W. Va. Code R. § 150-11-9

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-11-9 - Standards for Used Oil Transporters

9.1. Applicability.

9.1.a. General. Except as provided in paragraphs 9.1.a.1. through 9.1.a.4., this section applies to all used oil rail transporters.

1. This section does not apply to on-site transportation.

2. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil collection center as specified in 40 CFR 279.24(a), as incorporated by reference at Section 14 of 33 CSR 20.

3. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in 40 CFR 279.24(b), as incorporated by reference in Section 14 of 33 CSR 20.

4. This section does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor/re-refiner, or burner subject to the requirements of Section 14 of 33 CSR 20. Except as provided in paragraphs 9.1.a.1. through 9.1.a.3., this section does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected.

9.2. Imports and exports. Transporters who import used oil from abroad or export used oil outside of the United States are subject to the requirements of this section from the time the used oil enters and until the time it exits the United States.

9.3. Other applicable provisions. Used oil transporters who conduct the following activities are also subject to applicable provisions of Section 14 of 33 CSR 20 as indicated in rules 9.3.a. through 9.3.e. below:

9.3.a. Transporters who generate used oil must also comply with 40 CFR Part 279, Subpart C, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.b. Transporters who process or re-refine used oil, except as provided in Section 9.4., must also comply with 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.c. Transporters who burn off-specification used oil for energy recovery must also comply with 40 CFR Part 279, Subpart G, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.d. Transporters who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 40 CFR 279.11, as incorporated by reference in Section 14 of 33 CSR must also comply with 40 CFR Part 279, Subpart H, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.e. Transporters who dispose of used oil, including the use of used oil as a dust suppressant must also comply with 40 CFR Part 279, Subpart I, as incorporated by reference in Section 14 of 33 CSR 20.

9.4. Restrictions on transporters who are not also processors or re-refiners.

9.4.a. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in Rule 9.4.b., used oil transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 of 33 CSR 20.

9.4.b. 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 unless they also comply with the processor/re-refiner requirements in 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 of 33 CSR 20.

9.4.c. Transporters of used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter prior to being returned to its original use are not subject to the processor/re-refiner requirements in 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 or 33 CSR 20.

9.5. Notification.

9.5.a. Identification numbers. Used oil transporters who have not previously complied with the notification requirements of Section 4 of 33 CSR 20 must comply with those requirements and obtain an EPA identification number.

9.5.b. Mechanics of notification. A used oil transporter who has not received an EPA identification number may obtain one by notifying the Director of the Division of Waste Management of their used oil activity by submitting either:

1. A completed EPA Form 8700-12 (To obtain ordering information for EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

2. A letter requesting an EPA identification number. The letter should include the following information:

A. Transporter company name;

B. Owner of the transporter company;

C. Mailing address for the transporter;

D. Name and telephone number for the transporter point of contact;

E. Type of transport activity (i.e., transport only, transport and transfer facility, transfer facility only);

F. Location of all transfer facilities at which used oil is stored;

G. Name and telephone number for a contact at each transfer facility.

9.6. Used oil transportation.

9.6.a. Deliveries. A used oil transporter must deliver all used oil received to:

1. Another used oil transporter, provided that the transporter has obtained an EPA identification number;

2. A used oil processing/re-refiner facility who has obtained an EPA identification number;

3. An off-specification used oil burner facility who has obtained an EPA identification number; or

4. An on-specification used oil burner facility.

9.6.b. DOT Requirements. Used oil transporters must comply with all applicable requirements under the U.S. Department of Transportation regulations in 49 CFR Parts 171 through 180. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 must comply with all applicable regulations in 49 CFR Parts 171 through 180.

9.6.c. Used oil discharges.

1. In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

2. If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers.

3. A rail transporter who has discharged used oil must:

A. Give notice, if required by 49 CFR 171.15 to the National Response Center (800-424-8802 or 202-426-2675); and

B. Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.

4. A transporter must clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.

9.7. Rebuttable presumption for used oil.

9.7.a. To ensure that used oil is not a hazardous waste under the rebuttable presumption of 40 CFR 279.10(b)(1)(ii), as incorporated by reference in Section 14 of 33 CSR 20, the used oil transporter must determine whether the total halogen content of used oil being transported is above or below 1,000 ppm.

9.7.b. The transporter must make this determination by:

1. Testing the used oil; or

2. Applying knowledge of the halogen content of the used oil in light of the materials or processes used.

9.7.c. If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR Part 261, Subpart D, as incorporated by reference in Section 3 of 33 CSR 20. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 49 CFR Part 261, as incorporated by reference in Section 3 of 33 CSR 20). EPA Publication SW-846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. (202)512-1800 (document number 955-001-00000-1).

1. The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in 40 CFR 279.24(c), as incorporated by reference in Section 14 of 33 CSR 20, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.

2. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC care destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

9.7.d. Record retention. Records of analyses conducted or information used to comply with Rules 9.7.a., 9.7.b., and 9.7.c. must be maintained by the transporter for at least 3 years.

9.8. Tracking.

9.8.a. Acceptance. Used oil transporters must keep a record of each used oil shipment accepted for transport. Records for each shipment must include:

1. The name and address of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

2. The EPA identification number (if applicable) of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

3. The quantity of used oil accepted;

4. The date of acceptance; and

5.

A. Except as provided in paragraph 9.8.a.5.B., the signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor/re-refiner who provided the used oil for transport.

B. Intermediate rail transporters are not required to sign the record of acceptance.

9.8.b. Deliveries. Used oil transporters must keep a record of each shipment of used oil that is delivered to another used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility. Records of each delivery must include:

1. The name and address of the receiving facility or transporter;

2. The EPA identification number of the receiving facility or transporter;

3. The quantity of used oil delivered;

4. The date of delivery;

5.

A. Except as provided in paragraph 9.8.b.5.B, the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter.

B. Intermediate rail transporters are not required to sign the record of delivery.

9.8.c. Exports of used oil. Used oil transporters must maintain the records described in paragraphs 9.8.b.1. through 9.8.b.4. for each shipment of used oil exported to any foreign country.

9.8.d. Record retention. The records described in Rules 9.8.a., 9.8.b., and 9.8.c. must be maintained for at least three years.

9.9. Management of residues. Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in 40 CFR 279.10(e), as incorporated by reference in Section 14 or 33 CSR 20.

W. Va. Code R. § 150-11-9