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)

Subpart 374-1 Standards for the Management of Specific Hazardous Wastes and Specific Types of

Hazardous Waste Management Facilities

Subpart 374-2 Standards for the Management of Used Oil

Subpart 374-3 Standards for Universal Wastes

Subpart 374-4 Standards for the Management of Elemental 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, 1994 eff. 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, 1994 eff. 60

, days after filing.

§ 374.3

Historical Note

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

days after filing.

§ 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 filed: Oct. 26,1988; Dec. 2, 1991: repealed, filed Nov. 15,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 after filing.

§ 374.5

Historical Note

Sec. filed Dec. 2, 1991; repealed, filed Nov. 15, 1994 eff. 60 days after filing.

§ 374.6

Historical Note

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

days after filing.

§ 374.7

Historical Note

Sec. filed May 2, 1986; amds. filed: Oct. 26, 1988; Dec. 2, 1991; renum. 374-1.7, filed Nov.

15, 1994 eff. 60 days after filing.

03-15-2006 6509 Conservation
§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 manner constituting 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

Subpart added (§§ 374.1.1-374-1.8) by renum. Part (§§ 374.1-374.7), filed Nov. 15, 1994

eff. 60 days after filing.

§ 374-1.1 General.

(a) Applicability. This Subpart contains requirements for generators and transporters of the

hazardous wastes identified in section 371.1 (g)(1)(ii) of this Title and for owners and operators of

facilities managing the hazardous wastes identified in section 373-1.1(d)(1)(vii) and (viii) of this

Title that are required to comply with this Subpart.

Historical Note

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

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

(a) Applicability. (l) The regulations of this section apply to recyclable materials that are

applied to or placed 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 a manner that constitutes disposal."

(2) Products produced for the general public's use that are used in a manner that constitutes

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 of this 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 of hazardous waste K06 J, K062 and F006, in a manner constituting disposal are not covered by the exemption in paragraph (2) of this subdivision and remain

subject to regulation.

\

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CHAPTER IV QUALITY SERVICES

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 of used 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 of this, 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) Aboveground used oil tank means a tank used to store or process used oil that is not an

underground used oil tank.

(2) Adjacent towns or cities means towns and cities that share a common border with each

other.

(3) Container means any portable device in which a material is stored, transported, treated,

disposed of, or otherwise handled.

(4) Contract means a promissory agreement between two or more persons to perform or

not perform a particular 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 tank means a tank that is used for the storage or processing of used oil and that

is in operation, or for which installation has commenced on or prior to January 14, 1995.

Installation will be considered to have commenced if the owner or operator has obtained all

Federal, State, and local approvals or permits necessary to begin installation of the tank and if

either:

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

(ii) the owner or operator has entered into contractual obligations - which cannot be

canceled or modified without substantial loss - for installation of the tank to be completed

within a reasonable time.

(7) Household do-it-yourse(fer used oil, or DIY used oil, means oil that is derived from

households, such as used oil generated by individuals through the maintenance of their

personal vehicles.

(8) Household do-it-yourse(fer used oil generator, or DIY used oil generator means an

individual who generates household do-it-yourselfer used oil.

(9) New tank means a tank that will be used to store or process used oil and for which

installation has commenced after January 14, 1995.

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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 or re-refined lubricating oil.

(1) Petroleum refining facility means an establishment primarily engaged in producing

gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation.

straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or

other processes (i.e., facilities classified as SIC 2911).

(12) Processing means chemical or physical operations designed to produce from used oil,

or to make used oil more amenable for production of fuel oils, lubricants, or other used oilderived product. Processing includes, but is not limited to: blending used oil with virgin

petroleum products, blending used oils to meet the fuel specification. filtration, simple distillation, chemical or physical separation and re-refining.

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

operation and feedstock.

(14) Retail means the sale of lubricating oil to consumers in containers of five gallons or

less for direct use by the consumer and not offered for resale.

(15) Retail establishment means every vendor that sells lubricating oil at retail in quantities

in excess of 1,000 gallons per year.

(6) Service establishment means any automobile service station, including gas only

outlets, or any other retail outlet and boat marina, selling at least 500 gallons of lubricating oil

annually and having an on-premises oil changing operation.

(7) Tank means any stationary device, designed to contain an accumulation of used oil

which is constructed primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic)

which provides structural support.

(8) Total halogens means the total of organic 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 of used 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 a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage

tank is situated upon or above the surface of the floor.

(20) Used oil means any oil that has been refined from crude oil, or any synthetic oil, that

has been used, and as a result of such use, is contaminated by physical or chemical impurities.

(21) Used oil aggregation point means any site or facility that accepts, aggregates, and/or

stores used oil collected only from other used oil generation sites owned or operated by the

owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept

used oil from household do-it-yourselfers.

(22) Used oil burner means a facility 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) of this 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) of this Subpart, to manage used oil, and accepts/

aggregates and stores used oil collected from used oil generators regulated under section

374-2.3 of this Subpart, who bring used oil to the collection center in shipments of no more

than 55 gallons under the provisions of section 374-2.3(e) of this Subpart. Used oil collection

centers may also accept used oil from household do-it-yourselfers.

(24) Used oil fuel marketer means any person who conducts either of the following

activities:

6556 Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.2

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

or

(ii) first claims that used oil that is to be burned for energy recovery meets the used oil

fuel specifications set forth in section 374-2.2(b)(1) of this Subpart.

(25) Used oil generator means any person, by site, whose act or process produces used oil

or whose act first causes used oil to become subject to regulation.

(26) Used oil processorlre-refiner means a facility that processes or re-refines used oil.

(27) Used oil lank system means anyone or combination of aboveground 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 of used oil are held for

more than 24 hours and not longer than 35 days during the normal course of transportation or

prior to an activity performed pursuant to section 374-2.3(a)(2)(ii) of this Subpart. Transfer

facilities that store used oil for more than 35 days are subject to regulation under section

374-2.6 of this Subpart. A used oil transfer facility is also subject to regulation under Subpart

360-14 of this, unless exempt pursuant to the terms of section 360-14.1 (b) of this.

(29) Used oil transporter means any person who transports used oil, any person who

collects used oil from more than one generator and transports the collected oil, and owners and

operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate

loads of used oil for purposes of transportation but, with the following exception, may not

process used oil. Transporters may conduct incidental processing operations that occur in the

normal course of used oil transportation (e.g., settling and water separation), but that are not

designed to produce (or make more amenable for production of) used oil derived products or

used oil fuel.

Historical Note

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

§ 374-2.2 Applicability.

(a) Applicability. This subdivision identifies those materials which are subject to regulation

as used oil under this Subpart and Subpart 360-14 of this. 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 subject to regUlation as hazardous waste under Part 370 through SUbparts

374-1, 374-3, and Part 376 of this Title. The storage in tanks of materials which are not subject to

regulation as hazardous waste and which are identified in this 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 of Parts 612, 613, and 614 of this Title. In addition to

the requirements of this Subpart, used oil generators, collection centers, DIY collection centers,

aggregation points, transporters, transfer, storage, re-refining or processing facilities, burners and

marketers must meet all applicable requirements of Parts 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 department presumes that used oil is to be recycled or burned for energy

recovery unless a used oil handler disposes of used oiL or sends used oil for disposal. Except as

provided in subdivision (b) of this section, the regulations of this Subpart apply to used oil and

to materials identified in this subdivision as being subject to regulation as used oil. whether or

not the used oil or material exhibits any characteristics of hazardous waste identified in section

371.3 of this Title.

(2) Mixtures of used oil and hazardous waste. (i) Listed hazardous waste.

(a) Mixtures of hazardous waste, listed in section 371.4 of this Title, and of used oil

are subject to regulation as hazardous waste under Part 370 through Subparts 374-L

374-3, and Part 376 of this Title, rather than as used oil under this Subpart.

03-15-2006 6557 Conservation
CHAPTER IV QUALITY SERVICES § 374-2.2

(4) Mixtures of used oil with products. (i) Except as provided in subparagraph (ii) of

this paragraph, mixtures of used oil and fuels or other fuel products are subject to regulation

as used oil under this Subpart.

(ii) Mixtures of used oil and diesel fuel mixed on-site by the generator ofthe 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 is subject to the requirements of

section 374-2.3 of this Subpart.

(5) Materials derived from used oil. (i) Materials that are reclaimed from used oil that

are used beneficially and are not burned for energy recovery or used in a manner constituting

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 subject to the hazardous waste regulations of Part

370 through Subparts 374-1, 374-3, and Part 376 of this Title as provided in section

371.1 (d)(3)(ii)(a) of this 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 under this Subpart and Part 225 of this Title.

(iii) Except as provided in subparagraph (iv) of this paragraph, materials derived from

used oil that are disposed of or used in a manner constituting disposal are:

(a) not used oil and thus are not subject to this Subpart; and

(b) are solid wastes regulated under Part 360 of this Title, unless they are subject to

the hazardous waste regulations of Part 370 through Subpart 374-1, 374-3, and Part 376 of

this Title if the 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 of which is subject to regulation under either

section 402 or section 307(b) of the Federal Clean Water Act, as incorporated by reference in

section 370.1 (e) of this Title (including wastewaters at facilities which have eliminated the

discharge of wastewater), contaminated with de minimis quantities of used oil are not subject to

the requirements of this Subpart. For purposes of this paragraph, de minimis quantities of used

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 if the

used oil is discarded as a result of abnormal manufacturing operations resulting in substantial

leaks, spills, or other releases, or to 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 or natural gas liquids (e.g., in a production separator or crude

oil stock tank) for insertion into a crude oil pipeline is exempt from the requirements of this

Subpart. The used oil is subject to the requirements of this Subpart prior to the mixing of

used oil with crude oil or natural gas liquids.

(ii) Mixtures of used 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 a point prior to crude distillation or

catalytic cracking are exempt from the requirements of this 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 of this 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 of this Subpart.

(iv) Except as provided in subparagraph (v) of this paragraph, used oil that is introduced

into a petroleum refining facility process after crude distillation or catalytic cracking is

exempt from the requirements of this Subpart only if the used oil meets the specifications of

03-15-2006 6559 Conservation
§ 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 of this 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 of halogenated hazardous constituents listed in Appendix 23 of this Title).

(1) 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 of Health's Environmental Laboratory Approval

Program (ELAP).

(2) The rebuttable 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) of this Subpart, to reclaim metalworking oils/fluids.

The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled

in any other manner, or disposed.

(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 of hazardous waste that

solely exhibits one or more of the hazardous waste characteristics identified in section 371.3

of this Title, and mixtures of used oil and of hazardous waste that is listed in section 371.4 of

this Title solely because it exhibits one or more of the characteristics of hazardous waste

identified in section 371.3 of this Title are subject to:

(a) except as provided in clause (c) of this subdivision, regulation as hazardous waste

under Part 370 through Subparts 374-1. 374-3, and Part 376 of this Title rather than as

used oil under this Subpart, if the resultant mixture exhibits any characteristics of hazardous waste identified in section 371.3 of this Title; or

(b) except as specified in clause (c) of this subdivision, regulation as used oil under

this Subpart, if the resultant mixture does not exhibit any characteristics of hazardous

waste identified under section 371.3 of this Title.

(c) regulation as used oil under this Subpart, if the mixture is of used 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 of ignitability under section 371.3(b) of this Title.

(iii) Conditionally exempt small quantity generator hazardous waste. Mixtures of used

oil and conditionally exempt small quantity generator hazardous waste regulated under

section 371.1 (f)(10) of this Title are subject to regulation as used oil under this Subpart.

(3) Materials containing or otherwise contaminated with used oil. (i) Except as provided in subparagraph (ii) of this paragraph, materials containing or otherwise contaminated

with used oil from which the used oil has been properly drained or removed to the extent

possible such that no visible signs of free-Howing oil remain in or on the material:

(a) are not used oil and thus not subject to this Subpart; and

(b) if applicable are subject to the hazardous waste regulations of Part 370 through

Subparts 374-1, 374-3, and Part 376 of this Title.

(ii) Materials containing or otherwise contaminated with used oil that are burned for

energy recovery are subject to regulation as used oil under this Subpart.

(iii) Used oil drained or removed from materials containing or otherwise contaminated

with used oil is subject to regulation as used oil under this Subpart.

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§ 374-2.2 TITLE 6 ENVIRONMENTAL CONSERVATION

paragraph (b)(I) of this section. Prior to insertion into the petroleum refining facility process,

the used oil is subject to the requirements of this Subpart.

(v) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine 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 a hydrocarbon recovery system (e.g., by pouring collected used oil into the wastewater

treatment system).

(vi) Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil

or natural gas liquids are exempt from the requirements of this 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) of this

Title. In addition to the requirements of this Subpart, used oil containing any quantifiable level

of PCBs may be subject to the requirements found in 40 CFR 761.20(e), as incorporated by

reference in section 370.1 (e) of this 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 Subpart unless it is shown not to exceed any of the allowable levels of the constituents and

properties in the specification shown in Table 1 of this 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) of this Subpart, the

used oil is no longer subject to this Subpart.

(i) Laboratory analyses completed for purposes of specification determination must be

performed by a laboratory currently certified under the appropriate approval categories by

the New York State Department of Health's Environmental Laboratory Approval Program

(ELAP).

Table I

Used Oil Not Exceeding Any Specification Level Is Not

Subject to This Subpart When Burned for Energy Recovery!

\

Constituent/property

Arsenic

Cadmium

Chromium

Lead

PCBs

Flash point

Total halogens

Allowable level

5 ppm maximum

2 ppm maximum

10 ppm maximum

100 ppm maximum

2 ppm maximum2

100° F minimum

4,000 ppm maximum3

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

as hazardous waste (see paragraph [a][2] of this section).

2Used oil containing 50 ppm by weight, or greater, of PCBs is a hazardous waste, excluding oil derived

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

source. Applicable standards for the burning of used oil containing PCBs are imposed by Part 370

through Subpart 374-1 and Part 376 of this Title and 40 CFR 761.20(e), as incorporated by reference in

section 370.l(e) of this Title.

3Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the

rebuttable presumption provided under subparagraph (a)(2)(i) of this section. Such used oil is subject to

section 374-1.8 of this Part rather than this Subpart when burned for energy recovery. unless the

presumption of mixing can be successfully rebutted.

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CHAPTER IV QUALITY SERVICES § 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 must not be managed in

surface impoundments, waste piles, pits, ponds or lagoons.

(2) Use as a dust suppressant. The use of used 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) of this Title;

(ii) boilers, as defined in section 370.2(b) of this 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 of products, by mechanical or chemical processes;

(b) utility boilers used to produce electric power, steam, heated or cooled air, or other

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) of this Subpart.

(iii) hazardous waste incinerators subject to regulation under sections 373-2.15 and

373-3.15 of this Title.

(4) Absorbents. Used oil which is recyclable or reusable must not be disposed of through

the use of absorbent materials, other than for purposes of spill cleanup.

Historical Note

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

§ 374-2.3 Standards for used oil generators.

(a) Applicability. (1) General, Except as provided in subparagraphs (i) through (iv) of this

paragraph, this section applies to all used oil generators. A used oil generator is any person, by

site, whose act or process produces used oil or whose act first causes used 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 under this Subpart.

(ii) Vessels. Vessels at sea or at port are not subject to this section. For purposes of this

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 of the vessel and the

person(s) removing or accepting used oil from the vessel are co-generators of the 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 of this section, the co-generators' obligation to comply with the requirements of

this section are joint and several.

(iii) Diesel fuel. Mixtures of used oil and diesel fuel mixed on site by the generator ofthe

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 of this section.

(iv) Farmers. Farmers who generate an average of 25 gallons or less per month of used

oil from vehicles or machinery used on the farm in a calendar year are not subject to the

requirements of this Subpart, if the used oil is used in normal farming operations. Normal

farming operations do not include land application or land disposal of used oil.

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§ 374-2.3 TITLE 6 ENVIRONMENTAL CONSERVATION

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

are subject to the requirements of other applicable provisions of this Subpart as indicated in

subparagraphs (i) through (v) of this 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) of this subparagraph, generators who process or

re-refine used oil must also comply with section 374-2.6 of this 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 a burner of on-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 incorporated by reference in section 370.1(e) of this Title,

or other applicable Federal or State regulations governing the management or discharge

of wastewaters;

(3) using oil mist collectors to remove small droplets of used oil from in-plant air to

make plant air suitable for continued recirculation;

(4) draining or otherwise removing used oil from materials containing or otherwise

contaminated with used oil in order to remove excessive oil to the extent possible

pursuant to section 374-2.2(a)(3) of this Subpart; or

(5) filtering, separating or otherwise reconditioning used oil before burning it in a

space heater pursuant to subdivision (d) of this section.

(iii) Generators who bum off-specification used oil for energy recovery, except under

the on-site space heater provisions of subdivision (d) of this section, must also comply with

section 374-2.7 of this Subpart.

(iv) Generators who direct shipments of off-specification used oil from their facility 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 of this Subpart.

(v) Generators who dispose of used oil must also comply with section 374-2.9 of this

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) of this 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

of this Title), in addition to the requirements of this section. Used oil generators are also subject to

the Underground Storage Tank (40 CFR part 280. as incorporated by reference in section 370.1 [e]

of this Title) standards for used oil stored in underground used oil tanks whether or not the used

oil exhibits any characteristics of hazardous waste, in addition to the requirements of this 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 03-15-2006
CHAPTER 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 generator facility is located:

(i) local building and fire codes, if any; and

(ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR

Chapter XXXIII, Subchapter A, including the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA-30) (as incorporated by reference in section

370.1[e] of this Title).

(2) Used oil tanks. Compliance with petroleum bulk storage regulations. (i) All

aboveground and underground used oil tank systems, regardless of tank 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) aboveground used oil tanks with 10 percent or more volume beneath the 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] of this Title), whether or not the used oil

exhibits any characteristics of hazardous waste; and

(b) used oil tanks at a facility licensed under Part 610 of this Title do not require

registration under Part 612 of this 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 of this

Title.

(iii) Requirements of this 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 of this Title by July 14, 1995; and

(b) existing generator facilities must be in compliance with the applicable requirements of sections 613.3(c) and 613.6(b) of this Title by January 14, 1997.

(3)-(6) [Reserved]

(7) Condition of units. Containers and aboveground used oil tanks used to store used oil at

generator facilities must be:

(i) in good condition (no severe rusting, apparent structural defects or deterioration); and

(ii) not leaking (no visible leaks).

(8) Labels. (i) Containers and aboveground used oil tanks used to store used oil at

generator facilities must be clearly labeled or marked with the design capacity and working

capacity of the tank and with the words "Used Oil".

(ii) Fill pipes used to transfer used oil into underground used oil tanks at generator

facilities must be clearly labeled or marked with the capacity of the tank and with the words

"Used Oil".

(9) Response to releases. (0 Any spill, discharge, or release of used oil shall be subject

to all applicable provisions of article 12 of the 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 of article 17, titles 10 and 17, of the Environmental Conservation Law, and section 613.8 of this Title.

(ii) Upon detection of a release of used 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) of this 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

prior to returning them to service.

(iii) Within two hours of detecting a spill, discharge, or release of used oil, the generator

must notify the department Spill Hotline at (800) 457-7362, or, if calling from out of state,

(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 heater bums only used oil that the owner or operator generates or used oil received

from household do-it-yourselfer used oil generators:

(2) the heater is designed to have a maximum capacity of not more 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. Except as provided in paragraphs (I) through (3) of this subdivision,

generators must ensure that their used oil is transported only by transporters who have obtained an

EPA identification number and are authorized under Part 364 of this 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 generator transports the used oil in a vehicle owned by the generator or owned by

an employee of the generator;

(ii) the generator transports no more than 55 gallons of used oil at any time; and

(iii) the generator transports the used oil to a used oil collection center that is permitted

pursuant to section 374-2.4(b)(2)(ii) of this 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 generator transports the used oil in a vehicle owned by the generator or owned by

an employee of the generator;

(ii) the generator transports no more than 55 gallons of used 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 for used oil to be transported by

a transporter without an EPA identification number if the used oil is reclaimed under a

contractual agreement pursuant to which reclaimed oil is retumed by the processorlre-refiner to

the generator for use as a lubricant, cutting oil, or coolant. The contract (known as a "tolling

arrangemenC), must indicate:

(i) the type of used oil and the frequency of shipments;

(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 other retail outlet and boat marina, selling at least 500

gallons of lubricating 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 03-15-2006
CHAPTER 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 per day from any household

do-it-yourselfer, in accordance with the following requirements:

(a) the service establishment must maintain a tank or container with sufficient capacity to provide adequate service to individuals, for the temporary storage of used oil;

(b) the service establishment may refuse to accept used oil if the used oil tank or

container is temporarily filled to capacity. If filled 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 of the establishment;

(d) the service establishment may require used oil to be dropped off in rigid screw-top

closed containers;

(e) the service establishment may refuse to accept used oil if it has been contaminated

through other than 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 must be legible from a distance of at least 25 feet

from the outside of the establishment's building, with lettering a minimum of one inch in

height;

(2) Retail establishments. Retail establishments may either directly accept used 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 of used 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 a tank or container with sufficient capacity

to provide adequate service to individuals, for the temporary storage of used 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

must proceed expeditiously to have the used oil emptied by a used oil transporter permitted under Part 364 of this 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 of the establishment;

(d) the retail establishment may require used oil to be dropped off in rigid screw-top

closed containers;

(e) the retail establishment may refuse to accept used oil if it 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 must be legible from a distance of at least 25 feet

from the outside of the establishment's building, with lettering a minimum of one inch in

height. \

(ii) Retail establishments which elect not to provide for direct collection of used 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 of used oi\.

The retail establishment which contracts with another retail establishment, service establishment or municipality, for the provision of collection services must conspicuously post

a sign in a location which is always open to public view, stating: "USED OIL FOR

RECYCLING WILL BE ACCEPTED BY (name of contracted establishment or municipality) AT (address of contracted establishment or municipality) AT NO CHARGE". The

information on this sign must be legible from a distance of at least 25 feet from the outside

of the establishment's building and have lettering a minimum of one 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 other areas, the contracting retail establishment and the contractor must be

within the same town or city or within adjacent towns or cities; 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, or due to the impossibility of installing a used oil tank or container because of

physical constraints. The retail establishment must submit a request for a hardship waiver

to the Director, Division of Solid and Hazardous Materials, New York State Department

ofEnvironmental Conservation, 625 Broadway, Albany, NY 12233-7250, which includes

the following information:

(1) the name and location, including street address, of the retail establishment;

(2) the approximate gallons of lubricating 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 of specific efforts being made by the retail establishment to overcome those

constraints, a street scale map of the geographic range established in 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.

60 days after filing.

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

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

owners or operators of all do-it-yourselfer (DIY) used oil collection centers. A DIY used oil

collection center is any site or facility that accepts/aggregates and stores used oil collected only

from household do-it-yourselfers.

(2) DIY used oil collection center requirements. Owners or operators of all DIY used oil

collection centers must comply with the generator standards in section 374-2.3 of this Subpart.

(b) Used oil collection centers. (1) Applicability. This section applies to owners or operators of used oil collection centers which accept used oil from other than household do-ityourselfers. A used oil collection center is any site or facility that accepts/aggregates and stores

used oil collected from used oil generators regulated under section 374-2.3 of this Subpart who

bring used oil to the collection center in shipments of no mor.e than 55 gallons under the

6566 Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.5

provisions of section 374-2.3(e)(1) of this Subpart. Used oil collection centers may also accept

used oil from household do-it-yourselfers.

(2) Used oil collection center requirements. Owners or operators of all used oil collection

centers must:

(i) comply with the transfer facility standards in section 374-2.5 of this Subpart; and

(ii) be permitted pursuant to Subpart 360-1 and section 360-14.3 of this Title.

(c) Used oil aggregation points owned by the generator. (1) Applicability. This section

applies to owners or operators of all used oil aggregation points. A used oil aggregation point is

any site or facility that accepts, aggregates, and/or stores used oil collected only from other

used oil generation sites owned or operated by the owner or operator of the aggregation point,

from which used oil is transported to the aggregation point in shipments of no more than 55

gallons 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 of all used oil aggregation points must comply with the generator standards in section 374-2.3 of this 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. Except as provided in subparagraphs (i) through (iv) of this

paragraph, or as exempted in section 360-14.1 (b)(7) or (8) of this Title, this section applies to

all used oil transporters. Used oil transporters are persons who transport used oil, persons who

collect used oil from more than one generator and transport the collected oil, and owners and

operators of used oil transfer facilities. Owners and operators of used oil transfer facilities must

also comply with any applicable requirements of Subpart 360-14 and Part 364 of this 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) of this 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) of this Subpart.

(iv) This section does not apply to transportation of used oil from household do-ityourselfers to a regulated used 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) Combined operations. Any used oil transfer facility located at a facility regulated under

Part 373 of this Title must comply with the provisions of section 360-14.1(a)(4) of this Title.

(3) Imports and exports. Transporters who import used oil from abroad or export used oil

outside of the United States are subject to the requirements of this section from the time the

used oil enters and until the time it exits the United States.

(4) Trucks used to transport hazardous waste. Unless trucks previously used to transport

hazardous waste are emptied as described in section 371.1 (h) of this Title prior to 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 a permit

in accordance with Subparts 360-1 and 360-14 of this Title, unless exempt under the provisions

03-15-2006 6567 Conservation
§ 374-2.5 TITLE 6 ENVIRONMENTAL CONSERVATION

of section 360-14.1(b) of this Title. Used oil transfer facilities that are subject to permitting

under Part 360 of this Title must also comply with the General Facility Standards (including the

establishment of a Contingency Plan) that used oil processing and re-refining facilities are \

subject to at section 374-2.6(c) ofthis Subpart. Used oil transporters who conduct the following

activities are also subject to other applicable provisions of this Subpart as indicated in subparagraphs (i) through (iv) of this paragraph:

(i) transporters who generate used oil must also comply with section 374-2.3 of this

Subpart;

(ii) transporters who process or re-refine used oil, except as provided in subdivision (b)

of this section, must also comply with section 374-2.6 of this Subpart and Subpart 360-14 of

this Title, if applicable;

(iii) transporters who bum off-specification used oil for energy recovery must also

comply with section 374-2.7 of this SUbpart;

(iv) transporters who direct shipments of off-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) of this Subpart must

also comply with section 374-2.8 of this Subpart; and

(v) transporters who dispose of used oil must also comply with section 374-2.9 of this

Subpart.

(b) Restrictions on transporters who are not also processors or re-refiners. (I) Used oil

transporters may consolidate or aggregate loads of used oil for purposes of transportation.

However, except as provided in paragraphs (2) and (3) of this subdivision, used oil transporters

may not process used oil unless they also comply with the requirements for processors/rerefiners in section 374-2.6 of this Subpart.

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

course of used oil transportation (e.g., settling and water separation), but that are not designed

to produce (or make more amenable for production of) used oil derived products unless they

also comply with the processor/re-refiner requirements in section 374-2.6 of this Subpart.

(3) Transporters of used 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-refiner requirements in section 374-2.6 of this

Subpart.

(c) Notification. 0) Identification numbers. Used oil transporters who have not previously complied with the notification requirements of RCRA, section 3010 must comply with

these requirements and obtain an EPA identification number.

(2) Mechanics of notification. Used oil transporters 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 ordering information for EPA Form

8700-12 call RCRNSuperfund Hotline at 1-800-424-9346 or 703-920-9810; 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 of the transporter company;

(c) mailing address for the transporter;

(d) name and telephone number for the transporter point of contact;

(e) type of transport activity (i.e., transport only, transport and transfer facility,

transfer facility only):

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

6568 Conservation 03·15·2006
CHAPTER IV QUALITY SERVICES § 374-2.5

(g) name and telephone number for a contact at each transfer facility.

(d) Used oil transportation. (1) Deliveries. A used oil transporter must deliver all used oil

received to:

(i) another used oil transporter who has obtained an EPA identification number and who

is authorized under Part 364 of this Title to transport used oil, or a used oil transfer facility

which is authorized under Part 360 of this Title, unless exempt under Subpart 360-14 of this

Title:

(a) owners or operators of a used oil transfer facility must ensure that used oil is

transported to their facility only by transporters who are permitted, as required by Part 364

of this Title. Owners or operators of used oil transfer facilities are required to confinn that

the transporters delivering used oil to their facilities carry a valid Part 364 waste transporter permit, if required;

(ii) a used oil processing/re-refining facility who has obtained an EPA identification

number and who is authorized under Part 360 of this Title;

(iii) an off-specification used oil burner facility who has obtained an EPA identification

number and who is authorized under Subpart 225-2 of this Title; or

(iv) an on-specification used oil burner facility.

(2) DOT requirements. Used oil transporters must comply with all applicable requirements

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) of this

Title, must comply with all applicable regulations in 49 CFR parts 171 through 180, as

incorporated by reference in section 370.1 (e) of this Title.

(3) Used oil discharges. Any spill, discharge, or release of used oil shall be subject to all

applicable provisions of article 12 of the 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 of article 17, titles 10 and 17, of the 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 of section 613.8 of this Title and

must take appropriate immediate action to protect human health and the environment (e.g.,

notify local authorities or dike the discharge area).

(ii) If a discharge of used oil occurs during transportation and an official (State or local

government or a Federal agency), acting within the scope of official responsibilities, determines that immediate removal of the used oil is necessary to protect human health or the

environment, that official may authorize the removal of the used oil by transporters who do

not have EPA identification numbers.

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

(a) give notice, if required 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 of detection, to the department Spill Response Hotline at

(800) 457-7362, or, if calling from out of state, (518) 457-7362; and

(b) report in writing as required by 49 CFR 171.16, as incorporated by reference in

section 370.1 (e) of this Title, to the Director, Office of Hazardous Materials Regulations,

Materials Transportation Bureau, Department of Transportation, 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) of this 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 of article 12 of the Navigation Law.

03-15-2006 6568.1 Conservation
§ 374-2.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(e) Quality control and rebuttable presumption for used oil. (I) To ensure that used oil is

not a hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i)(b) of this

Subpart, a used oil transporter must determine whether the total halogen content of used 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 of the halogen content of the used oil in light of the materials or

processes used.

(2) A transporter who is an owner or operator of a used oil transfer facility must test all

incoming loads of used oil for total halogen content by employing the screening procedures set

forth under section 374-2.6(d) of this Subpart. The owner or operator must develop and follow

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

Subpart.

(3) If it is determined either at a generator's site or at a used oil transfer facility that used oil

contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous

waste because it has been mixed with halogenated hazardous waste listed in section 37 1.4 of

this Title. The owner or operator may rebut the presumption by demonstrating that the used oil

does not contain hazardous waste (for example, by using an analytical method from SW-846,

as incorporated by reference in section 370.1 [e][8] of this Title, to show that the used oil does

not contain significant concentrations of halogenated hazardous constituents listed in Appendix

23 of this Title, or by demonstrating that the halogenated constituents are from conditionally

exempt small quantity generators, as defined in section 371.1 [f][I] of this 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 of Health's Environmental Laboratory Approval Program

(ELAP).

(ii) TIle rebuttable presumption does not apply to metalworking oilslfluids containing

chlorinated paraffins, if they are processed, through a tolling arrangement, as described in

section 374-2.3(e)(3) of this Subpart, to reclaim metalworking oilslfluids. The presumption

does apply to metalworking oilslfluids ifsuch oilslfluids are recycled in any other manner, or

disposed.

(iii) The rebuttable presumption does not apply to used oils contaminated with

chlorofluorocarbons (CFCs) removed from refrigeration units if 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.

(4) Used oil containing 50 ppm by weight, or greater, of PCBs is a hazardous waste,

excluding oil deri ved from small capacitors, as defined in section 37 I.4(e)(3)(ii) of this Title. as

the sole PCB contamination source. Applicable standards are contained in Part 370 through

Subpart 374-I and Part 376 of this Title.

(5) Record retention. Records of analyses conducted or information used to comply with

paragraphs (I), (2), (3), and (4) of this subdivision must be maintained by the transporter for at

least three years. The owner or operator of a transfer facility subject to permitting under Part

360 of this Title must maintain the records for at least seven years.

(I) Used oil storage at trall~:ferfacilities. Used oil transporters are subject to all applicable

Spill Prevention, Control and Countermeasures (40 CFR part 112, as incorporated by reference in

section 370. I[e] of this Title) in addition to the requirements of this section, and Subpart 360-14

of this Title. Used oil transporters are also subject to the Underground Storage Tank (40 CFR part

280, as incorporated by reference in section 370.1 Ie] of this Title) standards for used oil stored in

underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in

addition to the requirements of this 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 of used oil are held for more than 24 hours during the

6568.2 Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.5

normal course of transportation 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 subject to regulation as processors under

section 374-2.6 of this Subpart.

(2) Storage units. Owners or operators of used 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, if any; and

(ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR

Chapter XXXIII, Subchapter A, including the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA-30), as incorporated by reference in section

370.1 (e) of this Title.

(3) Used oil tanks. Compliance with petroleum bulk storage regulations. (i) Owners

and/or operators of used oil transfer facilities who store used oil in aboveground or underground used oil tank systems are required to comply, regardless of tank size, with sections

612.2 through 612.4, 613.2 through 613.9, 614.6 and 614.12 of this Title. In addition, owners

and/or operators must comply with the following requirements:

(a) aboveground used oil tanks with less than 10 percent volume beneath the surface

of the ground, including tanks that are completely above the surface of the ground, must

be equipped with secondary containment:

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

(i) dikes, berms or retaining 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 of the 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 of the system to the soil, groundwater, or surface water.

(b) aboveground used oil tanks with 10 percent or more volume beneath the 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) of this

Title, whether or not the used oil exhibits any characteristics of hazardous waste;

(c) used oil tanks at a facility licensed under Part 610 of this Title do not require

registration under Part 612 of this 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 of this Title.

(iii) Requirements of this paragraph shall apply on January 14, 1995, except as follows:

(a) by July 14, 1995:

(1) used oil tanks, regardless of their size, must be registered pursuant to section

612.2 of this Title: and

(2) the requirements of clause (i)(a) of this 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 of units. Containers and aboveground used oil tanks used to store used oil at

transfer facilities must be:

(i) in good condition (no severe rusting, apparent structural defects or deterioration): 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 or retaining 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 of the 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 of the tank and with the words "Used Oil".

(ii) Fill pipes used to transfer used oil into underground used oil tanks at transfer

facilities must be clearly labeled or marked with the capacity of the tank and with the words

"Used Oil".

(7) Response to releases. (i) Any spill, discharge, or release of used oil shall be subject

to all applicable provisions of article 12 of the 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 subject to

applicable provisions of article 17, titles 10 and 17, of the Environmental Conservation Law,

and section 613.8 of this Title.

(ii) Upon detection of a release of used 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) of this Title, the owner/operator of a transfer facility 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;

(d) if necessary, repair or replace any leaking used oil storage containers or tanks

prior to returning them to service.

(iii) Within two hours of detecting a spill, discharge, or release of used oil, the facility

owner or operator must notify the department Spill Hotline at (800) 457-7362, or, if calling

from out ofstate, (518) 457-7362.

(8) Closure. (i) Aboveground used oil tanks. Owners and operators who store used oil

in aboveground used oil tanks must comply with the following requirements within 180 days

after used oil collection or storage has ceased:

(a) At closure of a tank system, the owner or operator must remove or decontaminate

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 under Part 371 of this Title, manage them as hazardous waste. In

addition, the owner or operator must comply with the closure requirements of section

613.9 of this 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) of this 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 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.5

(ii) Containers. Owners and operators who store used oil in containers must comply with

the following requirements within 180 days after used oil collection or storage has ceased:

(a) at closure. containers holding used oil or residues of used 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 under Part

371 of this Title, manage themas hazardous waste.

(iii) Underground used oil tanks must be closed in accordance with section 613.9 of this

Title and the applicable requirements contained in 40 CFR part 280 (as incorporated by

reference in section 370.1 [e] of this Title).

(g) Tracking. (1) Acceptance. Used oil transporters must keep a record of each used oil

shipment accepted for transport. In addition, owners and operators of used oil transfer facilities

subject to permitting under Part 360 of this Title must maintain copies of all 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-refiner who provided the used oil for transport;

(iii) the quantity of used oil accepted;

(iv) the date of acceptance;

(v) the signature, dated upon receipt of the used oil, of a representative of the generator,

transporter, or processor/re-refiner who provided the used oil for transpOIt, except that

intermediate rail transporters are not required to sign the record of delivery; and

(vi) owners and operators of used oil transfer facilities subject to permitting under Part

360 of this Title must include on their shipment records the type of used oil (on-specification

or off-specification) and, if on-specification, the method of determination (chemical analysis, pre-characterization, or other).

(2) Deliveries. Used oil transporters must keep a record of each shipment of used oil that is

delivered to another used oil transporter, or to a used oil burner, processor/re-refiner, or

disposal facility. Owners and operators of used oil transfer facilities subject to permitting under

Part 360 of this Title must also maintain copies of all invoices. Records of each delivery must

include:

(i) the name and address of the receiving facility or transporter;

(ii) the EPA identification number of the receiving facility or transporter;

(iii) the quantity of used oil delivered;

(iv) the date of delivery;

(v) the signature, dated upon receipt of the used oil, of a representative of the receiving

facility or transporter, except that intermediate rail transporters are not required to sign the

record of delivery; and

(vi) owners and operators of used oil transfer facilities subject to permitting under Part

360 of this Title must include on their delivery records the type of used oil (on-specit1cation

or off-specification) and, if on-specification, the method of determination (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 of used oil expOited to any foreign country.

(4) Record retention. Except as specified in subparagraph (i) of this paragraph. the records

described in paragraphs (I), (2), and (3) of this subdivision must be maintained for at least three

years.

03·15·2006 6568.2c Conservation
§ 374-2.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(i) Owners or operators of transfer facilities subject to permitting under Part 360 of this

Title must maintain the records for at least seven years.

(h) Management ofresidues. Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in section 374-2.2(a)(5) of this Subpart.

Historical Note

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

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

(a) Applicability. (1) The requirements of this 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, or to 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 meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining. The requirements of this section do not apply to:

(i) transporters that conduct incidental processing operations that occur during the

normal course of used oil transportation as provided in section 374-2.5(b) of this Subpart; or

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

course of used oil management prior to burning as provided in section 374-2.7(b)(2) of this

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) of this Title.

(3) Other applicable provisions. No person shall construct or operate a used oil processing

or re-refining facility unless a permit has been obtained in accordance with Subparts 360-1 and

360-14 of this Title. Used oil processors/re-refiners who conduct the following activities are

also subject to the requirements of other applicable provisions of this Subpart as indicated in

subparagraphs (i) through (v) of this paragraph.

(i) Processors/re-refiners who generate used oil must also comply with section 374-2.3

of this Subpart.

(ii) Processors/re-refiners who transport used oil must also comply with section 374-2.5

of this 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 of this Subpart. Processors/re-refiners burning used oil for energy recovery

under the following conditions are not subject to section 374-2.7 of this Subpart:

(a) used oil that is generated by the processor/re-refiner may be burned in an on-site

space heater, provided that the requirements ofsection 374-2.3(d) of this Subpart are met;

or

(b) the used oil is burned for purposes of processing used oil, which is considered

burning incidentally to used oil processing;

(iv) Processors/re-refiners who direct shipments of off-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)(1) of this

Subpart must also comply with section 374-2.8 of this Subpart; and

(v) Processors/re-refiners who dispose of used oil also must comply with section

374-2.9 of this Subpart.

(b) Notification (1) Identification numbers. Used oil processors and re-refiners who have

not previously complied with the notification requirements of RCRA 3010 must comply with

these requirements and obtain an EPA identification number.

\

6568.2d Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.6

(2) Mechanics of notification. Used oil processors or re-refiners 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 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 or re-refiner company name;

(b) owner of the processor or re-refiner company;

(c) mailing address for the processor or re-refiner;

(d) name and telephone number for the processor or re-refiner point of contact;

(e) type of used oil activity (i.e., process only, process and re-refine); and

(j) location of the processor or re-refiner facility.

(c) Generalfacility standards. (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 must be maintained and operated to

minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release

of used oil to air, soil, or surface water which could threaten human health or the environment.

(ii) Required equipment. All facilities must be 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) of this subparagraph:

(a) an internal communications or alarm system capable of providing immediate

emergency instruction (voice or signal) to facility personnel;

(b) a device, such as a telephone (immediately available at the scene of operations) or

a hand-held two-way radio, capable of summoning emergency assistance from local

police departments, fire departments, or State or local 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 of equipment. 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 proper operation in

time of emergency.

(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 or through visual or voice contact with

another employee, unless such a device is not required in subparagraph (ii) of this

paragraph.

(b) If there is ever just 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 of operation) or a hand-held two-way radio, capable of summoning

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 of these purposes.

(vi) Arrangements with local authorities.

(a) The owner or operator must attempt to make the following arrangements, as

appropriate for the type of used oil handled at the facility and the potential need for the

services of these organizations:

(1) arrangements to familiarize police, fire departments, and emergency response

teams with the layout of the facility, properties of used oil handled at the facility and

associated hazards, places 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 at the facility and the types ofinjuries or illnesses which could result from fires,

explosions, or releases at the facility.

(b) Where State or local authorities decline to enter into such arrangements, the owner

or operator must document the refusal in the operating record.

(2) Contingency plan and emergency procedures. Owners and operators of used oil collection centers, transfer, processor, and re-refiner facilities must comply with the requirements of

section 360-1.9(h) of this Title and also the following requirements:

(i) Purpose and implementation of contingency 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 environment from fires, explosions, or any unplanned sudden or non-sudden release of used oil to

air, soil, or surface water.

(b) The provisions of the plan must be carried out immediately whenever there is a

fire, explosion, or release of used oil which could threaten human health or the environment. The facility operator must assure that the provisions of this plan are carried out in

the event of an incident covered by it.

(ii) Content of contingency plan.

(a) The contingency plan must describe the actions facility personnel must take to

comply with subparagraphs (i) and (vi) of this paragraph in response to fires, explosions,

or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water at

the facility. and actions to be taken if the 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) of this Title, or some other emergency 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 of this 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) of this section.

(d) The plan must list names, addresses. and phone numbers (office and home) of all

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 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.6

must be named as primary emergency coordinator and others must be listed in the order in

which they will assume responsibility as alternates.

(e) The plan must include a list of all emergency equipment at the 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 of each item on the list, and a brief outline of its 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 of used

oil or fires).

(iii) Copies of contingency plan. A copy of the 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, if necessary, 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 of used oil, or changes the response necessary in an emergency;

(d) the list of emergency coordinators changes; or

(e) the list of emergency 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 of time) with the responsibility for coordinating all emergency

response measures. This emergency coordinator must be thoroughly familiar with all aspects

of the facility's contingency plan, all operations and activities at the facility, the location and

characteristics of used oil handled, the location of all 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 spelled out in subparagraph (vi) of this paragraph. Applicable responsibilities for

the emergency coordinator vary, depending on factors such as type and variety of used oil

handled by the facility, and type and complexity of the 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 or local agencies with designated response roles if their

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 of any released

materials. This may be done by observation or review of facility records of logs, 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 consider both direct and indirect effects of the release, fire, or explosion \

(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 of chemical agents used to

control fire and heat-induced explosions).

(d) If the emergency coordinator determines that the facility has had a release. fire, or

explosion which could threaten human health, or the environment, outside the facility, the

incident must be assessed and findings reported as follows:

(1) if the assessment indicated that evacuation of local 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 coordinator must notify the department Spill Hotline at (800) 457-7362, or,

if calling from out of state, (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] of this 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 of reporter;

(ii) name and address of facility;

(iii) time and type of incident (e.g., release, fire);

(iv) name and quantity of material(s) involved, to the extent known;

(v) the extent of injuries, if any; 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 that fires, explosions, and releases do not occur, recur, or spread

to other used oil, hazardous waste, solid waste or used oil-derived fuels or products at the

facility. These measures must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating 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, or disposing of recovered used oiL contaminated soil or surface water,

or any other material that results from a release, fire, or explosion at the facility.

(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:

(1) no waste or used oil that may be incompatible with the released material is

recycled. treated, stored, or disposed of until cleanup procedures are completed;

(2) all emergency equipment listed in the contingency plan is cleaned and fit for its

intended use before operations are resumed; and

(3) the owner or operator must notify the regional director of the department in the

region in which the facility is located and local authorities that the facility is in

compliance with subclauses (1) and (2) of this clause before operations are resumed in

the affected area(s) of the facility.

(i) The owner or operator must note in the operating record: the time, date, and details

of any 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 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.6

regional administrator and the regional director of the department in the region in which

the facility is located. The report must include:

(1) name, address, and telephone number of the owner or operator;

(2) name, address, and telephone number of the facility;

(3) date, time, and type of incident (e.g., fire, explosion);

(4) name and quantity of material(s) involved:

(5) the extent of injuries, if any;

(6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) estimated quantity and disposition of recovered material that resulted from the

incident.

(d) Quality control and rebuttable presumption for used oil. (I) To ensure that used oil

managed at a used oil processing/re-refining facility is not hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i)(b) of this Subpart, the facility owner or operator

must determine whether the total halogen content of used oil managed at the facility is greater

than or equal to 1,000 ppm. The owner or operator must make this determination, upon arrival

of every used oil transport vehicle at the facility, by obtaining a sample from each incoming

load, in accordance with Appendix 19 of this Title or a method shown to be equivalent under

section 370.3(a) and (b) of this Title. Such sample must be tested by using an analytical method

from SW-846, as incorporated by reference in section 370.1(e)(8) of this Title, to determine

whether the total halogen content of the load, whether or not commingled from various

generators, is greater than or equal to 1,000 ppm.

(i) If the tests for total halogens are performed at other than a department acceptable

laboratory, then five percent of all tests must have split samples taken and transmitted to a

laboratory acceptable to the department.

(2) Ifthe used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed

to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in

section 371.4 of this Title. The owner or operator may rebut the presumption by demonstrating

that the used oil does not contain hazardous waste (for example, by using an analytical method

from SW-846, as incorporated by reference in section 370.1 Ie][8] of this Title, to show that the

used oil does not contain significant concentrations of halogenated hazardous constituents

listed in Appendix 23 of this Title, or by demonstrating that the halogenated constituents are

from conditionally exempt small quantity generators, as defined in section 371.1 1f]11] of this

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 of Health's Environmental Laboratory Approval Program

(ELAP).

(ii) The rebuttable presumption does not apply to metalworking oilslfluids containing

chlorinated paraffins, if they are processed through a tolling arrangement, as described in

section 374-2.3(e)(3) of this Subpart, to reclaim metalworking oils/fluids. The presumption

does apply to metalworking oils/fluids ifsuch oils/fluids are recycled in any other manner, 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

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.

(3) Ifthe owner or operator of a used 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 of section 374-2.6(f)(3) of this 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,

excluding oil derived from small capacitors, as defined in section 371.4(e)(3)(ii) of this Title, as

the sole PCB contamination source. Applicable standards are contained in Part 370 through \

Subpart 374-1 and Part 376 of this Title.

(e) Used oil management. 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] of this Title) in addition to the requirements of this section and Subpart 360-14 of

this Title. Used oil processors/re-refiners are also subject to the Underground Storage Tank (40

CPR part 280, as incorporated by reference in section 370. I[e] of this Title) standards for used oil

stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous

waste, in addition to the requirements of this section.

(1) Management units. Used oil processors/re-refiners 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 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, if any; and

(ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR

Chapter XXXIII, Subchapter A, including the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA-30) (as incorporated by reference in section

370.1[e] of this Title).

(2) Used oil tanks. Compliance with petroleum bulk storage regulations.

(i) Owners and/or operators of used oil processing and re-refining facilities who store

used oil in aboveground or underground used oil tank systems are required to comply,

regardless of tank size, with sections 612.2 through 612.4, 613.2 through 613.9, 614.6 and

614.12 of this Title. In addition, owners and/or operators must comply with the following

requirements:

(a) Aboveground used oil tanks with less than 10 percent volume beneath the surface

of the ground, including tanks that are completely above the surface of the ground, must

be equipped with secondary containment:

(1) The secondary containment system must consist of, at a minimum:

(i) dikes, berms or retaining 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 of the 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 of the system to the soil, groundwater, or surface water.

(b) Aboveground used oil tanks with 10 percent or more volume beneath the 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 or not the used oil exhibits any characteristics of hazardous waste.

(c) Used oil tanks at a facility licensed under Part 610 of this Title do not require

registration under Part 612 of this 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 of this

Title.

(iii) Requirements of this paragraph shall apply on January 14, 1995, except as follows:

(a) by July 14, 1995:

(1) used oil tanks, regardless of their size, must be registered pursuant to section

612.2 of this Title; and

6568.2j Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.6

(2) the requirements of clause (i)(a) of this 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 of units. Containers and aboveground used oil tanks used to store or process

used oil at processing and re-refining facilities must be:

(i) in good condition (no severe rusting, apparent structural defects or deterioration); 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 a minimum:

(a) dikes, berms or retaining 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 of the 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 of the tank and with the words "Used Oil".

(ii) Fill pipes used to transfer used oil into underground used oil tanks at processing and

re-refining facilities must be clearly labeled or marked with the capacity of the tank and with

the words "Used Oil".

(6) Response to releases. (i) Any spill, discharge, or release of used oil shall be subject

to all applicable provisions of article 12 of the 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 of article 17, titles 10 and 17, of the Environmental Conservation Law, and section 613.8 of this Title.

(ii) Upon detection of a release of used 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) of this 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 other materials;

(d) if necessary, repair or replace any leaking used oil storage containers or tanks

prior to returning them to service.

(iii) Within two hours of detecting a spill, discharge, or release of used oil, the facility

owner or operator must notify the department Spill Hotline at (800) 457-7362, or, if calling

from out of state, (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 180 days after used oil storage or processing has ceased:

(a) At closure of a tank system, the owner or operator must remove or decontaminate

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 under Part 371 of this Title, manage them as hazardous waste. In

addition, the owner or operator must comply with the closure requirements of section

613.9 of this 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 of the ground must also comply with the applicable requirements of 40 CFR

280, subpart G, as incorporated by reference in section 370.1 (e) of this 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 in

accordance with the closure and post-closure care requirements that apply to hazardous

waste landfills (section 373-3.l4[d] of this Title).

(ii) Containers. Owners and operators who store used oil in containers must comply with

the following requirements within 180 days after used oil storage has ceased:

(a) at closure, containers holding used oils or residues of used 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 under Part

371 of this Title, manage them as hazardous waste.

(iii) Underground used oil tanks must be closed in accordance with section 613.9 of this

Title and the applicable requirements of 40 CFR 280, subpart G, as incorporated by reference in section 370.1 (e) of this Title.

(f) Quality control plan. Owners or operators of used oil processing and re-refining facilities must develop and follow a written quality control plan describing the procedures that will be

used to comply with the analysis requirements ofsubdivision (d) of this section and, if applicable,

section 374-2.8(c) of this 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 of such changes.

(1) Rebuttable presumption for used oil in subdivision (d) of this section. At a minimum,

the plan must provide a detailed description of how all incoming loads of used oil will be tested

for total halogen content, specifying the following:

(i) the sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:

(a) one of the sampling methods in Appendix 19 of this Title; or

(b) a 'method shown to be equivalent under section 370.3(a) and (b) of this Title;

(ii) the frequency of "sampling to be performed, and whether the analysis will be

performed on-site or off-site; and

(iii) the methods used to analyze used oil for the parameters specified in subdivision (d)

of this section.

(2) On-specification used oil fuel in section 374-2.8(c) of this Subpart. At a minimum, the

plan must specify or include the following if section 374-2.8(c) of this Subpart is applicable:

(i) a detailed flow diagram of the facility, indicating where off-specification and onspecification used oils are handled:

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

(iii) if sample 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 of the sampling methods in Appendix 19 of this Title; or

(2) a method shown to be equivalent under section 370.3(a) and (b) of this Title:

(b) whether used oil will be sampled and analyzed prior to or after 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 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.6

(d) the methods used to analyze used oil for the parameters specified in section

374-2.8(c) of this Title.

(iv) the type of information 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 contaminated with 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

must provide detailed procedures as to how the owner or operator will handle a load of used oil

that is suspected to be, or is determined to contain a listed hazardous waste. This plan must

include the following:

(i) a description of the procedures to be used if the load is rejected prior to being offloaded at the facility;

(ii) a description of the procedures to be used if the load is off-loaded at the facility and

is later found to contain a listed hazardous waste: and

(iii) a description of the procedures for notifying the department if a load of used oil is

rejected from the facility due to the potential of the load containing a listed 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 that used oil is

transported to their facilities 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 their facilities carry a valid Part 364 waste transporter permit, if required. Used

oil processors/re-refiners must keep copies of invoices for each used oil shipment accepted for

processing/re-refining. Records for each shipment must include the following information:

(i) the name and address of the transporter who delivered the used oil to the processor/

re-refiner;

(ii) the name and address of the generator, transfer facility or processor/re-refiner from

whom the used oil was sent for processing/re-refining;

(iii) the EPA identification number of the transporter who delivered the used oil to the

processor/re-refiner;

(iv) the EPA identification number (if applicable) of the generator, transfer facility or

processor/re-refiner from whom the used oil was sent for processing/re-refining;

(v) the quantity of used oil accepted;

(vi) the type of used oil (on-specification or off-specification) and, if on-specification,

the method of determination (chemical analysis, pre-characterization); and

(vii) the date of acceptance.

(2) Delivery. Used oil processors/re-refiners must keep copies of invoices for each shipment of used 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-refiner or disposal facility;

(ii) the name and address of the burner, processor/re-refiner or disposal facility who will

receive the used oil;

(iii) the EPA identification number of the transporter who delivers the used oil to the

burner, processor/re-refiner or disposal facility;

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

(v) the quantity of used oil shipped;

03-15-2006 6568.2m Conservation
§ 374-2.6 TITLE 6 ENVIRONMENTAL CONSERVATION

(vi) the type of used oil (on-specification or off-specification) and, if on-specification,

the method of determination (chemical analysis, pre-characterization); and

(vii) the date of shipment

(3) Record retention. The records described in paragraphs (1) and (2) of this subdivision

must be maintained for at least seven years.

(h) Operating record and reporting. (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) of this section.

(b) Unless otherwise specified in Part 61 3 of this Title, records of inspections must be

maintained in the facility's operating record for a period of seven years.

(ii) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility;

(a) records and results of used oil analyses performed as described in the quality

control plan required under subdivision (f) of this section; and

(b) summary reports and details of all incidents that require implementation of the

contingency plan as specified in paragraph (c)(2) of this section.

(2) Reporting. No later than March 1st of each calendar year, the owner or operator of a

used oil processing or re-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 prior calendar year in a form prescribed by or acceptable to the department. The report must

include the following information:

(i) facility name, address, EPA identification number, contact person, phone number

and location;

(ii) the calendar year covered by the report;

(iii) a listing of each storage tank and its capacity;

(iv) a monthly summary of all incoming and outgoing loads since the last report which

must include:

(a) a list of the names, addresses, and EPA identification numbers of the 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 number can be 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 of the 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 manner in which the used oil is processedlre-refined, including the

specific processes employed.

(v) if, since the last report, any chemical analysis was performed on the used oil received

by the facility for the purpose of checking on-site screening for total halogens, a tabulation of

the data from any such analysis and the associated total halogen screening data;

(vi) a description of any spills or emergencies that occurred at the facility since the last

report and corrective actions taken in response to such occurrences;

(vii) a list of any unacceptable used oil that was rejected or received by 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 or received, the quantity of

\

6568.2n Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.7

material rejected, the Part 364 permit number of the transporter of the rejected load, and the

EPA identification number of the transporter of the rejected load: and

(viii) a description of any operational changes since the last report or anticipated future

changes to the facility.

(i) Off-site shipments of used 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 under Part 364 of this Title.

0) Management ofresidues. Owners and operators who generate residues from the storage,

processing, or re-refining of used oil must manage the residues as specified in section

374-2.2(a)(5) of this Subpart.

Historical Note

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

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

recovery.

(a) Applicability. (1) General. The requirements of this section apply to used oil burners

except as specified in subparagraphs (i) and (ii) of this paragraph. A used oil burner is a facility

where used oil not meeting the specification requirements in section 374-2.2(b)(1) of this

Subpart is burned for energy recovery in devices identified in paragraph (b)(1) of this section.

Facilities burning used oil for energy recovery under the following conditions are not subject to

this section:

(i) the used oil is burned by the generator in an on-site space heater under the provisions

of section 374-2.3(d) of this Subpart; or

(ii) the used oil is burned by a processor/re-refiner for purposes of processing used oil,

which is considered burning incidentally to used oil processing.

(2) Other applicable provisions. Used oil burners must comply with the applicable requirements of Parts 201 and 225 of this Title. In addition, used oil burners who conduct the

following activities are also subject to the requirements of other applicable provisions of this

Subpart as indicated below:

(i) burners who generate used oil must also comply with section 374-2.3 of this Subpart;

(ii) burners who transport used oil must also comply with section 374-2.5 of this Subpart

and Part 364 of this Title, if applicable;

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

(iv) burners who direct shipments of off-specification used oil from their facility to a

used oil burner, or first claim that used oil that is to be burned for energy recovery meets the

used oil fuel specifications set forth in section 374-2.2(b)(1) of this Subpart, must also

comply with section 374-2.8 of this Subpart; and

(v) burners who dispose of used oil must comply with section 374-2.9 of this Subpart.

(3) Specification fuel. This section does not apply to persons burning used oil that meets

the used oil fuel specification of section 374-2.2(b)(I) of this Subpart, provided that the burner

complies with the requirements of section 374-2.8 of this 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) of this Title;

(ii) boilers, as defined in section 370.2(b) of this 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 of products, by mechanical or chemical processes:

03-15-2006 6568.20 Conservation
§ 374-2.7 TITLE 6 ENVIRONMENTAL CONSERVATlON

(b) utility boilers used to produce electric power, steam, heated or cooled air, or other

gases or fluids 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-yourselfer used oil generators;

(2) the heater is designed to have a maximum capacity of no more than 0.5 million

Btu per hour; and

(3) the combustion gases from the heater are vented to the outside ambient air:

(iii) hazardous waste incinerators subject to regulation under section 373-2.15 or

373-3.15 of this Title.

(2) Other used oil activities. (i) Except ilS provided in subparagraph (ii) of this paragraph, used oil burners may not process used oil unless they also comply with the requirements of section 374-2.6 of this 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 of RCRA section 301 0 must comply with these

requirements and obtain an EPA identification number.

(2) Mechanics of notification. 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 or 703-920-9810); or

(ii) a letter requesting an EPA identification number. Call the RCRNSuperfund Hotlin~

to determine where to send a letter requesting an EPA identification number. The letter must

include the following information:

(a) burner company name;

(b) owner of the burner company;

(c) mailing address for the burner;

(d) name and telephone number for the burner point of contact:

(e) type of used oil activity; and

(j) location of the burner facility.

(3) Department notification. A used oil burner must notify the department in writing of its

operation. Such notification must be sent to the depmtment office of the region in which the

facility is located.

(d) Quality control and rebuttable presumption/or used oil. (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) of this SUbpart, a used oil burner must determine whether the

total halogen content of used oil managed at the facility is greater than or equal to 1,000 ppm.

(2) The used oil burner must determine if the used oil contains greater than or equal to

1,000 ppm total halogens by:

(i) testing the used oil;

(ii) applying knowledge of the halogen content of the used oil in light of the materials or

processes used; or

(iii) if the 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 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.7

(3) lfthe used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed

to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in

section 371.4 of this Title, The owner or operator may rebut the presumption by demonstrating

that the used oil does not contain hazardous waste (for example, by using an analytical method

from SW-846, as incorporated by reference in section 370.1 [e][8] of this Title, to show that the

used oil does not contain significant concentrations of halogenated hazardous constituents

listed in Appendix 23 of this Title, or by demonstrating that the halogenated constituents are

from conditionally exempt small quantity generators, as defined in section 371.1 [f][I] of this

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 of Health's Environmental Laboratory Approval Program

(ELAP).

(ii) The rebuttable 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) of this Subpart, to reclaim metalworking oils/fluids. The presumption

does apply to metalworking oils/fluids ifsuch oils/fluids are recycled in any other manner, 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

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 defined in section 371.4(e)(3)(ii) of this Title, as

the sole PCB contamination source. Applicable standards are contained in Part 370 through

Subpart 374-1 and Part 376 of this Title.

(5) Record retention. Records of analyses conducted or information used to comply with

paragraphs (1), (2), (3), and (4) of this subdivision must be maintained by the burner for at least

three years.

(e) Used oil storage. Used oil burners are also subject to all applicable Spill Prevention,

Control and Countermeasures (40 CFR part 112, as incorporated by reference in section 370.1 [e]

of this Title) in addition to the requirements of this section. Used oil burners are also subject to the

Underground Storage Tank (40 CFR part 280, as incorporated by reference in section 370.1 tel of

this Title) standards for used oil stored in underground tanks whether or not the used oil exhibits

any characteristics of hazardous 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 burner facility is located:

(i) local building and fire codes, if any; and

(ii) the New York State Uniform Fire Prevention and Building Code, 19 NYCRR

Chapter XXXIII, Subchapter A, including the National Fire Protection Association flammable and Combustible Liquids Code (NFPA-30) (as incorporated by reference in section

370.1 [e] of this Title).

(2) Used oil tanks. Compliance with petroleum bulk storage regulations. (i) Used oil

burners who store used oil in aboveground or underground used oil tank systems are required

to comply, regardless of tank size, with sections 612.2 through 612.4, 613.2 through 613.9,

614.6 and 614.12 of this Title. In addition, burners must comply with the following requirements:

(a) aboveground used oil tanks with less than 10 percent volume beneath the surface

of the ground, including tanks that are completely above the surface of the 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 must consist of, at a minimum:

(i) dikes, berms or retaining 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 of the 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 of the system to the soil, groundwater, or surface water;

(b) aboveground used oil tanks with 10 percent or more volume beneath the 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 or not the used oil exhibits any characteristics of hazardous waste;

(c) used oil tanks at a facility licensed under Part 610 of this Title do not require

registration under Part 612 of this 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 of this Title.

(iii) Requirements of this paragraph shall apply on January 14, 1995, except as follows:

(a) by July 14, 1995:

(1) used oil tanks, regardless of their size, must be registered pursuant to section

612.2 of this Title: and

(2) the requirements of clause (i)(a) of this 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 of units. Containers and aboveground used oil tanks used to store used oil at

burner facilities must be:

(i) in good condition (no severe rusting, apparent structural defects or deterioration); and

(ii) not leaking (no visible leaks).

(4) Secondary containment for containers. Containers used to store used oil at burner

facilities must be equipped with a secondary containment system.

(i) The secondary containment system must consist of, at a minimum:

(a) dikes, berms or retaining 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 of the 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 of the tank and with the words "Used Oil".

(ii) Fill pipes used to transfer used oil into underground used oil tanks at burner facilities

must be clearly labeled or marked with the capacity of the tank and with the words "Used

Oil".

(8) Response to releases. (i) Any spill, discharge, or release of used oil shall be subject

to all applicable provisions of article 12 of the 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 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.7

subject to applicable provisions of article 17, titles 10 and 17, of the Environmental Conservation Law, and section 613.8 of this Title.

(ii) Upon detection of a release of used 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) of this Title, a burner 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;

(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 of detecting a spill, discharge, or release of used oil, the facility

owner or operator must notify the department Spill Hotline at (800) 457-7362, or, if calling

from out of state, (518) 457-7362.

(f) Tracking. (1) Acceptance. Used oil burners must ensure that used oil is transported to

their facilities only by transporters who are permitted, as required by Part 364 of this Title.

Used oil burners are required to confirm that the transporters delivering used oil to their

facilities carry a valid Part 364 waste transporter permit, if required. Used oil burners must keep

a record of each used oil shipment accepted for burning. These records may take the form of a

log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment

must include the following information:

(i) the name and address of the transporter who delivered the used oil to the burner;

(ii) the name and address of the generator, transfer facility, or processor/re-refiner from

whom the used oil was sent to the burner;

(iii) the EPA identification number of the transporter who delivered the used oil to the

burner;

(iv) the EPA identification number (if applicable) of the generator, transfer facility, or

processor/r~-refiner from whom the used oil was sent to the burner;

(v) the quantity of used oil accepted; and

(vi) the date of acceptance.

(2) Record retention. The records described in paragraph (1) of this subdivision must be

maintained for at least seven years.

(g) Notices. (1) Certification. Before a burner accepts the first shipment of off-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 of his or her used oil management activities; and

(ii) the burner will burn the used oil only in an industrial furnace or boiler identified in

paragraph (b)(1) of this section.

(2) Certification retention. The certification described in paragraph (l) of this 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, or processor/re-refiner.

(h) Management ofresidues. Burners who generate residues from the storage or burning of

used oil must manage the residues as specified in section 374-2.2(a)(5) of this 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 of the following activities is subject to the requirements of this subdivision:

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

or

(ii) first claims that used oil that is to be burned for energy recovery meets the used oil

fuel specifications set forth in section 374-2.2(b)(1) of this Subpart.

(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 some used oil fuel for purposes of processing are considered

to be burning incidentally to processing. Generators, transfer facilities, and transporters who

direct shipments of off-specification used oil to processors/re-refiners who incidentally bum

used oil are not marketers subject to this section;

(ii) persons who direct shipments of on-specification used oil and who are not the first

person to claim the oil meets the used oil fuel specifications of section 374-2.2(b)(1) of this

Title.

(3) Any person subject to the requirements of this section must also comply with one of the

following:

(i) section 374-2.3 of this 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 of this 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 a used oil burner who:

(1) has an EPA identification number; and

(2) bums the used oil in an industrial furnace or boiler identified in section 374-2.7(b)(1) of

this Subpart.

(c) On-specification used oil fuel. (1) Analysis ofused oil fuel. A generator, transporter,

transfer facility, processor/re-refiner, or burner may determine that used oil that is to be burned

for energy recovery meets the fuel specifications of section 374-2.2(b)(l) of this Subpart by

performing analyses or obtaining copies of analyses or other information 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 for used oil fuel under section 374-2.2(b)(1) of this Subpart, must keep copies of

analyses of the used oil (or other information used to make the determination) for seven years.

(d) Notification. (1) Identification numbers. A used oil fuel marketer subject to the requirements of this section who has not previously complied with the notification requirements

of RCRA 301 0 must comply with these requirements and obtain an EPA identification number.

(2) Used oil fuel marketers 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; or

(ii) a letter requesting an EPA identification number. The letter must include the following information:

\

6568.2t Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-2.9

(a) marketer company name;

(b) owner of the marketer;

(c) mailing address for the marketer:

(d) name and telephone number for the marketer point of contact; and

(e) type of used oil activity (i.e., generator directing shipments of off-specification

used oil to a bumer).

(e) Tracking. (1) Off-specification used oil delivery. Any used oil marketer who directs a

shipment of off-specification used oil to a burner must keep a record of each shipment of used

oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of

lading or other shipping documents. 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;

(ii) the name and address of the burner who will receive the used oil:

(iii) the EPA identification number of the transporter who delivers the used oil to the

burner:

(iv) the EPA identification number of the burner;

(v) the quantity of used oil shipped; and

(vi) the date of shipment.

(2) On-specification used oil delivery. 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 fuel specifications under section 374-2.2(b)(1) of this Subpart must keep a record of each

shipment of used oil to an on-specification used oil burner. Records for each shipment must

include the following information:

(i) the name and address of the facility receiving the shipment;

(ii) the quantity of used oil fuel delivered;

(iii) the date of shipment or delivery; and

(iv) a cross-reference to the record of used oil analysis or other information used to

make the determination that the oil meets the specification as required under paragraph

(c)(I) of this section.

(3) Record retention. The records described in paragraphs (1) and (2) of this subdivision

must be maintained for at least seven years.

(f) Notices. (I) Certification. Before a used oil generator, transporter, transfer facility, or

processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, he or

she must obtain a one-time written and signed notice from the burner certifying that:

(i) the burner has notified the department and the EPA stating the location and general

description of used 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) of this Subpart.

(2) Certification retention. The certification described in paragraph (I) of this subdivision

must be maintained for seven years from the date the last shipment of off-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 of used oil.

(a) Applicability. Except as provided in paragraph (I) of this subdivision, the requirements

of this 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 of this Subpart and Parts 201 and 225 of this 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 or burned for energy recovery in accordance with this

Subpart and Parts 201 and 225 of this Title must be managed in accordance with the hazardous \

waste management requirements of Part 370 through Subparts 374-1, 374-3, and Part 376 of

this Title.

(2) Disposal of nonhazardous used oils. Used oils that are not hazardous wastes and cannot

be recycled or burned for energy recovery in accordance with this Subpart and Parts 201 and

225 of this Title must be disposed in accordance with the requirements of Pail 360 of this Title.

(c) Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited in New

York State.

Historical Note

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

6568.2v Conservation 03-15-2006
CHAPTER 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 of universal waste

Standards for large quantity handlers of universal waste

Standards for universal waste transporters

Standards for destination facilities

Import requirements

Petitions to include other wastes under this Subpart

Historical Note

Subpart (§§ 374-3.1-374-3.7) filed Sept. 29,1998 eff. 60 days after filing.

§ 374-3.1 General requirements.

(a) Scope. (1) This Subpart establishes requirements for managing the following:

(i) batteries as described in subdivision (b) of this section;

(ii) pesticides as described in subdivision (c) of this section;

(iii) thermostats as described in subdivision (d) of this section; and

(iv) lamps as described in subdivision (e) of this section.

(2) This Subpart provides an alternative set of management standards in lieu of regulation

under Part 370 through Subpart 374-1, and Part 376 of this Title.

(b) Applicability-batteries. (1) Batteries covered under this Subpart.

(i) The requirements of this Subpart apply to persons managing batteries, as described in

subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.

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

are subject to martagement under this Subpart.

(2) Batteries not covered under this Subpart. The requirements of this Subpart do not apply

to persons managing the follOWing batteries:

(i) Spent lead-acid batteries that are managed under section 374-1.7 of this Part.

(ii) Batteries, as described in subdivision (i) of this section, that are not yet wastes under

Part 371 of this Title, including those that do not meet the criteria for waste generation in

paragraph (3) of this 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 of this Title.

(3) Generation of waste batteries. (i) A used battery becomes a waste on the date it is

discarded (e.g., when sent for 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 of this 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) of this Title. including, but not limited to those owned by the registrant responsible for conducting the recall: or

03-15-2006 6568.2w Conservation
§ 374-3.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, incorporated by reference in section 370.1 (e) of this Title, that are pari

of a voluntary recall by the registrant. \

(ii) Stocks of other unused pesticide products that are collected and managed as part of a

waste pesticide collection program approved by the department, meeting standards set forth

in Subpart 373-4 of this 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) of this subdivision, and unused

pesticide products described in subparagraph (1 )(ii) of this 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] of this Title address pesticides disposed of on 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 of this Title);

(ii) pesticides not meeting the conditions set forth in paragraph (1) of this subdivision.

These pesticides must be managed in compliance with the hazardous waste regulations in

Part 370 through Subpart 374-1, and Part 376 of this Title;

(iii) pesticides that are not wastes under Pari 371 of this Title, including those that do not

meet the criteria for waste generation in paragraph (3) of this subdivision or those that are not

wastes as described in paragraph (4) of this 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 of this 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 generator of the 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) of this subdivision

becomes a waste on the date the generator decides 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) of this Title; thus the pesticide is not a hazardous waste and is not

SUbject to hazardous waste requirements, including this Subpart. This pesticide remains

SUbject to the requirements of FlFRA, incorporated by reference in section 370.1 (e) of this

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

[other than use constituting disposal] or reuse [other than burning for energy recovery], or

reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste,

and is not subject to the hazardous waste requirements including this Subpart. This

pesticide, including a recalled pesticide that is exported to a foreign destination for use or

reuse, remains subject to the requirements of FIFRA.

(ii) Unused pesticide products described in paragraph (l)(ii) of this subdivision, if the

generator of the unused pesticide product has not decided to discard (e.g., burn for energy

recovery) them. These pesticides remain subject to the requirements of FlFRA.

6568.2x Conservation 03-15-2006














CHAPTER IV QUALITY SERVICES § 374-3.7

(c) Tracking universal waste shipments. (l) The owner or operator of a destination facility must keep a record of each shipment of universal waste received at the facility. The record

may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The

record for each shipment of universal waste received must include the following information:

(i) The name and address of the universal waste handler, destination facility, or foreign

shipper from whom the universal waste was sent.

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

thermostats).

(iii) The date of receipt of the shipment of universal waste.

(2) The owner or operator of a destination facility must retain the records described in

paragraph (I) of this subdivision for at least three years from the date of receipt of a shipment of

universal waste.

Historical Note

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

§ 374-3.6 Import requirements.

(a) Imports. Persons managing universal waste that is imported from a foreign country into

the United States are subject to the applicable requirements of this SUbpart, immediately after the

waste enters the United States, as indicated in paragraphs (1) through (4) of this subdivision.

(l) A universal waste transporter is subject to the universal waste transporter requirements

of section 374-3.4 of this Subpart.

(2) A universal waste handler is subject to the small or large quantity handler of universal

waste requirements of section 374-3.2 or 374-3.3 of this Subpart, as applicable.

(3) An owner or operator of a destination facility is subject to the destination facility

requirements of section 374-3.5 of this Subpart.

(4) Persons managing universal waste that is imported from an OECD country as specified

in section 372.5(h)(1)(i) of this Title are subject to paragraphs (1) through (3) of this subdivision, in addition to the requirements of section 372.5(h) of this Title.

Historical Note

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

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

(a) General. (l) Any person seeking to add a hazardous waste or a category of hazardous

waste to this Part may petition for a regulatory amendment under this Subpart and section

370.5(a) and (c) of this Title.

(2) To be successful, the petitioner must demonstrate to the satisfaction of the commissioner that regulation under the universal waste regulations of this Subpart: is appropriate for

the waste or category of waste; will improve management practices for the waste or category of

waste; and will improve implementation of the hazardous waste program. The petition must

include the information required by section 370.5(a)(2) of this Title. The petition should also

address as many of the factors listed in subdivision (b) of this section as are appropriate for the

waste or waste 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 or deny a petition using the factors listed in subdivision (b) of this section. The decision will be based on the weight of evidence showing that

regulation under this Subpart is appropriate for the waste or category of waste, will improve

management practices for the waste or category of waste, and will improve implementation of

the hazardous waste program.

(b) Factors for petitions to include other wastes under this Subpart. (1) The waste or

category of waste, as generated by a wide variety of generators, is listed in section 371.4 of this

Title, or (if not listed) a proportion of the 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 of this Title. (When a characteristic waste is added

to the universal waste regulations of this Subpart by using a generic name to identify the waste

category [e.g., batteries], the definition of universal waste in sections 370.2[b] and 374-3.1 [i] of \

this Title will be amended to include only the hazardous waste portion of the waste category

[e.g., hazardous waste batteries]). Thus, only the portion of the waste stream that does exhibit

one or more charactelistics (i.e., is hazardous waste) is SUbject to the universal waste regulations of this 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 of types of establishments (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 or category of waste is generated by a large number of generators (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 or category of waste (including packaging,

marking, and labeling practices) would ensure close stewardship of the waste.

(5) The risk posed by the waste or category of waste 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 that the waste will be diverted from non-hazardous waste management systems (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 of the waste or category of waste under this Subpart will improve implementation of and 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 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-4.2

SUBPART 374-4

STANDARDS FOR THE MANAGEMENT OF ELEMENTAL MERCURY AND

DENTAL AMALGAM WASTES AT DENTAL FACILITIES

Sec.

374-4.]

374-4.2

General requirements

Requirements for the management of elemental 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 of elemental mercury and for the proper management of dental 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 of the 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) of this Subpart.

(2) Dental amalgam means an alloy which contains mercury and other metals used in the

practice of dentistry.

(3) Dental facility means any institution, clinic, office or other location where the practice

of dentistry is performed.

(4) Dental amalgam waste means waste from a dental facility containing:

(i) dental amalgam that has been in contact with the patient including, but not limited 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

other dental 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 of a dental procedure; and

(iii) dental amalgam that may have accumulated in the plumbing system of a dental

facility.

(5) Elemental mercury means a heavy, silvery-white metal that is liquid at room temperature and is represented by the chemical symbol Hg with an atomic number of 80 and an atomic

mass of 200.59.

(6) Large dental facility means an institution which houses 50 or more dental chairs.

(7) Practice of dentistry means the practice of dentistry as defined in section 6601 of the

New York State Education Law.

Historical Note

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

§ 374-4.2 Requirements I'or the 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 I 143 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) of this Title. The amalgam separator must achieve a minimum of

99 percent removal efficiency of dental 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

of dental 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) of this subdivision, but is not required to

be ISO certified. Ifsuch a separator is not ISO certified, then the minimum removal emciency

certification must be made by a person or firm licensed to practice professional engineering in

the State of New York.

(4) All amalgam separators must be properly sized for the volume and flow of the dental

facility amalgam wastewater in 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 separator must be installed, operated, and maintained in 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 must be placed in service in accordance with the requirements

of this Subpart as follows:

(i) for dental facilities that begin operations after the effective date of this Subpart, the

amalgam separator must be placed in service prior to 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 of this

Subpart.

(7) Dental facilities where dental amalgam is not placed or removed, including facilities

where the specialties of orthodontics, periodontics, prosthodontics and oral and maxillofacial

surgery are exclusively performed, are exempt from the requirements to install an amalgam

separator.

(b) Dental amalgam waste storage. (1) All dental amalgam wastes must be collected and

stored in air-tight, leak-proof and structurally sound containers.

(2) The containers holding the dental amalgam waste must have a label 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 must be tightly closed except when

adding or removing dental amalgam waste.

(4) Length of storage of dental amalgam waste within the dental facility must not exceed

one year from the date waste was initially placed in the container.

(c) Recycling of dental 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 of the collection service;

Oi) the amount, by weight, of dental amalgam waste and elemental mercury collected

and the date it was collected; and

(iii) the name and address of the facility where the dental amalgam waste and elemental

mercury will ultimately be recycled, and certification that the mercury contained in the waste

was destined for recycling.

6568.20 Conservation 03-15-2006
CHAPTER IV QUALITY SERVICES § 374-4.2

(d) Recordkeeping and inspection. (1) Records must be maintained at the dental facility

documenting:

(i) the type of amalgam 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) a description of aU maintenance performed on the amalgam separator(s) and the date

of completion of such maintenance;

(iii) the amount, by weight, of dental amalgam waste sent for recycling of mercury, on

an annual basis; and

(iv) copies of the correspondence required by paragraph (c)(2) of this section.

(2) The records required under subparagraph (I)(i) of this 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) of this 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 later than 30 days foUowing the applicable

deadline specified under paragraph (a)(6) of this 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 specified in subparagraph (I )(i) of this subdivision.

(4) The records specified in paragraph (I) of this 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 of elemental mercury in the practice of dentistry is prohibited in a dental facility unless such elemental mercury is contained in appropriate

pre-encapsulated capsules specificaUy designed for the mixing of dental 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 of Public Health

Law and section 27-1501 of Environmental Conservation Law.

(3) Chair-side traps, screens, vacuum pump filters or other amalgam coUection devices

containing dental amalgam must not be rinsed over drains or sinks that are not equipped with an

amalgam separator as required under subdivision (a) of this section.

(4) Dental amalgam waste must not be managed as a regulated medical waste as defined in

section 1389-aa of Public Health Law and section 27-1501 of Environmental Conservation

Law and must not be disposed of in containers destined for treatment or disposal as regulated

medical waste.

(5) Dental amalgam waste and coUection equipment must not be disinfected by any

method that utilizes heat.

(6) Dental amalgam waste must not be disposed of as municipal solid waste.

Historical Note

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

03-15-2006 6568.21 Conservation