S.C. Code Regs. § § 61-107.279.A.1

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-107.279.A.1 - Definitions

Terms that are defined in the South Carolina Hazardous Waste Management RegulationsR.61-79.260.10, and 261.1, and South Carolina Underground Storage Tank Control RegulationsR.61-92.280.12 but are not defined in this regulation have the same meanings when used in this regulation.

a. "Aboveground tank" means a tank used exclusively to store or process used oil that is not an underground storage tank as defined in the South Carolina Underground Storage Tank Control Regulations, R.61-92.280.12.

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

c. "Department" means the South Carolina Department of Health and Environmental Control.

d. "Do-it-yourselfer used oil collection center" means any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers.

e. "Energy recovery" means the beneficial use, reuse, recycling, or reclamation of solid waste through the use of the waste to recover energy therefrom.

f. "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 the effective date of the authorized used oil program for the State in which the tank is located. 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 (1) a continuous on-site installation program has begun, or (2) 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.

g. "Facility" means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. A facility may consist of several treatment, storage, or disposal operational units, including, but not limited to, one or more landfills, surface impoundments, or combination thereof.

h. "Hazardous substance" means any substance the Environmental Protection Agency (EPA) has designated for special consideration under the Clean Air Act (CAA), Clean Water Act (CWA), or Toxic Substances Control Act (TSCA), and any hazardous waste, as defined.

i. "Hazardous waste" has the meaning provided in Section 44-56-20 of the South Carolina Hazardous Waste Management Act.

j. "Hot-drained" means that the oil filter is drained near engine operating temperature and above room temperature.

k. "Household 'do-it-yourselfer' used oil" means used oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles.

l. "Household 'do-it-yourselfer' used oil generator" means an individual who generates household "do-it-yourselfer" used oil.

m. "Landfill" means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well.

n. "Motor oil" and "similar lubricants" mean the fraction of crude oil or synthetic oil that is classified for the use in the crankcase, transmission, gearbox, or differential of an internal combustion engine, including automobiles, buses, trucks, lawn mowers and other household power equipment, industrial machinery, and other mechanical devices that derive their power from internal combustion engines. The terms include re-refined oil but do not include heavy greases and specialty industrial or machine oils, such as spindle oils, cutting oils, steam cylinder oils, industrial oils, electrical insulating oils, or solvents which are not sold at retail in this State.

o. "New tank" means a tank that will be used to store or process used oil and for which installation has commenced after the effective date of this regulation.

p. "Owner/operator" means the person who owns the land on which a solid waste management facility is located or the person who is responsible for the overall operation of the facility, or both.

q. "Person" means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.

r. "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, re-distillation of unfinished petroleum derivatives, cracking or other processes (i.e., facilities classified as SIC 2911).

s. "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.

t. "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.

u. "Recycling" means any process by which materials which would otherwise become solid waste, are separated or processed and reused or returned to use in the form of raw materials or products (including composting).

v. "Resource recovery" means the process of obtaining material or energy resources from solid waste which no longer has any useful life in its present form and preparing the waste for recycling.

w. "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.

x. "Terne plated" means oil filters which are plated with an alloy of tin and lead.

y. "Used oil" means any oil which has been refined from crude or synthetic oil and, as a result of use, storage, or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and may be economically recyclable.

z. "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.

aa. "Used oil burner" means a facility where used oil not meeting the specification requirements in 279.11 is burned for energy recovery in devices identified in 279.61.a.

bb. "Used oil collection center" means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling. Used oil collection centers may also accept used oil from household do-it-yourselfers.

cc. "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.

dd. "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 279.11 of this regulation.

ee. "Used oil processor/re-refiner" means a facility that processes used oil.

ff. "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 279.20(b)(2). Transfer facilities that store used oil for more than 35 days are subject to regulation under subpart F of this part.

gg. "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.

S.C. Code Regs. § 61-107.279.A.1

Added by State Register Volume 19, Issue No. 7, eff July 28, 1995.