Md. Code Regs. 26.10.15.04

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

Section 26.10.15.04 - Management of Used Oil

A. General Provisions.

(1) Spill, Release, or Discharge.

(a) A person shall report a spill, release, or discharge of used oil to the Department immediately, but not later than 2 hours, after detection of the spill, release, or discharge in accordance with COMAR 26.10.01.05 and 26.10.08.01.

(b) In response to a confirmed spill, release, or discharge of used oil or an oil-derived product from a storage tank system, an owner and an operator of the storage tank system and any responsible party shall comply with the response and corrective action requirements of COMAR 26.10.09.

(2) A person transporting used oil in a truck previously used to transport hazardous waste shall comply with the transportation of hazardous waste requirements in COMAR 26.13.04.01D(4).

B. Burning Used Oil.

(1) A person that proposes to burn used oil in fuel-burning equipment shall submit to the Department the information required in COMAR 26.11.09.10A.

(2) A person burning used oil as fuel shall comply with:

(a) Regulation .05B of this chapter;

(b) COMAR 26.11.09.10;

(c) If burning on-specification used oil as fuel, 40 CFR § 279.23; and

(d) If burning off-specification used oil as fuel, 40 CFR §§ 257.12(c) and 257.60 -257.66.

C. Storage of Used Oil. A person managing used oil shall only store used oil in a storage unit that meets one of the following criteria:

(1) A storage tank system that complies with COMAR 26.10.01-26.10.12 and 26.10.16-26.10.18; or

(2) Depending upon the type of facility where the used oil is stored, a container equipped with a containment system that meets the applicable requirements in 40 CFR § 279.22, 279.54, or 279.64.

D. Department Approvals and Registrations. An owner, an operator, and a person in charge of an oil handling facility or oil storage facility that manages used oil shall comply with the following Department approval and registration requirements:

(1) If the facility has a used oil aboveground aggregate storage capacity of 1,000 gallons or greater, obtain an Individual Oil Operations Permit from the Department in accordance with COMAR 26.10.01.09A and .11;

(2) If the facility has a used oil aboveground aggregate storage capacity of less than 1,000 gallons, comply with the General Oil Operations Permit conditions in COMAR 26.10.01.09B;

(3) If used oil is stored in a petroleum UST system, register each UST system at the facility with the Department in accordance with COMAR 26.10.03.09;

(4) If used oil is stored in an AST system, register each AST system at the facility with the Department in accordance with COMAR 26.10.01.10;

(5) If transferring fuel oil blended or mixed with processed or re-refined used oil in the State, obtain an Oil Transfer License from the Department in accordance with COMAR 26.10.01.08;

(6) If a used oil transporter, used oil processor/re-refiner, or used oil marketer, obtain an EPA identification number by:

(a) Applying for an EPA identification number online using the MyRCRAId electronic system or another equivalent online system; or

(b) Submitting a completed EPA Form 8700-12 to the Department;

(7) If burning used oil as fuel, comply with the fuel-burning equipment registration or air quality permitting requirements in COMAR 26.11.02.02; and

(8) If applicable, obtain a State discharge permit or National Pollutant Discharge Elimination System permit from the Department in accordance with COMAR 26.08.04.

E. An owner, an operator, and a person in charge of a used oil processor/re-refiner facility shall:

(1) Comply with the general facility standards for preparedness and prevention, prepare a contingency plan, and implement emergency procedures in accordance with 40 CFR § 279.52; and

(2) In accordance with 40 CFR § 279.55, develop, follow, and keep at the facility a written analysis plan used to determine:

(a) The total halogen content of used oil in accordance with Regulation .05A of this chapter; and

(b) If the used oil is to be burned as fuel, whether the used oil meets the specifications in COMAR 26.11.10.09B in accordance with Regulation .05B of this chapter.

Md. Code Regs. 26.10.15.04

Regulation .04 adopted effective 49:12 Md. R. 642, eff. 6/13/2022