CHAPTER IV QUALITY SERVICES



## PART 374

MANAGEMENT OF SPECIFIC HAZARDOUS WASTE 

### § 374.7

(Statutory authority: Environmental Conservation Law, art. 3, title 3, §§ 19-0301, 19-0303.

19-0304,19-0306,23-2305,23-2307,23-2308, art. 27, §§ 27,0105,27-0106,27-0305, 27-0926, titles 1, 3, 7, 9, §§ 70-0107, 70-0109, 70-0115, art. 71, § 71-2201, titles 27, 35)

Subpart374-1 Standards for the Management ofSpecific Hazardous Wastes and Specific Types of Hazardous Waste ManagementFacilities Subpart 374-2 Standards for the Management ofUsed Oil Subpart 374-3 Standards for Universal Wastes Subpart 374-4 Standards for the Management ofElemental Mercury and Dental Amalgam Wastes at Dental Facilities

Historical Note Part (§§ 374.1-374.7) filed May 2,1986; renum. Subpart 374-1. filed Nov. 15, 1994eff. 60 days after filing. 

### § 374.1

Historical Note Sec. filed May 2,1986; amd. filed Oct. 26,1988; renum. 374-1.1, filed Nov. 15, 1994eff. 60

, days afterfiling. 

### § 374.3

Historical Note Sec. filed May 2, 1986: amd. filed Dec. 2, 1991; renum. 374-1.3, filed Nov. 15, 1994eff. 60 days afterfiling. 

### § 374.4

Historical Note Sec. filed May 2,1986; amds. filed: Oct. 26,1988; Dec. 2, 1991: repealed, filed Nov. 15, 1994 eff. 60 days afterfiling. 

### § 374.5

Historical Note Sec. filed Dec. 2, 1991; repealed, filed Nov. 15, 1994eff. 60 days afterfiling. 

### § 374.6

Historical Note Sec. filed May 2.1986; amd. filed Dec. 2, 1991; renum. 374-1.6, filed Nov. 15, 1994eff. 60 days afterfiling. 

### § 374.7

Historical Note Sec. filed May 2, 1986; amds. filed: Oct. 26, 1988; Dec. 2, 1991; renum. 374-1.7, filed Nov. 15, 1994eff. 60 days afterfiling.

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### §374-1.1 TITLE 6 ENVIRONMENTAL CONSERVATION



## SUBPART 

## 374-1

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

Sec. 374-1.1 General 374-1.2 [Resen1ed] 374-1.3 Recyclable materials used in a mannerconstituting disposal 374-1.4-374-1.5 [Reserved] 374-1.6 Recyclable materials utilized for precious metal recovery 374-1.7 Spent lead-acid batteries being reclaimed 374-1.8 Hazardous waste burned in boilers and industrial furnaces 374-1.9 Conditional exemption for low-level mixed waste storage and disposal 374-1.10-374-1.12 [Reserved] 374-1.13 Military munitions

Historical Note

Subpartadded (§§ 374.1.1-374-1.8) by renum. Part (§§ 374.1-374.7), filed Nov. 15, 1994 eff. 60 days afterfiling.



### § 374-1.1 General.

(a) Applicability. This Subpartcontains requirements for generators and transporters ofthe hazardous wastes identifiedin section 371.1 (g)(1)(ii) ofthis Title andfor owners and operators of facilities managing the hazardous wastes identified in section 373-1.1(d)(1)(vii) and (viii) ofthis Title that are required to comply with this Subpart.

Historical Note Sec. added by renum. and amd. 374.1, filed Nov. 15, 1994eff. 60 days afterfiling.



### § 374-1.3 Recyclable materials used in a manner constituting disposal.

(a) Applicability. (l) The regulations ofthis section apply to recyclable materials that are applied to orplaced on the land: (i) without mixing with any other substance(s); or (ii) after mixing or combination with any other substance(s). These materials will be referred to throughout this Subpart as "materials used in amannerthatconstitutes disposal." (2) Products producedforthe general public's use that are usedin amannerthatconstitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in section 376.4 ofthis Title (or applicable prohibition levels in section 376.3[b] or RCRA section 3004[dJ, where no treatment standards have been established) for each recyclable material (i.e

.. hazardous waste constituent) that they contain. Commercial fertilizers that are produced for the general public's use that contain recyclable materials also are not presently subject to regulation provided they meet these same treatment standards or prohibition levels for each recyclable material that they contain. However, zinccontaining fertilizers using hazardous waste K061 that are produced for the general public's

use are not presently subject to regulation.

(3) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing ofhazardous waste K06

### J, K062 and F006, in amannerconstituting disposal are not covered by the exemption in paragraph (2) ofthis subdivision and remain subject to regulation. \

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## SUBPART 374-2

STANDARDS FOR THE MANAGEMENT OF USED OIL 

### § 374-2.1

Sec. 374-2.1 374-2.2 374-2.3 374-2.4 374-2.5 374-2.6 374-2.7

374-2.8 374-2.9 Definitions Applicability Standards for used oil generators Standards for used oil collection centers and aggregation points Standards for used oil transporters and transfer facilities Standards for used oil processors and re-refiners Standards for used oil burners who burn off-specification used oil for energy recovery Standards for used oil fuel marketers Standards for disposal ofused oil

Historical Note Subpart (§§ 374-2.1-374-2.6) filed Nov. 15, 1994; repealed, new (§§ 374-2. 1-374-2.9) filed March 13, 2006 eff. 60 days after filing. 

### § 374-2.1 Definitions.

(a) Definitions. Terms that are defined in sections 370.2 and 371.1 ofthis, as incorporated by reference in section 370.1 (e) of this, have the same meanings when used in this Subpart, unless otherwise defined in this Subpart. (1) Abovegroundusedoil tankmeans a tank used to store orprocess used oil thatis not an underground used oil tank.

(2) Adjacenttowns orcities means towns and cities that share acommon borderwith each other.

(3) Containermeans any portable device in which amaterial is stored, transported, treated, disposed of, orotherwise handled.

(4) Contract means a promissory agreement between two or more persons to perform or notperform aparticular act.

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

(6) Existing tankmeans atankthatis used forthe storage orprocessing ofused oil and that is in operation, or for which installation has commenced on or prior to January 14, 1995. Installation will be considered to have commenced ifthe owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin installation ofthe tank and if either: (i) a continuous on-site installation program has begun; or (ii) the owner or operator has entered into contractual obligations

- which cannot be canceled or modified without substantial loss

- for installation ofthe tank to be completed within areasonable time. (7) Household do-it-yourse(fer used oil, or DIYusedoil, means oil that is derived from households, such as used oil generated by individuals through the maintenance of their personal vehicles.

(8) Household do-it-yourse(fer used oil generator, or DIY used oil generator means an individual who generates household do-it-yourselferused oil.

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

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### § 374-2.1 TITLE 6 ENVIRONMENTAL CONSERVATION

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

(1) Petroleum refiningfacility means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation. straight distillation ofcrude oil, redistillation ofunfinished petroleum derivatives, cracking or otherprocesses (i.e., facilities classified as SIC 2911).

(12) Processing means chemical orphysical operations designed toproducefrom used oil,

or to make used oil more amenable for production of fuel oils, lubricants, or other used oilderived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meetthe fuel specification. filtration, simple distillation, chemical orphysical separation and re-refining.

(3) Re-refining distillation bottoms means the heavy fraction produced by vacuumdistillation offiltered and dehydratedused oil. The composition ofstill bottoms varies with column operation and feedstock.

(14) Retail means the sale oflubricating oil to consumers in containers offive gallons or less for direct use by the consumerand not offered for resale.

(15) Retailestablishmentmeans every vendorthat sellslubricatingoil atretail inquantities in excess of 1,000 gallons per year.

(6) Service establishment means any automobile service station, including gas only outlets, orany otherretail outlet and boat marina, selling at least 500 gallons oflubricating oil annually and having an on-premises oil changing operation.

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

(8) Total halogens means the total oforganic and inorganic halides (fluorine, F; chlorine. CI; bromine, Br; iodine, 1), expressed as chloride present in a used oil, in parts per million (ppm) by weight.

(9) Underground used oil tank means anyone or combination of tanks (including any piping connected thereto) that is used to contain an accumulation ofused oil, and is entirely covered by earth or other material. This term does not include any storage tank situated in an underground area (such as abasement, cellar, mineworking, drift, shaft, ortunnel) ifthe storage tank is situated upon or above the surface ofthe floor.

(20) Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has been used, and as aresult ofsuchuse, is contaminated by physical or chemical impurities.

(21) Used oilaggregationpointmeans 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 ofthe aggregation point, from which used oil is transported to the aggregation pointin shipments ofno more than 55 gallons. Used oil aggregationpoints may also accept used oil from household do-it-yourselfers.

(22) Usedoilburnermeans afacility where used oil not meeting the specification requirements in section 374-2.2(b)0) of this Subpart is burned for energy recovery in devices identified in section 374-2.7(b) ofthis Subpart.

(23) Used oil collection center means any site or facility that is recognized by this department pursuant to section 374-2.4(b)(2) ofthis Subpart, to manage used oil, and accepts/ aggregates and stores used oil collected from used oil generators regulated under section 374-2.3 ofthis Subpart, who bring used oil to the collection center in shipments ofno more than 55 gallons under the provisions ofsection 374-2.3(e) ofthis Subpart. Used oil collection centers may also accept used oil from household do-it-yourselfers.

(24) Used oilfuel marketer means any person who conducts either of the following activities:

6556 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-2.2

(i) directs ashipment ofoff-specification used oil from theirfacility to aused oil burner;

or(ii) first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 374-2.2(b)(1) ofthis Subpart. (25) Usedoilgeneratormeans any person, by site, whose act orprocess produces used oil

or whose actfirst causes used oil to become subject to regulation.

(26) Used oilprocessorlre-refinermeans afacility that processes orre-refines used oil. (27) Used oil lanksystem means anyone or combination ofaboveground or underground used oil tanks, including any piping connected thereto, and other associated fixtures or equipment.

(28) Used oil transferfacility means any transportation related facility including loading docks, parking areas, storage areas, and other areas where shipments ofused oil are held for

more than 24 hours and not longer than 35 days during the normal course oftransportation or prior to an activity performed pursuant to section 374-2.3(a)(2)(ii) ofthis Subpart. Transfer facilities that store used oil for more than 35 days are subject to regulation under section 374-2.6 ofthis Subpart. A used oil transfer facility is also subject to regulation under Subpart 360-14 ofthis, unless exempt pursuant to the terms ofsection 360-14.1 (b) ofthis.

(29) Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generatorand 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 ofused 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.

Historical Note Sec. filed Nov. 15, 1994; repealed, new filed March 13,2006 eff. 60 days afterfiling. 

### § 

### 374-2.2 Applicability.

(a) Applicability. This subdivision identifies those materials which are subjecttoregulation

as used oil under this Subpart and Subpart 360-14 ofthis. This subdivision also identifies some materials that are not subject to regulation as used oil under this Subpart, and indicates whether these materials may be subjectto regUlation as hazardous waste underPart 370 through SUbparts 374-1, 374-3, and Part 376 ofthis Title. The storage in tanks ofmaterials which are not subjectto regulation as hazardous waste and which are identified inthis section as petroleum product, used oil fuels, or as fuels or lubricants derived, re-refined, or re-processed from used oil, may be subject to the requirements and standards ofParts 612, 613, and 614 ofthis Title. In addition to the requirements ofthis Subpart, used oil generators, collection centers, DIY collection centers, aggregation points, transporters, transfer, storage, re-refining orprocessing facilities, burners and marketers must meet all applicable requirements ofParts 201, 225, 364, and Subparts 360-1 and 360-14 of this Title that are broader in scope or more stringent than the requirements of this Subpart. (1) Used oil. The departmentpresumes that used oil is to be recycled orburned for energy recovery unless aused oil handlerdisposes ofused oiL or sends used oil for disposal. Except as provided in subdivision (b) ofthis section, the regulations ofthis Subpart apply to used oil and to materials identified in this subdivision as being subject to regulation as used oil. whetheror not the used oil ormaterial exhibits any characteristics ofhazardous waste identified in section 371.3 ofthis Title.

(2) Mixtures ofused oil and hazardous waste. (i) Listed hazardous waste. (a) Mixtures ofhazardous waste, listed in section 371.4 ofthis Title, and ofused oil

are subject to regulation as hazardous waste under Part 370 through Subparts 374-L 374-3, and Part 376 ofthis Title, rather than as used oil under this Subpart.

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### § 374-2.2

(4) Mixtures ofused oil with products. (i) Except as provided in subparagraph (ii) of this paragraph, mixtures ofused oil and fuels orotherfuel products are subject to regulation

as used oil underthis Subpart.

(ii) Mixtures ofused oil and diesel fuel mixed on-siteby the generatorofthe usedoil for

use in the generator's own vehicles are not subject to this Subpart once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of section 374-2.3 ofthis Subpart. (5) Materials derived from used oil. (i) Materials that are reclaimed from used oil that

are usedbeneficially and are notburnedforenergy recovery orused in amannerconstituting disposal (e.g., re-refined lubricants) are: (a) not used oil and thus are not subject to this Subpart: and (b) not solid wastes and are thus not subjecttothe hazardous waste regulations ofPart 370 through Subparts 374-1, 374-3, and Part 376 of this Title as provided in section 371.1 (d)(3)(ii)(a) ofthis Title. (ii) Materials produced from used oil that are burned for energy recovery (e.g., used oil fuels) are subject to regulation as used oil underthis Subpart and Part 225 ofthis Title.

(iii) Except as provided in subparagraph (iv) ofthis paragraph, materials derived from used oil that are disposed oforusedin a mannerconstituting disposal are: (a) notused oil and thus are not subjectto this Subpart; and (b) are solid wastes regulated under Part 360 ofthis Title, unless they are subject to thehazardous waste regulations ofPart 370through Subpart374-1, 374-3, andPart 376of this Title ifthe materials are listed or identified as hazardous waste. (iv) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this SUbpart. (6) Wastewater. Wastewater, the discharge ofwhich is subject to regulation under either section 402 or section 307(b) ofthe Federal Clean WaterAct, as incorporated by reference in section 370.1 (e) of this Title (including wastewaters at facilities which have eliminated the discharge ofwastewater), contaminatedwithde minimis quantities ofused oil are not subjectto the requirements ofthis Subpart. Forpurposes ofthis paragraph, de minimis quantities ofused oils are defined as small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception will not apply ifthe used oil is discarded as a result ofabnormal manufacturing operations resulting in substantial leaks, spills, orotherreleases, orto used oil recovered from wastewaters.

(7) Used oil introduced into crude oil pipelines or a petroleum refining facility. (i) Used oil mixed with crude oil ornatural gas liquids (e.g., in aproduction separatororcrude oil stock tank) for insertion into a crude oil pipeline is exempt from the requirements ofthis Subpart. The used oil is subject to the requirements ofthis Subpart prior to the mixing of used oil with crude oil ornatural gas liquids.

(ii) Mixtures ofused oil and crude oil or natural gas liquids containing less than one percent used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at apoint priorto crude distillation or catalytic cracking are exempt from the requirements ofthis SUbpart.

(iii) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from the requirements ofthis Subpart provided that the used oil constitutes less than one percent of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements ofthis Subpart.

(iv) Except as provided in subparagraph (v) ofthis paragraph, used oil thatis introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from the requirements ofthis Subpart only ifthe used oil meets the specifications of

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### § 374-2.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) Rebuttable presumption for used oil. Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in section 371.4 ofthis Title. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, as incorporated by reference in section 370.1 [e][8] of this Title, to show that the used oil does not contain significant concentrations ofhalogenated hazardous constituents listedin Appendix 23 ofthis Title). (1) Laboratory analyses completed forpurposes ofrebuttable presumption must be performed by alaboratory currently certified underthe appropriate approval categories by the New York State Department ofHealth's Environmental Laboratory Approval Program (ELAP).

(2) Therebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement, as described in section 374-2.3(e)(3) ofthis Subpart, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids ifsuch oils/fluids are recycled in any other manner, ordisposed.

(3) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are 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. (ii) Characteristic hazardous waste. Mixtures of used oil and ofhazardous waste that solely exhibits one ormore ofthe hazardous waste characteristics identifiedin section 371.3 ofthis Title, and mixtures ofused oil and ofhazardous waste thatis listed in section 371.4 of this Title solely because it exhibits one or more of the characteristics ofhazardous waste identified in section 371.3 ofthis Title are subject to: (a) except as providedin clause (c) ofthis subdivision, regulation as hazardous waste under Part 370 through Subparts 374-1. 374-3, and Part 376 ofthis Title rather than as used oil underthis Subpart, ifthe resultantmixture exhibits any characteristics ofhazardous waste identified in section 371.3 ofthis Title; or

(b) except as specified in clause (c) ofthis subdivision, regulation as used oil under this Subpart, ifthe resultant mixture does not exhibit any characteristics of hazardous waste identified under section 371.3 ofthis Title.

(c) regulation as used oil under this Subpart, ifthe mixture is ofused oil and a waste which is hazardous solely because it exhibits the characteristic of ignitability (e.g., ignitable-only mineral spirits), provided that the resultant mixture does not exhibit the characteristic ofignitability under section 371.3(b) ofthis Title. (iii) Conditionally exempt small quantity generator hazardous waste. Mixtures ofused oil and conditionally exempt small quantity generator hazardous waste regulated under section 371.1 (f)(10) ofthis Title are subjectto regulation as used oil underthis Subpart. (3) Materials containing or otherwise contaminated with used oil. (i) Except as provided in subparagraph (ii) ofthis paragraph, materials containing orotherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs offree-Howing oil remain in or on the material: (a) are not used oil and thus not subject to this Subpart; and (b) ifapplicable are subject to the hazardous waste regulations ofPart 370 through Subparts 374-1, 374-3, and Part 376 ofthis Title. (ii) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil underthis Subpart.

(iii) Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil underthis Subpart.

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### § 374-2.2 TITLE 6 ENVIRONMENTAL CONSERVATION

paragraph (b)(I) ofthis section. Priortoinsertioninto the petroleumrefining facility process, the used oil is subject to the requirements ofthis Subpart.

(v) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewatertreatment system as part ofroutine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from the requirements of this Subpart. This exemption does not extend to used oil which is intentionally introduced into ahydrocarbon recovery system (e.g., by pouring collected used oil into the wastewater treatment system).

(vi) Tankbottoms from stocktanks containingexemptmixtures ofused oil andcrude oil

or natural gas liquids are exemptfrom the requirements ofthis Subpart. (8) Used oil on vessels. Used oil produced on vessels from normal shipboard operations is not subject to this Subpart until it is transported ashore.

(9) Used oil containing PCBs. Used oil containing 50 ppm by weight, or greater, of polychlorinated biphenyls (PCBs) is a hazardous waste as defined in section 371.4(e) ofthis Title. In addition to the requirements ofthis Subpart, used oil containing any quantifiable level ofPCBs may be subject to the requirements found in 40 CFR 761.20(e), as incorporated by reference in section 370.1 (e) ofthis Title. (b) 

### Used oil specifications. (1) Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this Subpartunless itis shown notto exceed any ofthe allowable levels ofthe constituents and properties in the specification shown in Table 1 ofthis subdivision. Once used oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with section 374-2.8(c) and (d), and (e)(2) ofthis Subpart, the used oil is no longer subject to this Subpart. (i) Laboratory analyses completed for purposes ofspecification determination must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department ofHealth's Environmental Laboratory Approval Program (ELAP).

Table I Used Oil Not Exceeding Any Specification Level Is Not Subject to This SubpartWhen Burned for Energy Recovery! \

Constituent/property

Arsenic Cadmium Chromium Lead PCBs Flash point Total halogens Allowable level

5 ppm maximum 2 ppm maximum 10ppm maximum 100 ppm maximum 2 ppm maximum2 100° F minimum 4,000 ppm maximum3

IThe specification does not apply 10 mixtures ofused oil and hazardous waste that continue to be regulated

as hazardous waste (see paragraph [a][2] ofthis section). 2Used oil containing 50 ppmby weight, orgreater, ofPCBs is a hazardous waste, excluding oil derived

from small capacitors, as defined in section 371.4(e)(3)(ii) ofthis Title, as the sole PCB contamination

source. Applicable standards forthe burning ofused oil containing PCBs are imposed by Part 370 through Subpart 374-1 and Part 376 ofthis Title and 40 CFR 761.20(e), as incorporated by reference in section 370.l(e) ofthis Title. 3Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste underthe

rebuttable presumption provided under subparagraph (a)(2)(i) ofthis section. Such used oil is subject to section 374-1.8 ofthis Part ratherthan this Subpart when burned for energy recovery. unless the presumption ofmixing can be successfully rebutted.

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### § 374-2.3

(2) All used oil, whether in transit or in storage at a facility, must be considered offspecification used oil, unless analysis or other information documents that the used oil is onspecification. (c) Prohibitions. 0) Surface impoundment prohibition. Used oil mustnotbe managed in surface impoundments, waste piles, pits, ponds orlagoons.

(2) Use as a dust suppressant. The use ofused oil as a dust suppressant, for land application, or for disposal directly on the land, is prohibited.

(3) Burning in particular units. Off-specification used oil fuel may be burned for energy recovery in only the following devices: (i) industrial furnaces identified in section 370.2(b) ofthis Title; (ii) boilers, as defined in section 370.2(b) ofthis Title, that are identified as follows:

(a) industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts ofproducts, by mechanical orchemical processes;

(b) utility boilers used to produce electric power, steam, heated orcooled air, orother gases or fluids for sale; or

(c) used oil-fired space heaters provided that the burner meets the provisions of section 374-2.3(d) ofthis Subpart. (iii) hazardous waste incinerators subject to regulation under sections 373-2.15 and 373-3.15 ofthis Title. (4) Absorbents. Used oil which is recyclable or reusable must not be disposed ofthrough the use ofabsorbent materials, other than for purposes ofspill cleanup.

Historical Note Sec. filed Nov. 15, 1994; repealed, new filed March 13,2006 eff. 60 days afterfiling. 

### § 374-2.3 Standards for used oil generators.

(a) Applicability. (1) General, Exceptas providedin subparagraphs (i) through (iv) ofthis paragraph, this section applies to all used oil generators. Aused oil generatoris any person, by site, whose actorprocess produces used oil orwhose actfirstcausesused oil to become subject to regulation. (i) Household "do-it-yourselfer" used oil generators. Household "do-it-yourselfer" used oil generators are not subject to regulation underthis Subpart.

(ii) Vessels. Vessels at sea or at port are not subject to this section. Forpurposes ofthis section, used oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator ofthe vessel and the person(s) removing or accepting used oil from the vessel are co-generators ofthe used oil and are both responsible for managing the waste in compliance with this section once the used oil is transported ashore. While among themselves, the co-generators may decide among them which party will fulfill the requirements of this section. In the event of a violation ofthis section, the co-generators' obligation to comply with the requirements of this section arejoint and several.

(iii) Diesel fuel. Mixtures ofused oil anddiesel fuel mixedon siteby the generatorofthe used oil for use in the generator's own vehicles are not subject to this Subpart once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil fuel is subject to the requirements ofthis section.

(iv) Farmers. Farmers who generate an average of25 gallons or less per month ofused oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements ofthis Subpart, ifthe used oil is used in normal farming operations. Normal farming operations do not include land application or land disposal ofused oil.

03-15-2006 6561 Conservation

### § 

### 374-2.3 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) Other applicable provisions. Used oil generators who conduct the following activities

are subject to the requirements ofother applicable provisions ofthis Subpart as indicated in subparagraphs (i) through (v) ofthis paragraph: \ (i) Generators who transport used oil, except under the self-transport provisions of paragraphs (e)(I) and (2) of this section, must also comply with section 374-2.5 of this Subpart.

(ii) Generator processing.

(a) Except as provided in clause (b) ofthis subparagraph, generators who process or re-refine used oil must also comply with section 374-2.6 ofthis Subpart.

(b) Generators who perform the following activities are not processors provided that the used oil is generated on-site and is not being sent off-site to aburner ofon-specification or off-specification used oil fuel: (1) filtering, cleaning or otherwise reconditioning used oil before returning it for

reuse by the generator;

(2) separating used oil from wastewater generated on-site to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the Federal Clean Water Act, as incorporatedby reference in section 370.1(e) ofthis Title,

orotherapplicable Federal orStateregulations governing the managementordischarge ofwastewaters;

(3) using oil mistcollectorsto remove small droplets ofused oil from in-plantairto make plant air suitable for continued recirculation;

(4) draining orotherwise removing used oil from materials containing orotherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to section 374-2.2(a)(3) ofthis Subpart; or

(5) filtering, separating or otherwise reconditioning used oil before burning it in a space heaterpursuant to subdivision (d) ofthis section. (iii) Generators who bum off-specification used oil for energy recovery, except under the on-site space heaterprovisions ofsubdivision (d) ofthis section, must also comply with section 374-2.7 ofthis Subpart.

(iv) Generators who direct shipments ofoff-specificationused oil from theirfacility to a used oil burner, or who are the first to claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications, set forth in section 374-2.2(b)(I) of this Subpart, must also comply with section 374-2.8 ofthis Subpart.

(v) Generators who dispose ofused oil must also comply with section 374-2.9 ofthis Subpart. (b) 

### Hazardous waste mixing. (1) Mixtures of used oil and hazardous waste must be managed in accordance with section 374-2.2(a)(2) ofthis Subpart.

(2) The rebuttable presumption for used oil as provided in section 374-2.2(a)(2)(i)(b) of this Subpart applies to used oil managed by generators. Under the rebuttable presumption for used oil, used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste and must be managed as hazardous waste and not as used oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oilslf1uids and certain used oils removed from refrigeration units. (c) 

### Used oil storage. Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112, as incorporated by reference in section 370.1 tel ofthis Title), in addition to the requirements ofthis section. Used oil generators are also subjectto the Underground StorageTank (40CFR part 280. as incorporatedby reference in section 370.1 [e] ofthis Title) standards for used oil stored in underground used oil tanks whether or not the used oil exhibits any characteristics ofhazardous waste, in addition to the requirements ofthis section. (1) Storage units. Used oil generators shall not store used oil in units other than tanks. containers, or units subject to regulation under Subparts 373-2 and 373-3 of this Title. In

6562 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.3

addition, all storage units must be designed, constructed and operated in accordance with the following requirements in effect for the municipality in which the generatorfacility is located: (i) local building and fire codes, ifany; and (ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR ChapterXXXIII, SubchapterA, including the National FireProtection Association Flammable and Combustible Liquids Code (NFPA-30) (as incorporated by reference in section 370.1[e] ofthis Title). (2) Used oil tanks. Compliance with petroleum bulk storage regulations. (i) All aboveground and underground used oil tank systems, regardless oftank size, must comply with sections 612.2 through 612.4, 613.2 through 613.9, 614.6 and 614.12 of this Title, except that: (a) abovegroundusedoil tanks with 10percentormore volumebeneaththe surface of the ground must also meet the applicable requirements contained in 40 CFR part 280 (as incorporated by reference in section 370.1 [e] ofthis Title), whether or not the used oil exhibits any characteristics ofhazardous waste; and (b) used oil tanks at a facility licensed under Part 610 of this Title do not require registration underPart 612 ofthis Title. (ii) New aboveground and new underground used oil tank systems must be installed in accordance with sections 613.2, 613.3(c)(3) through (6), and 614.2 through 614.14 ofthis Title.

(iii) Requirements ofthis subdivision shall apply on January 14, 1995, except as follows:(a) used oil tanks, regardless of their size, must be registered pursuant to section

612.2 ofthis Titleby July 14, 1995; and

(b) existing generator facilities must be in compliance with the applicable requirements ofsections 613.3(c) and 613.6(b) ofthis Titleby January 14, 1997. (3)-(6) [Reserved] (7) Condition ofunits. Containers and abovegroundused oil tanks used to store used oil at generatorfacilities mustbe: (i) in goodcondition (no severerusting, apparent structural defects ordeterioration); and (ii) not leaking (no visible leaks). (8) Labels. (i) Containers and aboveground used oil tanks used to store used oil at generatorfacilities must be clearly labeledor marked with the design capacity and working capacity ofthe tank and with the words "Used Oil".

(ii) Fill pipes used to transfer used oil into underground used oil tanks at generator facilities mustbe clearly labeled ormarked with the capacity ofthe tank and with the words "Used Oil". (9) Response to releases. 

### (0 Any spill, discharge, orrelease ofused oil shall be subject to all applicable provisions of article 12 ofthe Navigation Law (NL sections 170 through 197) and its implementing rules and regulations, 17 NYCRR Parts 32

- 33 and Part 611 of this Title, regarding, but not limited to, notification, cleanup, and liability, and are also subject to applicable provisions ofarticle 17, titles 10 and 17, ofthe Environmental Conservation Law, and section 613.8 ofthis Title.

(ii) Upon detection ofarelease ofused oil to the environment that is not subject to the requirements of subpart F of 40 CFR part 280, as incorporated by reference in section 370.1(e) ofthis Title, a generator must perform the following cleanup steps: (a) stop the release; (b) contain the released used oil; (c) clean up and manage properly the released used oil and other materials; and

03-15-2006 6563 Conservation

### § 374-2.3 TITLE 6 ENVIRONMENTAL CONSERVATION

(d) if necessary, repair or replace any leaking used oil storage containers or tanks priorto returning them to service. (iii) Within two hours ofdetecting aspill, discharge, orrelease ofused oil, the generator must notify the department Spill Hotline at (800) 457-7362, or, ifcalling from out ofstate, (518) 457-7362. (d) On-site buming in space heaters. Generators may bum used oil in used oil-fired space heaters provided that: (l) the heaterbums only used oil that the owner or operator generates orused oil received from household do-it-yourselferused oil generators:

(2) the heateris designed to have a maximumcapacity ofnotmore than 0.5 million Btu per hour; and

(3) the combustion gases from the heater are vented to the outside ambient air. (e) Off-site shipments. Exceptas provided in paragraphs (I) through (3) ofthis subdivision, generators mustensurethat theirused oil is transported only by transporters who have obtained an EPA identification number and are authorizedunderPart 364 ofthis Title to transport used oil, if applicable. (l) Self-transportation of small amounts to approved collection centers. Generators may transport, without an EPA identification number, used oil that is generated at the generator's site and used oil collected from household do-it-yourselfers to a used oil collection center provided that: (i) the generatortransports the used oil in avehicle ownedby the generatororownedby

an employee ofthe generator;

(ii) the generatortransports no more than 55 gallons ofused oil at any time; and (iii) the generator transports the used oil to aused oil collection center that is permitted pursuant to section 374-2.4(b)(2)(ii) ofthis Subpart. (2) Self-transportation of small amounts to aggregation points owned by the generator. Generators may transport, without an EPA identification number, used oil that is generated at the generator's site to an aggregation point provided that: (i) the generatortransports the used oil in avehicle owned by the generatororowned by

an employee ofthe generator;

(ii) the generatortransports no more than 55 gallons ofused oil at any time; and (iii) the generator transports the used oil to an aggregation point that is owned and/or operated by the same generator. (3) Tolling arrangements. Used oil generators may arrange forused oil to be transportedby

a transporter without an EPA identification number if the used oil is reclaimed under a contractual agreementpursuantto whichreclaimed oil is retumedby the processorlre-refinerto the generator for use as a lubricant, cutting oil, or coolant. The contract (known as a "tolling arrangemenC), must indicate: (i) the type ofused oil and the frequency ofshipments; (ii) that the vehicle used to transport the used oil to the processing/re-refining facility and to deliver recycled used oil back to the generator is owned and operated by the used oil processor/re-refiner: and

(iii) that reclaimed oil will be retumed to the generator. (I) Service and retail establishments. A service establishment is any automobile service station, including gas only outlets, or any otherretail outlet and boat marina, selling at least 500 gallons oflubricating oil annually and having an on-premises oil changing operation. A retail establishment is every vendor that sells lubricating oil at retail in quantities in excess of 1,000 gallons per year. Generators who are service establishments or retail establishments must also comply with the following requirements: \

6564 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.3

(l) Service establishments. (i) An owner or an employee of every service establishment who is present on the premises must accept, at no charge, used petroleum-based or synthetic lubricating oil in quantities not to exceed five gallons perday from any household do-it-yourselfer, in accordance with the following requirements: (a) the service establishment must maintain atank orcontainerwith sufficientcapacity to provide adequate service to individuals, for the temporary storage ofused oil;

(b) the service establishment may refuse to accept used oil if the used oil tank or container is temporarily filled to capacity. Iffilled to capacity, the service establishment must proceed expeditiously to have the used oil emptied by a used oil transporter authorized under Part 364 of this Title, and must inform individuals when used oil can be brought back to the establishment for collection.

(c) the service establishment must accept used oil only during the normal business hours ofthe establishment;

(d) the service establishment may requireused oil to be dropped offin rigid screw-top closed containers;

(e) the service establishmentmay refuse to acceptused oil ifithas been contaminated through otherthan ordinary and normal use;

(j) the service establishment may not impose a separate charge or fee upon any individual for acceptance or disposal of used oil, whether or not the individual is a customer for service; and

(g) the service establishment must conspicuously post a sign in a location which is always open to public view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE". Such establishment may additionally state, on the same sign or an additional sign, that used oil is accepted only during normal business hours and may state such hours. The information on any sign mustbe legible from adistance ofat least 25 feet from the outside ofthe establishment's building, with lettering a minimum ofone inch in height; (2) Retail establishments. Retail establishments may eitherdirectly acceptused petroleumbased or synthetic lubricating oil from household do-it-yourselfers, or contract with another retail establishment, service establishment or municipality, for the collection of used oil brought to it for acceptance. (i) Retail establishments which elect to provide for the direct collection ofused oil must accept, at no charge, used petroleum-based or synthetic lubricating oil in quantities not to exceed five gallons per day from any household do-it-yourselfer, in accordance with the following requirements: (a) the retail establishment must maintain atank orcontainer with sufficient capacity to provide adequate service to individuals, for the temporary storage ofused oil;

(b) the retail establishment may refuse to accept used oil if the used oil tank or container is temporarily filled to capacity. If filled to capacity, the retail establishment mustproceed expeditiously to have the used oil emptied by a used oil transporter permitted under Part 364 ofthis Title to transport used oil, and must inform individuals when used oil can be brought back to the establishment for collection; (c) the retail establishment must accept used oil only during the normal business hours ofthe establishment;

(d) the retail establishment may require used oil to be dropped offin rigid screw-top closed containers;

(e) the retail establishment may refuse to accept used oil ifit has been contaminated through other than ordinary and normal use: and

(j) the retail establishment must conspicuously post a sign in a location which is always open to public view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE." Such establishment may additionally state, on the same sign or an additional sign, that used oil is accepted only during normal business hours and may state

03-15-2006 6565 Conservation

### § 374-2.3 TITLE 6 ENVIRONMENTAL CONSERVATJON

such hours. The information on any sign mustbe legible from adistance ofatleast 25 feet from the outside ofthe establishment's building, with lettering a minimum ofone inch in height. \ (ii) Retail establishments which electnottoprovide for directcollection ofused oil must either: (a) enter into a contract with another retail establishment, service establishment or municipality, which maintains a tank or container for the temporary storage ofused oi\. The retail establishment which contracts with anotherretail establishment, service establishment ormunicipality, for the provision ofcollection services mustconspicuously post

a sign in a location which is always open to public view, stating: "USED OIL FOR RECYCLING WILL BE ACCEPTED BY (name ofcontracted establishment or municipality) AT (address ofcontractedestablishmentormunicipality) ATNO CHARGE". The information on this sign mustbe legible from adistance ofatleast25 feetfrom the outside ofthe establishment's building and have lettering a minimum ofone inch in height: (1) in counties or cities with a population of one million or more. the distance between the contracting retail establishment and the contractor shall not exceed eight miles; and

(2) in all otherareas, the contracting retail establishment and thecontractormustbe within the same town orcity or within adjacent towns orcities; or (b) obtain a hardship waiver from the department for inability to comply with this subdivision due to prohibition by local codes, ordinances, or State or Federal statute or regulation, ordue to the impossibility ofinstalling aused oil tank orcontainerbecause of physical constraints. The retail establishment must submit arequestfor ahardship waiver to the Director, Division ofSolid and Hazardous Materials, New York State Department ofEnvironmental Conservation, 625 Broadway, Albany, NY 12233-7250, whichincludes the following information: (1) the name and location, including street address, ofthe retail establishment; (2) the approximate gallons oflubricating oil sold armually by the retail establishment;

(3) a discussion which includes the statutory, regulatory or physical constraints prohibiting the placement of a tank or container for temporarily storing used oil. a description ofspecific efforts being made by the retail establishmentto overcome those constraints, astreet scale map ofthe geographic range establishedin subclauses (1) and (2) of this clause indicating the location of the retail establishment requesting the waiver, and the locations of other retail establishments, municipalities, and service establishments located within that geographic range.

Historical Note Sec. filed Nov. 15, 1994: arnd. filed Nov. 4,1999; repealed, new filed March 13, 2006 eff. 60days afterfiling. 

### § 374-2.4 Standards for used oil collection centers and aggregation points.

(a) Do-it-yourselfer usedoil collection centers. (1) Applicability. This section applies to

owners or operators ofall do-it-yourselfer (DIY) used oil collection centers. A DIY used oil collectioncenteris any site orfacility that accepts/aggregates and storesused oil collectedonly from household do-it-yourselfers.

(2) DIY used oil collection center requirements. Owners or operators ofall DIY used oil collection centers must comply with the generator standards in section 374-2.3 ofthis Subpart. (b) Usedoilcollection centers. (1) Applicability. This section applies to owners oroperators of used oil collection centers which accept used oil from other than household do-ityourselfers. Aused oil collectioncenteris any site orfacility that accepts/aggregates and stores used oil collected from used oil generators regulated under section 374-2.3 ofthis Subpartwho bring used oil to the collection center in shipments of no mor.e than 55 gallons under the

6566 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.5

provisions ofsection 374-2.3(e)(1) ofthis Subpart. Used oil collection centers may also accept used oil from household do-it-yourselfers.

(2) Used oil collection centerrequirements. Owners or operators ofall used oil collection centers must: (i) comply with the transferfacility standards in section 374-2.5 ofthis Subpart; and (ii) be permitted pursuant to Subpart 360-1 and section 360-14.3 ofthis Title. (c) Used oil aggregationpoints owned by the generator. (1) Applicability. This section applies to owners oroperators ofall used oil aggregationpoints. Aused oil aggregation pointis 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 ofthe aggregation point, from which used oil is transported to the aggregation point in shipments ofno more than 55 gallons under the provisions of section 374-2.3(e)(2) of this SUbpart. Used oil aggregation points may also accept used oil from household do-it-yourselfers.

(2) Used oil aggregation point requirements. Owners or operators ofall used oil aggregation points must comply with the generator standards in section 374-2.3 ofthis Subpart.

Historical Note Sec. filed Nov. 15, 1994; repealed, new filed March 13,2006 eff. 60 days after filing. 

### § 374-2.5 Standards for used oil transporters and transfer facilities.

(a) Applicability. (1) General. Exceptas providedin subparagraphs (i) through (iv) ofthis paragraph, or as exempted in section 360-14.1 (b)(7) or (8) ofthis Title, this section applies to all used oil transporters. Used oil transporters are persons who transportused oil, persons who collect used oil from more than one generator and transport the collected oil, and owners and operators ofused oil transferfacilities. Owners and operators ofused oil transferfacilities must also comply with any applicable requirements ofSubpart 360-14 and Part 364 ofthis Title. (i) This section does not apply to on-site transportation. (ii) 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 section 374-2.3(e)(l) ofthis Subpart.

(iii) 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 section 374-2.3(e)(2) ofthis Subpart.

(iv) This section does not apply to transportation of used oil from household do-ityourselfers to aregulatedused oil generator, collection center, aggregation point, processor! re-refiner, or burner subject to the requirements of this Subpart. Except as provided in subparagraphs (i) through (iii) of this paragraph, this section does apply, however, 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-ityourselfer used oil is collected. (2) Combinedoperations. Anyused oil transferfacility located at afacility regulatedunder Part 373 ofthis Title must comply with the provisions ofsection 360-14.1(a)(4) ofthis Title.

(3) Imports and exports. Transporters who import used oil from abroad orexport used oil outside ofthe United States are subject to the requirements ofthis section from the time the used oil enters and until the time itexits the United States.

(4) Trucks used to transport hazardous waste. Unless trucks previously used to transport hazardous waste are emptied as described in section 371.1 (h) ofthis Title priorto transporting used oil, the used oil is considered to have been mixed with the hazardous waste and must be managed as hazardous waste unless, under the provisions of section 374-2.2(a)(2) of this Subpart, the hazardous waste!used oil mixture is determined not to be hazardous waste.

(5) Other applicable provisions. Used oil transfer facilities are required to obtain apermit in accordance with Subparts 360-1 and 360-14 ofthis Title, unless exemptunderthe provisions

03-15-2006 6567 Conservation

### § 374-2.5 TITLE 6 ENVIRONMENTAL CONSERVATION

of section 360-14.1(b) ofthis Title. Used oil transfer facilities that are subject to permitting underPart 360ofthis Title must alsocomply with the General Facility Standards (includingthe establishment of a Contingency Plan) that used oil processing and re-refining facilities are \ subjectto at section 374-2.6(c) ofthis Subpart. Used oil transporters whoconductthe following activities are also subject to otherapplicable provisions ofthis Subpartas indicated in subparagraphs (i) through (iv) ofthis paragraph: (i) transporters who generate used oil must also comply with section 374-2.3 of this Subpart;

(ii) transporters who process orre-refine used oil, except as provided in subdivision (b) ofthis section, must also comply with section 374-2.6 ofthis Subpartand Subpart 360-14 of this Title, ifapplicable;

(iii) transporters who bum off-specification used oil for energy recovery must also comply with section 374-2.7 ofthis SUbpart;

(iv) transporters who direct shipments ofoff-specification used oil from their facility to

a used oil burner, or who first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 374-2.2(b)(I) ofthis Subpart must also comply with section 374-2.8 ofthis Subpart; and

(v) transporters who dispose ofused oil must also comply with section 374-2.9 ofthis Subpart. (b) Restrictions on transporters who are notalsoprocessors or re-refiners. (I) Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided inparagraphs (2) and (3) ofthis subdivision, used oil transporters may not process used oil unless they also comply with the requirements for processors/rerefiners in section 374-2.6 ofthis Subpart.

(2) Transporters may conduct incidental processing operations that occur in the normal

course ofused 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-refinerrequirements in section 374-2.6 ofthis Subpart.

(3) Transporters ofused oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter or at a transfer facility prior to being returned to its original use are not subject to the processor/re-refinerrequirements in section 374-2.6 ofthis Subpart. (c) Notification. 0) Identification numbers. Used oil transporters who have not previously complied with the notification requirements ofRCRA, section 3010 must comply with these requirements and obtain an EPA identification number.

(2) Mechanics ofnotification. Used oil transporters who have not received an EPA identification number may obtain one by notifying the EPA regional administrator oftheir used oil activity by submitting either: (i) a completed EPA Form 8700-12 (to obtain ordering information for EPA Form 8700-12 call RCRNSuperfund Hotline at 1-800-424-9346 or703-920-9810; or

(ii) a letter requesting an EPA identification number. Call RCRNSuperfund Hotline to determine where to send a letter requesting an EPA identification number. The letter must include the following information: (a) transporter company name; (b) owner ofthe transportercompany; (c) mailing address for the transporter; (d) name and telephone numberfor the transporter point ofcontact; (e) type of transport activity (i.e., transport only, transport and transfer facility, transfer facility only):

(j) location ofall transfer facilities at which used oil is stored; and

6568 Conservation 03·15·2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-2.5

(g) name and telephone numberfor acontact at each transfer facility. (d) Usedoiltransportation. (1) Deliveries. Aused oil transportermustdeliverall used oil received to: (i) anotherused oil transporterwho has obtained an EPA identificationnumber and who is authorized under Part 364 ofthis Title to transport used oil, or aused oil transfer facility which is authorizedunder Part 360ofthis Title, unless exemptunder Subpart 360-14 ofthis Title:(a) owners or operators of a used oil transfer facility must ensure that used oil is

transported to theirfacility only by transporters who are permitted, as requiredby Part 364 ofthis Title. Owners oroperators ofused oil transferfacilities are required to confinnthat the transporters delivering used oil to their facilities carry a valid Part 364 waste transporterpermit, ifrequired; (ii) a used oil processing/re-refining facility who has obtained an EPA identification number and who is authorized underPart 360 ofthis Title;

(iii) an off-specificationused oil burnerfacility who has obtained an EPA identification number and who is authorized under Subpart 225-2 ofthis Title; or

(iv) an on-specification used oil burner facility. (2) DOTrequirements. Used oil transporters mustcomply with all applicablerequirements of Part 364 of this Title, and all applicable requirements under the U.S. Department of Transportation regulations in 49 CFR parts 171 through 180, as incorporated by reference in section 370.1 (e) of this Title. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8, as incorporated by reference in section 370.1(e) ofthis Title, must comply with all applicable regulations in 49 CFR parts 171 through 180, as incorporated by reference in section 370.1 (e) ofthis Title.

(3) Used oil discharges. Any spill, discharge, or release ofused oil shall be subject to all applicable provisions ofarticle 12ofthe Navigation Law (NL sections 170through 197) andits implementing rules and regulations, 17 NYCRR Parts 32

- 33, and Part 611 of this Title, regarding, but not limited to, notification, clean up, and liability, and are also subject to applicable provisions ofarticle 17, titles 10and 17, ofthe Environmental Conservation Law. (i) In the event of a spill, discharge, or release of used oil during transportation, the transporter must comply with the notification provisions ofsection 613.8 ofthis Title and must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities ordike the discharge area).

(ii) Ifa discharge ofused oil occurs during transportation and an official (State orlocal government or a Federal agency), acting within the scope ofofficial responsibilities, determines that immediate removal ofthe used oil is necessary to protect human health or the environment, that official may authorize the removal ofthe used oil by transporters who do not have EPA identification numbers.

(iii) An air, rail, highway, or water transporter who has discharged used oil must:

(a) give notice, ifrequired by 49 CFR 171.15, as incorporated by reference in section 370.I(e) of this Title, to the National Response Center ([800] 424-8802 or [202] 426-2675) and, within two hours ofdetection, to thedepartment Spill Response Hotline at (800) 457-7362, or, ifcalling from out ofstate, (518) 457-7362; and

(b) report in writing as required by 49 CFR 171.16, as incorporated by reference in section 370.1 (e) ofthis Title, to the Director, Office ofHazardous Materials Regulations, Materials Transportation Bureau, Department ofTransportation, Washington, DC 20590. (iv) A water transporter who has discharged used oil must also give notice as required by 33 CFR 153.203, as incorporated in section 370.1(e) ofthis Title.

(v) A transporter must clean up any used oil discharge that occurs during transportation and 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 and is consistent with the remediation standards ofarticle 12 ofthe Navigation Law.

03-15-2006 6568.1 Conservation

### § 374-2.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(e) Quality controlandrebuttablepresumptionfor usedoil. (I) To ensure that used oil is not a hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i)(b) ofthis Subpart, a used oil transporter must determine whether the total halogen content ofused oil \ being transported is greater than or equal to 1,000 ppm. The transporter must make this determination by: (i) testing the used oil; or (ii) applying knowledge ofthe halogen content oftheused oil in lightofthe materials or processes used. (2) A transporter who is an owner or operator ofa used oil transfer facility must test all incoming loads ofused oil for total halogen content by employing the screening procedures set forth under section 374-2.6(d) ofthis Subpart. The owneroroperatormustdevelop and follow

a written quality control plan for the facility, in accordance with section 374-2.6(f) of this Subpart.

(3) Ifitis determinedeitheratagenerator's site orat aused oil transferfacility thatused 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 section 37 1.4 of this Title. The owneroroperatormay rebutthe presumption by demonstrating that the used oil does not contain hazardous waste (forexample, by using 

### an analytical method from SW-846,

as incorporated by reference in section 370.1 [e][8] ofthis Title, to show that the used oil does notcontain significantconcentrations ofhalogenatedhazardous constituents listedin Appendix 23 ofthis Title, or by demonstrating that the halogenated constituents are from conditionally exempt small quantity generators, as defined in section 371.1 [f][I] ofthis Title). (i) Laboratory analyses completed for purposes of rebuttable presumption must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department ofHealth's Environmental Laboratory Approval Program (ELAP).

(ii) TIle rebuttable presumption does not apply to metalworking oilslfluids containing chlorinated paraffins, ifthey are processed, through a tolling arrangement, as described in section 374-2.3(e)(3) ofthis Subpart, to reclaim metalworking oilslfluids. The presumption does apply to metalworking oilslfluids ifsuch oilslfluids are recycledin any othermanner, or disposed.

(iii) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units ifthe CFCs are 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. (4) Used oil containing 50 ppm by weight, or greater, of PCBs is a hazardous waste, excluding oil derived from small capacitors, as definedin section 37I.4(e)(3)(ii) ofthis Title. as the sole PCB contamination source. Applicable standards are contained in Part 370 through Subpart 374-I and Part 376 ofthis Title.

(5) Record retention. Records ofanalyses conducted or information used to comply with paragraphs (I), (2), (3), and (4) ofthis subdivision mustbe maintained by the transporterfor at least three years. The owner or operator ofa transfer facility subject to permitting under Part 360 ofthis Title must maintain the records for atleast seven years. (I) Used oil storage at**trall~:ferfacilities.** Used oil transporters are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFRpart 112, as incorporated by reference in section 370.I[e] ofthis Title) in addition to the requirements ofthis section, and Subpart 360-14 ofthis Title. Used oil transporters are also subject to the Underground StorageTank (40CFR part 280, as incorporated by reference in section 370.1 Ie] ofthis Title) standards for used oil stored in underground tanks whetheror not the used oil exhibits any characteristics ofhazardous waste, in addition to the requirements ofthis section. (I) Applicability. This subdivision applies to used oil transfer facilities. Used oil transfer facilities are transportation related facilities including loading docks, parking areas, storage areas, and other areas where shipments ofused oil are held for more than 24 hours during the

6568.2 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.5

normal course oftransportation and not longer than 35 days. Transfer facilities are subject to regulation under Subpart 360-14 of this Title, unless exempt under that Subpart. Transfer facilities that store used oil for more than 35 days are subjectto regulation as processors under section 374-2.6 ofthis Subpart.

(2) Storage units. Owners or operators ofused oil transfer facilities may not store used oil in units other than tanks, containers or units subject to regulation under Subparts 373-2 and 373-3, of this Title. In addition, all storage facilities must be designed, constructed and operated in accordance with the following requirements in effect for the municipality in which the used oil transfer facility is located: (i) local building and fire codes, ifany; and (ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR ChapterXXXIII, SubchapterA, including the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA-30), as incorporated by reference in section 370.1(e) ofthis Title. (3) Used oil tanks. Compliance with petroleum bulk storage regulations. (i) Owners and/or operators ofused oil transfer facilities who store used oil in aboveground or underground used oil tank systems are required to comply, regardless oftank size, with sections 612.2 through 612.4, 613.2 through 613.9, 614.6 and614.12 ofthisTitle. In addition, owners and/or operators mustcomply with the following requirements: (a) aboveground used oil tanks with less than 10 percent volume beneath the surface ofthe ground, including tanks that are completely above the surface ofthe ground, must be equipped with secondary containment: (1) the secondary containment system must consist of, at a minimum:

(i) dikes, berms orretaining walls; and (ii) a floor. The floor must cover the entire area within the dikes, berms, or retaining walls, except, for tanks existing as of January 14, 1995, where existing portions ofthe tank meet the ground; or

(iii) an equivalent secondary containment system. (2) The entire containment system, including walls and floors, mustbe sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out ofthe system to the soil, groundwater, or surface water. (b) abovegroundused oil tanks with 10percentormore volumebeneaththe surface of the ground and underground used oil tanks must also meet the applicable requirements contained in 40 CFR part 280, as incorporated by reference in section 370.I(e) ofthis Title, whetherornot the used oil exhibits any characteristics ofhazardous waste; (c) used oil tanks at a facility licensed under Part 610 of this Title do not require registration underPart 612 ofthis Title. (ii) New aboveground and new underground used oil tanks must be installed in accordance with sections 613.2, 613.3(c)(3) through (6), and 614.2 through 614.14 ofthis Title.

(iii) Requirements ofthis paragraph shall apply onJanuary 14, 1995, except as follows:

(a) by July 14, 1995:

(1) used oil tanks, regardless oftheir size, must be registered pursuant to section 612.2 ofthis Title: and

(2) the requirements ofclause (i)(a) ofthis paragraph must be met. (b) except for secondary containment requirements, existing facilities must be in compliance with the requirements of sections 613.3(c) and 613.6(b) of this Title by January 14, 1997. (4) Condition ofunits. Containers and aboveground used oil tanks used to store used oil at transferfacilities must be: (i) in good condition (no severe rusting, apparent structural defects ordeterioration): and

03-15-2006 6568.2a Conservation

### § 374-2.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(ii) not leaking (no visible leaks). (5) Secondary containment for containers. Containers used to store used oil at transfer facilities must be equipped with a secondary containment system. (i) The secondary containment system must consist of, at a minimum:

(a) dikes, berms orretaining walls; (b) a Hoor. The Hoor must cover the entire area within the dikes, berms or retaining walls; or

(c) an equivalent secondary containment system. (ii) The entire containment system, including walls and Hoors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out ofthe system to the soil, groundwater, or surface water. (6) Labels. (i) Containers and aboveground used oil tanks used to store used oil at transfer facilities must be clearly labeled or marked with the design capacity and working capacity ofthe tank and with the words "Used Oil".

(ii) Fill pipes used to transfer used oil into underground used oil tanks at transfer facilities mustbe clearly labeled ormarked with the capacity ofthe tank and with the words "Used Oil". (7) Response to releases. (i) Any spill, discharge, orrelease ofused oil shall be subject to all applicable provisions of article 12 ofthe Navigation Law (NL sections 170 through 197) and its implementing rules and regulations, 17 NYCRR Parts 32

- 33 and Part 611 of this Title, regarding, butnotlimitedto, notification, cleanup, and liability, and are subject to applicable provisions ofarticle 17, titles 10and 17, oftheEnvironmental ConservationLaw, and section 613.8 ofthis Title.

(ii) Upon detection ofa release ofused oil to the environment that is not subject to the requirements of subpart F of 40 CFR part 280, as incorporated by reference in section 370.l(e) ofthis Title, the owner/operator ofa transfer facility must perform the following cleanup steps: (a) stop the release; (b) contain the releasedused oil; (c) clean up and manage properly the released used oil and othermaterials; (d) if necessary, repair or replace any leaking used oil storage containers or tanks priorto returning them to service. (iii) Within two hours ofdetecting a spill, discharge, or release ofused oil, the facility

owner or operator must notify the department Spill Hotline at (800) 457-7362, or, ifcalling from out ofstate, (518) 457-7362. (8) Closure. (i) Aboveground used oil tanks. Owners and operators who store used oil in abovegroundused oil tanks mustcomply with the following requirements within 180days afterused oil collection or storage has ceased: (a) Atclosure ofatank system, the owner oroperatormust remove ordecontaminate used oil residues in tanks, contaminated containment systems components, contaminated soils, and structures and equipment contaminated with used oil, and, unless the materials

are not hazardous waste underPart 371 ofthis Title, manage them as hazardous waste. In addition, the owner or operator must comply with the closure requirements of section 613.9 ofthis Title. Aboveground used oil tanks with greater than or equal to 10 percent volume beneath the surface of the ground must meet the applicable requirements contained in 40 CFR 280, as incorporated by reference in section 370.1(e) ofthis Title.

(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in clause (a) of this subparagraph, then the owner or operator must close the tank system and perform post-closure care requirements that apply to hazardous waste landfills (Subparts 373-2 and 373-3 of this Title).

6568.2b Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-2.5

(ii) Containers. Owners and operators who storeused oil incontainers mustcomply with the following requirements within 180days afterused oil collection or storage has ceased: (a) at closure. containers holding used oil or residues ofused oil must be removed from the site; and

(b) the owner or operator must remove or decontaminate used oil residues, contaminated containment systems components, contaminated soils, and structures and equipment contaminated with used oiL and, unless the materials are not hazardous waste underPart 371 ofthis Title, manage themas hazardous waste. (iii) Underground used oil tanks mustbe closed in accordance with section 613.9 ofthis Title and the applicable requirements contained in 40 CFR part 280 (as incorporated by reference in section 370.1 [e] ofthis Title). (g) Tracking. (1) Acceptance. Used oil transporters must keep a record ofeach used oil shipmentacceptedfortransport. In addition, owners and operators ofused oil transferfacilities subject to permitting underPart 360 ofthis Title must maintain copies ofall invoices. Records for each shipment must include: (i) the name and address of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

(ii) the EPA identification number (if applicable) of the generator, transporter, or processor/re-refinerwho provided the used oil for transport;

(iii) the quantity ofused oil accepted; (iv) the date ofacceptance; (v) the signature, dated upon receipt oftheused oil, ofarepresentative ofthe generator, transporter, or processor/re-refiner who provided the used oil for transpOIt, except that intermediate rail transporters are not required to sign the record ofdelivery; and

(vi) owners and operators ofused oil transfer facilities subject to permitting under Part 360 ofthis Title mustinclude on theirshipmentrecords the type ofused oil (on-specification

or off-specification) and, ifon-specification, the method ofdetermination (chemical analysis, pre-characterization, orother). (2) Deliveries. Used oil transporters mustkeep arecord ofeach shipment ofused oil thatis delivered to another used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility. Owners and operators ofused oil transferfacilities subjectto permittingunder Part 360 ofthis Title must also maintain copies ofall invoices. Records ofeach delivery must include: (i) the name and address ofthe receiving facility or transporter; (ii) the EPA identification numberofthe receiving facility or transporter; (iii) the quantity ofused oil delivered; (iv) the date ofdelivery; (v) the signature, dated upon receipt ofthe used oil, ofarepresentative ofthe receiving facility or transporter, except that intermediate rail transporters are not required to sign the record ofdelivery; and

(vi) owners and operators ofused oil transfer facilities subject to permitting under Part 360 ofthis Title must include on theirdelivery records the type ofused oil (on-specit1cation

or off-specification) and, ifon-specification, the method ofdetermination (chemical analysis. pre-characterization, or other). (3) Exports of used oil. Used oil transporters must maintain the records described in subparagraphs (2)(i) through (2)(iv) of this subdivision and, if applicable, (2)(vi) of this subdivision for each shipment ofused oil expOited to any foreign country.

(4) Record retention. Except as specified in subparagraph (i) ofthis paragraph. the records describedinparagraphs (I), (2), and (3) ofthis subdivision mustbe maintained for atleastthree years.

03·15·2006 6568.2c Conservation

### § 374-2.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(i) Owners oroperators oftransfer facilities subject to permitting underPart 360 ofthis Title must maintain the records for at least seven years. (h) Management ofresidues. Transporters who generate residues from the storage ortransport ofused oil must manage the residues as specified in section 374-2.2(a)(5) ofthis Subpart.

Historical Note Sec. filed Nov. 15, 1994; repealed. new filed March 13,2006eff. 60 days after filing. 

### § 374-2.6 Standards for processors and re-refiners.

(a) Applicability. (1) The requirements ofthis section apply to owners and operators of facilities that process or re-refine used oil. Processing means chemical or physical operations designed to produce from used oil, orto make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meetthe fuel specification, filtration, simple distillation, chemical orphysical separation andre-refining. Therequirements ofthis section do not apply to: (i) transporters that conduct incidental processing operations that occur during the normal course ofused oil transportation as providedin section 374-2.5(b) ofthis Subpart; or

(ii) burners that conduct incidental processing operations that occur during the normal

course ofused oil management prior to burning as provided in section 374-2.7(b)(2) ofthis Subpart. (2) Combined operations. Any used oil processinglre-refining facility located at a facility regulated under Part 373 of this Title must comply with the provisions of section 360-14.1 (a)(4) ofthis Title.

(3) Otherapplicable provisions. No person shall construct oroperate aused oil processing

orre-refining facility unless apermit has been obtained in accordance with Subparts 360-1 and 360-14 ofthis Title. Used oil processors/re-refiners who conduct the following activities are also subject to the requirements ofother applicable provisions ofthis Subpart as indicated in subparagraphs (i) through (v) ofthis paragraph. (i) Processors/re-refiners who generate used oil must also comply with section 374-2.3 ofthis Subpart.

(ii) Processors/re-refiners who transportused oil must also comply with section 374-2.5 ofthis Subpart.

(iii) Except as provided in clauses (a) and (b) of this subparagraph, processors/rerefiners who burn off-specification used oil for energy recovery must also comply with section 374-2.7 ofthis Subpart. Processors/re-refiners burning used oil for energy recovery underthe following conditions are not subjectto section 374-2.7 ofthis Subpart: (a) used oil that is generated by the processor/re-refiner may be burned in an on-site spaceheater, provided thatthe requirements ofsection 374-2.3(d) ofthis Subpartare met;

or (b) the used oil is burned for purposes ofprocessing used oil, which is considered burning incidentally to used oil processing; (iv) Processors/re-refiners who direct shipments ofoff-specification used oil from their facility to aused oil burner or who first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 374-2.2(b)(1) of this Subpart must also comply with section 374-2.8 ofthis Subpart; and

(v) Processors/re-refiners who dispose of used oil also must comply with section 374-2.9 ofthis Subpart. (b) Notification (1) Identification numbers. Used oil processors and re-refiners who have not previously complied with the notification requirements ofRCRA 3010 must comply with these requirements and obtain an EPA identification number. 

### \

6568.2d Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-2.6

(2) Mechanics ofnotification. Used oil processors orre-refiners who have not received an EPA identification numbermay obtain one by notifying the EPA regional administratoroftheir used oil activity by submitting either: (i) a completed EPA Form 8700-12 (to obtain EPA Form 8700-12 call RCRAI Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

(ii) a letter requesting 

### an EPA identification number. Call RCRAISuperfund Hotline to determine where to send a letter requesting an EPA identification number. The letter must include the following information: (a) processor orre-refiner company name; (b) owner ofthe processor orre-refinercompany; (c) mailing address for the processor orre-refiner; (d) name and telephone numberfor the processor orre-refinerpoint ofcontact; (e) type ofused oil activity (i.e., process only, process and re-refine); and (j) location ofthe processoror re-refiner facility. (c) Generalfacilitystandards. (I) Preparedness and prevention. Owners and operators of used oil collection centers, transfer, processor and re-refiner facilities must comply with the following requirements: (i) Maintenance and operation offacility. Facilities mustbe maintained and operated to minimize the possibility ofafire, explosion, or any unplanned sudden ornon-sudden release ofused oil to air, soil, or surface water which could threaten human health or the environment.

(ii) Required equipment. All facilities mustbe equipped with the following, unless none of the hazards posed by used oil handled at the facility could require a particular kind of equipment specified in clauses (a) through (d) ofthis subparagraph: (a) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(b) adevice, such as atelephone (immediately available at the scene ofoperations) or

a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State orlocal emergency response teams;

(c) personnel safety equipment, including, at a minimum, portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, decontamination equipment, showers, eyewash, hoses, hard hat, safety goggles, hearing protection, and personal hygiene facilities; and

(d) water at adequate volume and pressure to supply water hose streams, or foamproducing equipment, or automatic sprinklers, or water spray systems. (iii) Testing and maintenance ofequipment. All facility communications or alarm systems. fire protection equipment, spill control equipment, and decontamination equipment, where required. must be tested and maintained as necessary to assure its properoperation in time ofemergency.

(iv) Access to communications or alarm system.

(a) Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly orthrough visual or voice contact with another employee, unless such a device is not required in subparagraph (ii) of this paragraph.

(b) Ifthere is everjust one employee on the premises while the facility is operating, the employee must have immediate access to a device, such as a telephone (immediately available at the scene ofoperation) or a hand-held two-way radio, capable ofsummoning external emergency assistance.

03-15-2006 6568.2e Conservation

### § 374-2.6 TITLE 6 ENVIRONMENTAL CONSERVAnON

(v) Required aisle space. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless \ aisle space is not needed for any ofthese purposes.

(vi) Arrangements with local authorities.

(a) The owner or operator must attempt to make the following arrangements, as appropriate for the type ofused oil handled at the facility and the potential need for the services ofthese organizations: (1) arrangements to familiarize police, fire departments, and emergency response teams with the layout ofthe facility, properties ofused oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

(2) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and

(4) arrangements to familiarize local hospitals with the properties of used oil handled atthe facility andthe types ofinjuries orillnesses which couldresultfrom fires, explosions, or releases at the facility. (b) Where State orlocal authorities decline toenterinto such arrangements, the owner
oroperator must document the refusal in the operating record. (2) Contingencyplan and emergency procedures. Owners and operators ofused oil collection centers, transfer, processor, and re-refinerfacilities must comply with the requirements of section 360-1.9(h) ofthis Title and also the following requirements: (i) Purpose and implementation ofcontingency plan.

(a) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environmentfrom fires, explosions, orany unplanned sudden ornon-sudden release ofused oil to air, soil, or surface water.

(b) The provisions ofthe plan must be carried out immediately whenever there is a fire, explosion, or release ofused oil which could threaten human health or the environment. The facility operator must assure that the provisions ofthis plan are carried out in the event ofan incident covered by it. (ii) Content ofcontingency plan.

(a) The contingency plan must describe the actions facility personnel must take to comply with subparagraphs (i) and (vi) ofthis paragraph in response to fires, explosions,

orany unplanned sudden ornon-sudden release ofused oil to air, soil, or surface water at the facility. and actions to be taken ifthe facility is shutdown for more than 24 hours.

(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CPR part 112, as incorporated by reference in section 370.1(e) ofthis Title, or some otheremergency or contingency plan, the owner or operator need only amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements ofthis Subpart.

(e) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to subparagraph (c)(l)(vi) ofthis section.

(d) The plan must list names, addresses. and phone numbers (office and home) ofall persons qualified to act as emergency coordinator (see subparagraph [v] of this paragraph), and this list must be kept up to date. Where more than one person is listed, one

6568.21' Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.6

mustbe named as primary emergency coordinatorand others mustbe listedinthe orderin which they will assume responsibility as alternates.

(e) Theplanmustinclude alistofall emergency equipmentatthe facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems [internal and external], and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition. the plan must include the location and a physical description ofeach item on the list, and abriefoutline ofits capabilities.

(j) The plan must include an evacuation plan for facility personnel, including a description of signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases ofused oil or fires). (iii) Copies ofcontingency plan. A copy ofthe contingency plan and all revisions to the plan must be: (a) maintained at the facility; and (b) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services. (iv) Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, ifnecessary, whenever: (a) applicable regulations are revised; (b) the plan fails in an emergency; (c) the facility changes

- in its design, construction, operation, maintenance, or other circumstances

- in a way that materially increases the potential for fires, explosions, or releases ofused oil, or changes the response necessary in an emergency;

(d) the list ofemergency coordinators changes; or (e) the list ofemergency equipment changes. (v) Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period oftime) with the responsibility for coordinating all emergency response measures. This emergency coordinatormustbe thoroughly familiarwith all aspects ofthe facility's contingencyplan, all operations and activities atthe facility, the location and characteristics ofused oil handled, the location ofall records within the facility, and facility layout. 

### In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. Guidance: The emergency coordinator's responsibilities are
more fully spelledoutin subparagraph (vi) ofthis paragraph. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety ofused oil handled by the facility, and type and complexity ofthe facility.

(vi) Emergency procedures.

(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the designee when the emergency coordinator is on call) must immediately:(1) activate internal facility alarms or communication systems, where applicable.

to notify all facility personnel; and

(2) notify appropriate State orlocal agencies with designatedresponse roles iftheir help is needed. (b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent ofany released materials. This may be done by observation orreview offacility records oflogs, invoices, manifests, bills of lading, or other shipping documents and, if necessary. by chemical analysis.

03-15-2006 6568.2g Conservation

### § 374-2.6 TITLE 6 ENVIRONMENTAL CONSERVATION

(c) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must considerboth direct and indirect effects ofthe release, fire, orexplosion \ (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water ofchemical agents used to control fire and heat-induced explosions).

(d) Ifthe emergency coordinatordetermines thatthe facility has had arelease. fire, or explosion which could threaten human health, orthe environment, outside the facility, the incident must be assessed and findings reported as follows: (1) ifthe assessment indicated that evacuation oflocal areas may be advisable. the emergency coordinator must immediately notify appropriate local authorities. The coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and

(2) within two hours of detecting a spill, discharge, or release of used oil, the emergency coordinatormust notify the department Spill Hotline at (800) 457-7362, or, ifcalling from out ofstate, (518) 457-7362. The emergency coordinator must immediately notify either the government official designated as .the on-scene coordinator (in the applicable National Contingency Plan under part 300 of title 40 of the Code of Federal Regulations, as incorporated by reference in section 370.1 [e] ofthis Title), or the National Response Center (using their 24-hour toll free number [800] 424-8802). The report must include: (i) name and telephone number ofreporter; (ii) name and address offacility; (iii) time and type ofincident (e.g., release, fire); (iv) name and quantity ofmaterial(s) involved, to the extentknown; (v) the extentofinjuries, ifany; and (vi) the possible hazards to human health, or the environment, outside the facility. (e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure thatfires, explosions, and releases do notoccur, recur, or spread to other used oil, hazardous waste, solid waste orused oil-derived fuels orproducts at the facility. These measures must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing orisolating containers.

if) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(g) Immediately after an emergency, the emergency coordinator must provide for recycling, storing, ordisposing ofrecovered used oiL contaminated soil or surface water,

or any other material thatresults from arelease, fire, or explosion at the facility.

(h) The emergency coordinatormustensure that, in the affected area(s) ofthe facility:

(1) no waste or used oil that may be incompatible with the released material is recycled. treated, stored, ordisposed ofuntil cleanup procedures are completed;

(2) all emergency equipment listed in the contingency plan is cleaned and fit forits intended use before operations are resumed; and

(3) the owneroroperator must notify the regional directorofthe department in the region in which the facility is located and local authorities that the facility is in compliance with subclauses (1) and (2) ofthis clause before operations are resumed in the affected area(s) ofthe facility. (i) The owneroroperatormustnote in the operating record: the time, date, and details ofany incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator must submit a written report on the incident to the EPA

6568.2h Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.6

regional administrator and the regional director ofthe department in the region in which the facility is located. The report must include: (1) name, address, and telephone number ofthe owneror operator; (2) name, address, and telephone number ofthe facility; (3) date, time, and type ofincident (e.g., fire, explosion); (4) name and quantity ofmaterial(s) involved: (5) the extent ofinjuries, ifany; (6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) estimated quantity and disposition ofrecovered material that resulted from the incident. (d) Quality control and rebuttable presumptionfor used oil. (I) To ensure that used oil managed at aused oil processing/re-refining facility is not hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i)(b) ofthis Subpart, the facility owner or operator must determine whether the total halogen content ofused oil managed at the facility is greater than orequal to 1,000 ppm. The owner or operator must make this determination, upon arrival ofevery used oil transport vehicle at the facility, by obtaining a sample from each incoming load, in accordance with Appendix 19 ofthis Title or a method shown to be equivalent under section 370.3(a) and (b) ofthis Title. Such sample mustbe testedby using an analytical method from SW-846, as incorporated by reference in section 370.1(e)(8) ofthis Title, to determine whether the total halogen content of the load, whether or not commingled from various generators, is greaterthan orequal to 1,000ppm. (i) If the tests for total halogens are performed at other than a department acceptable laboratory, then five percent ofall tests must have split samples taken and transmitted to a laboratory acceptable to the department. (2) Ifthe used oil contains greaterthan orequal to 1,000ppmtotal halogens, itis presumed to be ahazardous waste because it has been mixed with halogenated hazardous waste listed in section 371.4 ofthis Title. The owneroroperatormay rebutthe presumptionby demonstrating that the used oil does notcontainhazardous waste (forexample, by using an analytical method from SW-846, as incorporatedby reference in section 370.1 Ie][8] ofthis Title, to show thatthe used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix 23 ofthis Title, or by demonstrating that the halogenated constituents are from conditionally exempt small quantity generators, as defined in section 371.1 

### 1f]1 1] ofthis Title). (i) Laboratory analyses completed for purposes of rebuttable presumption must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department ofHealth's Environmental Laboratory Approval Program (ELAP).

(ii) The rebuttable presumption does not apply to metalworking oilslfluids containing chlorinated paraffins, ifthey are processed through a tolling arrangement, as described in section 374-2.3(e)(3) ofthis Subpart, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids ifsuchoils/fluids are recycledin any othermanner, or disposed.

(iii) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined forreclamation. The rebuttable presumption does apply tousedoils contaminated with CFCs that have been mixed with used oil from sources otherthan refrigeration units. (3) Ifthe owneroroperatorofaused oil processing/re-refining facility does not attempt or is unable to rebut the presumption, the owner or operator must immediately contact the appropriate department Regional Solid and Hazardous Materials Engineer and reject the load, in accordance with the procedures ofsection 374-2.6(f)(3) ofthis section.

03-15-2006 6568.2i Conservation

### § 374-2.6 TITLE 6 ENVIRONMENTAL CONSERVATION

(4) Used oil containing 50 ppm by weight, or greater, of PCBs is a hazardous waste, excludingoil derived from small capacitors, as definedin section 371.4(e)(3)(ii) ofthisTitle, as the sole PCB contamination source. Applicable standards are contained in Part 370 through \ Subpart 374-1 and Part 376 ofthis Title. (e) Usedoilmanagement. Used oil processors/re-refiners are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part ]]2, as incorporated by reference in section 370.1 [e] ofthis Title) in addition to the requirements ofthis section and Subpart 360-14 of this Title. Used oil processors/re-refiners are also subject to the Underground Storage Tank (40 CPR part280, as incorporatedby reference in section 370.I[e] ofthisTitle) standards forused oil stored in underground tanks whether ornot the used oil exhibits any characteristics ofhazardous waste, in addition to the requirements ofthis section. (1) Managementunits. Used oil processors/re-refiners shall not storeused oil inunits other than tanks, containers, or units subject to regulation under Subparts 373-2 and 373-3 ofthis Title. In addition, all storage units must be designed, constructed and operated in accordance with the following requirements in effect for the municipality in which the facility is located: (i) local building and fire codes, ifany; and (ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR ChapterXXXIII, SubchapterA, including the National FireProtection Association Flammable and Combustible Liquids Code (NFPA-30) (as incorporated by reference in section 370.1[e] ofthis Title). (2) Used oil tanks. Compliance with petroleum bulk storage regulations.

(i) Owners and/or operators ofused oil processing and re-refining facilities who store used oil in aboveground or underground used oil tank systems are required to comply, regardless oftank size, with sections 612.2 through 612.4, 613.2 through 613.9, 614.6 and 614.12 ofthis Title. In addition, owners and/or operators must comply with the following requirements: (a) Aboveground used oil tanks with less than 10percent volume beneath the surface ofthe ground, including tanks that are completely above the surface ofthe ground, must be equipped with secondary containment: (1) The secondary containment system must consist of, at aminimum:

(i) dikes, berms orretaining walls; and (ii) a floor. The floor must cover the entire area within the dikes, berms, or retaining walls, except, for tanks existing as of January 14, 1995, where existing portions ofthe tank meetthe ground; or

(iii) an equivalent secondary containment system. (2) The entire containment system, including walls and floors, mustbe sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out ofthe system to the soil, groundwater, or surface water. (b) Aboveground used oil tanks with 10 percent or more volume beneath the surface ofthe ground andundergroundused oil tanks must also meet the applicable requirements contained in 40 CFR part 280, as incorporated by reference in section 370.1 (e) ofthis Title, whether ornot the used oil exhibits any characteristics ofhazardous waste. (c) Used oil tanks at a facility licensed under Part 610 of this Title do not require registration underPart 612 ofthis Title. (ii) New aboveground and new underground used oil tanks must be installed in accordance with sections 613.2, 61 3.3(c)(3) through (6), and sections 614.2 through 614.14 ofthis Title.

(iii) Requirements ofthis paragraph shall apply onJanuary 14, 1995, except as follows:

(a) by July 14, 1995:

(1) used oil tanks, regardless oftheir size, must be registered pursuant to section 612.2 ofthis Title; and

6568.2j Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-2.6

(2) the requirements ofclause (i)(a) ofthis paragraph must be met. (b) except for secondary containment requirements, existing facilities must be in compliance with the requirements of sections 613.3(c) and 613.6(b) of this Title by January 14, 1997. (3) Condition ofunits. Containers and aboveground used oil tanks used to store orprocess used oil at processing and re-refining facilities must be: (i) in good condition (no severe rusting, apparent structural defects ordeterioration); and (ii) not leaking (no visible leaks). (4) Secondary containment for containers. Containers used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system. (i) The secondary containment system must consist of, at aminimum:

(a) dikes, berms orretaining walls; and (b) a floor. The floor must cover the entire area within the dike, berm or retaining wall: or

(c) an equivalent secondary containment system. (ii) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out ofthe system to the soil, groundwater, or surface water. (5) Labels. (i) Containers and aboveground used oil tanks used to store used oil at processing and re-refining facilities must be clearly labeled or marked with the design capacity and working capacity ofthe tank and with the words "Used Oil".

(ii) Fill pipes used to transferused oil into underground used oil tanks at processing and re-refining facilities mustbe clearly labeled ormarked with thecapacity ofthe tank and with the words "Used Oil". (6) Response to releases. (i) Any spill, discharge, orrelease ofused oil shall be subject to all applicable provisions of article 12 ofthe Navigation Law (NL sections 170 through 197) and its implementing rules and regulations, 17 NYCRR Parts 32

- 33 and Part 611 of this Title, regarding, but not limited to, notification, clean up, and liability, and are also subject to applicable provisions ofarticle 17, titles 10 and 17, ofthe Environmental Conservation Law, and section 613.8 ofthis Title.

(ii) Upon detection ofa release ofused oil to the environment that is not subject to the requirements of subpart F of 40 CFR part 280, as incorporated by reference in section 370.l(e) ofthis Title, the owner/operator must perform the following cleanup steps: (a) stop the release; (b) contain the released used oil: (c) clean up and manage properly the released used oil and othermaterials; (d) if necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service. (iii) Within two hours ofdetecting a spill, discharge, or release ofused oil, the facility

owner or operator must notify the department Spill Hotline at (800) 457-7362, or, ifcalling from out ofstate, (518) 457-7362. (7) Closure. (i) Aboveground used oil tanks. Owners and operators who store or process used oil in aboveground used oil tanks must comply with the following requirements within 180days after used oil storage orprocessing has ceased: (a) At closure ofatank system, the owner oroperatormust remove ordecontaminate used oil residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and, unless the materials

are not hazardous waste underPart 371 ofthis Title, manage them as hazardous waste. 

### In addition, the owner or operator must comply with the closure requirements of section 613.9 ofthis Title. Aboveground used oil tanks with 10 percent or more volume beneath

03-15-2006 6568.2k Conservation

### § 374-2.6 TITLE 6 ENVIRONMENTAL CONSERVAnON

the surface ofthe ground must also comply with the applicable requirements of40 CFR 280, subpart G, as incorporated by reference in section 370.1 (e) ofthis Title.

(b) If the owner or operator demonstrates that not all contaminated soils can be \ practicably removed or decontaminated as required in clause (a) ofthis subparagraph, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills (section 373-3.l4[d] ofthis Title). (ii) Containers. Owners and operators who storeused oil incontainers mustcomply with the following requirements within 180 days after used oil storage has ceased: (a) at closure, containers holding used oils or residues ofused oil must be removed from the site;

(b) the owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and, unless the materials are not hazardous waste underPart 371 ofthis Title, manage them as hazardous waste. (iii) Undergroundused oil tanks mustbe closed in accordance with section 613.9 ofthis Title and the applicable requirements of40 CFR 280, subpart G, as incorporated by reference in section 370.1 (e) ofthis Title. (f) Quality controlplan. Owners or operators ofused oil processing and re-refining facilities must develop and follow a written quality control plan describing the procedures that will be used to comply withthe analysis requirements ofsubdivision (d) ofthis section and, ifapplicable, section 374-2.8(c) ofthis Subpart. The owner or operator must keep the plan at the facility, and must receive approval from the department for any changes to an approved plan before implementation ofsuch changes. (1) Rebuttable presumption for used oil in subdivision (d) ofthis section. At a minimum, the plan mustprovide adetaileddescription ofhow all incoming loads ofused oil will be tested for total halogen content, specifying the following: (i) the sampling methodused to obtain representative samples to be analyzed. Arepresentative sample may be obtained using either: (a) one ofthe sampling methods in Appendix 19 ofthis Title; or (b) a'method shown to be equivalentunder section 370.3(a) and (b) ofthis Title; (ii) the frequency of"sampling to be performed, and whether the analysis will be performed on-site oroff-site; and

(iii) the methods used to analyze used oil forthe parameters specifiedin subdivision (d) ofthis section. (2) On-specification used oil fuel in section 374-2.8(c) ofthis Subpart. At aminimum, the plan must specify orinclude the following ifsection 374-2.8(c) ofthis Subpartis applicable: (i) a detailed flow diagram of the facility, indicating where off-specification and onspecification used oils are handled:

(ii) whether sample analyses orotherinformation will be used to make the on-specification determination;

(iii) ifsample analyses are used to make the on-specification determination:

(a) the sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either: (1) one ofthe sampling methods in Appendix 19 ofthis Title; or (2) a method shown to be equivalent under section 370.3(a) and (b) ofthis Title: (b) whetherused oil will be sampled and analyzedpriorto orafter any processing/rerefining;

(c) the frequency of sampling to be performed; and whether the analysis will be performed on-site or off-site; and

6568.21 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-2.6

(d) the methods used to analyze used oil for the parameters specified in section 374-2.8(c) ofthis Title. (iv) the type ofinformation that will be used to make the on-specification used oil fuel determination; and

(v) a description of what procedures and precautions will be taken to assure that onspecification used oil is not contaminatedwith foreign substances that would cause the used oil to be classified as off-specification. (3) Management of materials suspected or determined to be hazardous waste. The plan mustprovide detailedprocedures as to how the owneroroperatorwill handle aload ofused oil that is suspected to be, or is determined to contain a listed hazardous waste. This plan must include the following: (i) a description ofthe procedures to be used ifthe load is rejected prior to being offloaded at the facility;

(ii) a description ofthe procedures to be used ifthe load is off-loaded at the facility and is later found to contain alistedhazardous waste: and

(iii) a description ofthe procedures for notifying the department ifaload ofused oil is rejected from the facility due to the potential ofthe loadcontaining alisted hazardous waste. These procedures must include the notification by the facility operator to the appropriate department Regional Solid and Hazardous Materials Engineer immediately by phone and within three days by letter. (g) Tracking. (I) Acceptance. Used oil processors/re-refiners must ensure thatused oil is transported to theirfacilities only by transporters who are permitted, as required by Part 364 of this Title. Used oil processors/re-refiners are required to confirm that the transporters delivering used oil to theirfacilities carry a valid Part 364 waste transporter permit, ifrequired. Used oil processors/re-refiners mustkeep copies ofinvoices foreach used oil shipment accepted for processing/re-refining. Records for each shipment must include the following information: (i) the name and address ofthe transporter who delivered the used oil to the processor/

re-refiner;

(ii) the name and address ofthe generator, transfer facility or processor/re-refiner from whom the used oil was sent for processing/re-refining;

(iii) the EPA identification number ofthe transporter who delivered the used oil to the processor/re-refiner;

(iv) the EPA identification number (if applicable) ofthe generator, transfer facility or processor/re-refiner from whom the used oil was sent for processing/re-refining;

(v) the quantity ofused oil accepted; (vi) the type ofused oil (on-specification or off-specification) and, ifon-specification, the method ofdetermination (chemical analysis, pre-characterization); and

(vii) the date ofacceptance. (2) Delivery. Used oil processors/re-refiners must keep copies ofinvoices for each shipment ofused oil that is shipped to a used oil burner, processor/re-refiner, or disposal facility. Records for each shipment must include the following information: (i) the name and address of the transporter who delivers the used oil to the burner, processor/re-refinerordisposal facility;

(ii) the name and address ofthe burner, processor/re-refinerordisposal facility who will receive the used oil;

(iii) the EPA identification number ofthe transporter who delivers the used oil to the burner, processor/re-refiner ordisposal facility;

(iv) the EPA identification number ofthe burner, processor/re-refiner. ordisposal facility who will receive the used oil:

(v) the quantity ofused oil shipped;

03-15-2006 6568.2m Conservation

### § 374-2.6 TITLE 6 ENVIRONMENTAL CONSERVATION

(vi) the type ofused oil (on-specification or off-specification) and, ifon-specification, the method ofdetermination (chemical analysis, pre-characterization); and

(vii) the date ofshipment (3) Record retention. The records described in paragraphs (1) and (2) ofthis subdivision mustbe maintained for atleast seven years. (h) Operating recordandreporting. (1) Operating record. (i) The owner or operator of a used oil processing or re-refining facility must keep a written operating record at the facility. (a) The operating record must include the facility's used oil tracking records, as described in subdivision (g) ofthis section.

(b) Unless otherwise specified in Part61 3 ofthis Title, records ofinspections mustbe maintained in the facility's operating record for aperiod ofseven years. (ii) The following information must be recorded, as it becomes available, and maintained in the operating record until closure ofthe facility; (a) records and results of used oil analyses performed as described in the quality control plan required under subdivision (f) ofthis section; and (b) summary reports and details of all incidents that require implementation of the contingency plan as specified in paragraph (c)(2) ofthis section. (2) Reporting. No later than March 1st ofeach calendar year, the owner or operator ofa used oil processing orre-refining facility must file with the department's central office and the department office administering the region in which the facility is located, an annual report for the priorcalendaryearin aform prescribedby oracceptable to the department. Thereportmust include the following information: (i) facility name, address, EPA identification number, contact person, phone number and location;

(ii) the calendaryearcovered by the report; (iii) alisting ofeach storage tank and its capacity; (iv) a monthly summary ofall incoming and outgoing loads since the last report which must include: (a) a list ofthe names, addresses, and EPA identification numbers ofthe originating facilities from which used oil was accepted (if used oil is received from numerous facilities under one load, the transporter's name, Part 364 permit number, and EPA identification numbercanbe used);

(b) a list of the names, addresses and EPA identification numbers of the off-site receiving facilities to which oil was shipped; and

(c) a summary by type ofthe quantity of used oil accepted from or shipped to the facilities listed under clauses (a) and (b) of this subparagraph (on-specification or offspecification), and the mannerin which the used oil is processedlre-refined, including the specific processes employed. (v) if, sincethe lastreport, any chemical analysis wasperformedon theused oil received by the facility forthe purpose ofchecking on-site screening fortotal halogens, atabulation of the datafrom any such analysis and the associated total halogen screening data;

(vi) a description ofany spills or emergencies that occurred at the facility since the last report and corrective actions taken in response to such occurrences;

(vii) alist ofany unacceptable used oil that was rejected orreceivedby the facility since the last report and how it was handled. Unacceptable used oil must be managed in accordance with the permittee's used oil quality control plan for the management of materials suspected or determined to be hazardous waste, as required by paragraph (f)(3) of this section. This list must include the date the shipment was rejected orreceived, the quantity of \

6568.2n Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.7

material rejected, the Part 364 permitnumber ofthe transporterofthe rejected load, and the EPA identification number ofthe transporterofthe rejected load: and

(viii) adescription ofany operational changes since the last report or anticipated future changes to the facility. (i) Off-site shipments ofused oil. Used oil processors/re-refiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an EPA identification number and who is authorized underPart 364 ofthis Title.



### 0) Managementof residues. Owners and operators who generateresidues from the storage, processing, or re-refining of used oil must manage the residues as specified in section 374-2.2(a)(5) ofthis Subpart.

Historical Note Sec. filed Nov. 15, 1994: repealed, new filed March 13. 2006 eff. 60 days afterfiling. 

### § 374-2.7 Standards for used oil burners who burn off-specification used oil for energy recovery.

(a) Applicability. (1) General. The requirements ofthis section apply to used oil burners except as specifiedin subparagraphs (i) and (ii) ofthis paragraph. Ausedoilburneris afacility where used oil not meeting the specification requirements in section 374-2.2(b)(1) of this Subpartis burned for energy recovery in devices identified in paragraph (b)(1) ofthis section. Facilities burningused oil forenergy recovery underthe following conditions are not subjectto this section: (i) the used oilis burned by the generatorin an on-site spaceheaterunderthe provisions ofsection 374-2.3(d) ofthis Subpart; or

(ii) the used oil is burned by aprocessor/re-refiner for purposes ofprocessing used oil, which is consideredburning incidentally to used oil processing. (2) Otherapplicable provisions. Used oil burners mustcomply with the applicablerequirements of Parts 201 and 225 of this Title. In addition, used oil burners who conduct the following activities are also subject to the requirements ofother applicable provisions ofthis Subpart as indicated below: (i) burners who generate used oil must also comply with section 374-2.3 ofthis Subpart; (ii) burners whotransportused oil mustalsocomply with section 374-2.5 ofthis Subpart and Part 364 ofthis Title, ifapplicable;

(iii) except as provided in paragraph (b)(2) ofthis section, burners who process or rerefine used oil must also comply with section 374-2.6 ofthis Subpart;

(iv) burners who direct shipments ofoff-specification used oil from their facility to a used oil burner, orfirst claim thatused oil thatis to be burned for energy recovery meets the used oil fuel specifications set forth in section 374-2.2(b)(1) of this Subpart, must also comply with section 374-2.8 ofthis Subpart; and

(v) burners who dispose ofused oil must comply with section 374-2.9 ofthis Subpart. (3) Specification fuel. This section does not apply to persons burning used oil that meets the used oil fuel specification ofsection 374-2.2(b)(I) ofthis Subpart, provided that the burner complies with the requirements ofsection 374-2.8 ofthis Subpart. (b) Restrictions on burning. (1) Off-specification used oil fuel may be burned for energy recovery in only the following devices: (i) industrial furnaces identified in section 370.2(b) ofthis Title; (ii) boilers, as defined in section 370.2(b) ofthis Title, that are identified as follows:

(a) industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component pmts ofproducts, by mechanical orchemical processes:

03-15-2006 6568.20 Conservation

### § 374-2.7 TITLE 6 ENVIRONMENTAL CONSERVATlON

(b) utility boilers used to produce electric power, steam, heated orcooled air, orother gases orfluids for sale; or

(c) on-site burning in space heaters. Generators may bum used oil in used oil-fired \ space heaters provided that: (1) the heater bums only used oil that the owner or operator generates or used oil received from household do-it-yourselferused oil generators;

(2) the heateris designed to have a maximum capacity ofno more than 0.5 million Btu perhour; and

(3) the combustion gases from the heaterare vented to the outside ambient air: (iii) hazardous waste incinerators subject to regulation under section 373-2.15 or 373-3.15 ofthis Title. (2) Other used oil activities. (i) Except ilS provided in subparagraph (ii) ofthis paragraph, used oil burners may not process used oil unless they also comply with the requirements ofsection 374-2.6 ofthis Subpart.

(ii) Used oil burners may aggregate off-specification used oil with virgin oil or onspecification used oil for purposes of burning, but may not aggregate for purposes of producing on-specification used oil. (c) Notification. (1) Identification numbers. Used oil burners which have not previously complied with the notification requirements ofRCRA section 3010 must comply with these requirements and obtain an EPA identification number.

(2) Mechanics ofnotification. Used oil burners who have not received an EPA identification number may obtain one by notifying the EPA regional administrator of their used oil activity by submitting either: (i) a completed EPA Form 8700-12 (to obtain EPA Form 8700-12 call RCRA/ Superfund Hotline at 1-800-424-9346 or703-920-9810); or

(ii) aletterrequesting an EPA identification number. Call the RCRNSuperfund**Hotlin~** to determine where to send aletterrequesting an EPA identificationnumber. The lettermust include the following information: (a) burnercompany name; (b) ownerofthe burnercompany; (c) mailing address for the burner; (d) name and telephone numberfor the burnerpoint ofcontact: (e) type ofused oil activity; and (j) location ofthe burner facility. (3) Departmentnotification. A used oil burner must notify the department in writing ofits operation. Such notification must be sent to the depmtment office ofthe region in which the facility is located. (d) Quality control and rebuttable presumption/or usedoil. (1) To ensure that used oil managed at a used oil bumer facility is not hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i)(b) ofthis SUbpart, a used oil burner must determine whether the total halogen content ofused oil managed at the facility is greaterthan orequal to 1,000ppm.

(2) The used oil burner must determine ifthe used oil contains greater than or equal to 1,000 ppm total halogens by: (i) testing the used oil; (ii) applying knowledge ofthe halogen contentofthe used oil in lightofthe materials or processes used; or

(iii) ifthe used oil has been received from a processor/re-refiner subject to regulation under section 374-2.6 of this Subpart, using information provided by the processor/rerefiner.

6568.2p Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.7

(3) lftheused oil contains greaterthan orequal to 1,000ppmtotal halogens, it is presumed to be ahazardous waste because it has been mixed with halogenated hazardous waste listed in section 371.4 ofthis Title, The owneroroperatormay rebutthe presumptionby demonstrating that the used oil does notcontainhazardous waste (forexample, by using an analytical method from SW-846, as incorporatedby reference in section 370.1 [e][8] ofthis Title, to show thatthe used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix 23 ofthis Title, or by demonstrating that the halogenated constituents are from conditionally exempt small quantity generators, as defined in section 371.1 [f][I] ofthis Title). (i) Laboratory analyses completed for purposes of rebuttable presumption must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department ofHealth's Environmental Laboratory Approval Program (ELAP).

(ii) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, ifthey are processed, through a tolling arrangement, as described in section 374-2.3(e)(3) ofthis Subpart, to reclaim metalworking oils/fluids. The presumption does apply to metalworkingoils/fluidsifsuch oils/fluids are recycledin any othermanner, or disposed. (iii) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined forreclamation. Therebuttable presumption does applyto used oils contaminatedwithCFCs that have been mixed with used oil from sources otherthan refrigeration units. (4) Used oil containing 50 ppm by weight, or greater, of PCBs is a hazardous waste, excluding oil derivedfrom small capacitors, as definedin section 371.4(e)(3)(ii) ofthisTitle, as the sole PCB contamination source. Applicable standards are contained in Part 370 through Subpart 374-1 and Part 376 ofthis Title.

(5) Record retention. Records ofanalyses conducted or information used to comply with paragraphs (1), (2), (3), and (4) ofthis subdivisionmustbe maintainedby the burnerfor atleast three years. (e) 

### Used oil storage. Used oil burners are also subject to all applicable Spill Prevention, Control and Countermeasures (40CFR part 112, as incorporated by reference in section 370.1 [e] ofthis Title) in additiontotherequirements ofthis section. Used oil burners are also subjecttothe Underground StorageTank (40 CFR part 280, as incorporated by reference in section 370.1tel of this Title) standards forused oil stored in underground tanks whether or not the used oil exhibits any characteristics ofhazardous waste, in addition to the requirements ofthis section. (1) Storage units. Used oil burners may not store used oil in units other than tanks, containers, or units subject to regulation under Subparts 373-2 and 373-3 of this Title. In addition, all storage units must be designed, constructed and operated in accordance with the following requirements in effect for the municipality in which the burnerfacility is located: (i) local building and fire codes, ifany; and (ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR ChapterXXXIII, SubchapterA, including the National FireProtectionAssociationflammable and Combustible Liquids Code (NFPA-30) (as incorporated by reference in section 370.1 [e] ofthis Title). (2) Used oil tanks. Compliance with petroleum bulk storage regulations. (i) Used oil burners who store used oilin aboveground orundergroundused oil tank systems arerequired to comply, regardless oftank size, with sections 612.2 through 612.4, 613.2 through 613.9, 614.6 and 614.12 ofthis Title. In addition, burners must comply with the following requirements: (a) aboveground used oil tanks with less than 10 percent volume beneath the surface ofthe ground, including tanks that are completely above the surface ofthe ground, must be equipped with secondary containment:

03-15-2006 6568.2q Conservation

### § 374-2.7 TITLE 6 ENVIRONMENTAL CONSERVATION

(1) the secondary containment system mustconsist of, at a minimum:

(i) dikes, berms orretaining walls; and (ii) a floor. The floor must cover the entire area within the dikes. berms, or retaining walls, except, for tanks existing as of January 14, 1995, where existing portions ofthe tank meet the ground; or

(iii) an equivalent secondary containment system: (2) the entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out ofthe system to the soil, groundwater, or surface water; (b) aboveground usedoil tanks with 10percentormore volumebeneaththe surface of the ground and underground used oil tanks must also meet the applicable requirements contained in 40 CFR part 280, as incorporated by reference in section 370.1 (e) of this Title, whether ornot the used oil exhibits any characteristics ofhazardous waste; (c) used oil tanks at a facility licensed under Part 610 of this Title do not require registration underPart 612 ofthis Title. (ii) New aboveground and new underground used oil tanks must be installed in accordance with sections 613.2, 613.3(c)(3) through (6), and 614.2 through 614.14 ofthis Title.

(iii) Requirements ofthis paragraph shall apply onJanuary 14, 1995, except as follows:

(a) by July 14, 1995:

(1) used oil tanks, regardless oftheir size, must be registered pursuant to section 612.2 ofthis Title: and

(2) the requirements ofclause (i)(a) ofthis paragraph must be met; (b) except for secondary containment requirements, existing facilities must be in compliance with the requirements of sections 613.3(c) and 613.6(b) of this Title by January 14, 1997. (3) Condition ofunits. Containers and aboveground used oil tanks used to store used oil at burner facilities mustbe: (i) in goodcondition (no severerusting, apparent structural defects ordeterioration); and (ii) not leaking (no visible leaks). (4) Secondary containment for containers. Containers used to store used oil at burner facilities mustbe equipped with a secondary containment system. (i) The secondary containment system mustconsist of, at a minimum:

(a) dikes, berms orretaining walls; and (b) a floor. The floor must cover the entire area within the dike, berm, or retaining wall. (ii) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out ofthe system to the soil, groundwater, or surface water. (5)-(6) [Reserved] (7) Labels. (i) Containers and aboveground used oil tanks used to store used oil at burner facilities must be clearly labeled or marked with the design capacity and working capacity ofthe tank and with the words "Used Oil".

(ii) Fill pipes used to transferused oil into underground used oil tanks atburnerfacilities must be clearly labeled or marked with the capacity ofthe tank and with the words "Used Oil". (8) Response to releases. (i) Any spill, discharge, orrelease ofused oil shall be subject to all applicable provisions ofarticle 12 ofthe Navigation Law (NL sections 170 through 197) and its implementing rules and regulations, 17 NYCRR Parts 32

- 33 and Part 611 of this Title, regarding. but not limited to, notification, clean up, and liability, and are also \

6568.2r Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-2.7

subject to applicable provisions ofarticle 17, titles 10 and 17, ofthe Environmental Conservation Law, and section 613.8 ofthis Title.

(ii) Upon detection ofarelease ofused oil to the environment that is not subject to the requirements of subpart F of 40 CFR part 280, as incorporated by reference in section 370.1(e) ofthis Title, aburnermust perform the following cleanup steps: (a) stop the release; (b) contain the released used oil; (c) clean up and manage properly the released used oil and othermaterials; (d) if necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service; and (iii) Within two hours ofdetecting a spill, discharge, or release ofused oil, the facility

owner or operator must notify the department Spill Hotline at (800) 457-7362, or, ifcalling from out ofstate, (518) 457-7362. (f) Tracking. (1) Acceptance. Used oil burners mustensure that used oil is transported to their facilities only by transporters who are permitted, as required by Part 364 ofthis Title. Used oil burners are required to confirm that the transporters delivering used oil to their facilities carry avalidPart 364waste transporterpermit, ifrequired. Used oilburners mustkeep

arecord ofeach used oil shipment accepted for burning. These records may take the form ofa log, invoice, manifest, bill oflading, or other shipping documents. Records for each shipment must include the following information: (i) the name and address ofthe transporter who delivered the used oil to the burner; (ii) the name and address ofthe generator, transfer facility, orprocessor/re-refiner from whom the used oil was sentto the burner;

(iii) the EPA identification number ofthe transporter who delivered the used oil to the burner;

(iv) the EPA identification number (ifapplicable) ofthe generator, transfer facility, or**processor/r~-refiner** from whom the used oil was sent to the burner; (v) the quantity ofused oil accepted; and (vi) the date ofacceptance. (2) Record retention. The records described in paragraph (1) ofthis subdivision must be maintained for at least seven years. (g) Notices. (1) Certification. Before a burner accepts the first shipment ofoff-specification used oil fuel from a generator, transfer facility, transporter, or processor/re-refiner, the burner must provide to the generator, transfer facility, transporter, or processor/re-refiner a one-time written and signed notice certifying that: (i) the burner has notified EPA and the department office in the region in which the facility is located stating the location and general description ofhis or her used oil management activities; and

(ii) the burner will burn the used oil only in an industrial furnace orboiler identified in paragraph (b)(1) ofthis section. (2) Certification retention. The certification described in paragraph (l) ofthis subdivision must be maintained for seven years from the date the burner last receives shipment of offspecification used oil from that generator, transfer facility, transporter, orprocessor/re-refiner. (h) Management of residues. Burners who generate residues from the storage orburning of used oil must manage the residues as specified in section 374-2.2(a)(5) ofthis Subpart.

Historical Note Sec. filed March 13, 2006 eff. 60 days after filing.

03-15-2006 6568.2s Conservation

### § 374-2.8 TITLE 6 ENVIRONMENTAL CONSERVATION



### § 374-2.8 Standards for used oil fuel marketers.

(a) Applicability. (1) Any person who conducts either ofthe following activities is subjectto the requirements ofthis subdivision: (i) directs ashipmentofoff-specificationused oil from theirfacility to aused oil burner;

or(ii) first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 374-2.2(b)(1) ofthis Subpart. (2) The following persons are not marketers subject to this section:

(i) used oil generators, transfer facilities, and transporters who transport used oil received only from generators, unless the generator, transfer facility, or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. However, processors/re-refiners who bum someused oilfuel forpurposes ofprocessing are considered to beburning incidentally to processing. Generators, transferfacilities, and transporters who direct shipments ofoff-specification used oil to processors/re-refiners who incidentallybum used oil are not marketers subject to this section;

(ii) persons who direct shipments ofon-specification used oil and who are not the first person to claim the oil meets the used oil fuel specifications ofsection 374-2.2(b)(1) ofthis Title. (3) Any person subjecttothe requirements ofthis sectionmustalsocomply withone ofthe following: (i) section 374-2.3 ofthis Subpart

- Standards for used oil generators; (ii) section 374-2.5 of this Subpart

- Standards for used oil transporters and transfer facilities;

(iii) section 374-2.6 ofthis Subpart

- Standards for used oil processors and re-refiners;

or(iv) section 374-2.7 of this Subpart

- Standards for used oil burners who bum offspecification used oil for energy recovery. (b) Prohibitions. No used oil fuel marketer shall initiate a shipment of off-specification used oil to anyone other than aused oil burnerwho: (1) has an EPA identification number; and (2) bums theused oilinanindustrial furnace orboileridentifiedin section 374-2.7(b)(1) of this Subpart. (c) On-specification usedoilfuel. (1) Analysis ofused oil fuel. A generator, transporter, transferfacility, processor/re-refiner, orburnermay determine thatused oil thatis tobeburned for energy recovery meets the fuel specifications of section 374-2.2(b)(l) ofthis Subpart by performing analyses orobtaining copies ofanalyses orotherinformation documenting that the used oil fuel meets the specifications.

(2) Record retention. A generator, transporter, transfer facility, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the specifications forused oil fuel under section 374-2.2(b)(1) ofthis Subpart, mustkeep copies of analyses ofthe used oil (or otherinformation used to make the determination) for seven years. (d) Notification. (1) Identification numbers. A used oil fuel marketer subject to the requirements ofthis section who has not previously complied with the notification requirements ofRCRA 3010 mustcomply with these requirements and obtain an EPA identificationnumber.

(2) Used oil fuel marketers who have not received an EPA identification number may obtain one by notifying the EPA regional administrator oftheirused oil activity by submitting either: (i) a completed EPA Form 8700-12; or (ii) aletterrequesting an EPA identification number. The lettermustinclude the following information: \

6568.2t Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-2.9

(a) marketercompany name; (b) owner ofthe marketer; (c) mailing address for the marketer: (d) name and telephone numberfor the marketerpointofcontact; and (e) type ofused oil activity (i.e., generator directing shipments of off-specification used oil to abumer). (e) Tracking. (1) Off-specification used oil delivery. Any used oil marketerwho directs a shipment ofoff-specification used oil to aburner mustkeep arecord ofeach shipment ofused oil to a used oil burner. These records may take the form ofa log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information: (i) the name and address ofthe transporter who delivers the used oil to the burner; (ii) the name and address ofthe burner who will receive the used oil: (iii) the EPA identification number ofthe transporter who delivers the used oil to the burner:

(iv) the EPA identification number ofthe burner; (v) the quantity ofused oil shipped; and (vi) the date ofshipment. (2) On-specificationusedoil delivery. Agenerator, transporter, transferfacility, processor/ re-refiner, orburnerwho first claims thatused oil thatis tobeburnedforenergy recovery meets the fuel specifications under section 374-2.2(b)(1) ofthis Subpart must keep a record ofeach shipment ofused oil to an on-specification used oil burner. Records for each shipment must include the following information: (i) the name and address ofthe facility receiving the shipment; (ii) the quantity ofused oil fuel delivered; (iii) the date ofshipment ordelivery; and (iv) a cross-reference to the record ofused oil analysis or other information used to make the determination that the oil meets the specification as required under paragraph (c)(I) ofthis section. (3) Record retention. The records described in paragraphs (1) and (2) ofthis subdivision mustbe maintained for at least seven years. (f) Notices. (I) Certification. Before aused oil generator, transporter, transferfacility, or processor/re-refinerdirects the first shipmentofoff-specificationused oil fuel to aburner, he or she must obtain a one-time written and signed notice from the burnercertifying that: (i) the burner has notified the department and the EPA stating the location and general description ofused oil management activities; and

(ii) the burner will bum the off-specification used oil only in an industrial furnace or boiler identified in section 374-2.7(b)(1) ofthis Subpart. (2) Certification retention. The certification described in paragraph (I) ofthis subdivision mustbe maintained for seven years from the date the last shipmentofoff-specification used oil is shipped to the burner.

Historical Note Sec. filed March 13, 2006 eff. 60 days after filing. 

### § 374-2.9 Standards for disposal ofused oil.

(a) Applicability. Except as provided in paragraph (I) ofthis subdivision, the requirements ofthis section apply to all used oils that cannot be recycled and are therefore being disposed. (I) This section does not apply to used oils that are burned for energy recovery in accordance with section 374-2.7 ofthis Subpart and Parts 201 and 225 ofthis Title.

03-15-2006 6568.2u Conservation

### § 

### 374-2.9 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) Disposal. (1) Disposal of hazardous used oils. Used oils that are identified as a hazardous waste and cannot be recycled orburned for energy recovery in accordance with this Subpart and Parts 201 and 225 ofthis Title must be managed in accordance with the hazardous \ waste management requirements ofPart 370 through Subparts 374-1, 374-3, and Part 376 of this Title.

(2) Disposal ofnonhazardous used oils. Used oils that are nothazardous wastes and cannot be recycled or burned for energy recovery in accordance with this Subpart and Parts 201 and 225 ofthis Title mustbe disposed in accordance with the requirements ofPail 360 ofthis Title. (c) Use asadust suppressant. Theuse ofused oil as adust suppressantis prohibitedinNew York State.

Historical Note Sec. filed March 13, 2006 eff. 60 days afterfiling.

6568.2v Conservation 03-15-2006CHAPTER IV QUALITY SERVICES



## SUBPART 374-3

STANDARDS 

### FOR UNIVERSAL WASTES 

### § 374-3.1

Sec. 374-3.1 374-3.2 374-3.3 374-3.4 374-3.5 374-3.6 374-3.7 General requirements Standards for small quantity handlers ofuniversal waste Standards for large quantity handlers ofuniversal waste Standards for universal waste transporters Standards for destination facilities Importrequirements Petitions to include otherwastes underthis Subpart

Historical Note Subpart (§§ 374-3.1-374-3.7) filed Sept. 29,1998 eff. 60 days afterfiling. 

### § 374-3.1 General requirements.

(a) Scope. (1) This Subpartestablishes requirements for managing the following: (i) batteries as described in subdivision (b) ofthis section; (ii) pesticides as described in subdivision (c) ofthis section; (iii) thermostats as described in subdivision (d) ofthis section; and (iv) lamps as described in subdivision (e) ofthis section. (2) This Subpart provides an alternative set ofmanagement standards in lieu ofregulation under Part 370 through Subpart 374-1, and Part 376 ofthis Title. (b) Applicability-batteries. (1) Batteries covered underthis Subpart. (i) The requirements ofthis Subpartapply to persons managing batteries, as described in subdivision (i) ofthis section, except those listed in paragraph (2) ofthis subdivision.

(ii) Spent lead-acid batteries which are not managed under section 374-1.7 ofthis Part,

are subject to martagementunderthis Subpart. (2) Batteries not coveredunderthis Subpart. Therequirements ofthis Subpartdo not apply to persons managing the follOWing batteries: (i) Spent lead-acid batteries that are managed under section 374-1.7 ofthis Part. (ii) Batteries, as described in subdivision (i) ofthis section, that are notyet wastes under Part 371 ofthis Title, including those thatdo not meet the criteria for waste generation in paragraph (3) ofthis subdivision.

(iii) Batteries, as described in subdivision (i) of this section, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 ofthis Title. (3) Generation ofwaste batteries. (i) A used battery becomes a waste on the date it is discarded (e.g., when sentfor reclamation).

(ii) An unused battery becomes a waste on the date the handler decides to discard it. (c) Applicability-pesticides. (1) Pesticides covered under this Subpart. The requirements ofthis Subpart apply to persons managing pesticides, as described in subdivision (i) of this section, meeting the following conditions, except those listed in paragraph (2) of this subdivision: (i) Recalled pesticides that are:

(a) stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA section 19(b), incorporated by reference in section 370.1 (e) ofthis Title. including, butnot limited to those owned by the registrant responsible for conducting the recall: or

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### § 

### 374-3.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) stocks ofa suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, incorporated by reference in section 370.1 (e) ofthis Title, that are pari ofa voluntary recall by the registrant. \ (ii) Stocks ofotherunusedpesticideproducts that are collected and managed as partofa waste pesticide collection program approved by the department, meeting standards set forth in Subpart 373-4 ofthis Title. (2) Pesticides not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following pesticides: (i) recalled pesticides described in subparagraph (1)(i) ofthis subdivision, and unused pesticide products describedin subparagraph (1 )(ii) ofthis subdivision, that are managed by farmers in compliance with section 372.1 (e)(3)(i) through (iii) of this Title. (Section 372.1 [e][3][i] through [iii] ofthis Title address pesticides disposed ofon the farmer's own farm in a manner consistent with the disposal instmctions on the pesticide label, providing the container is triple rinsed in accordance with Part 325 ofthis Title);

(ii) pesticides not meeting the conditions set forth in paragraph (1) ofthis subdivision. These pesticides must be managed in compliance with the hazardous waste regulations in Part 370 through Subpart 374-1, and Part 376 ofthis Title;

(iii) pesticidesthat are notwastes underPari371 ofthis Title, including those thatdo not meetthe criteriafor waste generation inparagraph (3) ofthis subdivisionorthose that are not wastes as described in paragraph (4) ofthis subdivision; and

(iv) pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in section 371.4 of this Title or if it exhibits one or more of the characteristics identified in section 371.3 ofthis Title. (3) When a pesticide becomes a waste. (i) A recalled pesticide described in subparagraph (1 )(i) of this subdivision becomes a waste on the first date on which both of the following conditions apply: (a) The generatorofthe recalled pesticide agrees to participate in the recall. (b) The person conducting the recall decides to discard (e.g., bum the pesticide for energy recovery). (ii) An unused pesticide product described in subparagraph (I)(ii) ofthis subdivision becomes a waste on the date the generatordecides to discard it. (4) Pesticides that are not wastes. The following pesticides are not wastes:

(i) Recalled pesticides described in subparagraph (I)(i) of this subdivision, provided that the person conducting the recall: (a) has not made a decision to discard (e.g., bum for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of solid waste under section 371.1 (c) ofthis Title; thus the pesticide is not ahazardous waste and is not SUbject to hazardous waste requirements, including this Subpart. This pesticide remains SUbjectto therequirements ofFlFRA, incorporatedby reference in section 370.1 (e) ofthis Title; or

(b) has made a decision to use a management option that, under section 371.1(c) of this Title, does not cause the pesticide to be a solid waste (i.e., the selected option is use [otherthan use constituting disposal] orreuse [otherthan burning forenergy recovery], or reclamation). Such apesticide is not a solid waste and therefore is not ahazardous waste, and is not subject to the hazardous waste requirements including this Subpart. This pesticide, including arecalled pesticide that is exported to aforeign destination for use or reuse, remains subject to the requirements ofFIFRA. (ii) Unused pesticide products described in paragraph (l)(ii) ofthis subdivision, ifthe generator ofthe unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements ofFlFRA.

6568.2x Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-3.7

(c) Tracking universal waste shipments. (l) The owner or operatorofa destination facility must keep arecord ofeach shipment ofuniversal waste received at the facility. The record may take the form ofalog, invoice, manifest, bill oflading, or other shipping document. The record for each shipment ofuniversal waste received must include the following information: (i) The name and address ofthe universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent.

(ii) The quantity ofeach type of universal waste received (e.g., batteries, pesticides, thermostats)

.

(iii) The date ofreceipt ofthe shipment ofuniversal waste. (2) The owner or operator of a destination facility must retain the records described in paragraph (I) ofthis subdivisionfor atleastthree years fromthedateofreceiptofashipmentof universal waste.

Historical Note Sec. filed Sept. 29, 1998: amd. filed Jan. 14,2002 eff. 60 days afterfiling. Amended (a)(1). 

### § 374-3.6 Import requirements.

(a) Imports. Persons managing universal waste that is importedfrom aforeign country into the United States are subjectto the applicable requirements ofthis SUbpart, immediately afterthe waste enters the United States, as indicated in paragraphs (1) through (4) ofthis subdivision. (l) Auniversal waste transporteris subject to the universal waste transporterrequirements ofsection 374-3.4 ofthis Subpart.

(2) Auniversal waste handleris subject to the small or large quantity handlerofuniversal waste requirements ofsection 374-3.2 or 374-3.3 ofthis Subpart, as applicable.

(3) An owner or operator of a destination facility is subject to the destination facility requirements ofsection 374-3.5 ofthis Subpart.

(4) Persons managing universal waste thatis imported from an 

### OECD country as specified in section 372.5(h)(1)(i) ofthis Title are subject to paragraphs (1) through (3) ofthis subdivision, in addition to the requirements ofsection 372.5(h) ofthis Title.

Historical Note Sec. filed Sept. 29, 1998 eff. 60days after filing. 

### § 374-3.7 Petitions to include other wastes under this Subpart.

(a) General. (l) Any person seeking to add ahazardous waste oracategory ofhazardous waste to this 

### Part may petition for a regulatory amendment under this Subpart and section 370.5(a) and (c) ofthis Title.

(2) To be successful, the petitioner must demonstrate to the satisfaction ofthe commissioner that regulation under the universal waste regulations ofthis Subpart: is appropriate for the waste orcategory ofwaste; will improve managementpractices forthe waste orcategory of waste; and will improve implementation ofthe hazardous waste program. The petition must include the information required by section 370.5(a)(2) ofthis Title. The petition should also address as many ofthe factors listed in subdivision (b) ofthis section as are appropriate for the waste orwaste category addressed in the petition.

(3) The commissioner will evaluate petitions using the factors listed in subdivision (b) of this section. The commissioner will grant ordeny apetition using the factors listed in subdivision (b) ofthis section. The decision will be based on the weight ofevidence showing that regulation under this Subpart is appropriate for the waste or category ofwaste, will improve management practices for the waste orcategory ofwaste, and will improve implementation of the hazardous waste program. (b) Factorsfor petitions to include other wastes under this Subpart. (1) The waste or category ofwaste, as generatedby a wide variety ofgenerators, is listedin section 371.4 ofthis Title, or (ifnot listed) a proportion ofthe waste stream exhibits one or more characteristics of

03-15-2006 6568.17 Conservation

### § 

### 374-3.7 TITLE 6 ENVIRONMENTAL CONSERVATION

hazardous waste identified in section 371.3 ofthis Title. (When acharacteristic waste is added to the universal waste regulations ofthis Subpartby using ageneric name to identify the waste category [e.g., batteries], the definition ofuniversal waste in sections 370.2[b] and 374-3.1 [i] of \ this Title will be amended to include only the hazardous waste portion ofthe waste category [e.g., hazardous waste batteries]). Thus, only the portion ofthe waste stream that does exhibit

one or more charactelistics (i.e., is hazardous waste) is SUbject to the universal waste regulations ofthis Subpart.

(2) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety oftypes ofestablishments (including, for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, government organizations, as well as large industrial facilities).

(3) The waste orcategory ofwaste is generatedby alarge numberofgenerators (e.g., more than 1.000 nationally) and is frequently generated in relatively small quantities by each generator.

(4) Systems to be used for collecting the waste orcategory ofwaste (including packaging, marking, and labeling practices) would ensure close stewardship ofthe waste.

(5) The risk posed by the waste orcategory ofwaste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to sections 374-3.2[d], 374-3.3[d] and 374-3.4[c] of this Subpart; and/or applicable Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport.

(6) Regulation of the waste or category of waste under this Subpart will increase the likelihood thatthe waste will be diverted from non-hazardous waste managementsystems (e.g., the municipal waste stream, non-hazardous industrial or commercial waste stream, municipal

sewer or stormwater systems) to recycling, treatment, or disposal in compliance with EeL. article 27, title 9.

(7) Regulation ofthe waste or category ofwaste under this Subpart will improve implementation ofand compliance with the hazardous waste regulatory program.

(8) Such other factors as may be appropriate.

Historical Note Sec. filed Sept. 29.1998; amd. filed Jan. 14,2002 eff. 60 days after filing. Amended (b)(I).

6568.18 Conservalion 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 374-4.2



## SUBPART 374-4

STANDARDS FOR THE MANAGEMENT OF ELEMENTAL MERCURY AND DENTAL AMALGAM WASTES ATDENTAL FACILITIES

Sec. 374-4.] 374-4.2 General requirements Requirements for the management ofelemental mercury and dental amalgam waste at dental facilities

Historical Note Subpart (§§ 374-4.] -374-4.2) filed March 13,2006 efr. 60 days after filing. 

### § 374-4.1 General requirements.

(a) Purpose. This Subpart establishes requirements for dental facilities concerning the use and possession ofelemental mercury and for the proper management ofdental amalgam waste and elemental mercury waste through recycling.

(b) Applicability. This Subpart shall apply to any dental facility where dental amalgam is applied, altered, maintained, removed or disposed; where dental amalgam waste is generated; or where elemental mercury has been used or is possessed by dentists licensed or otherwise authorized to practice dentistry under article 133 ofthe New York State Education Law.

(c) Definitions. (1) Amalgam separator means a type of dental equipment designed to

remove dental amalgam particles from the wastewater of a dental facility and meeting the standards specified in section 374-4.2(a) ofthis Subpart.

(2) Dentalamalgam means an alloy which contains mercury and other metals used in the practice ofdentistry.

(3) Dentalfacility means any institution, clinic, office orotherlocation where the practice ofdentistry is performed.

(4) Dentalamalgam waste means waste from a dental facility containing:

(i) dental amalgamthathas beenin contactwith the patientincluding, butnotlimited to: extracted teeth with dental amalgam restorations, carving scrap collected at chair-side, dental amaigam captured by chair-side traps, vacuum pump filters, amalgam separators or otherdental amalgam capture devices;

(ii) dental amalgam that has not been in contact with the patient including, but not limited to: excess dental amalgam mix and the used pre-encapsulated dental amalgam capsules remaining at the end ofadental procedure; and

(iii) dental amalgam that may have accumulated in the plumbing system of a dental facility. (5) Elementalmercury means aheavy, silvery-white metal that is liquid at room temperature and is represented by the chemical symbol Hg with an atomic numberof80 and an atomic

mass of200.59.

(6) Large dentalfacility means an institution which houses 50 or more dental chairs. (7) Practice of dentistry means the practice ofdentistry as defined in section 6601 ofthe New York State Education Law.

Historical Note Sec. filed March 13, 2006 eff. 60 days after filing. 

### § 374-4.2 Requirements I'orthe management 01'elemental mercury and dental amalgam waste at dentall'acilities.

(a) Amalgam separators. (1) All dental facility waters likely to come into contact with dental amalgam waste must be treated prior to discharge by an amalgam separator which is certified to ISO I I143 Standards (Dental equipment

- amalgam separators) as incorporated by

03-15-2006 6568.]9 Conservation

### § 374-4.2 TITLE 6 ENVIRONMENTAL CONSERVATION

reference in section 370.1 (e) ofthis Title. The amalgam separator must achieve a minimum of 99 percent removal efficiency ofdental amalgam, by weight, in accordance with ISO 11143 test procedures. \

(2) Amalgam separators in service at dental facilities prior to the effective date of this Subpart, must be certified, but only need to achieve a minimum 95 percent removal efficiency ofdental amalgam, by weight, in accordance with ISO 11143 test procedures.

(3) For large dental facilities, the amalgam separator must meet or exceed the applicable ISO 11143 Standards set forth in paragraph (1) or (2) ofthis subdivision, but is notrequired to be ISO certified. Ifsuch a separatoris notISO certified, then the minimum removal emciency certification mustbe made by aperson orfirm licensed to practice professional engineering in the State ofNew York.

(4) All amalgam separators must be properly sized for the volume and flow ofthe dental facility amalgam wastewaterin accordance with the manufacturer's specifications and recommendations. The maximum allowable flow rate through the amalgam separator at the dental facility may not exceed the maximum flow rate capacity that the separator was tested at and passed in meeting the ISO standards.

(5) The amalgam separatormustbe installed, operated, and maintainedin accordance with the manufacturer's specifications and recommendations. Amalgam separators must also be installed in accordance with any applicable State and local building code requirements.

(6) The amalgam separator mustbe placed in service in accordance with the requirements ofthis Subpart as follows: (i) for dental facilities that begin operations after the effective date ofthis Subpart, the amalgam separator must be placed in service priorto beginning operation; or

(ii) for dental facilities operating on the effective date of this Subpart, the amalgam separator must be placed in service no later than two years after the effective date ofthis Subpart. (7) Dental facilities where dental amalgam is not placed or removed, including facilities where the specialties oforthodontics, periodontics, prosthodontics and oral and maxillofacial surgery are exclusively performed, are exempt from the requirements to install an amalgam separator. (b) Dentalamalgam waste storage. (1) All dental amalgam wastes mustbe collected and stored in air-tight, leak-proofand structurally sound containers.

(2) The containers holding the dental amalgam waste must have alabel that includes, at a minimum, the type of the dental amalgam waste contained therein and the date waste was initially placed in the container.

(3) The containers holding the dental amalgam waste mustbe tightly closed except when adding or removing dental amalgam waste.

(4) Length ofstorage ofdental amalgam waste within the dental facility must not exceed

one yearfrom the date waste was initially placed in the container. (c) Recycling ofdental amalgam waste and elemental mercUJ}'. (1) All dental amalgam waste and elemental mercury generated by the dental facility must be sent for mercury recycling.

(2) Written or electronic certification from the collection service or recycler must be obtained by the dental facility, documenting: (i) the name and address ofthe collection service; Oi) the amount, by weight, ofdental amalgam waste and elemental mercury collected and the date it was collected; and

(iii) the name and address ofthe facility where the dental amalgam waste and elemental mercury will ultimatelyberecycled, andcertificationthatthe mercury containedinthe waste

was destined for recycling.

6568.20 Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 374-4.2

(d) Recordkeeping and inspection. (1) Records must be maintained at the dental facility documenting: (i) the type ofamalgam separator(s) instaUed, manufacturer's model number, unit specifications, date the unit was placed in service and number of chair units serviced by the separator;

(ii) adescription ofaU maintenance performedon the amalgam separator(s) and the date ofcompletion ofsuch maintenance;

(iii) the amount, by weight, ofdental amalgam waste sent for recycling ofmercury, on
an annual basis; and

(iv) copies ofthe correspondence required by paragraph (c)(2) ofthis section. (2) The records required under subparagraph (I)(i) ofthis subdivision must be maintained

as long as the amalgam separator is in use at the dental facility. The records required under subparagraphs (1)(ii) through (iv) ofthis subdivision must be maintained for a minimum of three years.

(3) Written notification when an amalgam separator is installed must be provided to the sewage treatment works or sewer authority that the wastewater discharge is tributary to, if applicable. Such notification must be submitted no laterthan 30days foUowing the applicable deadline specified under paragraph (a)(6) ofthis section and must contain the dental facility name; facility location including street address and municipal subdivision, i.e., city, town, or viBage; telephone number; and the information specifiedin subparagraph (I )(i) ofthis subdivision.

(4) The records specified in paragraph (I) ofthis subdivision, the amalgam separator(s) and any related equipment must be readily available for inspection by the department, or its authorized representative, upon written or verbal request. (e) Prohibitions. (I) The use or possession ofelemental mercury in the practice ofdentistry is prohibitedin adental facility unless suchelemental mercury is containedin appropriate pre-encapsulated capsules specificaUy designed forthe mixing ofdental amalgam.

(2) Elemental mercury must not be rinsed down the drain, disposed with municipal solid waste or disposed as regulated medical waste as defined in section 1389-aa ofPublic Health Law and section 27-1501 ofEnvironmental Conservation Law.

(3) Chair-side traps, screens, vacuum pump filters or other amalgam coUection devices containingdental amalgammustnotberinsed overdrains orsinks that are notequipped with an amalgam separator as required under subdivision (a) ofthis section.

(4) Dental amalgam waste mustnotbe managed as aregulated medical waste as definedin section 1389-aa ofPublic Health Law and section 27-1501 of Environmental Conservation Law and must notbe disposed ofin containers destined for treatment or disposal as regulated medical waste.

(5) Dental amalgam waste and coUection equipment must not be disinfected by any method thatutilizes heat.

(6) Dental amalgam waste must notbe disposed ofas municipal solid waste.

Historical Note Sec. filed March 13, 2006 eff. 60 days afterfiling.

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