N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 374-2.1 - Definitions

(a) Terms that are defined in sections 370.2 and 371.1 of this Title have the same meanings when used in this Subpart, unless otherwise defined in this Subpart. Terms relevant to the interpretation of Part 360 of this Title have the same meanings as given in Part 360 of this Title.

(b) For the purposes of this Subpart, the following definitions apply:

(1)Aboveground used oil tank means a tank used to store or process used oil that is not an underground used oil tank.

(2)Aboveground used oil tank system means any tank system that is not an underground tank system.

(3)Accessible underground area means an underground room - such as a basement, cellar, shaft, or vault - that allows for the physical inspection of the entire exterior of the tank component of the tank system.

(4)Adjacent towns or cities means towns and cities that share a common border with each other.

(5)Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

(6)Contract means a promissory agreement between two or more persons to perform or not perform a particular act.

(7)Do-it-yourselfer used oil collection center, or DIY used oil collection center, means any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers.

(8)Existing tank means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to January 14, 1995. Installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin installation of the tank and if either:

(i) a continuous on-site installation program has begun; or

(ii) the owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for installation of the tank to be completed within a reasonable time.

(9)Household do-it-yourselfer used oil, or DIY used oil, means oil that is derived from households, such as used oil generated by individuals through the maintenance of their personal vehicles.

(10)Household do-it-yourselfer used oil generator, or DIY used oil generator means an individual who generates household do-it-yourselfer used oil.

(11)Lubricating oil means all oil suitable for use as a lubricant, or sold for use as a lubricant.

(12)New tank means a tank that will be used to store or process used oil and for which installation has commenced after January 14, 1995.

(13)On-premises oil changing operation means any commercial operation that drains or collects used lubricating oil and replaces it with new or re-refined lubricating oil.

(14)Petroleum refining facility means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes (facilities within the classification under the North American Industry Classification System).

(15)Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

(16)Release means any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of used oil into the waters of the State or onto lands from which it might flow or drain into said waters, or into waters outside the jurisdiction of the State when damage may result to lands, waters, or natural resources within the jurisdiction of the State.

(17)Re-refining distillation bottoms means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

(18)Retail means the sale of lubricating oil to consumers in containers of five gallons or less for direct use by the consumer and not offered for resale.

(19)Retail establishment means every vendor that sells lubricating oil at retail in quantities in excess of 1,000 gallons per year.

(20)Service establishment means any automobile service station, including gas only outlets, or any other retail outlet and boat marina, selling at least 500 gallons of lubricating oil annually and having an on-premises oil changing operation.

(21)Spill means the accidental leaking, pumping, emitting, emptying or dumping of hazardous waste, used oil or materials which, when spilled, become hazardous wastes, out of the ordinary containers employed in the normal course of storage, transfer, processing or use.

(22)Tank means any stationary device, designed to contain an accumulation of used oil which is constructed primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic) which provides structural support.

(23)Tank system means a used oil storage or processing tank and its associated ancillary equipment and containment system.

(24)Total halogens means the total of organic and inorganic halides (fluorine, F; chlorine, Cl; bromine, Br; iodine, I), expressed as chloride present in a used oil, in parts per million (ppm) by weight.

(25)Underground used oil tank means any one or combination of tanks (including any piping connected thereto) that is used to contain an accumulation of used oil, the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include a tank system situated in an "accessible underground area."

(26)Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has been used, and as a result of such use, is contaminated by physical or chemical impurities.

(27)Used oil aggregation point means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.

(28)Used oil burner means a facility where used oil not meeting the specification requirements in section 374-2.2(b)(1) of this Subpart is burned for energy recovery in devices identified in section 374-2.7(b) of this Subpart.

(29)Used oil collection center means any site or facility that is recognized by this department pursuant to section 374-2.4(b)(2) of this Subpart, to manage used oil, and accepts/aggregates and stores used oil collected from used oil generators regulated under section 374-2.3 of this Subpart, who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of section 374-2.3(e) of this Subpart. Used oil collection centers may also accept used oil from household do-it-yourselfers.

(30)Used oil fuel marketer means any person who conducts either of the following activities:

(i) directs a shipment of off-specification used oil from their facility to a used oil burner; or

(ii) first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 374-2.2(b)(1) of this Subpart.

(31)Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

(32)Used oil processor/re-refiner means a facility that processes and/or re-refines used oil.

(33)Used oil transfer facility means any transportation related facility including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to section 374-2.3(a)(2)(ii) of this Subpart. Transfer facilities that store used oil for more than 35 days are subject to regulation under section 374-2.6 of this Subpart.

(34)Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.1

Amended New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 11/11/2015

Amended New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020