Md. Code Regs. 26.10.15.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.15.01 - Scope

A. A person managing used oil shall determine using the conditions in COMAR 26.13.10.05 whether the used oil is:

(1) Regulated as used oil under this chapter; or

(2) Regulated as a hazardous waste under COMAR 26.13.

B. Notwithstanding §C of this regulation, a person managing used oil shall comply with all of the applicable oil pollution control and storage tank management provisions of COMAR 26.10.01-26.10.13 and 26.10.16-26.10.18.

C. Exceptions.

(1) The management of used oil containing polychlorinated biphenyls (PCBs) at concentrations of 50 parts per million (ppm) or greater is:

(a) Regulated as a hazardous waste under 40 CFR Part 761 and COMAR 26.13; and

(b) Not regulated as used oil under this chapter.

(2) Materials Mixed with or Derived from Used Oil.

(a) A mixture of used oil and diesel fuel mixed on-site by a used oil generator for use in the generator's own vehicles is not regulated under this chapter once the used oil and diesel fuel have been mixed.

(b) Materials reclaimed from used oil that are beneficially used and not burned as fuel or used in a manner constituting disposal are not regulated as used oil under this chapter.

(3) Wastewater, a discharge of which is subject to § 402 or 307(b) of the Clean Water Act, contaminated with "de minimis quantities of used oil" as defined in 40 CFR § 279.10(f), is not regulated under this chapter.

(4) Crude Oil Pipeline or Petroleum Refining Facility Process.

(a) If used oil introduced into a crude oil pipeline or petroleum refining facility process is exempt from the requirements of 40 CFR Part 279 under the conditions of 40 CFR § 279.10(g), then the used oil is not regulated under this chapter.

(b) Notwithstanding the substitution requirement in Regulation .02C(1)(d) of this chapter, a person shall use the used oil specification provided in Table 1 of 40 CFR § 279.11 to determine if used oil introduced into a crude oil pipeline or petroleum refining facility process is exempt from the requirements of 40 CFR Part 279 under the conditions of 40 CFR § 279.10(g).

(5) Used Oil on Vessels. Used oil produced on a vessel from normal shipboard operations is not regulated under this chapter until the used oil is transported ashore.

(6) Used Oil Generators. The following generators of used oil are not subject to the requirements of this chapter:

(a) An individual that generates household-derived used oil, such as used oil generated through the maintenance of an individual's personal vehicle; and

(b) A farmer who generates an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year.

D. Applicability.

(1) The requirements of this chapter and 40 CFR Part 279 apply to:

(a) The following used oil management activities:

(i) The collection, storage, transportation, processing, re-refining, recycling, or other management of used oil;

(ii) The transfer of fuel oil blended or mixed with used oil in the State; and

(iii) The burning of used oil as fuel;

(b) A used oil burner that burns off-specification used oil;

(c) A used oil collection center;

(d) A used oil fuel marketer;

(e) A used oil generator;

(f) A used oil processor/re-refiner;

(g) A used oil transfer facility; and

(h) A used oil transporter.

(2) The management of used oil mixed with or contaminating another substance is subject to the requirements of this chapter, unless the used oil is:

(a) Exempt from being regulated as a used oil under 40 CFR Part 279 ; or

(b) Identified under COMAR 26.13.10.05 as regulated under COMAR 26.13 as a hazardous waste.

Md. Code Regs. 26.10.15.01

Regulation .01 adopted effective 49:12 Md. R. 642, eff. 6/13/2022