Cal. Code Regs. tit. 14 § 18643.2

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 18643.2 - Recertification of Used Oil Rerefining Facilities

(a) Certified rerefining facilities must annually certify to CalRecycle that they substantially meet the requirements described in Section 48662(c), (d) and (f) of the Public Resources Code, in writing and under penalty of perjury. Certified rerefining facilities must also include the following certifications:

(1) The facility must certify that it produces rerefined base lubricant meeting the specifications in Section 48620.2 of the Public Resources Code. A facility located out-of-state shall, upon request, provide CalRecycle or the Department with a copy of records demonstrating that the used oil has been recycled to meet the specifications for rerefined oil as defined in Section 48620.2 of the Public Resources Code; and

(2) If the facility is located outside of California, it must certify that it is operating within substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations (Part 279) per PRC section 48662(b).

(b) Upon receipt of the annual statements from a rerefining facility, CalRecycle will review the facility and will notify the operator of the facility in writing that its certification is either:

(1) Approved; or

(2) Denied, and the reasons for denial.

(c) Denial may occur when a facility is engaged in a repeating or recurring pattern of:

(1) Non-compliance with the requirements of Section 18643.2(a) above; or

(2) A failure to submit quarterly facility reports as described in Section 18642 of this Chapter.

(d) If re-certification is denied, CalRecycle will notify the facility of the reason(s) for denial. If CalRecycle denies re-certification, the facility may appeal that decision within thirty (30) calendar days after the date of the notice of the denial. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial shall be denied without consideration of the appeal.

(1) A written appeal shall include, at minimum, the following information:

(A) The facility's name and location;

(B) The type of certification denied;

(C) The date on the notification from CalRecycle and the stated reasons for denial;

(D) A statement of the basis for objecting to the denial; and

(E) Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for denial, and any additional relevant information presented by the applicant or CalRecycle staff.

(2) CalRecycle will notify the appealing party of the determination in writing within twenty (20) calendar days of its receipt of the appeal.

Cal. Code Regs. Tit. 14, § 18643.2

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of section heading and repealer and new section filed 5-8-2017; operative 7-1-2017 (Register 2017, No. 19).

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.