Section Env-Hw 807.09 - Standards for Marketers of Used Oil Being Recycled(a) This section shall apply to all used oil marketers as identified in Env-Hw 807.08.(b) A used oil marketer shall comply with the following requirements:(1) A used oil marketer shall notify the department of used oil management activities by completing and submitting to the department a notification form obtained from the department that includes the following: a. The information specified in Env-Hw 504.02(a), as applicable; andb. A statement signed by the marketer's authorized representative certifying, as specified in Env-Hw 207, the information provided on the notification form.(2) A used oil marketer shall notify the department of used oil management activities even if the used oil marketer has previously obtained an EPA identification number for other hazardous waste management activities;(3) A marketer shall perform sampling and analyses in accordance with Env-Hw 807.05 for the parameters specified in Env-Hw 807.02 and Env-Hw 807.03 on used oil being marketed;(4) A marketer shall assign a unique number or code to each batch of used oil tested and record the number or code on the corresponding analytical reports and on the bill of lading or hazardous waste manifest documenting shipment of that batch;(5) If a previously tested batch is subsequently mixed with more used oil, a new number or code shall be assigned to the consolidated batch and testing shall be repeated prior to marketing;(6) A marketer may market specification or off-specification used oil subject to the following restrictions:a. Off-specification used oil shall be marketed only to rerefiners or to owners and operators of burning devices identified in Env-Hw 807.10(b)(4), or to other marketers; andb. Specification used oil shall be marketed only to rerefiners or to owners and operators of burning devices identified in Env-Hw 807.10(b)(5), or to other marketers;(7) When initiating a shipment of used oil, a marketer shall use a 3-copy bill of lading as described in Env-Hw 807.06(b)(11);(8) In addition to the information required by Env-Hw 807.06(b)(11), a marketer shall indicate, on the bill of lading, the batch code or number corresponding to the batch being shipped and whether the oil is specification or off-specification used oil;(9) A copy of the analytical report shall accompany the bill of lading;(10) The marketer, transporter, and the receiving facility shall each maintain on file a copy of the bill of lading;(11) The following notices shall be required:a. Before initiating the first shipment of used oil to a burner, rerefiner, or other marketer, the marketer shall obtain a one-time written and signed notice from the recipient certifying, as specified in Env-Hw 207, that: 1. The recipient of the used oil has notified the department of the recipient's used oil management activities; and2. If the recipient is a burner, the recipient will burn the used oil only in a device that complies with Env-Hw 807.10; andb. Before accepting the first shipment of used oil from another marketer subject to this section, the receiving marketer shall provide the shipping marketer with a one-time written and signed notice certifying, as specified in Env-Hw 207, that the receiving marketer has notified the department of the receiving marketer's used oil management activities;(12) A marketer shall keep the following records on file: a. A copy of each certification notice that the marketer receives or sends for 3 years from the date the marketer last engages in a used oil marketing transaction with the person who sends or receives the certification notice;b. Copies of all used oil analysis reports for 3 years from the date that the oil is marketed to another marketer, rerefiner, or burner;c. A copy of each bill of lading for 3 years from the date of shipment; andd. An operating log, with the following information regarding each shipment of used oil fuel, for 3 years from the date of shipment:1. The name and address of the facility receiving the shipment;2. The quantity of used oil fuel delivered;3. The date of shipment or delivery; and4. A cross-reference to the record of the used oil analysis, including the batch code or number; and(13) The 3-year record retention period specified in (b)(12), above, shall be extended automatically while any enforcement action is pending.N.H. Code Admin. R. Env-Hw 807.09
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; 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.