Section 250-RICR-140-10-1.16 - Used Oil Management Standards1.16.1Purpose and ApplicabilityA. This rule provides an alternative to managing used oil as hazardous waste under §1.7.3 of this Part (Hazardous Waste Determination); it identifies those materials that may and may not be managed as used oil, and establishes standards for their handling, storage, transport, aggregation, collection, and burning of used oil as fuel. This rule also establishes management standards for used oil that is reused, sent for reclamation, processed or burned for energy recovery. Used oil, as defined in § 1.5 of this Part, that is to be reused, reclaimed, processed, re-refined or burned for energy recovery is subject to the requirements of § 1.16 of this Part. This rule does not apply to used oil, or material derived from used oil, that is disposed of, sent for disposal or used in a manner constituting disposal, that shall be evaluated to determine if the used oil is subject to regulation as a hazardous waste in accordance with §1.7.3 of this Part (Hazardous Waste Determination). Used oil that does not meet the definition of a hazardous waste and is not managed in accordance with § 1.11 of this Part shall be managed as a solid waste in accordance with the applicable regulations. 1. Used oil that exhibits any of the hazardous waste characteristics identified in § 1.5 of this Part or in 40 C.F.R. Part 261 Subpart C is subject to § 1.16 of this Part except that the used oil may be excluded from burning for energy recovery pursuant to §§ 1.5 and 1.16.3(A)(5) of this Part.2. Mixtures of used oil and hazardous wastes that are federally listed in 40 C.F.R. Part 261 Subpart D shall be managed as hazardous waste a. Used oil that contains greater than 1,000 ppm of total halogens is presumed to have been mixed with one or more halogenated hazardous wastes listed in 40 C.F.R. Part 261 Subpart D. Persons may rebut the presumption that the used oil has been mixed with the hazardous waste designated in 40 C.F.R. § 261.31(a) as F001 or F002 by demonstrating through analysis that none of the following halogenated hazardous waste constituents are present in the used oil at a concentration of greater than 100 parts per million: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, 1,1,2-trichloro-1,2,2-triflouroethane, ortho-dichlorobenzene, trichlorofluoromethane or 1,1,2-trichloroethane. To rebut the presumption that the used oil has been mixed with any hazardous waste, other than F001 or F002, listed in 40 C.F.R. Part 261, Subpart D, a person shall demonstrate that the used oil does not contain hazardous waste by having the used oil analyzed in accordance with §1.7.3 of this Part and demonstrating that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 C.F.R. Part 261. Unless and until such person has rebutted the presumption, a used oil containing more than 1,000 parts per million total halogens shall be considered a hazardous waste and shall be managed as such.b. The rebuttable presumption set forth in §1.16.1(A)(2)(a) of this Part does not apply to metal working oils/fluids that contain chlorinated paraffins that are reclaimed/processed under a tolling arrangement as defined in § 1.5 of this Part. Metal working oils/fluids that are recycled in any other manner are subject to the rebuttable presumption set forth in §1.16.1(A)(2)(a) of this Part.c. Used oil contaminated with Chlorofluorocarbons (CFCs) removed from refrigeration units that are destined for reclamation is not subject to the rebuttable presumption set forth in §1.16.1(A)(2)(a) of this Part. The rebuttable presumption does apply to used oil contaminated with CFCs from sources other than refrigeration units.3. Mixtures of used oil and hazardous waste where the hazardous waste mixed with the used oil is hazardous only because it exhibits the characteristic of ignitability identified in 40 C.F.R. § 261.21 are subject to this rule and may be managed accordingly if the resultant mixture does not exhibit any characteristics of hazardous waste identified in 40 C.F.R. Part 261 Subpart C. a. Mixtures of used oil and ignitable hazardous waste that do not meet the criteria listed in §1.16.1(A)(3) of this Part are not subject to this Part and shall be managed in accordance with § 1.7 of this Part.4. Materials containing or otherwise contaminated with used oil are regulated as used oil under this Part, unless the used oil has been drained or removed to the extent practicable so that no free flowing liquid is present. Such materials, if all free flowing used oil is removed, are subject to the waste characterization requirements under §1.7.3 of this Part (Hazardous Waste Determination) and may be subject to additional requirements of this Part if the materials meet the definition of Hazardous Waste. Materials contaminated with used oil that are burned for energy recovery in accordance with §1.16.3 of this Part are regulated under this Part. Mixtures of used oil and any petroleum based products shall be managed in accordance with § 1.16 of this Part.5. Used automotive engine oil filters that are not terne-plated and were not contaminated by mixtures of used oil and any Federally listed hazardous waste identified in 40 C.F.R. Part 261 Subpart D are not subject to § 1.16 or §§ 1.1 through and including 1.10 and 1.18 of this Part if the filters were gravity hot-drained using one of the following methods: a. Puncturing the filter anti-drain back valve or the filter dome end and hot draining;b. Hot-draining and mechanically crushing the filter;c. Any other equivalent hot draining method that will remove all pourable liquids from the filter; ord. Cold-draining and crushing using a mechanical, pneumatic, or hydraulic device designed for the purpose of crushing oil filters and effectively removing the oil.6. Used automotive engine oil filters that are terne-plated are not subject to § 1.16 or §§ 1.1 through and including 1.10 and 1.18 of this Part if the generator processes the filters in accordance with §1.16.1(A)(5) of this Part, sends the processed filters out for scrap metal reclamation and documents the recycling of the filters.7. All free liquids that are collected as a result of any draining activity shall be properly managed in accordance with § 1.16 of this Part. Used automotive oil filters that are not fully drained using one of the methods prescribed above may be managed as a material contaminated with used oil in accordance with the requirements of § 1.16 of this Part.8. Materials derived or otherwise reclaimed from used oil that are used in place of new product and are not burned for energy recovery or used in a manner constituting disposal are not used oil, are not hazardous waste and are not solid waste. Materials derived from used oil that are burned for energy recovery are subject to the requirements of §1.16.3 of this Part. Materials derived from used oil that are used in a manner constituting disposal are subject to the requirements of § 1.7 of this Part.9. Wastewater contaminated with "De Minimis" quantities of used oil that is discharged in accordance with the Department's Water Quality Regulations (Part 150-05-1 of this Title), permits issued by local POTWs and Section 307 or Section 402 of the Clean Water Act is not regulated by this Part. De Minimis quantities for the purpose of this Rule shall be defined as leaks or drippings from equipment or machinery that enter the wastewater treatment system inadvertently during normal operations or maintenance. Used oil that enters a wastewater treatment system as a result of abnormal manufacturing processes (e.g., pipeline or pump failures) or by direct discharges and any used oil removed from wastewater is subject to § 1.16 of this Part.10. Used oil produced on vessels from shipboard operations is not subject to § 1.16 of this Part until it is transported onto shore.11. Used oil containing levels of polychlorinated biphenyls (PCBs) that are determined to be below 50 ppm through analytical testing (or by satisfying the requirements of 40 C.F.R. § 761.2) may be managed under § 1.16 of this Part. Used oil containing PCBs at levels of 50 ppm or greater are hazardous wastes as defined in § 1.5 of this Part and shall be managed in accordance with §§ 1.1 through 1.10 and 1.18 of this Part.12. Household used oil generators are exempt from the provisions of § 1.16 of this Part. Once household generator used oil is in the possession of a used oil collection center, used oil transporter, used oil burner, or used oil processor/re-refiner, the used oil is subject to regulation under this rule.13. Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to the requirements of this rule.14. Mixtures of used oil and fuel or other fuel products and tank bottoms from such mixtures are subject to this Part.15. Used oil burners, used oil generators, used oil transporters, used oil temporary storage facilities, used oil collection centers, used oil aggregation points, used oil processor/re-refiners and used oil marketers while handling used oil may also be subject to federal regulation by the USEPA pursuant to the Code of Federal Regulations (C.F.R.). Used oils containing any quantifiable levels of polychlorinated biphenyls (PCBs) are subject to regulation under 40 C.F.R. § 761.20(e). Used oils containing PCBs at levels of 50 ppm or greater are subject to regulation under all of 40 C.F.R. Part 761 . The storage of used oil on-site may also be subject to regulation by the USEPA under 40 C.F.R. Part 112 (SPCC Program).1.16.2Prohibitions:A. The following uses or activities are prohibited:1. The mixing of hazardous wastes with used oil, except as provided for in §1.16.1(A)(3) of this Part;2. The use of any used oil for road oiling or dust suppression;3. Burning off-specification used oil as defined in §1.16.3 of this Part, unless the used oil is generated on-site or at a used oil aggregations point also under the control of the generator and burned in used oil burning equipment with a capacity of equal to or less than five hundred thousand (500,000) Btu per hour;4. Burning used oil for firefighter training;5. Management of used oil in anything other than containers or tanks;6. Any disposal of used oil to the land or waters of the State;7. The disposal of used oil into a subsurface discharge system or Underground Injection Control system (UIC); and8. Shipment of used oil to a facility that has not notified the Department of its used oil activity and/or obtained the appropriate Letter of Authorization or Permit as required by § 1.16 of this Part; unless the used oil is being managed as a hazardous waste in accordance with the requirements of §§ 1.7 and 1.8 of this Part.1.16.3Burning Used Oil for Energy Recovery:A. This rule applies to owners and operators of used oil burning equipment as defined in § 1.5 of this Part. Used oil, or any fuel produced by processing used oil, may only be burned at a commercial facility in a space heater, industrial furnace or boiler provided that the used oil burner conducting the burning complies with all of the requirements of this rule. Used Oil Processor/re-refiner facilities that burn small amounts of used oil as a result of processing used oil are not subject to the requirements of §1.16.3 of this Part. 1. Used oil burners that utilize used oil burning equipment with heat input capacity of less than or equal to 500,000 BTU/hr to burn either specification used oil or off-specification used oil shall comply with the following requirements: a. The used oil burner only burns used oil that is generated on-site by routine facility processes; andb. The emissions produced by the used oil burning equipment are vented to ambient air outside of any building or structure.2. Used oil burners that utilize used oil burning equipment with heat input capacity of less than or equal to 500,000 BTU/hr to burn specification used oil that was not generated on-site shall comply with the following requirements: a. Prior to burning, the used oil burner has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the used oil generator, used oil transporter, or used oil processor/re-refiner to verify that it meets the definition of specification used oil;b. The used oil burner shall maintain copies of the actual analytical testing results at the facility where the burning activity occurs for a period of at least (3) three years and shall provide such records to the DEM upon request;c. The used oil burner may aggregate off-specification used oil generated on-site or at a used oil aggregations point also under the control of the generator with virgin oil or specification used oil for the purposes of burning used oil on-site provided that the used oil burner first has the mixture of used oil analyzed to ensure that it meets the definition of specification used oil in accordance with this section, but may not aggregate for the purposes of producing specification used oil for offsite shipment;d. The used oil burner, prior to burning any used oil, shall notify the Department's Office of Air Resources of his/her intent to burn specification used oil in accordance with § 1.16 of this Part. Used oil burners subject to the requirements of §1.16.3(A)(2) of this Part shall obtain an EPA Identification Number as per §1.7.4(A) of this Part.3. Used oil burners that utilize used oil burning equipment with heat inputs of greater than 500,000 BTUs/hr but less than 1,000,000 BTUs/hr to burn used oil shall comply with the following requirements: a. The used oil burner only burns used oil that meets the definition of specification used oil contained in §1.16.3 of this Part;b. Prior to burning, the used oil burner has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the used oil generator, used oil transporter, or used oil processor/re-refiner to verify that it meets the definition of specification used oil;c. The used oil burner shall maintain records of analytical testing at the facility where the burning activity occurs for a period of at least three years and shall provide such records to the DEM upon request;d. The used oil burner may aggregate off-specification used oil generated on-site with virgin oil or specification used oil for the purposes of burning used oil on-site provided that the used oil burner first has the mixture of used oil analyzed to ensure that it meets the definition of specification used oil in accordance with this rule, but may not aggregate for the purposes of producing specification used oil for offsite shipment;e. The used oil burner, prior to burning any used oil, shall notify the Department's Office of Air Resources of his/her intent to burn specification used oil in accordance with § 1.16 of this Part. Used oil burners subject to the requirements of §1.16.3(A)(3) of this Part shall obtain an EPA Identification Number as per §1.7.4(A) of this Part.4. Used oil burners that utilize used oil burning equipment with heat inputs of greater than or equal to 1,000,000 BTUs/hr to burn used oil shall comply with the following requirements: a. The used oil burner only burns used oil that meets the definition of specification used oil contained in these regulations;b. Prior to burning the used oil burner has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the generator, transporter or processor, to verify that it meets the definition of specification used oil;c. The used oil burner shall maintain records of analytical testing at the facility where the burning activity occurs for a period of at least three years and shall provide such records to the Department upon request;d. The used oil burner may aggregate off-specification used oil generated on-site with virgin oil or specification used oil for the purposes of burning used oil on-site provided that the used oil burner first has the mixture of used oil analyzed to ensure that it meets the definition of specification used oil in accordance with this rule, but may not aggregate for the purposes of producing specification used oil for offsite shipment;e. The used oil burner shall obtain written approval for such activity from the Department's Office of Air Resources pursuant to its Air Pollution Control Regulations (Chapter 120 Subchapter 05 of this Title) prior to burning used oil. Used oil burners subject to the requirements of §1.16.3(A)(4) of this Part shall obtain an EPA Identification Number by submitting a completed notification to the Department as per §1.7.4(A) of this Part.5. Specification used oil shall meet the limits established in Table 3, §1.16.3(A)(6) of this Part below. Used oil burners, used oil generators, used oil transporters, used oil collection centers, used oil aggregation points, used oil processor/re-refiners and used oil marketers shall conduct the analytical test methods listed in Table 3, §1.16.3(A)(6) of this Part below in order to demonstrate that their used oil meets the definition of specification used oil. Alternate test methods may be used provided the person, prior to testing, documents in writing that the test method to be used is approved by the EPA.6. Table 3: Constituent/ property, Allowable levels, Test methods Table 3 |
Constituent/property | Allowable levels (Using Column C test methods) | Test Methods |
Arsenic | 5 ppm maximum | EPA Methods 7060A, 761A, 7062, 6010B, or 6020 |
Cadmium | 2 ppm maximum | EPA Methods 7130, 7131A, 6010B, or 6020 |
Chromium | 10 ppm maximum | EPA Methods 7190, 7191, 6010B, or 6020 |
Lead | 100 ppm maximum | EPA Methods 7420, 7421, 6010B, or 6020 |
Polychlorinated biphenyls (PCBS) | <2 ppm | EPA Method 600/ 4-81-045 |
Flash Point | 100 Degrees F minimum | EPA Methods 1010 or 1020A |
Total Halogens | 1,000 (see Rules 15(E)(1)) | EPA Methods 9075, 9076, 9077, 5050/9056, 5050/9253, or ASTM Method D 808-95 |
a. Used oil that contains greater than 1,000 ppm total halogens is presumed to be a hazardous waste and is subject to the rebuttable presumption set forth in §1.16.1(A)(2)(a) of this Part. If the used oil burner successfully demonstrates that the halogens contained in the used oil are not listed in 40 C.F.R. Part 261 Subpart D, then the allowable level of total halogens will be a maximum of 4,000 ppm.b. Test Methods identified in Table 3, §1.16.3(A)(6) of this Part, as EPA Methods shall mean the test method as described in EPA Publication SW-846, as incorporated by reference in 40 C.F.R. § 260.11 of this chapter.7. Used oil burners are subject to any applicable sections of the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter) and the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter) and shall also comply with all of the following storage and handling requirements: a. Storage Units: Used oil burners shall not store used oil in units other than tanks and containers.b. Condition of Storage Units: Containers and aboveground storage tanks used to store used oil on-site shall be: (1) In good condition and free of severe rusting, corrosion or structural defects. In the event that a container or aboveground storage tank has deteriorated to a point at which the container or tank threatens to leak, the used oil burner shall transfer the used oil from the failing storage unit to a container or above ground storage tank that is in good condition;(2) Liquid tight with no visible leaks.c. Secondary Containment for Containers and Aboveground Tanks: Containers and aboveground tanks used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following: (1) An impervious floor or bottom covering the entire storage area; and(2) Dikes, berms or walls capable of containing a spill or release; and(3) A capacity equivalent to a minimum of 100% of the volume of used oil stored at the facility; and(4) The entire system shall be impervious to used oil to prevent a release; or(5) An equivalent containment system may be substituted if prior approval is obtained from the Director.d. Storage in Underground Storage Tanks (USTs): Used oil burners that store used oil in USTs shall do so in accordance with the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).e. Exterior Storage: Used oil burners that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department's Office of Water Resources prior to the construction of the storage area.f. Labeling: Containers and aboveground storage tanks used to store used oil on-site shall be clearly and permanently marked with the words "Used Oil". Fill pipes for underground storage tanks used to store used oil at a used oil burner's facility shall be clearly marked with the words "Used Oil". Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).g. Response to releases: Upon detection of a release of used oil a used oil burner shall perform the following:(1) Comply with the requirements of the Oil Pollution Control Regulations, the Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and all other applicable Federal, State and Municipal Statutes, Rules and(2) Regulations relating to the release and handling of oil/pollutants;(3) Take immediate steps to stop the release;(4) Contains all of the released used oil;(5) Clean up and properly manage the used oil and any other materials that were contaminated with used oil;(6) Repair or replace any leaking or damaged storage units; and(7) Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and, if required by 49 C.F.R. § 171.15, notify the National Response Center ( 800-424-8802).h. Tracking: Used oil burners who receive used oil from off-site shall keep a record of each shipment of used oil for a period of at least three years. This record shall contain at least the following information: (1) Name, address and EPA Identification number, if applicable, of the used oil generator or used oil processor/re-refiner that generated the used oil;(2) The name, address and EPA Identification number of the used oil transporter who delivered the used oil;(3) Quantity of used oil received;(4) Date of shipment or delivery;(5) A cross-reference to the record of the used oil analysis or other information used to make the determination that the used oil meets the definition of specification used oil prior to burning.8. Management of Residues: Used oil burners who generate residues from the storage or burning of used oil shall manage the residues in compliance with this Part.1.16.4Used Oil Generator Standards:A. Used oil generators are subject to the requirements of this Part. Household used oil generators are not subject to the requirements of this rule. Once household used oil is accepted by a used oil collection center the used oil is subject to regulation under this Part. The owner or operator of vessels and the person removing or accepting used oil from the vessel are co-generators of the used oil and both are responsible for managing the used oil in compliance with this Part once the used oil is transported ashore. The co-generators may decide which of them will fulfill the requirements of this Part. Used oil generators shall store used oil on-site in containers, aboveground storage tanks or in underground storage tanks only provided that they comply with the following requirements: 1. Container Storage: Used oil generators that store used oil in containers shall do so in accordance with the following requirements: a. The amount of used oil stored on-site by a used oil generator shall not exceed 1,320 gallons (equivalent to twenty-four 55 gallon drums) unless the used oil generator: (1) Prepares a contingency plan that satisfies all of the requirements of § 1.7 of this Part and maintains the plan on-site for use in case of a fire spill or emergency;(2) Does not store the excess used oil (amount greater than 1,320 gallons) on-site for greater than 180 days; and(3) Marks the containers holding the excess used oil with the initial date upon which the excess used oil began accumulating.b. Containers holding used oil shall be in good condition and free of rusting or structural defects that threaten the integrity of the container. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;c. Containers holding used oil shall be clearly marked with the words "Used Oil"; andd. Containers of used oil that are stored outside the facility shall be placed on an impervious surface under a roofed structure and protected from precipitation and flooding.e. Containers shall be kept closed except when adding or removing used oil.2. Storage in Aboveground Storage Tanks (ASTs): Generators that store used oil in ASTs shall do so in accordance with the following requirements: a. ASTs used by used oil generators to store used oil shall be registered with the Department. AST's shall follow the management standards outlined in the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter);b. Aboveground storage tanks holding used oil shall be permanently marked with the words "Used Oil"; andc. Aboveground storage tanks holding used oil shall be kept closed at all times, unless adding or removing used oil.3. Storage in Underground Storage Tanks (USTs): Used oil generators that store used oil in USTs shall do so in accordance with the following requirements: a. Underground storage tanks used for storing used oil shall be registered with the Department and managed in accordance with the Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (Subchapter 25 Part 1 of this Chapter); andb. Underground storage tanks holding used oil shall have the fill pipe marked or labeled to clearly indicate used oil storage.4. Response to Used Oil Releases: Used oil generators shall maintain an adequate volume of spill control equipment on-site to contain and clean up the entire volume of used oil stored on-site and upon detection of a release of used oil shall:a. Take immediate steps to stop and control the release;b. Clean up, contain and properly manage the used oil and other resultant wastes;c. Repair or replace all damaged or leaking containers or tanks prior to returning them to service;d. Notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070); the local authorities and, if required by 49 C.F.R. § 171.15, notify the National Response Center ( 800-424-8802); ande. Comply with the requirements of the "Oil Pollution Control Regulations" (Subchapter 25 Part 2 of this Chapter), "Rules and Regulations for Underground Storage Facilities Used For Petroleum Products and Hazardous Materials" (Subchapter 25 Part 1 of this Chapter) and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.5. Processing of Used Oil: Except as provided in §§1.16.4(A)(5)(a) through (e) of this Part below; used oil generators that process or re-refine used oil are subject to the requirements of §1.16.8(H) of the Part. Used oil generators may conduct the following activities provided that the used oil is not sent off-site for burning as specification used oil: a. Filtering, cleaning or otherwise reconditioning used oil before returning it for reuse by the generator;b. Separating used oil from wastewater generated on-site to make the wastewater suitable for discharge in accordance with a permit issued by a local Publicly Owned Treatment Works (POTWs), thec. Department's Water Quality Regulations (Part 150-05-1 of this Title) and Section 307 or 402 of the Clean Water Act;d. Using oil mist collectors to remove used oil from the in-plant air to make the air in the plant suitable for continued recirculation;e. Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove the oil to the extent practicable pursuant to § 1.16(A)(4) of this Part; andf. Filtering, separating or otherwise reconditioning used oil before burning it on-site in a space heater in accordance with §1.16.4(A)(6) of this Part.6. Burning of used oil on-site. Used oil generators may burn used oil on-site in space heaters in accordance with the provisions of §1.16.3 of this Part.7. Off-site shipments. Except as provided in §§1.16.4(A)(7)(a) and (b) of this Part, used oil generators shall ensure that their used oil is shipped off-site by a used oil transporter who is permitted by the Department in accordance with §§ 1.11(G) and 1.5 of this Part. a. Self-transportation: A used oil generator of used oil may transport used oil generated on-site without complying with the transporter requirements contained in §1.16.7 of this Part, provided that: (1) The used oil is transported in a vehicle owned by the used oil generator or a vehicle owned by an employee of the used oil generator;(2) Not more than 55 gallons of used oil is transported at any time;(3) Containers used to transport used oil shall meet USDOT standards and be USDOT approved; and(4) The used oil is transported to an aggregation point as defined in §1.16.5 of this Part.b. Tolling arrangements: Used oil generators may arrange for used oil to be transported by a used oil transporter that does not have an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the used oil processor/re-refiner to the used oil generator for use as a lubricant, cutting oil or coolant. The contract (known as a "tolling arrangement") shall indicate the following: (1) The type of used oil and the frequency of shipments;(2) That the vehicle used to transport the used oil to the processing/re-refining facility and to deliver the recycled used oil back to the used oil generator is owned and operated by the used oil processor/re-refiner; and(3) That the reclaimed oil will be returned to the used oil generator.c. Tracking: Used oil generators shall keep a record of each used oil shipment sent off-site for processing or burning for a period of at least three years that shall include the following: (1) The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;(2) The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;(3) The quantity of used oil shipped;(4) The date the used oil was received by the used oil transporter or used oil processor/re-refiner; and(5) The name and signature of an agent of the used oil generator, used oil transporter or used oil processor/re-refiner that provided the used oil for transport.8. Service Companies: Companies that service oil-fired furnaces that heat buildings may self-transport quantities of used oil not greater than five (5) gallons generated by their service activity back to their facility in accordance with the following requirements: a. The used oil shall be placed in a closed container;b. The container shall be marked with the words "Used Oil";c. The vehicle used for the transportation shall have adequate spill control material in the vehicle at all times;d. The used oil shall be transferred to an appropriate storage container or tank upon return to the company's place of business;e. The company shall be considered to be the generator of the used oil and shall manage the used oil in accordance with all of the applicable requirements of § 1.16 of this Part.9. The rebuttable presumption contained in §1.16.1(A)(2) of this Part applies to used oil generated and managed by used oil generators.1.16.5Used Oil Aggregation Points:A. Applicability. This rule applies to owners or operators of all used oil aggregation points as defined in § 1.5 of this Part.B. Used Oil Aggregation Point requirements. Used oil generators may consolidate used oil from multiple facilities that are owned and operated by their company at used oil aggregation points for storage purposes prior to shipping off-site or burning on-site as defined under §1.16.3 of this Part provided that they comply with all of the used oil generator requirements contained in §1.16.4 of this Part.C. Transportation. Owners and operators of used oil aggregation points may transport used oil without a permit from the point of generation to used oil aggregation points in shipments of not more than 55 gallons at one time in accordance with the requirements of §1.16.4(A)(7)(a) of this Part.1.16.6Used Oil Collection Centers:A. Applicability. This rule applies to owners or operators of used oil collection centers as defined in § 1.5 of this Part.B. Persons who own or operate a used oil collection center shall obtain an EPA Identification Number and notify the Department of such activity and by submitting a completed Notification as per §1.7.4 of this Part.C. Used Oil Collection Center requirements. Owners and operators of used oil collection centers shall comply with all of the used oil generator requirements contained in § 1.11(D) of this Part.D. Receiving Used Oil: Used oil collection centers may accept household used oil only. Used oil collection centers that receive used oil that does not meet the definition of a household used oil are considered used oil processor/re-refining facilities and are subject to the requirements of § 1.11(H) of this Part.1.16.7Used Oil Transporter and Temporary Storage Facility Standards:A. Applicability: This Rule shall apply to used oil transporters as defined in § 1.5 of this Part. Used oil transporters who import or export used oil are subject to this rule while the used oil is within the State of Rhode Island.B. Exceptions: The following persons and activities are not subject to the requirements of this rule: 1. On-site transportation of used oil by a used oil generator or the owner or operator of the facility;2. Used oil generators who transport their used oil to aggregation points that are owned and operated by the used oil generator in shipments of not more than 55 gallons in accordance with the requirements of §1.16.4(A)(7)(a) of this Part;3. Transportation of household used oil to a used oil collection center by a household used oil generator.C. Transporter Restriction: 1. Used oil transporters may not consolidate or aggregate loads of used oil at their facility unless they comply with the requirements of §1.16.7(H) of this Part and may not process or re-refine used oil unless they comply with §1.16.8 of this Part;2. Transportation units used to transport hazardous waste shall be properly decontaminated in accordance with §1.8.10 of this Part before transporting used oil; and3. Used oil transporters that direct a shipment of specification used oil to a used oil burner or first claim that the used oil meets the requirements for specification used oil shall be subject to the requirements of §1.16.9 of this Part.D. Permit Requirements. Transporters of used oil shall: 1. Obtain an EPA Identification Number by submitting to the Department a completed Notification of Regulated Waste Activity form (per §1.7.4 of this Part); and2. Obtain a permit to transport used oil in accordance with the requirements of the §§1.8.2 and 1.8.3 of this Part unless the transporter already poses a valid permit issued by the Department for the transportation of hazardous waste. A separate permit to transport used oil is not required if the transporter already has a permit issued by the DEM to transport hazardous waste.E. Liability Insurance: Used oil transporters shall maintain liability insurance, including the hazardous material rider (MCS 90) as specified in 49 C.F.R. § 387.7(d), sufficient to provide coverage of $1,000,000.00 (one million dollars) per incident.F. Used Oil Analysis: Prior to transporting used oil to a used oil burner or a used oil processor/re-refiner facility or storing used oil at a used oil temporary storage facility, the used oil transporter shall determine if the used oil has a total halogen content of greater than 1,000 ppm. This determination is made by testing the used oil or applying product knowledge of the materials in use and the process that generated the used oil. In the event that the used oil has a total halogen content greater than or equal to 1,000 ppm, the used oil will be presumed to have been mixed with a halogenated hazardous waste. In accordance with §1.16.1(A)(2) of this Part the transporter may rebut this presumption. The rebuttable presumption does not apply to metal working oils/fluids containing used oils contaminated with chlorinated paraffins and chlorofluorocarbons that are managed in accordance with §1.16.1(A)(2) of this Part. The used oil transporter shall maintain records of all analytical testing or determinations made based on product knowledge for a period of at least three (3) years. The used oil transporter may use analytical data or written documentation demonstrating product knowledge obtained from the used oil generator when making a determination regarding the status of a shipment of used oil.G. Used Oil Transportation: 1. A used oil transporter shall deliver shipments of used oil to only the following: a. Another used oil transporter, provided that the transfer occurs at an approved used oil temporary storage or permitted hazardous waste treatment, storage and disposal facility and the other used oil transporter has obtained a permit from the Department and an EPA Identification Number;b. If handling household used oil, a used oil collection facility that has obtained an EPA Identification Number;c. A used oil processing/re-refining facility that has obtained an EPA Identification Number; ord. A used oil burner's facility that has obtained an EPA Identification Number.2. Used Oil Spills and Releases: In the event of a spill or release of used oil the transporter shall: a. Take immediate steps to stop and contain the release;b. Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070), the proper local authorities, and if required by 49 C.F.R. § 171.15 and/or 49 C.F.R. § 403.12(f), notify the National Response Center ( 800-424-8802), and for transporting over water give notice as required by 33 C.F.R. § 153.203;c. Provide a written report to the Department within ten (10) days of the incident detailing the steps that were taken to remediate the release and provide a written report to the USDOT, as required by 49 C.F.R. § 171.16; andd. Clean up and properly dispose of any used oil that was discharged and any materials contaminated with the used oil.e. In emergency situations, removal of used oil and materials contaminated with used oil may be conducted by a used oil transporter that does not have an EPA Identification Number, if so authorized by the Department.3. Tracking: a. Used oil transporters shall keep a record of each used oil shipment accepted for transport for a period of at least three years that shall include the following:(1) The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;(2) The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;(3) The quantity of used oil accepted;(4) The date of acceptance; and(5) The name and signature of an agent of the used oil generator, used oil transporter or used oil re-refiner who provided the used oil for transport.b. Deliveries: Used oil transporters shall keep a record of each shipment of used oil that is delivered to another used oil transporter, used oil processor/re-refiner, or used oil burner that shall include:(1) The name and address of the receiving facility or used oil transporter;(2) The EPA Identification number of the receiving facility or used oil transporter;(3) The quantity of used oil delivered;(4) The date of the delivery;(5) The name and signature, dated upon receipt of the used oil, of an agent of the receiving facility or used oil transporter.(6) All records generated by the transportation of used oil shall be retained by the transporter for a period of at least three years.H. Used Oil Temporary Storage Facilities: Used oil transporters may store used oil at their facility for not more than thirty-five days prior to transporting it to a regulated used oil facility provided that they first obtain written authorization from the Director. This Part shall not apply to used oil stored on a permitted transportation unit for less than seventy-two hours prior to off-site transportation, provided that the used oil is not transferred off the transportation unit while in storage at the facility.1. Applicability: This Rule applies to used oil temporary storage facilities where shipments of used oil are stored on-site for less than 35 days. Used oil temporary storage facilities that store used oil for more than 35 days are subject to the requirements of §1.16.8 of this Part.2. Authorization Requirements: All persons who shall construct, substantially alter, operate or own a used oil temporary storage facility shall first submit a complete application to the Office of Land Revitalization and Sustainable Materials Management and obtain a Letter of Authorization from the Director prior to conducting any such activities on-site.3. Closure Plan and Financial Requirements: Owners or operators of used oil temporary storage facilities shall develop a closure plan, complete with a cost estimate for closing down their facility, and submit this plan along with an application for Authorization as defined in §1.16.7(H)(5) of this Part. Owners or operators shall document their financial ability to complete the closure plan equivalent to the cost estimate contained within the closure plan. If the owner or operator fails to satisfy these requirements the Director may deny their Application for Authorization.4. Operating a used oil temporary storage facility without a Letter of Authorization or a renewal of authorization is prohibited.5. Application Specifications: All applications for Authorization shall contain at least the following information:a. The location of the facility, including the Assessor's Plat and Lot numbers;b. The name and address of the property owner and operator of the Facility;c. A complete description of the used oil transfer and storage operations at the facility;d. A site plan depicting the Facility's floor plan, yard layout, drainage system and storage location(s).e. A complete list of all pollution control and safety equipment to be utilized or maintained on-site.f. A copy of the applicant's liability insurance policy for the Facility; andg. The facility's closure cost estimate and financial assurance mechanism.6. Application Fees: An application fee of six thousand dollars ($6,000.00) shall be submitted with each new application for a Letter of Authorization to operate a used oil temporary storage facility.7. Authorization Period: Each Letter of Authorization shall be valid for a period of not more than three (3) years from the date of issuance.8. Expiration of Authorization/Renewal of Authorization: At least ninety (90) days before the end of the authorization period specified above, the owner/operator may submit a renewal application in accordance with the requirements of this rule in order to renew its Authorization to operate a used oil temporary storage facility. This application shall include all of the information required in §1.16.7(H) of this Part and a renewal application review fee of three thousand ($3,000.00) dollars.9. Posting: Any Letter of Authorization issued hereunder shall be maintained on the Facility and posted in a conspicuous location.10. Change of Ownership or Location: Changes in ownership, administration or location of used oil temporary storage facilities are subject to the following requirements: a. The Director shall be notified in writing thirty days prior to a change in ownership of the facility or legal entity operating the facility or location or discontinuance of services;b. A Letter of Authorization shall immediately become void and shall be returned to the Director upon change in location of any facility;c. A Letter of Authorization is voidable at the sole discretion of the Department whenever there is any sale of the facility or change in ownership of the property of the legal entity operating the facility. A new entity, prior to the commencing of operation of the facility, shall satisfy the Director of its ability to safely operate the facility, as well as its financial ability to operate and close said facility. This demonstration to the Director by the new entity shall include a proposed date for the transfer of the Letter of Authorization, liability insurance coverage and any other information that the Director may request. After a review of this information, the Director shall either approve or deny the transfer of the Letter of Authorization;d. The original operator shall remain fully liable for the operation of the facility under the terms of the Authorization Letter and applicable regulations until the Director transfers the Authorization to the new owner/operator.11. The Director may revoke or suspend a Letter of Authorization in the event that a determination is made by the Director that the facility is not being operated in a manner that is consistent with these Regulations or the Letter of Authorization.12. Used oil temporary storage facilities shall comply with the applicable sections of the used oil generator requirements contained in §§1.16.4(A)(1), (2), (3) and (4) of this Part.13. Storage Units: Owners or operators of used oil temporary storage facilities may not store used oil in units other than tanks and containers.14. Condition of Storage Units: Containers and aboveground storage tanks used to store used oil at used oil temporary storage facilities shall be: a. In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;b. Liquid tight with no visible leaks;c. Kept closed except when adding or removing used oil.15. Secondary Containment for Containers and Aboveground Storage Tanks (ASTs): Containers and ASTs used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following: a. An impervious floor or bottom covering the entire storage area; andb. Dikes, berms or walls capable of containing a spill or release; andc. A capacity equivalent to a minimum of 100% of the volume of used oil stored in the containers at the facility; andd. The entire system shall be impervious to used oil to prevent a release; ore. An equivalent containment system may be substituted if prior approval is obtained from the Director.16. Exterior Storage: Owners and operators of used oil temporary storage facilities that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department's Office of Water Resources prior to the construction of the storage area.17. Labeling: Containers and aboveground storage tanks used to store used oil at used oil temporary storage facilities shall be clearly and permanently marked with the words "Used Oil". Fill pipes for underground storage tanks used to store used oil at used oil temporary storage facilities shall be clearly marked with the words "Used Oil". Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).18. Response to releases: Upon detection of a release of used oil, the owner or operator of a used oil temporary storage facility shall perform the following: a. Take immediate steps to stop the release;b. Contains all of the released used oil;c. Clean up and properly manage the used oil and any other materials that were contaminated with used oil;d. Repair or replace any leaking or damaged storage units prior to returning them to service; ande. Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070 ), the local authorities and, if required by 49 C.F.R. § 171.15, notify the National Response Center ( 800-424-8802).f. Comply as applicable with the requirements of the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter), Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter) and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.19. Tracking: Owners or operators of temporary storage facilities shall keep a written log of each used oil shipment received for temporary storage at the facility and of each off-site shipment of used oil from the facility for a period of at least three years. The owner or operator shall also reconcile the incoming and outgoing shipments of used oil every thirty-five (35) days on the written log in order to demonstrate that used oil is not being stored for greater than the allowed thirty five (35) day time period. The written logs shall be provided to the Department upon request.I. Management of residues. Used oil transporters and temporary storage facilities who generate residues from the storage or transportation of used oil shall manage them in compliance with §1.16.1(A)(6) of this Part.1.16.8Used Oil Processor and Re-Refiner StandardsA. Applicability: The requirements of this Part apply to owners and operators of facilities that process used oil as defined in § 1.5 of this Part. 1. The requirements of §1.16.8 of this Part does not apply to:a. Incidental processing that occurs during transport (e.g., settling and water separation);b. Used oil removed from electrical transformers or turbines and filtered by the used oil transporter prior to being returned to its original use;c. Used oil generators that conduct incidental processing in accordance with §1.16.4(A)(5) of this Part; ord. Used oil burners that conduct incidental processing operations during the normal course of used oil management prior to burning or that aggregate off-specification used oil with virgin or specification used oil for the purposes of burning.2. Used oil processors/re-refiners are subject to other applicable Rules as follows: a. Processors/re-refiners who generate used oil shall comply with the requirements of §1.16.4 of this Part;b. Processors/re-refiners who transport used oil shall also comply with the requirements of §1.16.7 of this Part;c. Processors/re-refiners who burn used oil for energy recovery shall also comply with the requirements of §1.16.3 of this Part;d. Processors/re-refiners who direct a shipment of used oil to a used oil burner or first make the claim that used oil meets the requirements of specification used oil shall also comply with the requirements of §1.16.9 of this Part.B. Permit Requirement: All persons who shall construct, substantially alter, operate or own a used oil processing or re-refining facility shall first obtain a permit from the Director prior to conducting any such activities. Operating a used oil processor/re-refiner facility without a permit is prohibited.C. Liability Insurance: Owners or operators of used oil processor/re-refiner facilities shall maintain liability insurance sufficient to provide coverage of $1,000,000.00 (one million dollars) per incident.D. Closure Plan and Financial Requirements: Owners or operators of used oil processor/re-refiner facilities shall submit to the Department's Office of Land Revitalization and Sustainable Materials Management a closure plan, complete with a cost estimate for closure and cleanup of the facility, along with an application for a permit as set forth in §1.16.8 of this Part. Owners or operators shall also include a financial assurance mechanism demonstrating the financial ability of the applicant to fund the closure cost estimate contained in the closure plan. If the owner or operator fails to satisfy each of these requirements the Director may deny their application for a permit.E. Application Specifications: All applications for a permit shall specify the following: 1. The location of the facility including the Assessor's Plat and Lot numbers;2. The name and address of the owner and operator of the facility;3. A complete description of the operations at the facility subject to the permit with specific statements of operational limitations and/or capacity limitations;4. A complete description of the types of used oil that will be stored onsite and the processing and or recycling activities that will be conducted on-site;5. A statement detailing any reporting or monitoring requirements that the owner/operator will conduct to ensure that the facility will be operated and maintained in compliance with these Regulations;6. A site plan depicting the Facility's floor plan, yard layout, drainage system and storage location(s);7. A complete list of all pollution control and safety equipment to be utilized or maintained on-site; and8. A complete description of the applicant's financial ability to safely operate, and maintain the Facility.F. Fees: The application fee for a permit shall be submitted with the application and shall be ten thousand dollars ($10,000.00) for the issuance of a new permit and five thousand dollars ($5,000.00) for the renewal of a permit.G. Permit Posting: Any permit issued hereunder shall be posted in a conspicuous location, maintained on-site at the subject facility and be made available for review by the Department personnel upon request.H. Issuance, Denial, Revocation or Suspension of Permits: The Director is authorized by R.I. Gen. Laws § 23-19.1-10 to issue, deny, revoke, or suspend a permit in accordance with these Rules and Regulations. The DEM shall comply with the procedures set forth in § 1.9 of this Part for processing these applications and shall substitute the words "used oil processing/re-refining facility" for the words "hazardous waste management facility" as it is referred to in § 1.9 of this Part.I. Application Requirements: Applications submitted to the Department for the construction or modification of a facility that processes or re-refines used oil shall contain all of the applicable elements required in § 1.9 of this Part.J. Duration and Renewal of Permits: Permits for used oil processing or re-refining facilities shall be issued for a period not to exceed five (5) years and may be extended or renewed by the Director for a period of not more than five (5) years. A new permit application is required at the end of the ten-year period and shall be submitted at least one hundred eighty (180) days prior to the expiration of the existing permit. Permit renewal applications will be processed in accordance with §§1.16.8(H) and (I) of this Part.K. Notification: Used oil processors and re-refiners shall also notify the Department of such activity and obtain an EPA Identification Number as per §1.4.4(A) of this Part.L. General Facility Standards: Owners and operators of facilities that process or re-refine used oil shall comply with the following requirements: 1. Facilities shall be maintained and operated to minimize the possibility of a fire, explosion or any accidental release of used oil to air, soil, groundwater or surface water that could threaten human health or the environment.2. All facilities shall be equipped with the following:a. An internal communication or alarm system capable of providing immediate emergency instruction to facility personnel;b. Devices, such as a telephones or other devices located in appropriate locations throughout the facility capable of summoning emergency assistance from local fire departments, police departments or the State Emergency Response team;c. Portable fire extinguishers or fire control equipment, spill control equipment and decontamination equipment designed to control and contain fires, spills or releases involving oil and related materials; andd. Fire hoses and water of adequate volume and pressure or other fire suppressant systems such as foam producing equipment or automated sprinkler systems to provide for immediate response to fires in the facility and to meet all local and State building code requirements.M. Testing and maintenance of all facility equipment, including but not limited to, communication systems, alarm systems, fire control equipment, spill control equipment and decontamination equipment shall be conducted at least on an annual basis to ensure its proper operation at the time of an emergency.N. Personnel working in all areas of the facility where used oil is being poured, mixed, spread or otherwise handled shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice communication with another employee. In the event that only one employee is working during a particular shift, the employee shall have immediate access to an alarm or emergency communication device that is capable of summoning emergency responders and any other appropriate authority required to respond to an incident at the facility.O. The owner or operator of a used oil processing/re-refining facility shall provide no less than three (3) feet of aisle space within all storage areas at the facility to allow for the unobstructed movement of emergency response and fire department personnel and equipment.P. The owner or operator of a used oil processing/re-refining facility shall make the following arrangements with local and State authorities as appropriate for the amount and type of used oil being managed on-site: 1. Arrangements to familiarize the police, fire departments and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places were used oil is processed or stored and evacuation routes to be used by facility personnel.2. Where more than one fire or police department or other related authority might respond, a designation of a primary emergency authority should be made and an agreement reached with said authorities to provide support to the primary emergency authority.3. Agreements with State Emergency Responders, emergency response contractors and any other appropriate emergency equipment suppliers.4. Arrangements with local hospitals to familiarize them with the properties of the used oil managed on-site and types of injuries or illnesses that could result from fires, explosions, or releases at the facility.5. If state or local officials decline to acknowledge or make such arrangements the used oil processor/re-refiner shall document the refusal in its operating record.Q. Contingency Plan: Owners and operators of used oil processing/re-refining facilities shall comply with the following requirements:1. Each owner or operator shall prepare and maintain a contingency plan for the facility that is designed to minimize hazards to human health and the environment from fires, explosions or any unplanned or sudden releases of used oil to air, soil or surface water. The provisions of this plan shall be carried out immediately in the event of a spill, release or fire.2. The contingency plan shall describe the actions facility personnel will undertake to comply with this rule in response to a fire, explosion, spill or release of used oil at the facility and include the following: a. In the event that the facility has an existing Spill Prevention Control and Countermeasures Plan or hazardous waste contingency plan, the existing plan shall be amended to include the used oil management requirements of this rule;b. The plan shall describe the arrangements made with local and state authorities in accordance with §1.16.8(P) of this Part;c. The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as an emergency coordinator for the facility, the list shall identify a primary emergency coordinator and this list shall be kept current. Where more than one person is listed, those other than the primary emergency coordinator shall be listed in the order they will assume this role as alternates;d. The plan shall list all emergency equipment located at the facility including, but not limited to, fire control equipment/systems, spill control equipment, communication/alarm systems and decontamination equipment. The list shall be kept current and the plan shall include a sketch depicting the location and type of equipment;e. The plan shall include an evacuation plan for facility personnel and shall include a sketch of all evacuation routes and alternate evacuation routes located at the facility. The plan shall also describe the signal to be used to alert facility personnel to evacuate the facility.3. The owner or operator of the facility shall maintain on-site a copy of the contingency plan and all revisions to the plan and shall submit copies of the current plan to local fire and police departments, hospitals and State and local emergency response teams.4. The contingency plan shall be periodically reviewed and amended as necessary to reflect the current facility conditions (e.g., facility layout or equipment) including personnel changes, changes to the list of emergency coordinators and when affected by changes to the rules or when the plan fails in an emergency.5. During all operating hours and non-operating hours there shall be one employee on-site, or on call, that is a designated emergency response coordinator. This emergency response coordinator shall be thoroughly familiar with the facility's contingency plan, all operations conducted at the facility, the location and characteristics of all used oil handled at the facility, the location of the required facility records and the facility layout. In addition, the coordinator shall have the authority to commit the resources necessary to carry out the contingency plan in the event of an emergency.6. Whenever there is an imminent or actual emergency situation, the emergency coordinator present on-site shall immediately: a. Activate the internal facility alarms or communication systems to alert the facility's personnel;b. Notify appropriate State or local agencies with designated response roles;c. Identify the character, exact source, amount and aerial extent of the release materials;d. Assess the hazards to human health and the environment that may result from any release, fire or explosion. This assessment shall include the immediate and potential effects of the incident to impact humans and the local environment and the potential for additional incidents like explosions;e. Notify the Department Emergency Response Program and the National Response Center (using the 24-hour toll free number 800424-8802) and report his/her findings. This report shall include: (1) Name and telephone number of the reporter;(2) Name and address of the facility;(3) Time and type of the incident;(4) Name and quantity of the materials involved;(5) Extent of the injuries resulting, if any; and(6) The possible hazards to human health and the environment.f. During the emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, reoccur or spread to other used oil or hazardous waste stored at the facility. These measures shall include, where applicable, stopping processes and operation, containing and collecting released materials and moving or isolating containers.g. In the event that facility operations shall be shut down due to a fire, explosion or release the emergency response coordinator shall monitor the equipment for a build-up of pressure, leaks, gas generation, or related failure where appropriate.h. Immediately after the incident the emergency response coordinator shall provide for clean-up and recycling or disposal of all used oil, waste or any other contaminated materials generated during the incident and clean up. The coordinator shall ensure that all affected areas of the facility have been adequately cleaned and all used oil and waste removed before allowing facility personnel back into the affected areas, and that any emergency equipment used during the incident is cleaned and fit for intended use prior to resuming operations.i. The facility owner or operator shall notify the Director and any other appropriate State and local authority that all of the conditions in §1.16.8(Q)(6)(h) of this Part above have been satisfied prior to resuming operations in the affected area.j. The owner or operator shall note in the operating record the time, date and details of the incident that required the implementation of the facility's contingency plan. Within 15 days of the incident he/she shall submit a written report of the incident to the Director that includes the following: (1) Name, address and telephone number of the owner or operator;(2) Name, address and telephone number of the facility;(3) Date, time and type of incident that occurred;(4) Names and quantities of the materials involved;(5) The extent of any injuries;(6) Assessment of actual or potential hazards to human health or the environment resulting; and(7) Estimated quantity and disposition of the materials involved.R. Used Oil Analysis: Prior to processing or otherwise managing used oil at a used oil processing/re-refining facility, the owner or operator shall determine the total halogen content of the used oil by having the used oil tested by an analytical laboratory or by applying product knowledge of the halogen content of the materials used and the process that generated the used oil. In the event that the used oil has a total halogen content greater than or equal to 1,000 ppm, the used oil will be presumed to have been mixed with a hazardous waste. The owner or operator of the facility may rebut this presumption in accordance with the procedures contained in §1.16.1(A)(2) of this Part. The owner or operator of a processing/re-refining facility shall maintain records of all analytical testing or determinations made based on product knowledge for a period of at least three (3) years.S. Used Oil Analysis Plan: Owners or operators of used oil processing/rerefining facilities shall develop and follow a written set of analytical procedures to ensure compliance with §1.16.8(R) of this Part. The owner operator shall keep the analysis plan current, maintain it at the facility and the plan shall include the following: 1. A statement indicating whether the determination of total halogen content of the used oil will be made based on knowledge of halogen content or sample analyses.2. If the owner or operator uses sample analyses for the determination of total halogen content, the plan shall indicate the following: a. The analytical method used will be EPA Method D 808-95 or an equivalent method approved by the EPA and contained in EPA Publication SW-846, as incorporated by reference in 40 C.F.R. § 260.11 of this Part;b. The sampling method used to obtain the representative sample, acceptable sampling methods include those listed in 40 C.F.R. Part 261 Appendix I or an equivalent method approved by the Director;c. The frequency of the sampling to be performed and an indication as to whether the analysis will be performed on-site or off-site.3. If the owner or operator determines the total halogen content of the used oil based only on knowledge of the halogen content, the plan shall indicate the type and source of the information used in making this determination.4. If the total halogen content is determined to be greater than 1,000 ppm, the plan shall indicate the analytical test methods or information used to rebut the presumption of mixing hazardous waste and used oil.5. If specification used oil is received for burning on-site, the plan shall describe the analytical and sampling methods used to determine that the used oil meets the criteria established in §1.16.3 of this Part and include the information regarding the total halogen content required in §§1.16.8(S)(1) through (3) of this Part. The plan shall also indicate whether sampling and analysis will occur before or after processing/re-refining.T. Management of Used Oil: Used oil processor/re-refiners as defined in § 1.5 of this Part that store used oil on-site shall comply with the applicable sections of the Rules and Regulations for Underground Storage Facilities Used For Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter), the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter) and the following requirements: 1. Storage Units: Owners or operators of used oil processing/re-refining facilities may not store used oil in units other than tanks and containers as defined in § 1.5 of this Part.2. Condition of Storage Units: Containers and aboveground storage tanks used to store used oil at processing/re-refining facilities shall be: a. In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;b. Liquid tight with no visible leaks;c. Kept closed except when adding or removing used oil.3. Secondary Containment for Containers and Above Ground Tanks (ASTs): Containers and aboveground tanks used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following: a. A floor or bottom that is impervious to used oil covering the entire area; andb. Dikes, berms or retaining walls capable of containing a spill or release of used oil; andc. A capacity equivalent to 100% of the volume of used oil stored in the containers at the facility; andd. The entire system shall be impervious to used oil to prevent a release; ore. An equivalent containment system that is approved by the Director.4. Exterior Storage: Used oil processor/re-refiners that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department's Office of Water Resources prior to the construction of the storage area.5. Labeling: Containers and aboveground storage tanks used to store or process used oil at used oil processing/re-refining facilities shall be clearly and permanently marked with the words "Used Oil". Fill pipes for underground storage tanks used to store used oil at used oil processing/re-refining facilities shall be clearly marked with the words "Used Oil". Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).6. Response to releases: Upon detection of a release of used oil, the owner or operator of a used oil processing/re-refining facility shall perform the following: a. Take immediate steps to stop the release;b. Contains all of the released used oil;c. Clean up and properly manage the used oil and any other materials that were contaminated with used oil;d. Repair or replace any leaking or damaged used oil storage units prior to returning them to service; ande. Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and if required by 49 C.F.R. § 171.15 notify the National Response Center ( 800-424-8802).f. Comply with the requirements of the Oil Pollution Control Regulations, Rules (Subchapter 25 Part 2 of this Chapter) and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter) and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.U. Closure and Post Closure: The owner or operator shall close the facility in accordance with the closure plan approved by the Director, in compliance with all of the requirements of the Approval Letter issued by the Department and in a manner equivalent to that required by 40 C.F.R. Part 264 Subpart G.V. Financial Requirements: The owner or operator shall meet the financial requirements contained in 40 C.F.R. Part 264 Subpart H as well as the requirements set forth in § 1.9 of this Part. Owner or operators choosing the trust fund option described in 40 C.F.R. § 264.143(a) shall, for new facilities deposit the full amount of the closure cost estimate when the trust fund is established.W. Tracking: 1. Used oil processors/re-refiners shall keep a record of each used oil shipment accepted for processing/re-refining that shall include the following: a. The name, address and EPA Identification Number of the used oil transporter who delivered the used oil to the used oil processor/rerefiner;b. The name, address and EPA Identification Number (if applicable) of the used oil generator or processor/re-refiner from whom the used oil was sent for processing or re-refining;c. The quantity of used oil accepted;d. The date of acceptance;e. The name and signature of an agent of the processor/re-refiner who received the used oil.2. Deliveries: Used oil processors/re-refiners shall keep a record of each shipment of used oil that is shipped off-site to another used oil processor/re-refiner, used oil burning facility that shall include: a. The name, address and EPA Identification Number of the used oil transporter who delivers the used oil to the used oil processor/rerefiner, or used oil burning facility;b. The EPA Identification number, name and address of the receiving used oil processor/re-refiner, used oil burning facility;c. The quantity of used oil delivered;d. The date the shipment was transported off-site;e. The name and signature of an agent of the receiving facility or used oil transporter.3. The used oil processor/re-refiner shall retain for a period of at least three years all records generated by the acceptance and delivery of used oil to and from its facility. X. Operating Record and Reporting: 1. The owner or operator shall keep a written record at the facility that contains the following information as it becomes available and maintained until the closure of the facility: a. Records and results of used oil analyses performed as described in §§1.16.8(R) and (S) of this Part; andb. Summary reports and details of all incidents that require implementations of the facility's contingency plan.2. A used oil processor/re-refiner shall report to the Department on a biennial basis (by March 1 of each even numbered year), the following information regarding the previous year's used oil activities: a. The EPA Identification Number, name and address of the used oil processor/re-refiner;b. The calendar year covered by the report; andc. The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific process employed.Y. Off-site shipment: Used oil processors/re-refiners who initiate shipments of used oil off-site shall ship the used oil using a Rhode Island permitted used oil transporter who has an EPA Identification Number.Z. Management of Residues: Used oil processors/re-refiners who generate residues from the storage, processing or re-refining of used oil shall manage the residues in compliance with §1.16.1(A)(6) of this Part.1.16.9Used Oil Marketer Standards:A. Applicability: The requirements of this rule apply to any person that meets the definition of a used oil marketer contained in § 1.5 of this Part.B. This Part does not apply to the following persons: 1. Used oil generators or used oil transporters who direct shipments of used oil to used oil processors/re-refiners that burn used oil incidentally as part of the processing of the used oil.2. Persons who direct shipments of used oil to used oil burners that are not the first person to claim the used oil meets the requirements of Table 3 in §1.16.3 of this Part.C. Specification Used Oil: Prior to initiating a shipment of used oil from a used oil generator to a used oil burner the used oil marketer shall comply with the following: 1. Prior to shipping the used oil marketer has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the generator or transporter, to verify that the used oil meets the definition of specification used oil. Used oil marketers may use process and product knowledge to verify that used oil meets the requirements of specification used oil if such knowledge is documented by the used oil generator or used oil transporter.2. The used oil marketer shall maintain all records of analytical testing or documentation of knowledge of the used oil from the date the shipment occurs for a period of at least three years and shall provide such records to the Department upon request.D. Any person subject to the requirements of this Part shall also comply with the applicable Parts listed below depending on their activities: 1. §1.16.3 of this Part, if their activity involves the burning of used oil;2. §1.16.4 of this Part; if their activity involves the generation of used oil;3. §1.16.5 of this Part; if their activity involves the aggregation of used oil;4. §1.16.6 of this Part; if their activity involves the collection of used oil;5. §1.16.7 of this Part; if their activity involves the transportation of used oil;6. §1.16.8 of this Part; if their activity involves the processing or re/refining of used oil, or involves the aggregation of or collection of used oil beyond what is allowed under §§1.16.5 and 1.16.6 of this Part.E. Tracking: 1. Used oil marketers shall keep a record of each used oil shipment received for transport for a period of at least three years that shall include the following:a. The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;b. The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;c. The quantity of used oil accepted;d. The date of acceptance; ande. The name and signature of an agent of the used oil generator, used oil transporter or used oil processor/re-refiner that provided the used oil for transport.2. Deliveries: Used oil marketers shall keep a record of each shipment of used oil that is delivered to another used oil transporter, processor/rerefiner, or used oil burner that shall include: a. The name and address of the receiving facility or used oil transporter;b. The EPA Identification number of the receiving facility or used oil transporter;c. The quantity of used oil delivered;d. The date of the delivery;e. The name and signature, dated upon receipt of the used oil, of an agent of the receiving facility or used oil transporter.F. Record Keeping: All records generated by the transportation of used oil shall be retained by the used oil marketer for a period of at least three years.G. Notification: Used oil marketers shall obtain an EPA Identification Number as per §1.7.4(A) of this Part.250 R.I. Code R. 250-RICR-140-10-1.16
Amended effective 4/22/2020