
the nation's total annual recycling rate
of about 900 million gallons per year,
approximates 0.5 to 1,2 cents per gallon
,of recycled ojl. Focusing only on-the 775
million gallons .per year flowing through
the commercial recycling system, the
total nationwide compliance cost of $1.3
to $4.8 million for the recycling sectors:
would trarislate Into an average'cost to!:
Commercial recyelers of. about 0.2 to 0.6
cents per gallon by EPA's estimates: -;.:/
- yTableX.4 summarizes the Agefaey's '
cost per gallon estimates: in niore detail
for.a.ffected facilities in the commercial;
handling:and burning sectors. The
highest:cost per gallon figures:are at the '
small processor and fuel oil dealer- ,*
blender facilities, wjtli costs at me most
affected pf these facilities possibly... V:
ranging as high as 2.2 cents per gallon.
These high relative costs are explained'
primarily by, the.relatively low volume .
..-' wiwoc wviiii oiiiniai iiiijic
stringent requirements, would
experience substantially lower per
gallon compliance costs, due to the -
ecoripmies of scale-inherent in their
larger_oil volumes and the nature of the
major compliance activities. Among the
larger facilities in the processing and X"
retefiner groups, even the worst case
situations would still'face per gallon
costs pf less than one cent per gallon pf
[oil. Most facilities would.see costs.less .
than a half-cent per .gallon, and a
substaritial\fraction 'would be under a
quarter-cent/ " : :
', ..-'".- ; ;.-*ป> ~..;- .. .-,, -";'''-. .. "''
*C,.Fin(ilRule Impacts r -.'. ;. !
1. Effects on Used Oil Flows '' !"
Costs fpr generators are primarily . ;
fixed costs pr spill clean-up costs whick
may correlate only weakly with the
volume:of used oil handled. Therefore, -.
EPA does :riot expectgenerator '';..,,,-'-
compliance costs IP influence . :: . ,'
acceptance of hpusehpld Dp-It-Y6urself
(DIY) used oil pr to adversely change the
relative .costs of recycling compared v
-------
41610 Federal Register / Vol. 57. No. 176 / Thursday, September 10, 1992 /Rules and Regulations
with dumphiR or disposal. Thus, used oil
flows to recycling should not be
negatively affected by these rules, and
recycling flows could be positively
affected due to reduced spills and spill
losses and the CERCLA exemptions for
service stations.
Costs for the commercial recycling
sectors (including collectors, processors,
rerefiners, and fuel oil dealers) total $1.3
to 4.8 million per year. If substantial
enough, these costs should have affected
recycle flows, either by causing a loss of
collector/processor facilities or by being
shifted back onto generators and
providing a disincentive to recycle.
However, set against 775 million gallon
per year entering the commercial recycle
flows, these total compliance costs
average only 0.2 to 0.6 cents per gallon.
These costs are not large enough to
substantially affect generator decisions
concerning recycling, even if all these
costs were passed back to the generator
In pickup charges. In the worst case, a
few small processors could face unit,
costs as high as 2.2 cents per gallon if
they have to install secondary
containment and also face soil removal
treatment closure costs. This does not
suggest major repercussions for recycle
flows, but could involve some small
processing facility dislocations.
Burners face new compliance costs for
storage of used oil derived fuel under
today's rulemaking only if they burn off-
spccification fuel and are not already in
compliance due to prior SPCC or OSHA
requirements. Numbers of such burners
are not known with any accuracy,
although about 1200 in total have
notified EPA as off-specification burners
since 1985. Affected burners have three
options:
(1) Incur tho costs and either absorb them
or pass them back to fuel marketers in
negotiated lower prices. The total maximum
cost here for the maximally affected burner is
0.2 cents per gallon. It is questionable
whether this is a decision-changing level.
(2) Substitute fueleither virgin fuel oil,
currently ซt a higher cost of up to 15 percent,
or specification used oil fuel from another
used oil fuel dealer.
(3) Negotiate with the present used oil fuel
supplier to pro-blend (with other .used oil or
virgin fuel) to meet the specification.
Basically the same analysis and
options apply to fuel oil dealers that
blend off-specification fuel as for
burners. EPA's* current estimate is that
less than 25 percent of marketed used
oil-derived fuel is routed through
dealers. The fractions of total used oil
fuel that is currently off-specification
fuel is thought to be low, based on
recent communications with used oil
processing industry representatives and
EPA's own. sampling of unprocessed
used oil. Based on the low compliance
cost per gallon, flows in this sector will
not be significantly affected one way or
another.
2. Effects on Used Oil Management
Structure
In general, the structure of the
recycling industry could be somewhat
influenced by today's rule. If anything,
there will be a tendency for some small
processors that do not now have
adequate secondary containment to
become less competitive (2.2 cents
gallon maximum competitive
disadvantage). These would generally
be the same facilities with prior releases
to the environment that would have to
be cleaned up at closure (with soil
treatment) and they may opt to close.
Already-marginal operations with poor
credit might not survive this
requirement.
There may also be some tendency for
rerefiners to be advantaged with respect
to other processors because of lower
cost/gallon compliance costs. The main
factors influencing this judgment are:
1. Rerefiners are newer and are arguably
(according to their comments) already in
compliance with all or most of today's
requirements.
2. Rerefiners are large and have economies
of scale relative to smaller processors in
terms of compliance cost per gallon.
3. Rerefiners are less affected by fuel
market (burner) effects, because they
typically produce only a small fraction of
output as fuel and the rerefihed fuel product
is typically unregulated specification fuel.
In summary, the Agency expects no
effects on generators. Generators
ultimately pay the total costs (either ,
directly or indirectly, via shifting) but
these total costs spread over hundreds
of thousands of generators will not
measurably affect generator day-to-day
decisions.
3. Effects on Human Health and the
Environment
Since the Agency believes that recycle
flows will not be obstructed or seriously
altered by this rule, the Agency expects
no negative effects on human health or
the environment, due to compliance
costs. Db-It-Yourself oil recycling will
not be decreased and may in fact be
increased by the CERCLA exemption for
service stations.
The four major effects of today's rule
making would generally be positive, but
of unknown magnitude. These include:
1. Increased spill cleanup and reduced
environmental releases for generators.
2. Better secondary containment and future
spill cleanup for larger handlers.
3. Closure requirements that provide for
cleanup of prior tankage area releases at
processor/handler facilities. .
4. More comprehensive tracking at the
collector level, due to expansion of
notification and recordkeeping for all
collectors and not just those who currently
market directly to burners.
4. Relationship to Future Agency
Actions Regarding Financial Incentives
or Other Actions
Today's management standards are
designed to protect human health and
environmentalrisk from ground
pathway damages with minimum effect
on existing used oil recycling flows and
markets. As such they provide minimum
interference with used oil markets and
' thus are inherently neutral with respect
to future incentive programs. Since the
Agency believes they do not measurably ,
redirect flows, today's rules do not
preempt or compete with objectives .or
, goals of incentives currently under study
to improve recycling. Basically today's
rules provide uniform standards to be
met by used oil handlers in terms of
storage and tracking. They do not
compete with, preclude, or bias future
Agency or other initiatives to expand
recycling nor are the costs of today's
rules large enough to affect the
efficiency of such future programs.
The Agency believes that today's
management standards are compatible
with any future program designed to
increase (or redirect) recycling since
they do not in themselves introduce any
arbitrary or unnecessary imbalances
between or among recycling
technologies or end-used used-oil-
derived product markets. ,
XI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
of 1980 (Pub. L, 96-345), requires Federal
agencies to consider "small entities"
throughout the regulatory process.:
Section 603 of the RFA requires, an
initial screening analysis to be .
performed to determine'whether a
substantial number of small entities will
be significantly affected by the
regulation. If so, regulatory alternatives
which eliminate or mitigate the impacts
must be considered.
Based on employment or sales, the
vast majority of all used oil generators,
collectors and processors are small
businesses; blenders of virgin and used
oil fuel, re-refiners, and burners are less
likely to be small businesses. Overall,
the economic analysis'indicates that :
impacts are not significant for over 99
percent of the generators and for all of
the other facility types affected, With the
possible exception of some minor
processors and some fuel oil dealers
. that currently blend used oil fuel with
virgin Oil fuel. Only a small fraction of
-------
/' fhursr. September
the farm section (about 2.5 percent),
including only large commercial farms,
will be subject to today's rule, as a result
of the small farm generator exemption.
A very small fraction (less than 0.2
percent) of small business used oil,
generators may face incremental costs
of approximately $1,300 per year to
'.' , cleanup a 250 gallon spill. This annual
cost would only be incremental if the
/facility would not have cleaned up this,
'. spill without these new.requiremerits to
address release to the environment. We
, believe this is not an unreasonable cost
; burden for a very small fraction of small
businesses, especially given the
potential environmental damage of a
spill of this size. Approximately 90
percent of generators would incur cost
of less than $1 per year for labels for
;, tanks and drums.
. :'-.- For the remaining sectors, only some
... minor processors and some fuel
blenders/fuel oil dealers would incur
1 :; significant costs. Approximately 30
percent of minor processors in the high-
cost scenario would face incremental
-compliance costs of 2.2 cents per gallon.
; This cost increase may be sufficient to
put the facility at a competitive"
.. /disadvantage with other used oil
processors. These minor processors ,
might not be able to'pass these costs
batik to customers since other firms that
had already invested in these measures
; woiild incur lower costs. If the facility
' were'already a marginal operation with
> v pporcredit, it might be forced to close, '
Similarly, some small business fuel oil
' ,^dealers that blend used oil fuel with
',. virgin oil fuel might incur cost as high as
2.2 cents per gallon of used oil. Since the
// used.oil is blended with virgin fuel, the
: '_ J post impact per gallon of final product
.'"; would be substantially less (only 0.2
"- cents per gallon of finished product'
; ^assuming a typical blending rate of 10
., r. percent used oil). Furthermore, these
f -blenders may have other, low cost
; pption for avoiding compliance costs
such as refusing to accept off-
' .specification oil from used oil suppliers,
, "or s'irpply discontinuing blending used
, , _.-pil at all.
' In general, although a large population
: "of small businesses will be subject to
: Various provisions of tKis^rule; only an >
_.. extremely small fraction of these
businesses will incur substantial costs.
;-, Therefore the Agency certifies that the
. -. final rule will not have significant
"economic impacts on substantial
-, numbers of small businesses or entities.
IXII. Paperwork Reduction Act
,. :''-I The information collection
requirements in this final xule have been
.submitted for approval to the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act, 44 U.S.Q
3501 etseg. When approved, or if not
.approved by the effective date of this
rule, EPA will publish a technical
amendment to that effect in the Federal
. Register. An information Collection ,'
Request document has been prepared by
EPA [ICR No. 1296.03] and a copy may
be obtained from Sandy"Fanner,.- / .
Information Policy Branch, EPA, 401M
Street, SW, . ' , ,, -
, Public reporting burden for this ;:
collection of information varies by
sector. The public reporting-burden for
used oil transporters averages from 18 to
27 minutes annually per respondent. For
used oil processing and re-refining
facilities, the reporting burden averages
from 48 minutes to 25 hours annually per
respondent/and for burners of off- "
specification fuel, the reporting burden
averages as 9 minutes annually per
respondent. The type of information
required includes, time "for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding the burden
estimate or any other aspect ol this
collection of information, including
suggestions for reducing this burden, to
Chief, Information Policy Branch, PM-
223, U.S. Environmental Protection
Agency, 401M Street, SW., Washington,
DC, 20460; and to the Office of
Management and Budget, Washington,
DC, 20503, marked "Attention: Desk
Officer for EPA." *
List of Subjects
40CFR Part 260
Administrative practice and
procedure, Confidential business
information, Hazardous- waste."
40 CFR Part 261
Hazardous waste. Recycling,
Reporting and recordkeeping
requirements.
40 CFR Part 266^
Energy, Hazardous waste, Petroleum,
Recycling, Reporting and recordkeeping
requirements. ' ~ '
40 CFR Part 271
Administrative practice and
procedure. Confidential business
information, Hazardous materials
transportation, Hazardous waste,
Indians-lands, Intergovernmental'
relations, Penalties, Reporting and
recordkeeping requirements. Water
pollution control, Water supply.
'40 CFR Part 279 , ,
Petroleum, Recycling, Reporting and
recordkeeping requirements, Used oil.-
. Dated: August 11,1992.' -.*. ' ...
William K. Reilly,V - , :;
: Administrator. * '' . \ .
For the reasons set out in the
preamble, 40 CFR chapter I is amended
as follows: V
PART 260HAZARDOUS WASTE
MANAGEMENT SYSTEM: GENERAL
l.The authority citation for part 260 .
continues to .read as follows: . v
Authority: 42 U.S.C. 6905, 6912(a), 6921-
6927, 6930, 6934, 6935, 6937, 6930,. 6939, and:
6974.
2. Section 260.10 is amended by
adding a definition for "Used Oil", in
alphabetical order to read as follows:
ง260.tO Definitions.
* *-*-._-.*. -; *
Used oil means any oil that has been
refined from crude oil, or any synthetic
oil, that has been used and as a result of
such use in contaminated by physical or
chemical impurities.
PART 261IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
3. The authority citation for part 261
continues to read as follows:
Authority: 42 UAC. 6905, 6912(a), 6921,
6922, and 6938.
4. Section 261:3(a)(2) is amended by
adding paragraph (v) to read as follows:
ง 261.3 Definition of Hazardous Waste.
(a) ; * * '
- (2) * * *
(v) RebuttabJe presumption for used
"o/7.'Used oil containing more than 1000
ppm total halogens is presumed to be'a "
hazardous waste because it has been
mixed with halogenated hazardous
waste listed in subpart D of part 261 of
this chapter. Persons may rebut this
presumption by demonstrating that the
used oil doesrnot contain hazardous
waste (for example, by using an
analytical method from SW-846, Third
Edition, to show-that, the used oil does
not contain significant concentrations bf
halogenated hazardous constituents
listed in appendix VIII of part 261 of this
chapter). EPA Publication SW-846,
Third Edition, is available for the cost of
$110.00 from the Government Printing - '
Office, Superintendent of Documents, -
PO Box 371954, Pittsburgh, PA 15250-
7954. 202-783-3238 (document number
955-001-00000-1].
(A) The rebuttable presumption does
not apply to metalworking oils/fluids
containing chlorinated paraffins, if they
are processed,-through a tolling
agreement, to reclaim metftlworking
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41612 Federal Register / Vol. 57, No. 176 / Thursday. September 10, 1992 / Rules ami Regulations
oils/fluids. The presumption does apply
to metalworking oils/Quids If such oils/
fluids are recycled in any other manner,
or disposed.
(B) 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.
ง261.5 [Amended]
5. Section 281.50) is amended by
revising "aubpart E of part 286" to read
"8ubpartGofpart279"-.
ง261.6 [Amended]
0. Section 261.6 is amended by
removing paragraph (a)(2)(iii). and
redesignattng paragraphs (a)(2) (iv) and
(v) as paragraphs (a)(2) (Hi) and (iv).
7. Section 261.6 is amended by
removing paragraph (a)(3) (iii). and
redesignating paragraphs (a)(3) (iv)
through (a)(3)(viii) as paragraphs
(a)(3)(iii) through (a)(3)fvii).
8. Section 261.6 is amended by adding
paragraph (a) (4) to read as follows:
ง 261.6 Requirements for recyclable
material*.
(a) * * *
(4) Used oil that is recycled and is
nlso a hazardous waste solely because it
exhibits a hazardous characteristic is
not subject to the requirements of parts
260 through 268 of this chapter, but is
regulated under part 279 of this chapter.
Used oil that is recycled includes any
used oil which is reused, following its
original use, for any purpose (including
the purpose for which the oil was
originally used). Such term includes, but
is not limited to, oil which is re-refined,
reclaimed, burned for energy recovery,
or reprocessed.
PART 266STANDARDS FOR THE
MANAGEMENT OF SPECIFIC
HAZARDOUS WASTES AND SPECIFIC
TYPES OF HAZARDOUS WASTE
MANAGEMENT FACILITIES
9. The authority citation for part 268
continues to read as follows:
Authority: Sees. 1006,2002(a). 3004. and
3014 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976. as amended (42 U.S.C.
6905.6M2(a). 0924, and 0934).
Subpart E[Removed]
10. Subpart E of part 266 is removed
and reserved.
11. Section 266.100 is amended by
revising paragraph (b)(l) to read as
follows:
ง266.100 Applicability.
***** '
(b) * * *
(1) Used oil burned for energy
recovery that is also a hazardous waste
solely because it exhibits a
characteristic of hazardous waste
identified in subpart C of part 261 of this
chapter. Such used oil is subject to
regulation under part 279 of this chapter;
PART 271REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
12. The authority citation for part 271
continues to read as follows:
Authority. 42 U.S.C. 6905. 691Z(e). and 6926.
Subpart ARequirements for Final
Authorization
13. Section 271.1(a) is amended by
revising paragraph (a) to read as
follows: . .
ง271.1 Purpose end Scope.
(a) This subpart specifies the
procedures EPA will follow in
approving, revising, end withdrawing
approval of State programs and the
requirements State programs must meet
to be approved by the Administrator
under sections 3006(b), (f) and (h) of
RCRA.
*****
14. Subpart A of part 271 is amended
by adding ง 271.26 to read as follows:
ง271.26 Requirements for used oil
management
The State shall have standards for
used oil management which are
equivalent to 40 CFR part 279. These
standards shall include:
(a) Standards for used oil generators
which are equivalent to those under
subpart C of part 279 of this chapter;
(b) Standards for used oil collection
centers and aggregation points which
are equivalent to those under subpart D
of part 279 of this chapter;
(c) Standards for used oil transporters
and transfer facilities which are
equivalent to those under subpart E of
, part 27.9 of this chapter;
(d) Standards for used oil processors
and re-refiners which are equivalent to
those under subpart F of part 279 of this
chapter;
(e) Standards for used oil burners who
burn off-specification used oil for energy
recovery which are equivalent to those
under subpart G of part 279 of this
chapter;
(f) Standards for used oil fuel
marketers which are equivalent to those
under subpart H of part 279 of this
chapter, and
(g) Standards for use as a dust
suppressant arid disposal of used oil
which are equivalent to those under
subpart I of part 279 of this chapter. A
State may petition (e.g.. as part of its
authorization petition submitted to EPA
under ง 271^5 EPA to allow the use of
used oil (that is not mixed with
hazardous waste and does hot exhibit a
characteristic other than igm'tability) as
a dust suppressant. The State must
show that it has a program in place to
prevent the use of used oil/hazardous
waste mixtures or used oil exhibiting a
characteristic other than ignitability as a
dust suppressant. In addition, such
programs must minimize the impacts of
use as a dust suppressant on the
environment.
15. Title 40 of the Code of Federal
Regulations is amended by adding part
279 to read as follows: : .
PART 279STANDARDS FOR THE
MANAGEMENT OF USED OIL
Subpart ADefinition*
Sec. , .
279.1 Definitions.
Subpart BApplicability
279.10 Applicability.
279.11
279.12
Used oil specifications.
Prohibitions.
Subpart CStandards for Used OH
Generators
279.20 Applicability. ;
279.21 Hazardous waste mixing.
279.22 Used oil storage.
279.23 On-Bite burning in space heaters.
279.24 Off-site shipments.
Subpart DStandards for Used OH
Collection Centers and Aggregation Points
279.30 Do-it-yoUrselfer used oil collection
centers.
279.31 Used oil collection centers.
279.32 Used oil aggregate points owned by
the generator.
Subpart EStandards for Used Oil
Transporter and Transfer Facilities
279.40 Applicability.
279.41 Restrictions on transporters who are
not also processors or re-refiners.
279.42 Notification. '
279.43 Used oil transportation.
279.44 Rebuttable presumption for used oil.
279.45 Used oil storage at transfer facilities.
279.46 Tracking,
279.47- Management of residues.
Subpart FStandards for Used Oil
Processors and Re-Refiners
279.50 Applicability. " ' - ,
279.51 Notification. '
279.52 , General facility standards.
279.53 Rebuttable presumption for used oil.
-------
279.54 Used oil management,
-279.55 Analysis plan.
. 279.56 Tracking, - ,
279.57 Operating record and reporting. '
279.58 Off-site shipments of used oil.
279.59, Management of residues
Subpart GStandards for Used Oil Burners
Who Burn Off-Specification Used Oil for
Energy Recovery . . '
279.60 Applicability,'
279.61 . Restriction on -burning. ''-'' '-'
279.62 Notification. "
279.63 Rebuttable presumption for used oil.
279.64 Used oil storage. -'
. 279.85 Tracking. , ,
279.68 Notices. ~. -'-'.''
279.67 Management of residues. '-'.--..
Subpart HStandards for Used Oil Fiiel
Marketers , ,
; 279.70 Applicability; ~
279.71 Prohibitions. . ..--'. _'.'
279.72 Qn-specification used oil fuel.
279.73 Notification.
279:74 Tracking.
279.75 Notices, - . : . .
~ '-? ' "'.-.- -'...'
Subpart iStandards for Use as .a Dust
Suppressant and Disposal of Used Oil,
-279.80 Applicability. ' :
279.81 Disposal . ."-..'"
279.82 Use as a dust suppressant.
: - Authority: .Sections 1006, 2002(a), 3001
through 3007, 3010, 3014, and 7004 of the^olid
Waste Disposal Act; as amended (42 U.S.C.
6905, 6912(a), 6921 through 6927,6930,6934.
and 6974); and Sections 101(37) arid 114{c) of
CERCLA (42 U.S.C. 9601(37) and 9614(c)}.
Sy^part ADefinitions
งS79.1 Definitions.
Terms that are defined far ง ง 260.10,
261.1, and 280,12 of this chapter have the
same meanings when used in this part
, Abpyegwund tank means a tank used
to store or process used oil that is not an
underground storage tank as defined in
ง 280.12 of this chapter.
Container means any portable device
in which a material is stored,
transported, treated, disposed of, or
. otherwise handled.
Do-it-yourselfer used oil collection
center means any site or facility that ,
accepts/aggregates and stores used oil
collected only from household do-it-
yourselfers.
Existing tank means a tank that is
used for the storage or processing of
used oil and that is in operation, or for
which installation has commenced on or
prjor to the effective date of the
authorized used oil program for the
State in" which the tank is located.
Installation will be considered to have
commenced if the owner or operator has
obtained all federal, state, and local
approvals or permits necessary to begin
installation of the tank and if either (1) .
A continuous on-site installation
program has begun, or
(2) The owner or operator has entered
into contractual obligatioas-which
cannot be canceled or modified without
substantial lossfor ins tallation;of the
tank; to be completed within a
: reasonable time. - . - :
Household "do-it-yourselfer" used oil
means oil that is derived from
households, such as used oil generated
by individuals who generate used oil
through the maintenance of their
personal vehicles.
Household "do-it-yourselfer" used oil
generator means an individual who
generates household "do-it-yourselfer"
used oil.
-. New tank means a tank that wilf be
used to store or process used oil and for
which installation has commenced after
the effective date of the authorized used
oil program for the State in which the
tank is located. .-;..-.
Processing means, chemical or ;..
physicaLoperations designed to produce
from used oil, or to make used oil more
amenable for production of, fuel oils,
lubricants, or -other used oil-derived
product. 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. ,
Re-refining distillation bottoms means
the heavy fraction produced by vacuum
distillation of filtered and dehydrated
used oil. The composition of still
bottoms varies with column operation
and feedstock. '.-".' '
Tank means any stationary ^device,
designed to contain an accumulation of
used oil which is constructed primarily^
of non-earthen materials, (e.g., wood,
concrete, steel, plastic) which provides
structural support.
Used oil means .any oil that has been
refined from crude oil, or any synthetic .
oil, that has been used and as a result of
such use if contaminated by physical or
chemical impurities. -:
_ Used oil aggregation point means any
site or facility that accepts, aggregates,
and/or stores used oil collected only
from other used oil generation sites
owned or operated by the owner or
operator of the aggregation point; from
which used oil is transported to the
aggregation point in shipments of no
more than 55 gallons. Used oil
aggregation points may also accept used
611 from household do-it-yourselfers,
Used oil burner means a facility
where used oil not meeting the
specification requirements.xn ง 279.11 is
burned for energy recovery in devices
identified in ง 279.61(a).
Used oil collection center means any
site~or facility that is registered/
licensed/permitted/recognized by a
state/county/municipal government to
manage used oil and accepts/aggregates
and stores used oil collected from used
oil generators regulated under subpart G
of this part who bring used oil to the
, collection center in shipments of no
more than 55 gallons under the ^ ' '
provisions of ง 279.24. Used oil : ', -
collection centers may also accept used
oil from household do-it-yourselfers.
Used'oilfuel'marketermeans any
person who conducts either of the
followingactivities; / . -
(1) Directs a shipment of off-
specification used oilfrom their facility,
to a used oil burner; or
(2) First claims that used oil that is to
be burned for energy recovery meets the
used oil fuel specifications set forth in
: ง279.11 of this part.
Used oilgenerator'means any person,
by site, whose act or process produces
used oil or whose act first causes used
oil to become subject to regulation.
Used oil processor/re-refiner means a
facility that processes used oil.
.'.. Used oil transfer facility means any -
transportation related facility 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 under subpart F of this part.
Used oil transporter meansiany
person who transports used oil, any
person who collects used oil from more
than one generator and transports the
collected oil, and owners and operators
of used oil transfer facilities. Used oil
transporters may consolidate or :
: aggregate loads of used oil for purposes -
, of transportation but, -with the following
exception, may not process used oil.
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 or used oil ,
fuel. ;-'."' . .-- " .-' '" .
Subpart BApplicability
ง279.10 Applicability. '
This section identifies those materials
Which are subject to regulation as used
oil under this part. This section also
identifies some materials that are not
subject tp regulation as used oil under
this part, and indicates whether these
materials may be subject-to regulation
as hazardous waste under parts 260
through 266, 268,270, and 124 of this
chapter. . ;
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41614 Federal Register / Vol. 57, No.. 176 / Thursday, September 10. 1992 /Rules and Regulations
(a) Used oil, EPA presumes that used
oil is to be recycled unless a used oil
handler disposes of used oil, or sends
used oil for disposal. Except as provided
In ง 279.11, the regulations of this part
apply to used oil, and to materials,
identified in this section as being subject
to regulation as used oil, whether or not
the used oil or material exhibits any
characteristics of hazardous waste
identified in subpart C of part 261 of this
chapter.
(b) Mixtures of used oil and
hazardous waste(I) Listed hazardous
waste, (I) Mixtures of used oil and
hazardous waste that is listed in subpart
D of part 281 of this chapter are subject
to regulation as hazardous waste under
parts 260 through 266,268,270, and 124
of this chapter, rather than as used oil
under this part.
(I!) 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 subpart D of part 261 of
this chapter. Persons may rebut this
presumption by demonstrating that the
used oil does not contain hazardous
waste (for example, by using an
analytical method from SW-846, Edition
HI, to show that the used oil does not
contain significant concentrations of
halogenated hazardous constituents
listed in appendix VIII of part 261 of this
chapter). EPA Publication SW-846,
Third Edition, is available for the cost of
$110.00 from the Government Printing
Office, Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250-
7954, (202) 783-3238 (document number
955-001-00000-1).
(A) The rebuttable presumption does
not apply to raetalworking oils/fluids
containing chlorinated paraffins, if they
are processed, through a tolling
arrangement as described in ง 279.24(c),
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.
(B) The rebuttable presumption does
not apply to used oils contaminated
with cnlorofluorocarbons (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.
(2) Character/stic hazardous waste.
Mixtures of used oil and hazardous
waste that exhibits a hazardous waste
characteristic identified in subpart C of
part 281 of this chapter are subject to:
(i) Except as provided in paragraph
(b)(2)(iii) of this section, regulation as
hazardous waste under parts 260
through 266, 268, 270, and 124 of this
chapter rather than as used oil under
this part, if the resultant mixture
exhibits any characteristics of
hazardous waste identified in subpart C
of part 261 of this chapter; or
(ii) Regulation as used oil under this.
part, if the resultant mixture does not
exhibit any characteristics of hazardous
waste identified under subpart C of part
261 of this chapter.
(iii) Regulation as used oiLunder this .
part, if the mixture is of used oil and a
waste which is hazardous solely
because if exhibits the characteristic of
ignitability and is not listed in subpart D
of part 261 of this chapter (e.g., mineral
spirits), provided that the mixture does
not exhibit the characteristic of
ignitability under ง 261.21 of this
chapter.
(3) Conditionally exempt small
quantity -generator hazardous waste.
Mixtures of used oil and conditionally
exempt small quantity generator
hazardous waste regulated under ง 261.5
of this chapter are subject to regulation
as used oil under this part.
(c) Mixtures of used oil with non-
' hazardous solid wastes. Mixtures of
used oil and non-hazardous solid waste
are subject to regulation as used oil
under this part.
(d) Mixtures of used oil with products.
(1) Except as provided in paragraph
(d)(2) of this section, mixtures of used oil
and fuels or other products are subject
to regulation as used oil under this part.
(2) 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 part once
the used oil and diesel fuel have been
mixed. Prior to mixing, the used oil .is
subject to the requirements of subpart C
of this part. ' - ,
(e) Materials derived from used oil.
(1) Materials that are reclaimed from
used ott that are used beneficially and
are not burned for energy recovery or
used in a manner constituting disposal
(eig., re-refined lubricants) are:
(i) Not used oil and thus are not
subject to this part, and " , -
(ii) Not solid wastes and are thus not'
subject to the hazardous waste
regulations of parts 260 through 266, 268,
270, and,124 of this chapter as provided
in ง261.3(c)(2)(i) of this chapter.
(2) 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 part.
(3) Except as provided in paragraph
(e)(4) of this section, materials 'derived
from used oil that are disposed of or .
used in a manner constituting disposal
are:
(i) Not used oil and thus are not .
subject to this Part, and .
(ii) Are solid wastes and thus are
subject to the hazardous waste
regulations of parts 260 through 266, 268,
270, and 124 of this chapter if the
materials are identified as hazardous
waste. ,
(4) Re-refining distillation bottoms
that are used as feedstock to
manufacture asphalt products are:
(i) Not subject to this part at this time
and
(ii) Not subject to the hazardous
waste regulations of parts 260 through
266, 268, 270, and 124 of this chapter at
this time.
(f) Wastewater. Wastewater; the
discharge of which is subject to
regulation under either section 402 or
section 307(b) of the Clean Water Act .
(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 part.
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,
(g) Used oil introduced into crude oil
or natural gas pipelines. Used oil that is
placed directly into a crude oil or
.natural gas pipeline is subject to the
management standards of this part only:
prior to the point of introduction to the
pipeline. Once the used oil is introduced
to the pipeline, the material is exempt '
from the requirements of this part.
(h) Used oil on vessels. Used oil
produced on vessels from normal
shipboard operations; is not subject to
this part until it is transported asjiore,
(i) PCB contaminated used oil. PCB-
containing used oil regulated under part
761 of this chapter is exempt from ,
regulation under this part
ง279.11 Used oil specifications.
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 part
unless it is shown not to exceed any of
the allowable levels of the constituents"
and properties in the specification . ,
shown in Table 1. Once used oil that is
, to be burned for energy recovery has .:
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been shown not to exceed any
specification and the person makihgiha}
showing complies with งง 279.72, 279.73,
and 279.74[b), the used, oil is no longer'
subject to. this part ;'.
TABLE 1USED OIL NOT EXCEEDING'. ANY
SPECIFICATION LEVEL Is NOT SUBJECT
to THIS PART WHEN BURNED.FOR EN-
ERGY RECOVERY J .
Constituent/property
Arsenic- ซซ, ,
Cadmium -.1.; -. ..... ....
Chrdmfum.,...'. ..._ ....
Lead....... _. .
Flash point ...,;.
Total halogens...'...,,,..
Allowable, level
5 ppm .maximum
2 ppm maximum
'10 ppm maximum.
100 ฐF minimum.
4,000 ppm maximum.2
1 The specification does not apply to mixtures of
used oil and hazardous waste that continue to be
regulated as hazardous waste (see ง 279.10tb)).
* Used oil containing more than 1,000 ppm total
halogens'is presumed to be a hazardous'waste
under the rebuttable presumption provided under
ง 279.10(b)(1). Such used.oil is subject to subpart'H
of part 266 of this chapter rather than this part when
burned for energy recovery" unless the presumption
of mixing can be successfully rebutted.. - .
ง279.12 Prohibitions.;
(a.) Surface impoundment prohibition.
Used oil shall not be managed in surface
.'- impoundments or waste piles unless the
units are subject to regulation under
parts 264 or 265 of this chapter.
(b) Use as a dust suppressant. The use
of used oil as a dust suppressant is
prohibited, except when such activity
takes place in one of the states listed in
ง279T82{c).
(c) Burning in particular units. Off-
specification used oil fuel may be ;
burned for energy recovery in only the
-following devices:
(1) Industrial furnaces identified in
ง 260.10 of this chapter;
(2) Boilers, as defined in ง 260,10 of
this chapter, that are identified as
follows: :-i.
(ij 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; .."'-' "
pi) Utility boilers used to produce
electricpower, steam, heated or cooled
air, or other gases or fluids for sale; or
(in) Used oil-feed space heaters
provided that the burner meets the
provisions of | 279.23.
Subftart CStandards for Used ฉil
Generators .'-'"'-
ง279.20 Applicability.
(a) General. Except as provided in
paragraphs (a)Cl) through (a){4) of this
section, this subpart 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.
(1) Household "do-it-yourselfer" used
oil generators. Household "do-it- -
yourselfer" used oil generators are not
subject to regulation under this part. "
(2) Vessels. Vessels at sea or at port
are not subject to this subpart For
purposes of this subpart, 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'persori(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 subpart once the
used oil is transported ashore. The co-
genenerators may decide among them
.which party will fulfill the .requirements
of this subpart. '.'.-.-.''--
(3)Diesel fuel. Mixtures of usedoil
and diesel fuel mixed by the generator
of the used oil for use in the generator's
own vehicles are not subject to this part
once the used oil and diesel fuel have
been mixed. Prior to mixing, the used ou\
fuel is subject to the requirements of this
subpart.
(4) Farmers. Farmers who generate an
average of 25 gallons per month or less
of used oil from vehicles or machinery
used on the farm in a calendar year are
not subject to the requirements of this
part .-' - . ' " '. '- : ,
(by Other applicable provisions. Used
Oil generators who conduct the following
activities are subject to the requirements
of other applicable provisions of'this
part as indicated in paragraphs (b}(lj
through (5) of this section: , :
(1) Generators who transport used oil,
except under the self-transport
provisions
labeled or marked clearly with the
words "Used Oil." :
(2) Fill pipes used to .transfer used.oil
into underground storage tanks,at
generator facilities must be labeled or
marked clearly with the words "Used
Oil."
(d) Response to releases. Upon '.
detection of a release of used oil: to the
environment not subject to the
requirements of part 280, subpart F of
this chapter which has occurred after :
the effective date of the authorized used
oil program for the State in.which the
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41616 Federal Register / Vol. 57, No. 176 / Thursday, September 10. 1992''/ Rules and Regulatiory3
release is located, a generator must
perform the following cleanup steps:
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly the
released used oil and other materials;
and
(4) If necessary to prevent future
releases, repair or replace any leaking
, used oil storage containers or tanks
prior to returning them to service.
| 279.23 On-aite burning In space heaters.
(a) 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-
yourself 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 ambient air.
(b) (Reserved)
ง279.34 Off-stte shipments.
Except as provided in paragraphs (a)
through (c) of this section, generators
must ensure that their used oil is
transported only by transporters who
have obtained EPA identification
numbers.
(a) Self-transportation of small
amounts to approved collection centers.
Generators may transport, without an
EPA identification number, used oil that
la generated at the generator's site and
used oil collected from household do-it-
yourselfers to a used oil collection
center provided that:
(1) The generator transports the used
oil in a vehicle owned by the generator
or owned by an employee of the
generator;
(2) The generator transports no more
than 55 gallons of used oil at any time;
and
(3) The generator transports the used
oil to a used oil collection center that is
registered, licensed, permitted, or
recognized by a state/county/municipal
government to manage used oil.
(b) 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:
(1) The generator transports the used
oil in a vehicle owned by the generator
or owned by an employee of the
generator;
(2) The generator transports no more
than 55 gallons of used oil at any time;
and
(3) The generator transports the used
oil to an aggregation point that is owned
and/or operated by the same generator.
(c) 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:
(1) The type of used oiland the
frequency of shipments;
(2) 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
(3) That reclaimed oil will be returned
to the generator.
Subpart DStandards for Used Oil
Collection Centers and Aggregation
Points
ง279.30 Do-it-yourseifer used ail .
collection centers. .
(a) Applicability. This section applies
to owners or operators of all do-it-
yourselfer (DIY) used oil collection
centers. A DIY used oil collection center
is any site or facility .that accepts/
aggregates and stores used oil collected,
only from household do-it-yourselfers.
(b) DIY used oil collection center
requirements. Owners or operators of all.
DIY used oil collection centers must ,
comply with the generator standards in
subpart C of this part.
ง 279.31 Used ol! collection centers.
(a) Applicability. This section applies
to owners or operators of used oil
,collection centers. A used oil collection
center is any site or facility that
accepts/aggregates and stores used oil
collected from used oil generators
regulated under subpart C of this part
who bring used oil to the collection
center in shipments of no more than 55
gallons under the provisions of
ง 279.24(a). Used oil collection centers
may also accept used oil from household
do-it-yourselfers.
(b) Used oil collection center
'requirements. Owners or operators of all
used oil collection centers must:
(1) Comply with the generator
standards in subpart C of this part; and
(2) Be registered/licensed/permitted/
recognized by a state/county/municipal
government to manage used oil.
ง279.32 Used oil aggregation points
owned by the generator.
(a) Applicability. This section applies
to owners or operators of all used.oil
aggregation points- A used oil '
aggregation point is any site or facility
that accepts, aggregates, and/or, stores
used oil collected only from other used
oil generation sites owned or operated
by the owner or operator of the
aggregation point, from which used oil is
transported-to the aggregation point in
shipments of no more than 55 gallons
under the provisions of ง 279.24(b), Used
oil aggregation points may also accept
used oil from household dp-it-
yourselfers.
(b) Used oil aggregation point
requirements. Owners or operators of all
used oil aggregation points must comply
with the generator standards in subpart
C of this part.
Subpart EStandards for Used OH
Transporter and Transfer Facilities
ง 279.40 Applicability.
(a) General. Except as provided in
paragraphs (a)(l) through (a)(4) of this
section, this subpart 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. .,
(1) This subpart does not apply to on-
site transportation.
(2) This subpart does not apply to
generators who transport shipments of
used oil totalling 55 gallons or less from
the generator to a used oil collection. .
, center as specified in ง 279.24(a).
(3) This subpart does not apply to
generators who transport shipments of..
used oil totalling 55 gallons or less from
the generator to a used oil aggregation
point owned or operated by the same
generator as specified in ง 279,24(b).
(4) This subpart does not apply to
transportation of used oil generated by
household do-it-yourselfers from the
initial generator to a regulated used oil
generator, collection center, aggregation'
point, processor/re-refiner, or burner
subject to the requirements of this part.
Except as provided in paragraphs (a.)(l)
through (a)(3) of this section, this
subpart does, however, apply 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.
(b) Imports and exports. Transporters
who import used oil from abroad or
export used oil outside of the United
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fo 1992'-/ Rufes and Regulations . 41617
States are subject to the requirements of
this subpart from the time the used-oil
enters and until the time it exits the
United States, .
(c) Trucks used to transport
hazardous -waste. Unless trucks
previously used to transport hazardous
waste are emptied as described in
ง 261.7 of this chapter 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 ง 279.10(b), the hazardous
waste/used oil mixture is determined
. not to be hazardous waste.
(d) Other applicable provisions. Used
oil transporters who conduct the
following activities are also subject to "
other applicable provisions of this, part
as indicated in paragraphs {d)(l} through
(5) of this section: '..-' ... , .
(1) Transporters who generate used oil
must also comply with subpart C of this
; part; ";.. .' .- . ..;.;'= ,v-
(2) Transporters who process or re-
refine used oil, except as provided in.
ง 279.41, must also comply with subpart
F of this part;
(3} Transporters who burn off-
specification used oil for energy
recovery must also comply with subpart
Gof this part; . \ .
(4} Transporters who direct shipments
of off-specification used oil from their
facility to a used oil burner or first claim
that used oil that is to be burned for
energy recovery meets the used oil fuel
specifications set forth in ง 279.11 must
also comply with subpart H of this
-partuel Marketer's of this part; and
{5} Transporters who dispose of used
oil, including the .use of used oil as a
dust suppressant, must also comply with
subpart lof this .part
ง 279.41 Restrictions on transporters who
are not also processors or re-refiners. -
fa] Used oil transporters may
consolidate or aggregate loads of used
oil for purposes of transportation.
However, except as provided in
paragraph (b) of this section, used oil :
transporters may not process used oil
unless they also comply with .the
requirements for processprs/re-refiners
in subpart F of this part.
(b) 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
subpart F of this part. .. .
ง279.42 Notification.
(a) 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.
[b) Mechanics of notification A used
oil transporter who has not received an
EPA identification number may obtain
one by notifying the Regional .'.'-...
Administrator of their used pil activity
by submitting either:
(1) A completed EPA Form 8700-12
(To obtain EPA Form ,8700-12 call
RCRA/Superfund Hotline at 1-800-424^-
9346 or 703-920-S810); or , I
(2) 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 should include the
following information:
(i) Transporter company name;
(ii) Owner of the transporter company;
,.[iii) Mailing address fqr the
transporter; ~ '.'..- '
, (iv) Name and telephone number for
the transporter point of contact;
(v) Type of transport activity (i.e.,
transport only, transport and transfer
facility, transfer facility only);
(vi) Location of all transfer facilities at
which used oil is stored;
(vii) Name and telephone number for
S contact at each transfer facility.
ง 279.43 Used oil transportation.
(a) Deliveries. A used oil transporter
must deliver .all used oil received to:
(1) Another used oil transporter,
provided that the transporter has
obtained an EPA identification number;
(2) A used oil processing/re-refining.,
facility who has obtained an EPA " '
identification number; -''."
, (3) An off-specification used oil burner
facility who has obtained an EPA
identification number; or
(4) An on-specificatiori used oil burner
facility. '
. (b) Shipping. Used oil transporters
must comply with all applicable. -
packaging, labeling, .and placarding
requirements of the U.S. Department of
Transportation under 49 CFR parts 173,
178 and 179. Used oil that meets the
definition of combustible liquid (flash
point below 200 ฐF but at or greater than
100 ฐF) or flammable liquid (flash point .
below 100 ฐF)'is subject to Department
of Transportation Hazardous Materials
Regulations at 49 CFR Parts 100 "through
177. ' ;.. ..' ":';-. -.-'. ' '';.-.'
(c) Used oil discharges, (1) In the
event of a discharge of used oil during
transportation, the transporter must take
appropriate immediate action to protect
human health and the environment (e.g.,
notify local authorities; dike the
discharge area).
(2) 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, ... .
(3) An air, rail, highway, or water :
transporter who has discharged used oil
must: '"-.;'.'..
(i) Give notice, if required by 49 CER
,171.15 to the National Response Center
(800-424-8802 or 202-426-2675); and
(ii) Report in writing as required by 49
GFR 171.16 to the Director, Office of
Hazardous Materials Regulations,
Materials Transportation Bureau,
Departmentof Transportation,
Washington, DC 20590.
(4) A water transporter who has
discharged used oil must give notice as
required by 33 CFR 153.203.
(5) A transporter must clean up any
used oil discharged that occurs during
transportation or 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 '
ง279.44 Rebuttable presumption for used
oil.:: .,'.'.:s '.._ ' ', : ,.."..-.
(a) To ensure that used oil is not a
hazardous waste under the rebuttable '
presumption of ง 279.10(b)[l)(h), the ;
used oil transporter must determine
whether the total halogen content of -.-
used oil being transporter or stored at a
transfer facility is above or below 1,000
ppm. ,
(b) The transporter must make this"
determuiation by:
(1) Testuig the used oil; or
(2) Applynig knowledge of the halogen
content of the used oil in light of the
materials or processes used.
(c) If the used oil contains greater than
or equal toi.ODQ ppm total halogens, it is
presumed to be a hazardous,waste
because it has been mixed with . '
halqgenated hazardous waste listed in
subpart D of part 261 of this chapter.
The owner or operator may rebut the
presumption by demonstrating that the
used oil does not contain hazardous
waste (for example, by using an :-'-.
analytical method from SW-B48, Edition
III, to show that the used oil does not
contain significant concentrations of :
halogenated hazardous constituents ..
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?sfปl
Plftr ^- e , iซsซ p
41618 Federal Register / Vol. 57. No. 176 /Thursday, September 10, 1992 / Rules and Regulations
listed in Appendix Vin of part 261 of
this chapter). EPA Publication SW-846,
Third Edition, Is available for the cost of
SllO.OO from the Government Printing
Office, Superintendent of Documents,
PO Box 371954, Pittsburgh, PA 15250-
7954. {202) 783-3238 (document number
955-001-00000-1).
(1) The rebuttable presumption does
not apply to metalworking oils/fluids
containing chlorinated paraffins, if they
are processed, through a tolling
arrangement as described in ง 279.24(c),
to reclaim metalworking oils/fluids. The
presumption does apply to
metalworking oils/fluids if such oils/
fluids are recycled hi any other manner,
or disposed.
(2) The rebuttable presumption does
not apply to used oils contaminated
with chlorofluorocarbons (CFCs)
removed from refrigeration units if the
CFG 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.
(d) Record retention. Records of
analyses conducted or information used
to comply with paragraphs (a), (b}, and
{c) of this section must be maintained by
the transporter for at least 3 years.
ง 279.45 Used oil storage at transfer
facilities.
As specified in ง 279,10(f).
wastewaters containing "de minimis"
quantities of used oil are not subject to
the requirements of this part, including
the prohibition on storage in units, other
than tanks or containers. Used oil
transporters are subject to all applicable
Spill Prevention, Control and
Countermeasures (40 CFR part 112) in
addition to the requirements of this
subpart. Used oil generators are also
subject to the Underground Storage
Tank (40 CFR part 280) 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
subpart.
(a) Applicability. This section 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
under subpart F of thia chapter.
(b) Storage units. Qwners or operators
of used oil transfer facilities may not
store used oil in units other than tanks.
containers, or units subject to regulation
under parts 264 or 265 of this chapter.
(c) Condition of units. Containers, and
aboveground tanks used to store used
oil at transfer facilities must be:
(1) In good condition (no severe
rusting, apparent structural defects or
deterioration); and
(2) Not leaking (no visible leaks).
(d) Secondary containment for
containers. Containers used to store'
used oil at transfer facilities must be
equipped with a secondary containment
system.
(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. , -
(2) The entire containment system,
including walls and floors, must be
sufficiently impervious to used oil to
prevent any used oil-release'd into the
containment system from migrating out
of the system to the soil, groundwater,
or surface water.
(e) Secondary containment for
existing aboveground tanks. Existing
aboveground tanks used to store used
oil at transfer facilities must be
equipped with a secondary containment.
system.
(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 dike, berm, or
retaining wall except areas 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.
(f) Secondary containment for new
aboveground tanks. New aboveground .
tanks used to store used oil at transfer
facilities must be equipped with a
secondary containment system.
(1) The secondary containment system
. must consist of, at a minimum:
(i) Dikes, berms or retaining'wallsi
and
(ii) A floor. The floor must cover the
entire area within the dike, faerm, or
retaining wall; 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. '
($Labels. (1) Containersand
aboveground tanks used to^store used
oil at transfer facilities must, be labeled
or marked clearly with the words "Used
Oil."- - - -' .."'''.. -
(2) Fill pipes used to transfer used oil
into underground storage tanks at
transfer facilities must be labeled or
marked clearly with: the words "Used .
Oil." '
(h) Response to releases. Upon
detection of a release of used, oil to-.the
environment not subject to the
requirements of part 280 subpart F
which has occurred after the effective
date of the authorized used oil program
for the State in which the release is ,
located, the owner/operator of a
transfer facility must perform the
following cleanup steps: , ,
(1) Stop the release; - .
(2) Contain the release used oil; ,
,(3) Clean up and manage properly the.
released used oil and other materials;
and :
, (4) If necessary, repair or replace any
leaking used oil storage containers pr
tanks prior to returning them to service.
ง 279.48 Tracking.
(a) Acceptance. Used oil transporters
must keep a record of each used oil
shipment accepted for transport
Records for each shipment must include:
(1) The name and address of the
generator, transporter, or proces'sor/re-
refiher who provided the used oil for
transport; ..''./
(2) The EPA identification number (if
applicable) of the generator, transporter,
or processor/re-refiner who provided
the used oil for transport;
(3) .The quantity of used oil accepted;
(4) The date of acceptance; and
(5) The signature, dated upon receipt
of the used oil, of a representative of the
generator, transporter, pi1 processor/re-
refiner who provided the used oil for ,
transport. , -...
(b) Deliveries. Used oil transporters
miistkeep 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.
'.Records of each delivery must include:
(1) The name and address of the
receiving facility or transporter;
(2) The EPA identification number of
the receiving facility or transporter; .
(3) The quantity of used oil delivered;;
(4) The date of delivery;
(5) The signature, dated upon receipt
of the used oil, of a representative of the
receiving facility or transporter.
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^f^.telii/Vo1' i57' No' *76 VvTfoursday, September 10,1992 / Rules and Regulations 41619
(c) Exports of used oil Used oil
transporters must maintain the records
described in paragraphs, (b)(l) through
(b)(4) of this section for each shipment .
of used oil exported to any foreign
country.
. (d) Record retention. The records .
described in paragraphs (a), (b), and (c)
of this section must be maintained for at
least three years.
ง 279.47 Management of residues.
Transporters who generate residues
from the storage or transport of used oil '
must manage the residues as specified
in ง 279.10(e).
Subpart FStandards for Used Oil
Processors and Re-Refiners
ง 279.50 Applicability.
(a) The requirements of this subpart
apply to owners and operators of
facilities that process 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 subpart do not
apply to:
(1) Transporters that copduct
incidental processing operations that
occur during the normal course of
transportation as provided in ง 279.^1;
of , ''/" " ' ' : ".
(2) Burners that conduct incidental
processing operations that occur during
the normal course of used oil
- management prior to burning as
provided in ง 279.61(b). '".
(b) Other applicable provisions. Used
oil processors/re-refiners who conduct
the following activities are also subject
to the requirements of other applicable
provisions of this part as indicated in
paragraphs (b)(l) through (b)(5) of this
section. . , " ;, - .,
(1) Processors/re-refiners who
generate, used_oil must also comply with
subpart C of this part;
(2) Processors/re-refiners who
transport used oil must also comply with
subpart E of this part;
(3) Except as provided in paragraphs
(b)(3)(i) and (b)(3)(ii) of. this section, .
processors/re-refiners who burn off-
specification used oil for energy
recovery must also comply with subpart
G of this part. Processor/re-refiners
burning used oil for energy recovery
under the following conditions are not
subject to subpart G of this part:
> (i) The used oil is, burned in.anon-site
space heater that meets the ,
requirements of ง 279.23; or
(ii) The used oil is burned for purp'oses
of processing used oil, which is
considered burning incidentally to used
oil processing;,
(4) Processors/re-refiners who direct
shipments of off-specification used oil
from their facility to a used oil burner or
first claim that used oil that is to be
burned for energy recovery meets the
used oil fuel specifications set forth in
ง 279.11 must also comply with subpart
H of this part; and
(5) Processors/re-refiners who dispose
of used oil, including the use of used oil
as a dust suppressant, also must comply
with subpart I of this part.
ง279.51 NotfficaHon.
.(a) Identification riumbersl Used oil
processors and re-refiners who have not
previously complied with the
notification requirements of RCRA
section 3010 must comply with these
requirements and obtain ah EPA
identification number.
(b) Mechanics of notification. A used
oil processor or re-refiner who has not
received an EPA identification,number
; may obtain one by notifying the
Regional Administrator of their used oil
activity by submitting either:
(1) A completed EPA Form 8700-12
(To obtain EPA Form 8700-12 call
RCRA/Superfund Hotline at 1-800-424-
_ 9346 or 703-920-9810};,or
(2) 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 should include the
following information:
(i) Processor or re-refiner company
name;
(ii) Owner of the processor or re-
refiner company; ",
(iii) Mailing address for the processor
or re-refiner;
(iv) Name and telephone number for
the processor or re-refiner point of
contact;
(v) Type of used oil activity (i.e.,
process only, process and re-refine);
(vi) Location of .the processor or re-
refiner facility.
ง 279.52 Genera! facility standards,
(a)Preparedness andprevention* .
Owners and operators of used oil
processors and re-refiners facilities must
.comply with the following requirements:
(1)Maintenance
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41620 Federal Register / Vol; 57>.No. 176: / .Thursday,
unless aisle space ia not needed for any
of these purposes.
(6) Arrangements with local
authorities, (i) 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:
(A) 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
Jnside the facility, and possible
evacuation routes;
(B) 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;
(C) Agreements with State emergency
response teams, emergency response
contractors, and equipment suppliers;
and
(D) 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.
(ii) Where State or local authorities
decline to enter into such arrangements,
the owner or operator must document
the refusal in the operating record.
(b} Contingency plan and emergency
procedures. Owners and operators of
used oil processors and re-refiners
facilities must comply with the following
requirements:
(1) Purpose and implementation of
contingency plan. [I] 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.
(ii) The provisions of the plan must be
carried out immediately whenever there
is a fire, explosion, or release or used oil
which could threaten human health or
the environment.
(2) Content of contingency plan, (i)
The contingency plan must describe the
actions facility personnel must take to
comply with paragraphs (b) (1) and (6)
of this section in response to fires,
explosions, or any unplanned sudden or
rion-sudden release of used oil to air,
soil, or surface water at the facility. *
(ii) If the owner or operator has
already prepared a Spill Prevention,
Control, and Countermeasures (SPCC)
Plan in accordance with part 112 of this
chapter, or part 1510 of chapter V 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 part.
(in) 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 paragraph (a)(6) of this section.
(iv) The plan must list names, ;
addresses, and phone numbers (office
and home) of all persons qualified to act
as-emergency coordinator (see
paragraph (b)(5) of this section), 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. ,
(v) 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 physiqal
description of each item on the list, and '.
a brief outline of its capabilities.
(vi) The plan must include an
evacuation plan for facility personnel
where there is a possibility that
evacuation could be necessary. This
plan must describe 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).
(3) Copies of contingency plan. A copy
of the contingency plan and all revisions
to the plan must be: ป
(i) Maintained at the facility; and
(ii) 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. ' ' :. ' '"
(4) Amendment ofcontingency plan.:
' The contingency plan must be reviewed,
and immediately amended, if necessary,
whenever: - . : . *>-
(i) Applicable regulations are revised;
(ii) The plan fails in an emergency;
(iii) 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 emergencv;-.. ,
(iv) The list of emergency ;
coordinators changes; or , . .
(v) The list of emergency equipment
changes. , ; .': '. ;' ,
(5).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 characteristic 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. ;, , -' ^r, , ' .', ... V. -, .;'
Guidance: The emergency
coordinator's responsibilities are more
fully spelled put in paragraph (b)(6) of
this section. Applicable responsibilities
for the emergency poordinajor vary,
depending on factors such as type and
variety of used oil handled by the
facility, and type and complexity of the
facility. ; . .... .,
(6) Emergency procedures, (i) : ... .
Whenever there is an imminent or
actual emergency situation, the .
emergency coordinator (or the designee
when the emergency coordinator is on
call) must immediately: .
(A) Activate internal facility alarms, or
- communication systems, where
applicable, to notify all facility
personnel; and ,
(B) Notify appropriate State or local
agencies with designated response roles
if their help is needed, *
(ii) Whenever there is a release, fire,
or explosion^, the emergency coordinator
must immediately identify the character,
exact source, amount, and a real extent
of any released materials. He may do
this by observation or revjevy of facility
records of manifests and, If necessary,
- by chemical analysts. -; ~ . ' : '.-.';
(iii) 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 of chemical agents used to Control
fire arid heat-induced explosions).
-------
.'". (iv) 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, he
must report .his findings as follows:
: (A) If his assessment indicated that
evacuation of local areas may be
advisable^ he must immediately notify -
appropriate local authorities. He must
be available to help appropriate officials
decide whether local areas should be
evacuated; and . ' . . "
(B) He must immediately, notify either
the government official designated as
the on-scene coordinator for the
geographical area (in the applicable :
regional contingency plan under part
1510 of this title), or the National
Response Center (using their 24-hour toll
free number 800/424-8802), The report
mustinclude: .
(0 Name and telephone number of
reporter; '-..
(2) Name and address of facility;
(3) Time and type of incident (e.g.,
release, fire);
(4) Name and quantify of material^} ,
involved, td the extent known;
(5) The extent of injuries, if any; and
(0) The possible hazards to human
health, or the environment, outside the
facility.,
(v) 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 or hazardous waste at the
facility. These measures must include,
where-applicable, stopping processes
and operation, collecting and containing
released used oil, and removing or
isolating containers. .
(vi) 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. of her equipment, whereverthis is
appropriate. '
(vii) 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!. ,'
(viii) The emergency coordinator must
ensure that, in the affected area(s) of the
facility: . ' .
(A) 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; and . :. : ,
(B) All emergency equipment listed in
the contingency plan is cleaned'arid fit
for its intended use before operations
are resumed. :
(C) The Owner or operator must notify
the Regional Administrator* and
appropriate State and local authorities
that the facility is in compliance with
paragraph (h) of this section before
operations are resumed in the affected
area(s) of the, facility. " ' "
(ix) 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, he
must submit a written report on the
incident to the Regional Administrator;;
The report must include: "
(A) Name, address, and telephone
number of the owner qr operator;
(B) Name, address, and telephone
number of the facility; "
(C) Date, .time, and type of incident
(e.g., fire, explosion);
(D) Name and quantity of material(s)
involved; " ,
(E) The extent of injuries, if any;
(F) An assessment of actual or
potential hazards to human health or the
environment, where this is applicable;
(G) Estimated quantity and
disposition of recovered material that
resulted from the incident.
ง 279,53 Hebuttabie presumption for used
' ฎn- . ' .:. ' _-... ' '. <' -.'"
(a) To ensure that used oil managed at
^ a processing/re-refining facility is not
hazardous waste under the rebuttable
presumption of ง 2,79.lO(b)(l)pi), the
owner Or operator of a used oil
processing/re-refirrmg fapility must
determirie.whether the total halogen
content of used oil managed at the
facility is above or below l.pOO pp'm. ;
(b) The owner or operator must make
this determination by: -
(1) Testing the'used oil; or , '
(2) Applying knpwledge of the halogen
content of;the used oil in,light of the
materials or processes used.
(c) 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 \yjth
halogenated hazardous waste listed in
subpart D of part 261 of .this chapter.
The owner or operator may rebut the
presumption by demonstrating that the
used qil does not contain hazardous
waste (for example, by using an
analytical method from SW-846, Edition
III, to show that the used oil does not
contain significant concentrations of
halogenated hazardous constituents
listed in appendix VIH of part 261 of this
chapter). EPA Publication SW-846,
Third Edition, is available for the cost of
$110.00 from the Government Printing '
Office, Superintendent of Documents, ,
P.O. Box 371954, Pittsburgh PA 15250- -
7954, (202) 783-3238 (document number
955-001-00000-1); . , .
(1) The rebuttable. presumption does
not apply .to metalworking oils/fluids
" containuig chlorinated paraffins, if they
are processed, through a to.ljing
agreement, to reclaim metalworking
oils/fluids. The presumption does apply
to metalworking oils/fluids if such oils/
fluids are recycled in any other manner, -
ordisposed; : r - :
(2) The rebuttable presumption does
not apply to used oils contaminated
with chlorofluorocarbons (CFCs)
removed from refrigeration units where
tlhe CFCs are destined for reclamation.
The rebuttable presumption does apply
to usedoils contaminated .with CFCs
that have been mixed with used oil from
sources other than refrigeration units;
ง 270.54 Used oil management.
As specified in ง279.10(f),
wastewaters containing "de minimis"
quantities of used oil are not subject to
the requirements of this part, .including
the prohibition on storage hi units other
than tanks or containers. Used oil
processor/re-refiners are subject to all
applicable Spill Prevention, Control and
Countermeasures (40 CFR part 112) in
addition to the requirements of this
subpart. Used oil generators are also
subject to the Underground Storage
Tank (40 CFR part 280) 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
subpart. ' ...
'(a) Management units.^IJsed oil , .
processors/re-refiriera may not store or
process used oil in units other than . '-
tanks, containers, or units subject to
regulation under part 264 or 265 of this
chapter. . -
(b) Condition of units. Containers and
aboveground tanks used to store or
process used oil at processing and re-
refining facilities must be:
(1) In good condition (no severe :
rusting, apparent structural defects or
deterioration); and
(2) Not leaking (no visible leaks).'
(c] Secondary containment for
containers. Containers used to store or
process used oil at processing and re- ''"
refining facilities must be equippedTwith
a secondary containment system. <".
, (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 dike, berm, or '>-
retaining wall. -
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41622 Federal Regfeter / Vol. 57, No,. 17S / Thursday,. September 10, 19&gi /; Rules and Regulations
(2) 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.
(d) Secondary containment for
ex/sting aboveground (anks. Existing
abovcground tanks used to store or
process used oil at processing and re-
refining facilities must be equipped with
& secondary containment system.
(1) The secondary containment system
must consist of, at a minimum:
(i) Dikes, berms or retaining waifs;
and
(ii) A floor. The floor must cover the
entire area within the dike, berm, or
retaining wall except areas where
existing portions of the tank meet the
ground; or
{ill) An equivalent secondary
containment system.
(2) 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.
(e) Secondary containment for new
abavegroiwd tanks. New aboveground
tanks used to store or process used oil at
processing and re-reBiiing facilities must
be equipped with a secondary
containment system.
(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 dike, berm, or
retaining wall; or
(iii) An equivalent secondary
containment system.
(2) 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.
[fj Labels, (1) Containers and
aboveground tanks used to store or
process used oil at processing and re-
refining facilities must be labeled or
marked clearly with the words "Used
on,"
(2) Fill pipes used to transfer used oil
into underground storage tanks at
processing and re-refining facilities must
be labeled or marked clearly with the
words "Used Oil,"
(g) Response to re/eases. Upon
detection of a release of used oil to the
environment not subject to the
requirements of part 280, subpart F of
this chapter which has occurred after
the effective date of the authorized used
oil program for the State in which the
release is located, an owner/operator
must perform the following cleanup
steps:
(1} Stop the release?
(2) Contain the released used oil;
(3) Clean up and mange properly the
released used oil and other materials;
and
(4) If necessary, repair or replace any
leaking used oil storage containers or
tanks prior to returning them to service.
(h) Closure.(1) Aboveground tanks.
Owners and operators who store or
process used oil in afaoveground tanks
must comply with the following
requirements:
(i) 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 manage
them as hazardous waste, unless the
materials are not hazardous waste
under this chapter.
(ii) If the owner or operator
demonstrates that not all contaminated
soils can be practicably removed or
decontaminated as required in
paragraph (h)(l)(i> of this section, 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
(ง 265.310 of this chapter).
(2) Containers. Owners and operators
who store used oiK in containers must
comply with the following requirements:
(i) At ctosure> containers holding used
oils or residues of used oil must be
removed from the site;
(ii) 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 manage
them as hazardous waste, unless the
materials are not hazardous waste
under part 261 of this chapter.
ง279.55 Analysis plan.
Owners or operators of used oil
processing and re-refining facilities must
develop and follow a written analysis.
plan describing the procedures that will
be used to comply with the analysis
requirements of ง279.53 and, if
applicable, | 279.72. The owner or
operator must keep the plan at the .
facility. ...
(a) Rebuttable presumption for used
oil in ง 279.53. At at minimum, the plan
must specify the following: ,
(1) "Whether sample analyses or
knowledge of the halogen content of the
used oil will be used to make this
determination.
(2) If sample analyses are used to
make this determination:
(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 I of part 261 of this chapter? or
(B) A method shown to be equivalent
under ง ง 260.20 and 260.21 of this
chapter;
(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.m
ง279.53; and
(3) The type of information that will
be used to determine the halogen .
content of the used oil.
(b) On-specificaMon used oil fuel in
ง 27.9.72. At a minimum, the plan must
specify the following if ง279.72 is
applicable: ;
(1) Whether sample analyses or other
information will be used to make this
determination;
(2); If sample analyses are used to
make this determination:
(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 I of part 261 of this chapter? or
(B) A method shown to be equivalent
under ง 260.20 and 260.21 of this chapter;
(ii) Whether used oil will be sampled
and analyzed prior to or after any
processing/re-refining?
(iii) The frequency of sampling to be
performed, and whether the analysis
will be performed on-site or off-site; and
(iv) The methods used to analyze used
oil for the parameters specified in
ง 279.72; and ..
(3) The type of information that will
be used to make the on-speclficatiqn
used oil fuel determination.
ง279.56 Tracking.
(a) Acceptance. Used oil processors/
re-refiners must keep a record of each
used oil shipment accepted for
processing/re-refinihg. These records
may take the form of a log, invoice,
manifest, bill of lading or other shipping
documents. Records for each shipment
must include the following information:
(1) The name and address of the : i :
transporter who-deliveredthe used oil to
the processor/re-refiner; ... .:
(2J The name and address of the
generator or processor/re-refining from
-------
Federal fe^^^
whom the used oil Was sent for
, processing/re-refining; v. - ' . -,
(3) The EPA identification number of
the transporter who delivered the used
oil to the processor/re-refiner;
(4) the EPA identification number (if
applicable) of the generator or
processor/re-refiner from whom the
used oil was sent for processing/re-
refining; :
(5) The quantity of used oil accepted;
" '. .and"' -, ...--, . -":.-'
s ! ,{6) The date of acceptance.. : -
(b) Delivery, Used oil processbr/fe-
'refiners must keep a record of each.
shipment of used oil that is shipped to a
used oil burner, processor/ re-jefiner. or
disposal facility/These records may
take the form of a log, invoice, manifest,
, bill of lading or other shipping ,
documents. Records for each shipment
must include the following information:'
(1) The name, and address of the
.- transporter who delivers the used oil to
the burner, procejsjf/re-refiner or
disposal facility;
(2) The name and address of the \
burner, processor/re-refiner or disposal
facility who will receive the used oil;
(3) The EPA identification number of
the transporter who, delivers the used oil
to the burner, processor/re-refiner or
.'_ disposal facility; .,-
(4) The EPA identification dumber of
- the burner, processor/re-refiner, or
disposal facility who will receive the
used oil; :, . .
(5) The quantity of used oil shipped;
and -' ; - ""- ' .-....-'-
(6) The date of shipment.
(c). Record retention. The records -
described in paragraphs (a) and (b) of
this section must be maintained for.at
least three years. :
ง 279.57 Operating record and -reporting..
(a).Operating record (1) The owner Or
operator must keep a written operating
record at the facility.
(2) The folio whig information must be
recorded, as it becomes available, and
maintained in the operating record until
closure of the facility;
(i) Records and results of used oil
analyses performed as described in the
analysis plan required under ง 279.55; .
and - . : ' ' -'-.'. ~;\
(ii) Summary reports and details of all.
incidents that require implementation of
the contingency plan an specified in
ง279.52(b).
- (b) Reporting. A used oil processor/re-
refiner must report to the Regional
Administrator, in the form of a letter, on
a biennial basis (by March 1 of each
even numbered year), the following "
information concerning used oil ''.'
activities during the previous calendar
year; .. .. -'- -. - ' .'.'- , ;
Ii) The EPA identification number,
name, a'hd address'of the processor/re-'
refiner; .'" .-.-- .';."
(2) The calendar year covered by the
report; and >
(3) The quantities of used oil^accepted
lor processing/re-refining and the
manner in which the used oil is
processed/re-refined, including the
specific processes employed. <
ง279.58 Off-site shipments of used oiJ.
Used oil processors/re-refiners who .'
initiate shipments of used oil off-site
must ship/the used oil using a used oil
transporter who>as obtained an EPA
identification number. ,
ง279.59 Management of residues.
. Owners and operators who generate
residues from the storage, processing; or
re-fining of used oil must manage the
residues as specified in ง 279.10(e).
Subpart GStandards for Used Oil
Burners Who Burn Off-Specification
Used Oil for Energy Recovery
ง279.80 Applicability.
(a) General The requirements of this
subpart apply to used oil burners except
as specified in paragraphs (a)(l) and
(a)(2),of this section. A used oil burner is
a facility where used oil not meeting the
specification requirements in ง 27fcll is
burned for energy recovery in devices
identified in ง 279.61{a). Facilities
burning used oil for energy recovery
under |he following conditions are not
subject to this Subpart;
(1) The used oil is burned by the
generator in an on-site space,heater
under the provisions of ง 279.23; or
(2) The used oil is burned by a
processor/re-refiner for purposes Of
processing used oil, which is considered
burning incidentally to used oil
processing.
(b) Other applicable provisions. Used
oil burners who conduct the following
activities are also subject to the
requirements of other applicable
provisions of this part as indicated
below. ' '
(1) Burners who generate used oil
must also comply'this subpart C of this
part;
(2) Burners who transport used oil
must also comply with subpart E of this
part; -' - ,: ;-"..'.
(3) Except as provided in ง 279.61(b),
burners who process or re-refine used
oil must also comply with subpart F of
this part; , ' ;
(4) Burners who direct shipments of
off-specification used oil from their
facility to a used oil burner or first claim
that used oil that is to.be burned for
energy recovery meets the used oil fuel
specifications set forth in ง 279.11must
also comply with subpart H of this part;
"and ". ".:. '-';',. ;'--;
(5) Burners who dispose of used oil, ;
including the use of used oil as a dust'
suppressant, must 'comply with subpart I
of this part. : v,^-
; (c) Specificatibn fuel. This,sub'part:
dฐes nฐt apply to persons burning used
oil that meets the used pjl fuel '.'"-
specification of ง 279.11, provided that
the burner complies with, the
requirements, of subpart H of this part.
ง279.61 Restrictions on burning.
(a) Off-specification used oil fuel may..
-be burned for energy recovery in only
the following devices:
(1) Industrial furnaces identified in
ง 260.10 of this chapter;
(2) Boilers, as defined in ง 260.10 of
this chapter, that are identified as
follows; . ... y
(i) Industrial boilers located on the
site of a facility engaged in a '
manufacturing process whe>e ,
substances are transformed into new
products, including the component parts
of products, by mechanical or chemical
processes;: . ;
(ii) Utility boilers used to produce
electric power, steam, heated or cooled
air, or other gases or fluids for sale; or
(iii) Used oil-fired space heaters
provided that the burner meets the
provisions 5f,ง 279.23; or
, (3) Hazardous Waste incinerators
subject to regulation under subpart O of
parts 264 or 265 of this chapter.
(b)(l) With the following exception,
used oil burners may not process used ;'
oil unless they also comply with the
requirements of subpart F of this part. '
(2) Used oil burners may aggregate
off-specification usedM with virgin oil
or on-specification used oil for purposes ,
of burning, but may not aggregate for
purposes of producing on-specification -
used oil. . l .'.-., -
.ง279.62 Notification
(a) Identification numbers. Used oil:
burners who have nqt previously
complied with the notification
requirements of RCRA section 3010 must
comply with these requirements and .
obtain an EPA identification number.'
' (b) Mechanics of notification. A used
oil burner who has not received an EPA
identification number may obtain One by
notifying the Regional Administrator of
their used oil activity by submitting'."'
either:
(1) A completed EPA Form 8700-12
(To obtain ERA Form 8700-12 call
RCRA/Superfund Hotline at 1-800-424-
9346 or 703-920--9810); or
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41624
(2) A letter requesting an EPA
Identification number. Call theRGRA/
Superfund Hotline to detennine -where
to send a letter requesting an EPA
identification number. The letter should
include Ose following information:
(i) Burner company name;
(H) Owner of the burner company,
(HI} Mailing address for the burner;
(iv) Name and telephone number for
the burner point of con tacit
(v) Type of used oil activity; and
{vi} Location of the burner facility.
ง 279.63 RebuttsbJa presumption for used
olL
(a) To ensure that used oil managed at
a used oil burner facallty is not
hazardous waste under the rebuttable
presumption of ง 279.10{bMl)(ii). a used
oil burner must determine whether the
total halogen content of used oil
managed at the facility is above or
below 1,000 ppm.
(b) The used oil burner must
determine if the used oil contains above
or below 1,000 ppm total halogens by:
(1) Testing the used oil;
(2J Applying knowledge of the halogen
content of the used oil in light of the
materials or processes used; or
(3) If the used oil has been received
from a processor/refiner subject to
regulation under subpart F of this part,
using information provided by the
processor/re-refiner.
(c) 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
halogen a ted hazardous waste listed in
subpart D of part 261 of this chapter.
The owner or operator may rebut the
presumption by demonstrating that the
used oil does not contain hazardous
waste (for example, by using an
analytical method from SW-846, Edition
III, to show that the used oil does not
contain significant concentrations of
halogenated hazardous constituents
listed in appendix VIII of part 261 of this
chapter). EPA Publication SW-846,
Third Edition, i* available for the cost of
$110.00 From the Government Printing
Office, Superintendent of Documents,
PO Box 371954, Pittsburgh, PA 15250-
7954.202-783-3238 (document number
955-001-00000-1).
(1) The rebuttable presumption does
not apply to metalvirorking oils/fluids
containing chlorinated paraffins, if they
are processed, through a tolling
arrangement as described in ง 279.24(c),
to reclaim metalworking oils/fluids.The
presumption does apply to
metalworking oils/fluids if such oils/
fluids aie renyded in any other manner,
or disposed.
(2} The rebuttable presumption does
not apply to used oils contaminated
with chlorofiuorocarbons (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.,
(d) Record retention. Records of
analyses conducted or information used
to comply with paragraphs [a], (b], and
(c) of this section must be maintained by
the burner for at least 3 years.
ง279.64 Used oil storage.
As specified in ง 279.10(f),
wastewaters containing "de minimia"
quantities of used oil are not subject to
the requirements of this Part, including
the prohibition on storage in units other
than tanks or containers. Used oil
burners are subject to all applicable
Spill Prevention, Control and
Countermeasures (40 CFR part 112} in.
addition to the requirements of this
subpart. Used oil generators are also
subject to the Underground Storage
Tank (40 CFR part.280} standards for
used oil stored in underground tanka
whether or not the used oil exhibits any
characteristics of hazardous waste, in
addition to the requirements, of this
subpart.
(a) Storage mats*. Used oil burners
may not store used oil in units other
than tanks, containers,, or units subject
to regulation un3er parts 264 or 265) of
this chapter.
(bj Condition of units. Containers and
aboveground tanks used to store oil at
burner facilities must bet
(1) In good condition (no severe
rusting, apparent structural defects or
deterioration}; and
(2) Not leaking {no visible leaks},
(c) Secondary containment for
containers. Containers used to store ,
used oil at burner facilities must be
equipped with a secondary containment
system.
(1} The secondary containment system
must consist of, at a minimum:
pj Dikes, berms or retaining walls;
and
(ii) A floor. The floor must cover the
entire area within the dike, benn. or
retaining wall.
(2) The entire containment system,
including walls and floor, must be
sufficiently impervious to used oil ta
prevent any used oil released into the
containment system from migrating out
of the system ta the soil, groundwater,
or surface water.
(d) Secondary containment for
existing abavegroand tanks. Existing
aboveground tanka used to store used
oil at burner facilities must be equipped
with a secondary containment system.
fl J The1 secondary containment system
must consist of, at a minimumr
(i) Dikes, berms or retaining walls;
and
(ii} A floor; The floor must cover the
entire area within the dike, berm, or
retaining wall except areas where
existing portions of the tank meet the
ground; or
(Hi) An equivalent secondary
containment system.
(2) 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.
fe)Secondary containment for
existing abaveground tanks* New
aboveground tanks used to store used
oil at burner facilities must be equipped
with a secondary^tiontainment system.
(1} The secondary containment system
must consist oฃ at'a minimum:
({}. Dikes, berms or retaining, walls;
and ,
pi} A floor. The floor must cover the ,
"entire area within the dike* berm* or
retaining Wall; or
(iii} An equivalent secondary,
containment system.
(2} 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.
ฃfj Labels, fl} Containers and
aboveground tanks used to store used
oil at burner facilities mustbe labeled or
marked; clearly with the words "Used
Oik"
{2> Fill pipes used ta transfer used! oil
into underground storage tanks at
burner facilities must be labeled OE .
marked clearly with the words "Used
Oih"
(g) Response ta sefeases. Upon
detection of a release of used oiHo the
environment not subject: to the
requirements, of part 280 subpart F
which has occurred after the effective
date of the authorized used oil program
for the State in whlefe the release is>
located, a burner must perform, the
following cleanup steps:
(1} Stop the releaser
(2) Contain the- released used oilr
(4 Clean up and manage properly fe -
released used! oil and other materials? ...
and .. i
(4) If necessary, repair or replace any
leaking used oil storage containers or
tanks prior to returning them to service.
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Federal Register f- Vol. 57, No. 176 / Thursday, September 10, 1992; /; Rules and j Regulations 41625
ง279.65 packing, -. V^-;..-.-v...-'-,;
{a)y4ccej3ta/jce. Used oil burners must
keep a record of each used oil shipment
accepted for burning. These records may
take the form of a log, invoice;: manifest,
bill of lading, or other shipping -:
documents. Records for each shipment
must include the following information:
(1) The name and address of the
transporter who delivered the used oil to
.;die burner; .-' v ...... .,-'.-
{2} The name and address of the
generator or processor/re-refiner from
whom the used oil was sent to the
- .burner; . . - , ; -'".
(3) The EPA identification number of
the transporter who delivered the used
oil to the burner;
(4) The EPA identification number (if
applicable) of the generator or
" processor/re-refiner from whom the
used oil was sent to the burner;
(5J The quantity of used oil accepted;
and ' , ,...-'. :"-' .''- -
(8) The date of acceptance.
(ty Record retention. The records
described in paragraph (a) of this
section must-be maintained:for at least
three years. .. " ;'; . ',".- ;..,
-ง279.66 Notices. " -'". ' '
(a) Certification. Before a burner
accepts the first shipment of off-
specification used oil fuel from a , '-.. .
generator, transporter, or processor/re-
refiner, the burner must provide to the -.
generator, transporter, or processor/re-
refiner a one-time written and signed
ndtice certifying that:
(13 The burner has notified EPA
stating the location and general
description of his used oil management
activities; and
(2) The burner will burn the used oil
only in an industrial furnace or boiler
identified in ง 279.61(a).
, (b) Certification retention. The
certification described in paragraph (a)
of~this section must be maintained for
three years from the date the burner last
receives shipment of off-specification
used oil from that generator, transporter,
or processor/re-refiner. :. ,.
f ฃ79.67 Management of residues.
. Burners who generate residues from
the storage or burning of used oil must
manage the, residues as specified in
;.ง279.10(6);; 7 ;;;."' ;,;.; " ;'ti;;;;
Subpart H-Standards for Used Oil Fuel
Marketers ' ' - '-:' ;-:;, " -v--.- ...v
ง 279.70 Applicability.
(a) Any person! who conducts either of
the following activities is subject to the
requirements ofthis section:,'
(1) Directs a shipment of off- , '
specification used oil from their facility
; to a used oil'burner; or
: {2) First claims "that used oil that is to
be burned for energy recovery meets the
used oil fuel specifications set forth in
ง279.11. V .':.-''
(b) The>foliowing persons are not
marketers subject to this subpart:
(1) Used oil generators, and
transporters who transport used oil
" received only from generators, unless
the generator or transporter directs a
shipment of off-specification used oil
from their facility to a used oil burner.
However, processors/re-refiners who
burn some used oil fuel for purposes of
processing are considered to be burning
incidentally to processing. Thus, .
generators and transporters who direct
shipments of off-specification used oil to
processor/re-refiners who incidently
burn used oil are not; marketers subject
to this Subpart; , ;
(2) Persons who direct shipments of
on-specification used oil and who are
not the first person to claim the oil
meets the used oil fuel specifications of
ง 279.11. - -.'-".- .': -
(c) Any person subject to the
requirements of this Subpart must also
comply with pne of the following:
{!] Subpart C of this partStandards
for Used Oil Generators;
(2) Subpart E of this partStandards
for Used Oil Transporters and Transfer
Facilities; " '
(3) Subpart F of this.partStandards
for Used Oil Processors and Re-refiners;
(4) Subpart G of this partStandards -
for Used Oil Burners who .Burn Off-
Specification Used Oil for Energy
Recovery. -"' ., '. ' #' -
ง.279.71 Prohibitions,
A used oil fuel marketer may initiate a
shipment,of off-specification used oil
only to a used oil burner who:
" ,(a) Has an.EPA identification number;
1 and ''. ;~- ,, -.'-." ' ' "' . '
(b) Burns the used oil in an industrial
furnace of boiler identified in
ง279.61(a). ':.'""
ง279.72 On-speclflcation used ol| fue),
[&) Analysis of used oil fuel. A
generator, transporter, propessor/re-
refiner, or burner may determine that
used oil that is to be burned for energy
recovery meets, the fuel specifications of
1 279.11 by performing analyses or
obtaining copies of analyses or other
information documenting that the used
oil fuel meets the specifications. Such
used oil that is to be burned for energy
recovery is not subject to further
regulation under this part.
(b) Record retention.'A"generator,
transporter, pfocessor/re-refin"er, or
burner who first claims that used oil that
is to be burned for energy recovery
meets the spebifications fdr used oil fuel
under ง 279.11, must keep copies of
analyses of the used oil (or other -
information used to make the
determinatidh) for three years. - '
, ง 279.73 Notification.
(a) A used oil fuel marketer subject to
the requirements of this section who has
not previously complied with the ^
notification requirements of RjpRA
Section 3010 must comply with' these
requirements and obtain an EPA '
identification.number.
(bj A marketer who has not.received
an EPA identification number may
obtain one by notifying the Regional
Administrator of their used oil activity
by submitting either: '^
(13 A completed EPA F.orm 8700-12; or
. (2) A letter requesting an EPA
identification number. The letter should
.include the following information:,
(i) Marketer company name;
(ii) Owner of the marketer;
(iiij Mailing address for the marketer;
(iv)Name-ahd telephone"number for
the marketer point of contact; and
(v) Type of used oil activity (i.e.,
generator directing .shipments of off- .:""
specification used oil to a burnerj;
ง279.74 Tracking.
(a) Off-specification used oil delivery.
Any used oil generator who .directs a
shipment of off-specification used oil to
a burner must keep a record of'each
shipment of used oil to a used oil burner.
These records may take the form of a
log, invoice, manifest, bill "of lading or
other shipping documents. Records for-
1 each .shipment-must include the-'.-_
following information:
(13 The name and address of theป
transporter who delivers the used oil to
the burner;
(2J The name and address of the :
-burner who will receive the used oil;
(33 The EPA identification number of
the transporter who delivers the used oil
to the burner;-
(43 The EPA identification number of ."-
: the burner; ,
(53 The quantity of used oil shipped;
.and;' " /" ' '' . " ; '-' -.-.-
(6j The date of shipment.
(bj On-specification used oil delivery..
A generator, transporter, processor/re-
refirier, or burner who first claims that
used oil that is to be burned for energy
recovery meets the fuel specifications
under ง 279.11 must keep a record of -
each shipment of used oil to an dn-
specification used oil burner.-Records
for each shipment must include the
following information: . ;
(1) The name and address of the
facility receiving the shipment;
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41626 Federal Register / Vol. 57. No. 17& / Thursday, September 10. 1992 / Rules and Regulations
(2) The quantity of used oil fuel
delivered;
(3) The date of shipment or delivery;
and
(4) A cross-references to the record of
used oil analysis or other information
used to make the determination that the
oil meets the specification as required
under ง 279.72(a).
(c) Record retention. The records
described in paragraphs (a) and (b) of
this section must be maintained for at
least three years.
ง279.75 Notices.
fa) Certification. Before a used oil
generator, transporter, or processor/re-
refiner directs the first shipment of off-
specification used oil fuel to a burner, he
must obtain a one-time written, and
signed notice from the burner certifying
that:
(1) The burner has notified EPA
stating the location and general
description of used oil management
activities; and
(2) The burner will burn the off-
specification used oil only in an
industrial furnace or boiler identified in
1279.81(a).
{b\ Certification retention. The
certification described in paragraph (a)
of this section must be maintained for
three years from the date the last
shipment of off-specification; used oil is
shipped to the burner.
Subpart IStandards for Use as a
Dust Suppressant and Disposal of
Used Oil
ง 279.80 Applicability,
The requirements- of this subpart
apply ta all used oils that cannot be
recycled and are therefore being
disposed.
ง279.81 Disposal.
(a) Disposal of hazardous used oils.
Used oils that are identified aa a
hazardous waste and cannot be
recycled in accordance with this part
must be managed in accordance with
the hazardous waste management
requirements of parts 260 through 266,
268, 270 and 124 of this chapter.
(b) Disposal of nonhazardous used
oils. Used oila that are not hazardous,
wastes and cannot be recycled under
thia part must be disposed in
accordance with the requirements of
parts 257 and 258 of this chapter, ,
ง279.82 Use as, a dual suppressant.
{a} The use of used oil as a dust
suppressant is prohibited, except when
such activity takes place in one of the
states listed in paragraph (cj of this
section,
(b) A State may petition (e.g., as part
of its authorization petition submitted to
EPA under ง 271.5 of this chapter or by i
separate submission] EPA ta allow the ,
use of used oi! (that is not mixed with
hazardous waste and does not exhibit a
characteristic other than ignitability} as
a dust suppressant. The State must
show that it has a program in place to
prevent the use of used oil/hazardous
waste mixtures or used oil exhibiting a
characteristic other than ignitability as a
dust suppressant. In addition,, such
programs must minimize the Impacts of
use as a dust suppressant on, the
environment.
(c) List of States. [Reserved!
[FR Doc. 92-20085 Filed 9-9-9218:45 am}
BILLING CODE 6560-50-M /
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