Section Env-Hw 807.06 - Standards for Generators of Used Oil Being Recycled(a) This section shall apply to:(1) Any person who generates used oil that is destined to be burned for energy recovery or re-refined; and(2) Any person, including any municipality, that collects used oil generated as a household waste as described in (b)(7), below.(b) A generator who stores used oil on-site shall comply with the following requirements: (1) The used oil shall be stored in containers that meet the US DOT container specifications under 49 CFR 173 or in a structurally sound tank;(2) Used oil containers and tanks shall be clearly labeled with the words "Used Oil for Recycle" at all times during accumulation and storage;(3) A generator shall ensure that containers or tanks are closed at all times except when used oil is being added to or removed from the container or tank;(4) All tanks and containers shall be maintained and operated to prevent spillage, seepage, or other discharge of used oil into storm or sanitary sewers, onto the land, or into groundwater or surface waters;(5) Subject to (b)(7), below, a generator shall conduct an initial used oil determination on the used oil by analyzing it for all of the parameters specified in Env-Hw 807.02 and Env-Hw 807.03, except that a generator may omit the analysis for PCBs if no sources of PCBs are present in the process generating the used oil;(6) The analysis required by (b)(5), above, shall be repeated whenever the process generating the used oil changes, or the oil has been mixed with other materials. In cases where used oils from 2 or more different sources are collected in one container or tank in proportions that vary over time, the generator shall conduct analyses with sufficient frequency to ensure that the oil is correctly classified before being offered for transport;(7) A municipality that collects used oil generated as a household waste and a generator of used oils that are comprised solely of used automotive oils may omit the initial used oil determination required by (b)(5) and (6), above, if the municipality or generator ensures that the oil is not mixed with any other types of oil or wastes. For the purposes of this exemption, automotive oil means motor, engine, and gear oils, and transmission and brake fluids;(8) A generator shall not mix used oil with any other hazardous waste;(9) A generator shall deliver used oil to a facility authorized to accept used oil, or burn the used oil on-site in accordance with Env-Hw 807.10;(10) Subject to (b)(12), below, used oil shall be transported by duly registered hazardous waste transporters only, using a 3-copy bill of lading that contains the information specified in (b)(11), below;(11) Each bill of lading for used oil shall include the following information:a. A shipment number unique to each shipment;b. The name and site address of the generator/shipper, transporter/carrier, and receiving facility/consignee;c. The EPA identification number of:1. The shipper, if the shipper is required by Env-Hw 504 to have a number;3. The receiving facility;d. The quantity of used oil to be delivered;e. The date of shipment and date of delivery; andf. A statement signed by the generator certifying, as specified in Env-Hw 207, that the used oil:1. Is destined to be recycled and is subject to regulation by the department under Env-Hw 807;2. Is not a hazardous waste fuel as defined in Env-Hw 807.04; and3. Has not been mixed with any other hazardous wastes identified in Env-Hw 400 or any used oil classified as hazardous waste fuel under Env-Hw 807.04;(12) If specification or off-specification used oil is being shipped within New Hampshire or to state that requires the use of a hazardous waste manifest: a. A hazardous waste manifest may be used in lieu of a bill of lading; andb. The NH01 waste code shall not be recorded on the manifest;(13) Generators who market their used oil directly to a burner shall comply with Env-Hw 807.09;(14) Generators who burn their own used oil shall comply with Env-Hw 807.10; and(15) Generators shall maintain on file copies of:a. All bills of lading for 3 years from the date of shipment; andb. Used oil analyses for 3 years from the date that the used oil was last generated, stored, or burned on site.N.H. Code Admin. R. Env-Hw 807.06
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12350, Effective 8/14/2017, Expires 8/14/2027.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029.