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Used Oil Transfer Facility Requirements Full Text Version
Requirements & Regulatory Citations Full Text Requirements & Regulatory Citations
*STANDARDS FOR THE MANAGEMENT OF USED OIL *STANDARDS FOR THE MANAGEMENT OF USED OIL
Has used oil mixed with a listed hazardous waste been managed as a hazardous waste?.[N.J.A.C. 7:26A-6.1(a)2i(1)] The following requirements apply to mixtures of used oil and listed hazardous waste: Mixtures of used oil and hazardous waste that are listed in 40 C.F.R. Part 261, subpart D, as incorporated by reference at N.J.A.C. 7:26G-5 are subject to regulation as hazardous waste under 40 C.F.R. Parts 260 through 266, 268, 270, and 124, as incorporated by reference at N.J.A.C. 7:26G, rather than as used oil under this subchapter[N.J.A.C. 7:26A-6.1(a)2i(1)]
Has used oil mixed with a characteristic hazardous waste been managed as a hazardous waste.[N.J.A.C. 7:26A-6.1(a)2ii(1)] Mixtures of used oil and hazardous waste that solely exhibit one or more of the hazardous waste characteristic identified in 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5 and mixtures of used oil and hazardous waste that is listed in 40 C.F.R. Part 261, subpart D, as incorporated by reference at N.J.A.C. 7:26G-5 solely because it exhibits one or more of the characteristics of hazardous waste identified in 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5 are subject to the following: Except as provided in (a)2ii(3) below, the mixture is subject to regulation as hazardous waste under 40 C.F.R. Part 260 through 266, 268, 270, and 124, as incorporated by reference at N.J.A.C. 7:26G rather than as used oil under this subchapter, if the resultant mixture exhibits any characteristics of hazardous waste identified in 40 C.F.R. Part 261, subpart C, as incorporated by reference at N.J.A.C. 7:26G-5[N.J.A.C. 7:26A-6.1(a)2ii(1)]
Mixtures of used diesel engine crankcase oil and diesel fuel mixed on-site by the generator of the used diesel engine crankcase oil for use in the generator's own vehicles are not subject to this subchapter once the used diesel engine crankcase oil and diesel fuel have been mixed and provided that the blending is less than or equal to a maximum rate of five percent (that is, a 19 to 1 virgin fuel to used diesel engine crankcase oil dilution). Prior to mixing, the used diesel engine crankcase oil is subject to the requirements of N.J.A.C. 7:26A-6.4.[N.J.A.C. 7:26A-6.1(a)4ii] Mixtures of used diesel engine crankcase oil and diesel fuel mixed on-site by the generator of the used diesel engine crankcase oil for use in the generator's own vehicles are not subject to this subchapter once the used diesel engine crankcase oil and diesel fuel have been mixed and provided that the blending is less than or equal to a maximum rate of five percent (that is, a 19 to 1 virgin fuel to used diesel engine crankcase oil dilution). Prior to mixing, the used diesel engine crankcase oil is subject to the requirements of N.J.A.C. 7:26A-6.4.[N.J.A.C. 7:26A-6.1(a)4ii]
Has the generator mixed used diesel engine crankcase oil and diesel fuel?  This mixture is not regulated as a used oil.[N.J.A.C. 7:26A-6.1(a)9] In addition to the requirements of this subchapter, marketers and burners of used oil who market used oil containing any quantifiable level of PCBs are subject to the requirements found at 40 C.F.R. 761.20(e).[N.J.A.C. 7:26A-6.1(a)9]
Did used oil BURNED for energy recovery meet the specifications listed in N.J.A.C. 7:26A-6.2(a)?.[N.J.A.C. 7:26A-6.2(a)] 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 subchapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in Table 1 below. Once used oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with N.J.A.C. 7:26A-6.9(c), (d) and (e)3, the used oil is no longer subject to this subchapter.[N.J.A.C. 7:26A-6.2(a)]
Did the facility have a permit to construct, install or alter control apparatus or equipment and certificate to operate control apparatus or equipment or other required authorization prior to buring on-specification used oil fuel?.[N.J.A.C. 7:26A-6.2(b)] On-specification used oil may be directly burned for energy recovery in any device, furnace, or boiler, provided a Permit to Construct, Install or Alter Control Apparatus or Equipment and Certificate to Operate Control Apparatus or Equipment or other required authorization is obtained for the device in accordance with N.J.A.C. 7:27-8, 20 or 22 prior to burning.[N.J.A.C. 7:26A-6.2(b)]
Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under 40 C.F.R. Part 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9.[N.J.A.C. 7:26A-6.3(a)] Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under 40 C.F.R. Part 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9.[N.J.A.C. 7:26A-6.3(a)]
Was the used oil being used as a DUST SUPPRESSANT?.[N.J.A.C. 7:26A-6.3(b)] The use of used oil as a dust suppressant is prohibited.[N.J.A.C. 7:26A-6.3(b)]
Did the burner burn the used oil in an industrial furnace or boiler. [N.J.A.C. 7:26A-6.3(c)] Off-specification used oil fuel shall not be burned for energy recovery except in the devices specified below, and provided a "Permit to Construct, Install or Alter Control Apparatus or Equipment and Certificate to Operate Control Apparatus or Equipment" or other authorization is obtained for such device in accordance with N.J.A.C. 7:27-8 or 22 prior to burning.[N.J.A.C. 7:26A-6.3(c)]
On-specification used oil shall not be directly burned for energy in any residential or Category I institutional device, furnace or boiler defined pursuant to N.J.A.C. 7:27-8.[N.J.A.C. 7:26A-6.3(d)] On-specification used oil shall not be directly burned for energy in any residential or Category I institutional device, furnace or boiler defined pursuant to N.J.A.C. 7:27-8.[N.J.A.C. 7:26A-6.3(d)]
Did the generator BURN on-specification used oil in a used oil-fired space heater designed to have a minimum capacity of not more than 0.5 million BTU per hour?.[N.J.A.C. 7:26A-6.3(e)] The use of on-specification used oil in oil-fired space heaters is prohibited except if the used oil fired space heaters meets the requirements of N.J.A.C. 7:26A-6.4(e).[N.J.A.C. 7:26A-6.3(e)]
Did the generator BURN off-specification used oil in a space heater? . [N.J.A.C. 7:26A-6.3(f)] The burning of off-specification used oil in a space heater is prohibited in accordance with N.J.A.C. 7:27-20.7(a). [N.J.A.C. 7:26A-6.3(f)]
*USED OIL TRANSFER FACILITY REQUIREMENTS *USED OIL TRANSFER FACILITY REQUIREMENTS
Did the transporter comply with SPCC, Federal Clean Air Act and UST regulations?.[N.J.A.C. 7:26A-6.6(f)1] Used oil transporters are subject to all applicable Spill Prevention, Control and Countermeasures regulations (40 C.F.R.  Part 112) as well as the applicable requirements of N.J.A.C. 7:1E, regulations adopted pursuant to the Federal Clean Air Act, and N.J.A.C. 7:27 in addition to the requirements of this section. Used oil transporters are also subject to the Underground Storage Tank standards (40 C.F.R.  Part 280 and N.J.A.C. 7:14B) for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this section.[N.J.A.C. 7:26A-6.6(f)1]
Did the used oil transporter or transfer facility store used oil in units subject to regulation under N.J.A.C. 7:26G.[N.J.A.C. 7:26A-6.6(f)3] Owners or operators of used oil transfer facilities may not store used oil in units other than tanks, containers, or units subject to regulation under 40 C.F.R. Parts 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9.[N.J.A.C. 7:26A-6.6(f)3]
Did the used oil transporter ensure that the containers and aboveground tanks used to store used oil  were in good condition or were not leaking?.[N.J.A.C. 7:26A-6.6(f)4] Containers and aboveground tanks used to store used oil at transfer facilities shall be: i. In good condition (no severe rusting, apparent structural defects or deterioration); and  ii. Not leaking (no visible leaks).[N.J.A.C. 7:26A-6.6(f)4]
Were the containers used to store used oil equipped with secondary containment?.[N.J.A.C. 7:26A-6.6(f)5] Containers used to store used oil at transfer facilities shall be equipped with a secondary containment system.[N.J.A.C. 7:26A-6.6(f)5]
Were existing aboveground tanks used to store used oil equipped with secondary containment?.[N.J.A.C. 7:26A-6.6(f)6] Existing aboveground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system.[N.J.A.C. 7:26A-6.6(f)6]
Were new aboveground tanks used to store used oil equipped with secondary containment?.[N.J.A.C. 7:26A-6.6(f)7] New aboveground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system.[N.J.A.C. 7:26A-6.6(f)7]
Were all units labeled or marked clearly with the words "Used Oil".[N.J.A.C. 7:26A-6.6(f)8] Containers and aboveground tanks used to store used oil at transfer facilities shall be labeled or marked clearly with the words "Used Oil"; and Fill pipes used to transfer used oil into underground storage tanks at transfer facilities shall be labeled or marked clearly with the words "Used Oil".[N.J.A.C. 7:26A-6.6(f)8]
Did the transfer facility, upon detection of a release of used oil:  a. Stop the release.  b. Contain the released used oil.  c. Clean up and manage properly the released used oil and other materials. d. If necessary, failed to repair or replace any leaking used oil storage containers or tanks prior to returning them to service.[N.J.A.C. 7:26A-6.6(f)9] Upon detection of a release of used oil to the environment not subject to the requirements of 40 C.F.R. Part 280, subpart F or N.J.A.C. 7:14B, the owner/operator of a transfer facility shall perform the following cleanup steps: i. Stop the release; ii. Contain the released used oil; iii. Clean up and manage properly the released used oil and other materials; and iv. If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.[N.J.A.C. 7:26A-6.6(f)9]
Used oils that are identified as a hazardous waste and cannot be recycled in accordance with this subchapter shall be managed in accordance with the hazardous waste management requirements of  40 C.F.R. Parts 260 through 266, 268, 270 and 124, as incorporated by reference at N.J.A.C. 7:26G.[N.J.A.C. 7:26A-6.10(b)1] Used oils that are identified as a hazardous waste and cannot be recycled in accordance with this subchapter shall be managed in accordance with the hazardous waste management requirements of  40 C.F.R. Parts 260 through 266, 268, 270 and 124, as incorporated by reference at N.J.A.C. 7:26G.[N.J.A.C. 7:26A-6.10(b)1]
Used oils that are not hazardous wastes and cannot be recycled under this subchapter shall be disposed in accordance with the solid waste management requirements of N.J.A.C. 7:26.[N.J.A.C. 7:26A-6.10(b)2] Used oils that are not hazardous wastes and cannot be recycled under this subchapter shall be disposed in accordance with the solid waste management requirements of N.J.A.C. 7:26.[N.J.A.C. 7:26A-6.10(b)2]
Was the used oil being used as a DUST SUPPRESSANT?.[N.J.A.C. 7:26A-6.10(c)] The use of used oil as a dust suppressant is prohibited.[N.J.A.C. 7:26A-6.10(c)]
Last Updated: July 25, 2003
NJDEP-Compliance & Enforcement
 
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