SPECIAL CONSOLIDATED CHECKLIST

for the Recycled Used Oil Management Standards as of June 30, 2002

Notes: 1) This checklist consolidates the changes to Federal code addressed by the following Recycled Used Oil Management Standards (RUO) checklists through June 30, 200 2 :

! Revision Checklist 112 [57 FR 41566 (September 10, 1992)];

! Revision Checklist 122 [58 FR 26420 (May 3, 1993) and 58 FR 33341 (June 17, 1993)];

! Revision Checklist 130 [59 FR 10550 (March 4, 1994)]; and

! Revision Checklist 166 [63 FR 24963 (May 6, 1998), 63 FR 37780 (July 14, 1998)].

This checklist also includes applicable changes made to the Federal code addressed by the following checklists that are not RUO checklists, but which contain revisions to provisions included in the RUO program, through June 30, 200 2 :

! Revision Checklist 135 [59 FR 38536 (July 28, 1994)];

! Revision Checklist 142B [60 FR 25492 (May 11, 1995)];

! Revision Checklist 169 [63 FR 42110 (August 6, 1998), 63 FR 54356 (October 9, 1998)]; and

! Revision Checklist 182 [64 FR 52828 (Septem ber 30, 1999), 64 FR 63209 (November 19, 1999)].

The October 30, 1995 final rule (60 FR 55202) issued an administrative stay of the regulatory provisions set forth in 40 CFR 279.10(b)(2) applicable to mixtures of used oil and characteristic hazardous waste. The stay reinstated for these mixtures, the regulatory requirements ordinarily applicable to mixtures containing hazardous waste along with other applicable regulatory requirements including but not limited to the 40 CFR part 268 land disposal restrictions, until EPA completes a new rulemaking addressing 40 CFR 279.10(b)(2).

On January 19, 1996, this administrative stay was vacated by the U.S. Court of Appeals for the District of Columbia. Other litigation is pending relative to this administrative stay. As such, EPA published a final rule on June 28, 1996 (61 FR 33691) that clarified the regulatory status of the mixtures of used oil and characteristic hazardous wastes in light of the judicial vacatur. Therefore, the October 30, 1995 rule is not included on this special consolidated checklist.

2) The preamble to the September 10, 1992 rule (57 FR 41566; Revision Checklist 112) indicated that none of the provisions of that rule were being promulgated pursuant to HSWA. Therefore, the Part 279 regulations would not be enforceable in an authorized State until the State had received authorization for Revision Checklist 112. After publication of the September 10, 1992 rule, EPA realized that its position, making all provisions of that rule non-HSWA, was arguably inconsistent with statements made in the preamble of the November 29, 1985 rule (50 FR 49201; Revision Checklist 19) which promulgated Part 266, Subpart E. Those provisions were issued under HSWA authority and are recodified in certain portions of Part 279 (specifically, 279.10, 279.11 and portions of 279.1 and Subparts G and H of Part 279) by the September 10, 1992 rule. In the May 3, 1993 rule (58 FR 26420; Revision Checklist 122), EPA thus redesignated these provisions in Part 279 as HSWA because they were originally promulgated under these authorities. These provisions will continue to be enforced by EPA until a State becomes authorized for them. States already authorized for the Part 266, Subpart E provisions will continue to enforce these provisi ons until the State becomes authorized for Part 279. For this checklist, the HSWA provisions are designated by a " Ë " (diamond symbol).

FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE STATE ANALOG IS:SPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 2 of 75 REFERENCE CITATION

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IN SCOPE PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B - DEFINITIONS

DEFINITIONS

add, in alphabetical order,

definition of "used oil" 112 260.10 370.2(b)(213) T

State definition of “waste oil” derived from Article 27,

Title 3 of the ECL N/A N/A 370.2(b)(216) N/A

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

DEFINITION OF HAZARDOUS WASTE

used oil containing >1000 ppm total halogens presumed to be hazardous waste; presumption may be rebutted by demonstrating

that the used oil does not
contain hazardous waste; example from SW-846; where SW-846 may be

obtained 112 261.3(a)(2)(v) 371.1(d)(1)(ii)(‘ e’) T

rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins if processed, through a tolling agreement, to reclaim metal-working oils/fluids; presumption does apply to metal working

oils/fluids if such oils/fluids are recycled in any other manner or disposed 112 261.3(a)(2)(v)(A) 371.1(d)(1)(ii)(‘ e’)(‘1’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 3 of 75 FEDERAL REQUIREMENTS CHECKLIST

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IN SCOPE rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed from refrigeration

units where the CFCs are destined for reclamation; rebuttable presumption does apply to used oils

contaminated with CFCs

that have been mixed with

used oil from sources other than refrigeration units 112 261.3(a)(2)(v)(B) 371.1(d)(1)(ii)(‘ e’)(‘2’) T

EXCLUSIONS

i

, ii 261.4(b)(15) redesignated as (b)(13) 122 261.4(b)(13) 371.1(e)(2)(xi) T

add paragraph excludingfrom regulation used oil rerefining distillation bottoms

that are used as feedstock to manufacture asphalt

p roducts 122 261.4(b)(14) NA T dn

, redesignate as 261.4(b)(13) 122 261.4(b)(15) 371.1(e)(2)(xi) T

SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT

SMALL QUANTITY GENERATORS

iii replace "subpart E of part 266" with "part 279" 112,122 261.5(j) 371.1(f)(10) T

REQUIREMENTS FOR RECYCLABLE MATERIALS

remove 261.6(a)(2)(iii); redesignate 261.6(a)(2)(iv) and (v) as 261.6(a)(2)(iii) and (iv) 112 261.6(a)(2)(iii) 371.1(g)(1)(ii)(‘ d’) T

261.6(a)(2)(iv) 371.1(g)(1)(ii)(‘ e’) T

iv remove 261.6(a)(3)(iii); redesignate 261.6(a)(3)(iv) as 261.6(a)(3)(iii) 112,142B 261.6(a)(3)(ii) 371.1(g)(1)(iii)( ‘b’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 4 of 75 FEDERAL REQUIREMENTS CHECKLIST

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IN SCOPE redesignate 261.6(a)(3)(v)

as 261.6(a)(3)(iv) 112,135,

142B 261.6(a)(3)(iii) 371.1(g)(1)(iii)(

> c = ) T

redesignate 261.6(a)(3)(v)(A) as 261.6(a)(3)(iv)(A); replace

A 266.40(e) @ with A 279.11 @ 112,135, 142B,

H 166 261.6(a)(3)(iv)(A) 371.1(g)(1)(iii)( ‘d’)(‘1’) T

redesignate 261.6(a)(3)(v)(B) as 261.6(a)(3)(iv)(B); replace

A 266.40(e) @ with A 279.11 @ 112,135, 142B,

H 166 261.6(a)(3)(iv)(B) 371.1(g)(1)(iii) (‘d’)(‘2’) T

redesignate 261.6(a)(3)(v)(C) as 261.6(a)(3)(iv)(C); replace

A 266.40(e) @ with A 279.11 @ 112,135, 142B,

H 166 261.6(a)(3)(iv)(C) 371.1(g)(1) (iii)(‘d’)(‘3’) T

remove 112,135,

169 261.6(a)(3)(v) 371.1(g)(1) (iii), deleted (‘e’) T

used oil that is recycled and is hazardous waste solely

because it exhibits a characteristic is not subject

to Parts 260-268 but is regulated under Part 279;

definition of used oil that is recycled 112 261.6(a)(4) 371.1(g)(1)(iv) T a

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY

v change "261.6(a)(2) and (3)" to "261.6(a)(2), (3), and (4)"; change "that requirements of this part" to "they"; add "part 279 or" before "subparts"; change "subparts C, F, G or H" to "subparts C, D, F or G" (note, this last change appears to be an error; see Endnote for this checklist) 122 264.1(g)(2) 373-2.1(a)(6) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY

change "owner and operator" to "owner or operator"; change "261.6(a)(2) and (3)" to "261.6(a)(2), (3), and (4)"; change "that requirements of this part" to "they"; add "part 279 or" before "subparts"; change "subparts C, F, G or H" to "subparts C, D, F or G" (note, this last change appears to be an error; see Endnote for this checklist) 122 265.1(c)(6) 373-3.1(a)(6) T

PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND

SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY

remove and reserve Subpart E 112 266.40-266.44 374-2.7 and

2.8 T b

SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES

APPLICABILITY

vi substitute "part 279 of this chapter" for "subpart E of part 266 rather than this subpart" 112,182 266.100(c)(1) 374-1.8(a)(2)(i) T

PART 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL

SUBPART A - DEFIN

ITIONS

DEFINITIONS

terms defined in sections
260.10, 261.1 and 280.12 have same meanings in 112 279.1 374-2.1(a) T c

"aboveground tank" 112 279.1 374-2.1(a)(1) T

"container" 112 279.1 374-2.1(a)(3) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE "do-it-yourselfer used oil

collection center" 112 279.1 374-2.1(a)(5) T

"existing tank" 112 279.1 374-2.1(a)(6) T

"household `do-ityourselfer' used oil" 112 279.1 374-2.1(a)(7) T

"household `do-ityourselfer' used oil generator" 112 279.1 374-2.1(a)(8) T

"new tank" 112 279.1 374-2.1(a)(9) T

"petroleum refining facility" 130 279.1 374-2.1(a)(11) T

"processing" 112 279.1 374-2.1(a)(12) T

"re-refining distillation

bottoms" 112 279.1 374-2.1(a)(13) T

"tank" 112 279.1 374-2.1(a)(17) T

Ë "used oil" 112,122 279.1 374-2.1(a)(20) T

"used oil aggregation point" 112 279.1 374-2.1(a)(21) T

Ë "used oil burner" 112 279.1 374-2.1(a)(22) T

"used oil collection center" 112 279.1 374-2.1(a)(23) T do

Ë "used oil fuel marketer" 112 279.1 374-2.1(a)(24) T

"used oil generator" 112 279.1 374-2.1(a)(25) T

vii "used oil processor/

re-refiner" 112 279.1 374-2.1(a)(26) T ds

"used oil transfer facility" 112,

H 130 279.1 374-2.1(a)(28) T d

"used oil transporter" 112 279.1 374-2.1(a)(29) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 7 of 75 FEDERAL REQUIREMENTS CHECKLIST

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IN SCOPE SUBPART B - APPLICABILITY

APPLICABILITY

section identifies materials subject to regulation as
used oil under Part 279;

also identifies some

materials which are not so regulated and indicates if subject to Parts 260-266,
268, 270 and 124 112 279.10 intro 374-2.2(a) T e T e

EPA presumes used oil is to be recycled unless used oil handler disposes of it or sends it for disposal; except as provided in 279.11, used oil is subject to regulation under Part 279, regardless

of whether it exhibits a 261 Subpart C characteristic 112 279.10(a) 374-2.2(a)(1) T

mixtures of used oil and

hazardous waste 112 279.10(b) intro 374-2.2(a)(2) T

listed hazardous waste 112 279.10(b)(1) intro 374-2.2(a)(2) (i) T

mixtures of used oil and

hazardous waste listed in 261 Subpart D subject to regulation as hazardous
waste under Parts 260-266,
268, 270 and 124 rather

than as used oil under Part

279 112 279.10(b)(1)(i) 374-2.2(a)(2) (i)(‘a’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 8 of 75 FEDERAL REQUIREMENTS CHECKLIST

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IN SCOPE used oil containing >1000 ppm total halogens presumed to be hazardous waste; presumption may be rebutted by demonstrating

that the used oil does not
contain hazardous waste; example from SW-846;

where to obtain SW-846 112,130 279.10(b)(1)(ii)

intro 374-2.2(a)(2) (i)(‘b’) T

374-2.2(a)(2) (i)(‘b’)(‘1’) T f

rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins if processed to reclaim metalworking oils/fluids; presumption does apply to metalworking

oils/fluids if such oils/fluids are recycled in any other manner or disposed 112 279.10(b)(1)(ii)(A) 374-2.2(a)(2) (i)(‘b’)(‘2’) T

rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed from refrigeration

units where the CFCs are destined for reclamation; presumption does apply to

used oils contaminated with

CFCs that have been mixed

with used oil from sources other than refrigeration

units 112 279.10(b)(1)(ii)(B) 374-2.2(a)(2) (i)(‘b’)(‘3’) T

Ë

, viii mixtures of used oil and hazardous waste that solely

exhibit one or more of the 261, Subpart C hazardous

waste characteristics and

mixtures of used oil and

hazardous waste that are listed in subpart D solely because they exhibit one or

more of the characteristics

of hazardous waste identified in subpart C, are subject to: 112,122 279.10(b)(2) intro 374-2.2(a)(2) (ii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 9 of 75 FEDERAL REQUIREMENTS CHECKLIST

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IN SCOPE Ë except as 279.10(b)(2)(iii) provides, regulation under
Parts 260-266, 268, 270

and 124 if mixture exhibits any 261, Subpart C

hazardous waste

characteristics 112 279.10(b)(2)(i) 374-2.2(a)(2) (ii)(‘a’) T

Ë if the mixture does not exhibit any 261, Subpart C

hazardous waste
characteristics, it is regulated under Part 279; exception 112,122 279.10(b)(2)(ii) 374-2.2(a)(2) (ii)(‘b’) T

Ë mixture is regulated under

Part 279 if waste mixed with oil is hazardous solely

because it exhibits the characteristic of ignitability, provided mixture does not

exhibit the 261.21 characteristic of ignitability 112,122,

130 279.10(b)(2)(iii) 374-2.2(a)(2) (ii)(‘c’) T

Ë mixtures of used oil and conditionally exempt small quantity generator hazardous waste regulated under 261.5 are subject to regulation as used oil under

Part 279 112 279.10(b)(3) 374-2.2(a)(2) (iii) T

i x materials containing or

otherwise contaminated

with used oil 112,122 279.10(c) intro 374-2.2(a)(3) T

except as provided in 279.10(c)(2), materials containing or otherwise

contaminated with used oil

from which used oil has been properly drained or

removed such that no visible signs of free-flowing

oil remain in or on material: 122 279.10(c)(1) intro 374-2.2(a)(3)(i) T

are not used oil; not subject

to Part 279 122 279.10(c)(1)(i) 374- 2.2(a)(3)(i)(‘a’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE subject to Parts 124, 260- 266, 268, and 270 if applicable 122 279.10(c)(1)(ii) 374- 2.2(a)(3)(i)(‘b’) T

materials containing or

otherwise contaminated

with used oil that are burned for energy recovery subject to Part 279 122 279.10(c)(2) 374- 2.2(a)(3)(ii) T

used oil drained or removed from materials containing or

otherwise contaminated with used oil subject to Part

279 122 279.10(c)(3) 374- 2.2(a)(3)(iii) T

mixtures of used oil with products 112 279.10(d) intro 374-2.2(a)(4) T

except as provided in 279.10(d)(2), mixtures of

used oil and fuels or other fuel products are subject to

Part 279 112,122 279.10(d)(1) 374-2.2(a)(4)(i) T

used oil and diesel fuel mixed on-site by the generator for use in the generator's own vehicles not subject to Part 279 after mixing; prior to mixing used oil is subject to 279, Subpart C 112 279.10(d)(2) 374- 2.2(a)(4)(ii) T

materials derived from used

oil 112 279.10(e) intro 374-2.2(a)(5) T

materials reclaimed from

used oil that are used beneficially and not burned for energy recovery or used in a manner constituting disposal are: 112 279.10(e)(1) intro 374-2.2(a)(5)(i) T

not used oil and not subject

to Part 279 112 279.10(e)(1)(i) 374-2.2(a)(5) (i)(i)(‘a’) T

not solid wastes, and not subject to Parts 260-266,
268, 270 and 124 112 279.10(e)(1)(ii) 374- 2.2(a)(5)(i)(‘b’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE materials produced from used oil burned for energy recovery are subject to Part

279 112 279.10(e)(2) 374- 2.2(a)(5)(ii) T g T g

except as provided in 279.10(e)(4), materials

derived from used oil that are disposed of or used in a manner constituting disposal are: 112 279.10(e)(3) intro 374- 2.2(a)(5)(iii) T

not used oil and not subject

to Part 279 112 279.10(e)(3)(i) 374- 2.2(a)(5)(iii)(‘a’ ) T

are solid waste and are subject to Parts 260-266, 268, 270 and 124 if the

materials are listed or

identified as hazardous

waste 112,122 279.10(e)(3)(ii) 374- 2.2(a)(5)(iii)(‘b’ ) T

used oil re-refining

distillation bottoms used as

feedstock to manufacture asphalt products are not subject to this part 112,122 279.10(e)(4) intro 374- 2.2(a)(5)(iv) T

x removed 112,122 279.10(e)(4)(i)&(ii) NA T

CWA, Section 402 or 307,

wastewater contaminated

with de minimis quantities of used oil not subject to Part 279; definition of de

minimis ; exception does not apply if used oil is

discarded as result of abnormal manufacturing operations resulting in

substantial releases or to

used oil recovered from

wastewaters 112 279.10(f) 374-2.2(a)(6) T

xi used oil introduced into crude oil pipelines or a petroleum refining facility 112, H 130 279.10(g) intro 374-2.2(a)(7) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE H used oil mixed with crude oil or natural gas liquids for

insertion into a crude oil pipeline is exempt from the Part 279 requirements; used oil is subject to Part 279 requirements prior to mixing of used oil with crude oil or natural gas liquids 130 279.10(g)(1) 374-2.2(a)(7)(i) T

H mixtures of used oil and crude oil or natural gas liquids containing less than 1% used oil being stored or transported to crude oil pipeline or petroleum refining facility for insertion into refining process at a point prior to crude distillation or catalytic cracking are exempt from the Part 279 requirements 130 279.10(g)(2) 374- 2.2(a)(7)(ii) T

H used oil inserted into petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil exemption is exempt from the Part 279 requirements provided used oil

constitutes less than 1% of crude oil feed to any petroleum facility process unit at any time; used oil is subject to Part 279 requirements prior to insertion into the petroleum refining facility process 130 279.10(g)(3) 374- 2.2(a)(7)(iii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE H except as provided in 279.10(g)(5), used oil introduced into petroleum refining facility process after crude distillation or catalytic cracking is exempt from the Part 279 requirements only

if used oil meets 279.11 specifications; used oil is subject to Part 279 requirements prior to insertion into petroleum refining facility process 130 279.10(g)(4) 374- 2.2(a)(7)(iv) T

H used oil incidentally captured by hydrocarbon
recovery system or

wastewater treatment system as part of routine process operations at petroleum refining facility

and inserted into the petroleum refining facility process is exempt from the Part 279 requirements; exemption does

not extend to used oil intentionally introduced into a hydrocarbon recovery
system 130 279.10(g)(5) 374- 2.2(a)(7)(v) T

H tank bottoms from stock tanks containing exempt

mixtures of used oil and crude oil or natural gas liquids are exempt from the Part 279 requirements 130 279.10(g)(6) 374- 2.2(a)(7)(vi) T

used oil produced on

vessels from normal shipboard operations is not subject to Part 279 until it is transported ashore 112 279.10(h) 374-2.2(a)(8) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE

, xii used oil containing PCBs;

marketers and burners of used oil containing quantifiable level of PCBs subject to 40 CFR 761.20(e) in addition to Part

279 112,122,

H 166 279.10(i) 374-2.2(a)(9) T h

USED OIL SPECIFICATIONS

Ë used oil burned for energy recovery and fuel produced

from treatment of used oil is subject to Part 279 unless it

is shown not to exceed allowable levels of specific constituents and properties
in Table 1; once used oil no longer exceeds specifications and there is compliance with 279.72, 279.73 & 279.74(b), then not subject to Part 279 112 279.11 374-2.2(b)(1) T

374-2.2(b)(1)(i) T de

374-2.2(b)(2) T

Ë "Used Oil Not Exceeding Any Specification Level Is Not Subject to This Part When Burned for Energy Recovery"; lists constituents/properties and

allowable levels 112 279.11, Table 1 374-2.2(b)(1),

Table 1 T i

H

, Ë

,

xiii after Table 1, add note regarding applicable standards for burning used oil containing PCBs 122 279.11, Table 1,

note 374-2.2(b)(1),
Table 1,

Footnote 2 T jSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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used oil shall not be managed in surface impoundments or waste piles unless those units are subject to Parts 264 or 265 112 279.12(a) 374-2.2(c)(1) T k

use of used oil as a dust suppressant is prohibited, except in States listed in 279.82(c) 112 279.12(b) 374-2.2(c)(2) T l

off-specification used oil fuel may be burned in: 112 279.12(c) intro 374-2.2(c)(3) T

industrial furnaces identified

in 260.10 112 279.12(c)(1) 374-2.2(c)(3) (i) T

specific boilers: 112 279.12(c)(2) intro 374- 2.2(c)(3)(ii) T

industrial boilers on the site of a facility engaged in a manufacturing process

where substances are

transformed into new products by mechanical or chemical processes 112 279.12(c)(2)(i) 374-2.2(c)(3) (ii)(‘a’) T

utility boilers used to produce electric power,
steam, heated or cooled air, or gases or fluids for sale 112 279.12(c)(2)(ii) 374- 2.2(c)(3)(ii)(‘b’) T

used oil-fired space heaters

if burner meets 279.23 provisions 112 279.12(c)(2)(iii) 374- 2.2(c)(3)(ii)(‘c’) T

hazardous waste incinerators subject to regulation under subpart O

of 264 or 265 122 279.12(c)(3) 374- 2.2(c)(3)(iii) T

No federal analog NA 374-2.2(c)(4) T mSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE SUBPART C - STANDARDS FOR USED OIL GENERATORS

APPLICABILITY

definition of used oil generator; 279 Subpart C applies to all used oil
generators except: 112 279.20(a) intro 374-2.3(a)(1) T

household "do-it-yourselfer" used oil generators 112 279.20(a)(1) 374-2.3(a)(1)(i) T

vessels, until the used oil is transported ashore; definition of co-generators; decision as to which party

will fulfill Part 279 requirements 112 279.20(a)(2) 374- 2.3(a)(1)(ii) T

diesel fuel and used oil mixed by the used oil generator for use in generator's own vehicles, after mixing; prior to mixing the used oil is subject to

Part 279 112 279.20(a)(3) 374- 2.3(a)(1)(iii) T

farmers who generate an average of <25 gallons per

month from vehicles or machinery used on the farm in a calendar year 112 279.20(a)(4) 374- 2.3(a)(1)(iv) T dr

used oil generators who conduct specific activities are subject to the requirements of other applicable provisions of

Part 279 112 279.20(b) intro 374-2.3(a)(2) T

except under 279.24(a)&(b), generators who transport used oil must also comply with Subpart E

of Part 279 112 279.20(b)(1) 374-2.3(a)(2)(i) T

xiv except as provided in 279.20(b)(2)(ii), generators who process or re-refine used oil must also comply with Subpart F of Part 279 112,130 279.20(b)(2)(i) 374- 2.3(a)(2)(ii)(‘a’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 17 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE generators who perform the following activities are not processors provided theused oil is generators onsite and is not being sent

off-site to a burner of on- or off-specification used oil

fuel: 130 279.20(b)(2)(ii)

intro 374- 2.3(a)(2)(ii)(‘b’) T

filtering, cleaning, or otherwise reconditioning used oil before returning it for reuse by generator 130 279.20(b)(2)(ii)(A) 374-2.3(a)(2) (ii)(‘b’)(‘1’) T

separating used oil fromwastewater generated onsite to make the wastewater acceptable for discharge or reuse pursuant to section 307(b) of CWA or other applicable Federal regulations governing the management or discharge

of wastewaters 130 279.20(b)(2)(ii)(B) 374-2.3(a)(2) (ii)(‘b’)(‘2’) T

using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for

continued recirculation 130 279.20(b)(2)(ii)(C) 374-2.3(a)(2) (ii)(‘b’)(‘3’) T

draining or removing used

oil from materials containing or contaminated

with used oil in order to

remove excessive oil pursuant to 279.10(c) 130 279.20(b)(2)(ii)(D) 374-2.3(a)(2) (ii)(‘b’)(‘4’) T

filtering, separating or reconditioning used oil before burning it in a space heater pursuant to 279.23 130 279.20(b)(2)(ii)(E) 374-2.3(a)(2) (ii)(‘b’)(‘5’) T

generators who burn offspecification used oil for
energy recovery, except under 279.23, must also comply with Subpart G of

Part 279 112 279.20(b)(3) 374- 2.3(a)(2)(iii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 18 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE generators who directshipments of offspecification 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 279.11 specifications must also comply with Subpart H

of Part 279 112 279.20(b)(4) 374- 2.3(a)(2)(iv) T

generators who dispose of used oil must also comply with Subpart I of Part 279 112 279.20(b)(5) 374- 2.3(a)(2)(v) T n

HAZARDOUS WASTE MIXING

mixtures of used oil and

hazardous waste must be managed in accordance with 279.10(b) 112,122 279.21(a) 374-2.3(b)(1) T

the rebuttable presumption of 279.10(b)(1)(ii) applies to used oil managed by generators; used oil containing >1,000 ppm total halogens is presumed to be

hazardous and must be managed as such; does not apply to certain metalworking oils/fluids and

certain used oils removed from refrigeration units 112 279.21(b) 374-2.3(b)(2) T

USED OIL STORAGESPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 19 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE used oil generators are subject to applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112) and Underground Storage Tank (40 CFR Part 280) standards for used oil stored in underground
tanks, whether or not the used oil exhibits any

characteristics of
hazardous waste, in
addition to the Part 279, Subpart C requirements 112,122 279.22 intro 374-2.3(c) T

used oil generators may not

store used oil in units other
than tanks, containers, or units subject to Parts 264 or

265 112 279.22(a) 374-2.3(c)(1) T o

No federal analog NA 374-2.3(c)(2) T p

containers and aboveground tanks must

be: 112 279.22(b) intro 374-2.3(c)(7) T

in good condition 112 279.22(b)(1) 374-2.3(c)(7)(i) T
not leaking 112 279.22(b)(2) 374- 2.3(c)(7)(ii) T

labels 112 279.22(c) intro 374-2.3(c)(8) T

containers and aboveground tanks must be clearly marked "Used Oil" 112 279.22(c)(1) 374-2.3(c)(8)(i) T q

fill pipes used to transfer used oil into underground storage tanks must be clearly marked "Used Oil" 112 279.22(c)(2) 374- 2.3(c)(8)(ii) T r

on detection of a release of

used oil to the environment that is not subject to Part 280, Subpart F, and which

has occurred after the 112, H 166 279.22(d) intro 374- 2.3(c)(9)(ii) T

374-2.3(c)(9)(i) T sSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 20 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE effective date of the recycled used oil management program in

effect in the State in which
the release is located, a generator must perform these cleanup steps: 374- 2.3(c)(9)(iii) T t

xv stop the release 112 279.22(d)(1) 374- 2.3(c)(9)(ii)(‘a’) T

contain the released used

oil 112 279.22(d)(2) 374- 2.3(c)(9)(ii)(‘b’) T

clean up and properly manage the released used

oil and other materials 112 279.22(d)(3) 374- 2.3(c)(9)(ii)(‘c’) T

repair or replace any leaking used oil storage containers or tanks prior to returning them to service 112, H 166 279.22(d)(4) 374- 2.3(c)(9)(ii)(‘d’) T

ON-SITE BURNING IN SPACE HEATERS

Ë

, xvi generators may burn used oil in used oil-fired space

heaters if: 112,122 279.23 intro 374-2.3(d) T

Ë

, the heater burns only used oil generated by the owner/operator or received

from household do-ityourself used oil generators 112,122 279.23(a) 374-2.3(d)(1) T

Ë

, the heater is designed to have a maximum capacity

<0.5 million Btu/hour 112,122 279.23(b) 374-2.3(d)(2) T

Ë

, the combustion gases are

vented to the ambient air 112,122 279.23(c) 374-2.3(d)(3) T u

OFF-SITE SHIPMENTS

except as provided in 279.24(a)-(c), generators

must ensure their used oil is transported only by transporters with EPA ID

numbers 112 279.24 intro 374-2.3(e) T v T vSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE generators, without an EPA ID number, may transport used oil generated at the generator's site and used oil

collected from household do-it-yourselfers to a used

oil collection center if: 112 279.24(a) intro 374-2.3(e)(1) T

the generator transports the

used oil in a vehicle owned by the generator or by an employee of the generator 112 279.24(a)(1) 374-2.3(e)(1)(i) T

<55 gallons is transported at any time 112 279.24(a)(2) 374- 2.3(e)(1)(ii) T

the used oil is transported

to a used oil collection center that is registered, licensed, permitted or recognized by a state/county/-municipal
government to manage

used oil 112 279.24(a)(3) 374- 2.3(e)(1)(iii) T

generators, without an EPA ID number, may transport used oil generated at the generator's site to an aggregation point if: 112 279.24(b) intro 374-2.3(e)(2) T

the generator transports the

used oil in a vehicle owned by the generator or by an employee of the generator 112 279.24(b)(1) 374-2.3(e)(2)(i) T

<55 gallons is transported at any time 112 279.24(b)(2) 374- 2.3(e)(2)(ii) T

the generator transports the used oil to an aggregation point owned and/or operated by the same
generator 112 279.24(b)(3) 374- 2.3(e)(2)(iii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE used oil generators may arrange for used oil to be transported by a transporter

without an EPA ID number

if the used oil is reclaimed

under a contractual agreement ("tolling arrangement") pursuant to

which the reclaimed oil is returned by the processor/re-refiner to the generator for use as a lubricant, cutting oil or coolant; what the tolling arrangement must indicate: 112 279.24(c) intro 374-2.3(e)(3) T

type of used oil and frequency of shipments 112 279.24(c)(1) 374-2.3(e)(3)(i) T

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 112 279.24(c)(2) 374- 2.3(e)(3)(ii) T

reclaimed oil will be returned to the generator 112 279.24(c)(3) 374- 2.3(e)(3)(iii) T

NA 374-2.3(f) T w

SUBPART D - STANDARDS FOR USED OIL COLLECTION CENTERS

AND AGGREGATION POINTS

DO-IT-YOURSELFER USED OIL COLLECTION CENTERS

section applies toowners/operators of do-ityourselfer (DIY) used oil collection centers; definition

of DIY used oil collection

center 112 279.30(a) 374-2.4(a)(1) T

owners/operators of DIY

used oil collection centers must comply with the generator standards in Subpart C of Part 279 112 279.30(b) 374-2.4(a)(2) T dp

USED OIL COLLECTION CENTERSSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 23 of 75 FEDERAL REQUIREMENTS CHECKLIST

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE section applies to owners/operators of used
oil collection centers;

definition of used oil
collection center; such centers may accept used oil

from household DIYs 112 279.31(a) 374-2.4(b)(1) T

owners/operators must: 112 279.31(b) intro 374-2.4(b)(2) T

comply with the generator standards in Subpart C of

Part 279 112 279.31(b)(1) 374-2.4(b)(2)(i) T x

be registered/licensed/permitte d/ recognized by a state/county/municipal
government to manage

used oil 112 279.31(b)(2) 374- 2.4(b)(2)(ii) T

USED OIL AGGREGATION POINTS OWNED BY THE GENERATOR

section applies to owners/operators of used oil aggregation points;

definition of used oil aggregation point; such points may accept oil from

household DIYs 112 279.32(a) 374-2.4(c)(1) T

owners/operators must comply with the generator standards in Subpart C of

Part 279 112 279.32(b) 374-2.4(c)(2) T dp

SUBPART E - STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES

APPLICABILITY

definition of used oil transporters; Subpart E of Part 279 applies to all used oil transporters except: 112 279.40(a) intro 374-2.5(a)(1) 360-14.1(b)(7) 360-14.1(b)(8) T y

on-site transportation 112 279.40(a)(1) 374-2.5(a)(1)(i) T
generators who transport <55 gallons from the generator to a used oil

collection cente r 112 279.40(a)(2) 374- 2.5(a)(1)(ii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE generators who transport <55 gallons from the generator to a used oil aggregation point owned or operated by the same
generator 112 279.40(a)(3) 374- 2.5(a)(1)(iii) T

those who transport used

oil from household do-ityourselfers to a regulated used oil generator,
collection center, aggregation point, processor/ re-refiner, or burner subject to Part 279; Subpart E of Part 279 applies to transportation of collected

household DIY used oil from regulated used oil generators, collection centers, aggregation points,

or other facilities where

household DIY used oil is

collected 112,122 279.40(a)(4) 374- 2.5(a)(1)(iv) T

No federal analog NA 374-2.5(a)(2) T z

transporters who import or export used oil are subject to Part 279, Subpart E

whenever the used oil is in

the United States 112 279.40(b) 374-2.5(a)(3) T

used oil transported in a truck previously used to transport hazardous waste must be managed as

hazardous waste unless the truck has been emptied, prior to transport, as

described in 261.7 or the

waste/oil mixture is determined under 279.10(b)

not to be hazardous waste 112 279.40(c) 374-2.5(a)(4) T

specific used oil transporters are subject to additional provisions of Part

279 as follows: 112 279.40(d) intro 374-2.5(a)(5) T aa T aaSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE transporters who generate used oil must also comply with Subpart C of Part 279 112 279.40(d)(1) 374-2.5(a)(5)(i) T

except as 279.41 provides, transporters who process or

re-refine used oil must also comply with Subpart F of

Part 279 112 279.40(d)(2) 374- 2.5(a)(5)(ii) T ab

transporters who burn offspecification used oil for energy recovery must also comply with Subpart G of

Part 279 112 279.40(d)(3) 374- 2.5(a)(5)(iii) T

xvii transporters must also comply with Subpart H of Part 279 if they directshipments of offspecification 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 used oil fuel specifications 112,122 279.40(d)(4) 374- 2.5(a)(5)(iv) T

transporters who dispose of used oil must also comply with Subpart I of Part 279 112 279.40(d)(5) 374- 2.5(a)(5)(v) T ac

RESTRICTIONS ON TRANSPORTERS WHO ARE NOT ALSO PROCESSORS OR RE-REFINERS

used oil transporters may consolidate or aggregate

loads of used oil for
transport; except as 279.41(b) provides, used oil
transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in Subpart F of Part 279 112 279.41(a) 374-2.5(b)(1) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE transporters may conduct processing operations incidental to transport, but not designed to produce used oil derived products, unless the transporter also complies with the processor/re-refiner requirements in Subpart F

of Part 279 112 279.41(b) 374-2.5(b)(2) T

H transporters of used oil removed from oil bearing

electrical transformers and turbines and filtered by transporter or at a transfer facility prior to being returned to its original use are not subject to the processor/re-refiner requirements in subpart F

of Part 279 130 279.41(c) 374-2.5(b)(3) T

NOTIFICATION

xviii used oil transporters who have not previously done so must comply with RCRA
' 3010 notification requirements and obtain an

EPA ID number 112,122 279.42(a) 374-2.5(c)(1) T

a used oil transporter

without an EPA ID number may obtain one by submitting either: 112 279.42(b) intro 374-2.5(c)(2) T

a completed EPA Form
8700-12; or 112,122 279.42(b)(1) 374-2.5(c)(2)(i) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

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IN SCOPE a letter requesting an EPA
ID number; what the letter

should include 112 279.42(b)(2) intro 374- 2.5(c)(2)(ii) T ad

279.42(b)(2)(i) 374- 2.5(c)(2)(ii)(‘a’) T

279.42(b)(2)(ii) 374- 2.5(c)(2)(ii)(‘b’) T

279.42(b)(2)(iii) 374- 2.5(c)(2)(ii)(‘c’) T

279.42(b)(2)(iv) 374- 2.5(c)(2)(ii)(‘d’) T

279.42(b)(2)(v) 374- 2.5(c)(2)(ii)(‘e’) T

279.42(b)(2)(vi) 374- 2.5(c)(2)(ii)(‘f’) T

279.42(b)(2)(vii) 374- 2.5(c)(2)(ii)(‘g’) T

USED OIL TRANSPORTATION

a used oil transporter must

deliver all used oil received

to: 112 279.43(a) intro 374-2.5(d)(1) T

another used oil transporter

with an EPA ID number 112 279.43(a)(1) 374-2.5(d)(1)(i)

374- 2.5(d)(1)(i)(‘a’) T af T ae

T af

a used oil processing/ re-refining facility with an

EPA ID number 112 279.43(a)(2) 374- 2.5(d)(1)(ii) T ag

an off-specification used oil burner facility with an EPA

ID number 112 279.43(a)(3) 374- 2.5(d)(1)(iii) T ah T ah

an on-specification used oil burner facility 112 279.43(a)(4) 374- 2.5(d)(1)(iv) T

used oil transporters must comply with all applicable requirements under DOT regulations in 49 CFR 171- 180; persons transporting

used oil that meets

definition of hazardous

material in 49 CFR 171.8 must comply with all applicable regulations in 49 CFR parts 171-180 112,122 279.43(b) 374-2.5(d)(2) T aiSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE used oil discharges 112 279.43(c) intro 374-2.5(d)(3) T aj

if there is a discharge during transport, the
transporter must immediately take appropriate action to protect

human health and the

environment 112 279.43(c)(1) 374-2.5(d)(3)(i) T ak

if an official appropriately

determines that the used oil

must be removed immediately to protect

human health and the

environment and authorizes the transport, transporters

without EPA ID numbers may remove used oil discharged during transport 112 279.43(c)(2) 374- 2.5(d)(3)(ii) T

an air, rail, highway or water transporter who has discharged used oil must: 112 279.43(c)(3) intro 374- 2.5(d)(3)(iii) T

xi x give notice, if required by 49 CFR 171.15, to the National Response Center 112 279.43(c)(3)(i) 374- 2.5(d)(3)(iii)(‘a’ ) T al

report in writing to the Director, Office of

Hazardous Materials Regulations, Materials Transportation Bureau, Dept. of Transportation 112 279.43(c)(3)(ii) 374- 2.5(d)(3)(iii)(‘b’ ) T

a water transporter who has discharged used oil must give notice as required by

33 CFR 153.203 112 279.43(c)(4) 374- 2.5(d)(3)(iv) T

x x a transporter must clean up any used oil discharged during transport or take action required or approved by government officials so that the used oil discharge no longer presents a hazard

to human health or the

environment 112 279.43(c)(5) 374- 2.5(d)(3)(v) T am

REBUTTABLE PRESUMPTION FOR USED OILSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE

xxi used oil transporter must

determine whether total halogen content of used oil transported or stored is above or below 1000 ppm 112 279.44(a) 374-2.5(e)(1) T

transporter must determine this by: 112 279.44(b) intro 374-2.5(e)(1) T

testing the used oil; or 112 279.44(b)(1) 374-2.5(e)(1)(i) T

applying knowledge of the halogen content of the used oil in light of the materials or processes used 112 279.44(b)(2) 374- 2.5(e)(1)(ii) T ap

No federal analog NA 374-2.5(e)(2) T an used oil containing >1000 ppm total halogens is presumed to be hazardous waste; presumption may be rebutted by demonstrating

that the used oil does not
contain hazardous waste; SW-846 example; where to

obtain SW-846 112,130 279.44(c) intro 374-2.5(e)(3)

374-2.5(e)(3)(i) T dt

T aq

rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins if processed, through a tolling agreement, to reclaim metalworking oils/fluids; presumption does apply to metalworking

oils/fluids if such oils/fluids are recycled in any other manner or disposed 112 279.44(c)(1) 374- 2.5(e)(3)(ii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

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IN SCOPE rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed from refrigeration

units if the CFCs are destined for reclamation; presumption applies to

used oils contaminated with

CFCs that have been mixed

with used oil from sources other than refrigeration

units 112 279.44(c)(2) 374- 2.5(e)(3)(iii) T

No federal analog NA 374-2.5(e)(4) T ao

transporter must maintain records of analyses or information used to comply with 279.44(a), (b) & (c) for at least 3 years 112 279.44(d) 374-2.5(e)(5) T ar T ar

USED OIL STORAGE AT TRANSFER FACILITIES

used oil transporters are also subject to applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112); transporters are subject to Underground Storage Tank (40 CFR Part 280) 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 subpart 112,122 279.45 intro 374-2.5(f) and

374- 2.5(f)(3)(i)(‘b’)

374-2.5(f)(3) (i), (ii), and (iii) T as

T at T as

xxii section applies to used oil transfer facilities; definition of used oil transfer facilities;

transfer facilities that store

used oil for more than 35 days subject to regulation under Subpart F of Part 279 112 279.45(a) 374-2.5(f)(1) T auSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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STRINGENT BROADER

IN SCOPE used oil may not be stored
in units other than tanks, containers, or units subject to regulation under Part 264

or 265 112 279.45(b) 374-2.5(f)(2) T av

containers and aboveground tanks must

be: 112 279.45(c) intro 374-2.5(f)(4) 374-2.5(f)(3)(i) T

T aw

in good condition 112 279.45(c)(1) 374-2.5(f)(4)(i) T
not leaking 112 279.45(c)(2) 374-2.5(f)(4)(ii) T

containers must have secondary containment
system 112 279.45(d) intro 374-2.5(f)(5) T

what secondary containment system must,
at a minimum, include 112 279.45(d)(1) intro 374-2.5(f)(5)(i) T

279.45(d)(1)(i) 374- 2.5(f)(5)(i)(‘a’) T

112,122 279.45(d)(1)(ii) 374- 2.5(f)(5)(i)(‘b’) T

122 279.45(d)(1)(iii) 374- 2.5(f)(5)(i)(‘c’) T

entire containment system must be sufficiently impervious to used oil to prevent release into system from migrating to soil, groundwater or surface

water 112 279.45(d)(2) 374-2.5(f)(5)(ii) T

existing aboveground tanks must have a secondary containment system 112 279.45(e) intro 374- 2.5(f)(3)(i)(‘a’) T

what the secondary containment system must,
at a minimum, include 112 279.45(e)(1) intro 374-2.5(f)(3)(i) (‘a’)(‘1’) T

279.45(e)(1)(i) 374-2.5(f)(3)(i) (‘a’)(‘1')(‘i’) T

279.45(e)(1)(ii) 374-2.5(f)(3)(i) (‘a’)(‘1')(‘ii’) T

279.45(e)(1)(iii) 374-2.5(f)(3)(i) (‘a’)(‘1')(‘iii’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE entire containment system must prevent used oil release into system from migrating to soil, groundwater or surface

water 112 279.45(e)(2) 374-2.5(f)(3)(i) (‘a’)(‘2’) T

new aboveground tanks storing used oil must have a secondary containment
system 112 279.45(f) intro 374- 2.5(f)(3)(i)(‘a’) T

what the secondary containment system must,
at a minimum, include 112 279.45(f)(1) intro 374-2.5(f)(3)(i) (‘a’)(‘1’) T

279.45(f)(1)(i) 374-2.5(f)(3)(i) (‘a’)(‘1')(‘i’) T

279.45(f)(1)(ii) 374-2.5(f)(3)(i) (‘a’)(‘1')(‘ii’) T

279.45(f)(1)(iii) 374-2.5(f)(3)(i) (‘a’)(‘1')(‘iii’) T

entire containment system must prevent oil release into system from migrating to soil, groundwater or

surface wate r 112 279.45(f)(2) 374-2.5(f)(3)(i) (‘a’)(‘2') T

labels 112 279.45(g) intro 374-2.5(f)(6) T

containers and aboveground tanks must be clearly marked "Used Oil" 112 279.45(g)(1) 374-2.5(f)(6)(i) T ax

fill pipes used to transfer used oil into underground storage tanks must be clearly marked "Used Oil" 112 279.45(g)(2) 374-2.5(f)(6)(ii) T ay

on detection of a release of

used oil to the environment that is not subject to 40 CFR 280, subpart F (UST systems), and which has

occurred after the effective date of the recycled used oil management program in

effect in the State in which
the release is located, the owner/operator must perform these cleanup
steps: 112, H 166 279.45(h) intro 374-2.5(f)(7)(ii) T

374-2.5(f)(7)(i) T s

374- 2.5(f)(7)(iii) T tSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE stop the release 112 279.45(h)(1) 374- 2.5(f)(7)(ii)(‘a’) T

contain the released used

oil 112, H 166 279.45(h)(2) 374- 2.5(f)(7)(ii)(‘b’) T

clean up and properly manage the released used

oil and other materials 112 279.45(h)(3) 374- 2.5(f)(7)(ii)(‘c’) T

repair or replace any leaking used oil storage

containers or tanks before returning them to service 112 279.45(h)(4) 374- 2.5(f)(7)(ii)(‘d’) T

No federal analog NA 374-2.5(f)(8) T az

TRACKING

xxiii used oil transporters must keep a record of each used oil shipment accepted for transport; what the records must include; exemption from signature requirements for

intermediate rail
transporters 112 279.46(a) intro 374-2.5(g)(1)

374- 2.5(g)(1)(vi) T ba

T bb T ba

T bb

279.46(a)(1) 374-2.5(g)(1)(i) T
279.46(a)(2) 374- 2.5(g)(1)(ii) T

279.46(a)(3) 374- 2.5(g)(1)(iii) T

279.46(a)(4) 374- 2.5(g)(1)(iv) T

112, H 130 279.46(a)(5)(i) 374- 2.5(g)(1)(v) T

H 130 279.46(a)(5)(ii) 374- 2.5(g)(1)(v) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE

xxiv used oil transporters must keep a record of each used oil shipment delivered to

another used oil transporter, burner, processor/re-refiner, or disposal facility; what the
records must include; exemption from signature requirements for

intermediate rail
transporters 112 279.46(b) intro 374-2.5(g)(2)

374- 2.5(g)(2)(vi) T ba

T bc T ba

T bc

279.46(b)(1) 374-2.5(g)(2)(i) T
279.46(b)(2) 374- 2.5(g)(2)(ii) T

279.46(b)(3) 374- 2.5(g)(2)(iii) T

279.46(b)(4) 374- 2.5(g)(2)(iv) T

112, H 130 279.46(b)(5)(i) 374- 2.5(g)(2)(v) T

H 130 279.46(b)(5)(ii) 374- 2.5(g)(2)(v) T

for each shipment exported to any foreign country, transporters must maintain

records described in 279.46(b)(1)-(4) 112 279.46(c) 374-2.5(g)(3) T bd

records described in 279.46(a), (b) & (c) must be

maintained for at least 3

years 112 279.46(d) 374-2.5(g)(4)

374-2.5(g)(4)(i) T

T be T be

MANAGEMENT OF RESIDUES

transporters who generate residues must manage the residues as specified in 279.10(e) 112 279.47 374-2.5(h) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE SUBPART F - STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS

APPLICABILITY

subpart applies to owners/operators of facilities that process used oil; definition of processing and specific inclusions;

exclusions: 112 279.50(a) intro 374-2.6(a)(1) T

transporters that conduct incidental processing operations occurring during

normal course of transportation as provided

in 279.41 112 279.50(a)(1) 374-2.6(a)(1)(i) T

burners that conduct incidental processing operations occurring during

normal course of used oil management prior to burning as provided in 279.61(b) 112 279.50(a)(2) 374- 2.6(a)(1)(ii) T

NA 374-2.6(a)(2) T bf

specific processors/ re-refiners who are subject to additional provisions of

Part 279: 112 279.50(b) intro 374-2.6(a)(3) T bg

processors/re-refiners who generate used oil must also comply with Subpart C of

Part 279 112 279.50(b)(1) 374-2.6(a)(3)(i) T

processors/re-refiners who transport used oil must also comply with Subpart E of

Part 279 112 279.50(b)(2) 374- 2.6(a)(3)(ii) T

except as 279.50(b)(3)(i)&(ii) provideotherwise, processors/rerefiners who burn offspecification used oil for energy recovery must also comply with Subpart G of Part 279; exceptions 112 279.50(b)(3) intro 374- 2.6(a)(3)(iii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

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STRINGENT MORE

STRINGENT BROADER

IN SCOPEused oil is burned in an onsite space heater meeting 279.23 requirements 112 279.50(b)(3)(i) 374-2.6(a)(3) (iii)(‘a’) T

used oil is burned for processing used oil, which

is considered incidental to used oil processing 112 279.50(b)(3)(ii) 374-2.6(a)(3) (iii)(‘b’) T

processors/re-refiners whodirect shipments of offspecification 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 of 279.11 must also comply with Subpart H of Part 279 112 279.50(b)(4) 374-2.6(a)(3) (iv) T

processors/re-refiners who dispose of used oil also must comply with Subpart I

of Part 279 112 279.50(b)(5) 374- 2.6(a)(3)(v) T bh

NOTIFICATION

processors/re-refiners who have not yet done so must comply with RCRA ' 3010 notification requirements

and obtain an EPA ID

number 112, 122 279.51(a) 374-2.6(b)(1) T

a processor/re-refiner

without an EPA ID number may obtain one by submitting either: 112 279.51(b) intro 374-2.6(b)(2) T bi

a completed EPA Form
8700-12; or 112 279.51(b)(1) 374-2.6(b)(2)(i) T

a letter requesting an EPA
ID number; what the letter

should include 112 279.51(b)(2) intro 374- 2.6(b)(2)(ii) T

279.51(b)(2)(i) 374- 2.6(b)(2)(ii)(‘a’) T

279.51(b)(2)(ii) 374- 2.6(b)(2)(ii)(‘b’) T

279.51(b)(2)(iii) 374- 2.6(b)(2)(ii)(‘c’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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STRINGENT BROADER

IN SCOPE 279.51(b)(2)(iv) 374- 2.6(b)(2)(ii)(‘d’) T

279.51(b)(2)(v) 374- 2.6(b)(2)(ii)(‘e’) T

279.51(b)(2)(vi) 374- 2.6(b)(2)(ii)(‘f’) T

GENERAL FACILITY STANDARDS

xxv owners/operators of usedoil processing and rerefining facilities must comply with the following preparedness and prevention requirements: 112 279.52(a) intro 374-2.6(c)(1) T bj

facilities must be maintained and operated to minimize the possibility of fire, explosion, or any unplanned release of used oil to air, soil or surface

water which could threaten

human health or the

environment 112 279.52(a)(1) 374-2.6(c)(1)(i) T

unless none of the hazards posed by the used oil handled at the facility could require the equipment specified in 279.52(a)(2)(i)- (iv), all facilities must be equipped with the following: 112 279.52(a)(2) intro 374- 2.6(c)(1)(ii) T

internal communications or alarm system capable of providing immediate emergency instruction to facility personnel 112 279.52(a)(2)(i) 374- 2.6(c)(1)(ii)(‘a’) T

device capable of summoning emergency

assistance 112 279.52(a)(2)(ii) 374- 2.6(c)(1)(ii)(‘b’) T

portable fire extinguishers, fire control equipment, spill control equipment and

decontamination equipment, and 112 279.52(a)(2)(iii) 374- 2.6(c)(1)(ii)(‘c’) T bkSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

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STRINGENT BROADER

IN SCOPE water at adequate volume and pressure to supply

water hose streams or foam producing equipment or automatic sprinklers or
water spray systems 112 279.52(a)(2)(iv) 374- 2.6(c)(1)(ii)(‘d’) T

all communications or alarm systems, fire protection equipment, spill control equipment and decontamination equipment

must be tested and maintained to assure proper operation in time of

emergency 112 279.52(a)(3) 374- 2.6(c)(1)(iii) T

access to communications or alarm system 112 279.52(a)(4) intro 374- 2.6(c)(1)(iv) T

all personnel involved in any handling operation

must have immediate

access to an internal alarm

or emergency communication device, unless device not required in 279.52(a)(2) 112 279.52(a)(4)(i) 374- 2.6(c)(1)(iv)(‘a’) T

if only one employee is present while the facility is operating, the employee

must have immediate access to a device capable of summoning external emergency assistance, unless not required in 279.52(a)(2) 112 279.52(a)(4)(ii) 374- 2.6(c)(1)(iv)(‘b’) T bl

owner/operator must maintain aisle space to

allow unobstructed movement of personnel and emergency equipment to any area of facility operation in an emergency, unless aisle space not needed for these purposes 112 279.52(a)(5) 374- 2.6(c)(1)(v) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE as appropriate, owner/operator must attempt to make arrangements with local

authorities 112 279.52(a)(6)(i)

intro 374- 2.6(c)(1)(vi)(‘a’) T

arrangements to familiarize police, fire departments, and emergency response teams with the facility's layout, 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 112 279.52(a)(6)(i)(A) 374- 2.6(c)(1)(vi)(‘a’) (‘1’) T

if more than one police and fire department might respond, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with others to provide support 112 279.52(a)(6)(i)(B) 374-2.6(c)(1) (vi)(‘a’)(‘2'’ T

agreements with State

emergency response teams, emergency response contractors, and equipment suppliers 112 279.52(a)(6)(i)(C) 374-2.6(c)(1) (vi)(‘a’)(‘3’) T

arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or

illnesses that could result from fires, explosions, or

releases 112 279.52(a)(6)(i)(D) 374-2.6(c)(1) (vi)(‘a’)(‘4’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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STRINGENT MORE

STRINGENT BROADER

IN SCOPE if State or local authorities

decline to enter into such
arrangements, owner/operator must

document the refusal in the operating record 112 279.52(a)(6)(ii) 374-2.6(c)(1) (vi)(‘b’) T

owners/operators of usedoil processing and rerefining facilities must comply with the following contingency plan and emergency procedure requirements 112 279.52(b) intro 374-2.6(c)(2) T bm

purpose and implementation of contingency plan 112 279.52(b)(1) intro 374-2.6(c)(2)(i) T

contingency plan required; plan must be designed to

minimize hazards to human

health or the environment from fire, explosion or any unplanned release to air, soil, or surface water 112 279.52(b)(1)(i) 374- 2.6(c)(2)(i)(‘a’) T

xxvi provisions of plan must be carried out immediately whenever fire, explosion or

release of used oil could

threaten human health or

the environment 112 279.52(b)(1)(ii) 374- 2.6(c)(2)(i)(‘b’) T bn

content of contingency plan 112 279.52(b)(2) intro 374- 2.6(c)(2)(ii) T

what the contingency plan

must describe 112 279.52(b)(2)(i) 374- 2.6(c)(2)(ii)(‘a’) T bo

if already prepared a Part 112 SPCC Plan, or other plan, owner/operator may amend existing plan to meet requirements of Part

279 112 279.52(b)(2)(ii) 374- 2.6(c)(2)(ii)(‘b’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

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STRINGENT MORE

STRINGENT BROADER

IN SCOPE plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response

teams to coordinate 279.52(a)(6) emergency

services 112 279.52(b)(2)(iii) 374- 2.6(c)(2)(ii)(‘c’) T

plan must list names, addresses and phone numbers for primary emergency coordinator and others qualified to act as emergency coordinator in specified order; list must be kept up to date 112 279.52(b)(2)(iv) 374- 2.6(c)(2)(ii)(‘d’) T

plan must include a list of required emergency equipment at the facility and location, physical description and brief outline of capabilities of each item; list must be kept up to date 112 279.52(b)(2)(v) 374- 2.6(c)(2)(ii)(‘e’) T

plan must include evacuation plan if possibly necessary; evacuation plan must describe signal(s) to begin evacuation,

evacuation routes and

alternative routes 112 279.52(b)(2)(vi) 374- 2.6(c)(2)(ii)(‘f’) T bp

contingency plan copy and

all revisions must be: 112 279.52(b)(3) intro 374- 2.6(c)(2)(iii) T

maintained at the facility 112 279.52(b)(3)(i) 374- 2.6(c)(2)(iii)(‘a’) T

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 112 279.52(b)(3)(ii) 374-2.6(c)(2) (iii)(‘b’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE contingency plan must be

reviewed and amended

whenever: 112 279.52(b)(4) intro 374- 2.6(c)(2)(iv) T

applicable regulations are

revised 112 279.52(b)(4)(i) 374- 2.6(c)(2)(iv)(‘a’) T

the plan fails in an

emergency 112 279.52(b)(4)(ii) 374- 2.6(c)(2)(iv)(‘b’) T

the facility changes in any way that materially increases the potential for fires, explosions, or releases of used oil, or changes the response necessary in an emergency 112 279.52(b)(4)(iii) 374- 2.6(c)(2)(iv)(‘c’) T

the list of emergency coordinators changes 112 279.52(b)(4)(iv) 374- 2.6(c)(2)(iv)(‘d’) T

the list of emergency equipment changes 112 279.52(b)(4)(v) 374- 2.6(c)(2)(iv)(‘e’) T

at all times, at least one employee responsible for coordinating all emergency
response measures must be at the facility or on call; knowledge and authority the emergency coordinator must have; guidance responsibilities spelled out in 279.52(b)(6) 112 279.52(b)(5) 374- 2.6(c)(2)(v) T

emergency procedures 112 279.52(b)(6) intro 374- 2.6(c)(2)(vi) T

if there is an imminent or actual emergency, the emergency coordinator or designee must immediately: 112 279.52(b)(6)(i)

intro 374- 2.6(c)(2)(vi)(‘a’) T

activate internal facility

alarms or communication
systems 112 279.52(b)(6)(i)(A) 374-2.6(c)(2) (vi)(‘a’)(‘1’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE notify State or local agencies with designated response roles if needed 112 279.52(b)(6)(i)(B) 374-2.6(c)(2) (vi)(‘a’)(‘2’) T

emergency coordinator must immediately identify
the character, exact source, amount, and real extent of any released materials; how the coordinator may do this 112 279.52(b)(6)(ii) 374-2.6(c)(2) (vi)(‘b’) T

concurrently, the emergency coordinator must assess possible

hazards to human health or
the environment; what the

assessment must consider 112 279.52(b)(6)(iii) 374-2.6(c)(2) (vi)(‘c’) T

if release, fire, or explosion

could threaten human
health or the environment, emergency coordinator must report findings 112 279.52(b)(6)(iv)

intro 374-2.6(c)(2) (vi)(‘d’) T

if evacuation may be advisable, emergency

coordinator must immediately notify local

authorities and be available to help them decide

whether to evacuate local

areas 112 279.52(b)(6)(iv)(A) 374-2.6(c)(2) (vi)(‘d’)(‘1') TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE emergency coordinator must immediately notify either the government official designated on-scene

coordinator or the National Response Center; what the report must include 112 279.52(b)(6)(iv)(B)

intro 374-2.6(c)(2) (vi)(‘d’)(‘2') T bq

279.52(b)(6)(iv)(B) ( 1 ) 374-2.6(c)(2) (vi)(‘d’)(‘2')(‘i’) T

279.52(b)(6)(iv)(B) ( 2 ) 374-2.6(c)(2) (vi)(‘d’)(‘2')(‘ii’) T

279.52(b)(6)(iv)(B) ( 3

) 374-2.6(c)(2) (vi)(‘d’)(‘2’)(‘iii’) T

279.52(b)(6)(iv)(B) ( 4

) 374-2.6(c)(2) (vi)(‘d’)(‘2')(‘iv’) T

279.52(b)(6)(iv)(B) ( 5

) 374-2.6(c)(2) (vi)(‘d’)(‘2')(‘v’) T

279.52(b)(6)(iv)(B) ( 6

) 374-2.6(c)(2) (vi)(‘d’)(‘2')(‘vi’) T

emergency coordinator

must take all reasonable

measures to ensure that fires, explosions and
releases do not occur, recur, or spread; what

measures must include 112 279.52(b)(6)(v) 374-2.6(c)(2) (vi)(‘e’) T

emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures if the facility stops operation because of a fire, explosion

or release 112 279.52(b)(6)(vi) 374-2.6(c)(2) (vi)(‘f’) T

emergency coordinator must provide for recycling, storing or disposing of any

material that results from a release, fire or explosion immediately after that event 112 279.52(b)(6)(vii) 374-2.6(c)(2) (vi)(‘g’) T

emergency coordinator

must ensure that: 112 279.52(b)(6)(viii)

intro 374- 2.6(c)(2)(vi)(‘h’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

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STRINGENT BROADER

IN SCOPE 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 112 279.52(b)(6)(viii)(A ) 374-2.6(c)(2) (vi)(‘h’)(‘1’) T

before operations resume, all emergency equipment is

cleaned and fit for intended

use 112 279.52(b)(6)(viii)(B ) 374-2.6(c)(2) (vi)(‘h’)(‘2’) T

before operations resume, owner/operator must notify Regional Administrator and

State and local officials that facility complies with 279.52(a) 112,122 279.52(b)(6)(viii)(C ) 374-2.6(c)(2) (vi)(‘h’)(‘3’) T

owner/operator must note in the operating record the time, date and details of any incident that requires implementing the contingency plan; must submit written report to Regional Administrator within 15 days; what the report must include 112 279.52(b)(6)(ix)

intro 374-2.6(c)(2) (vi)(‘i’) T br

279.52(b)(6)(ix)(A) 374-2.6(c)(2) (vi)(‘i’)(‘1’) T

279.52(b)(6)(ix)(B) 374-2.6(c)(2) (vi)(‘i’)(‘2’) T

279.52(b)(6)(ix)(C) 374-2.6(c)(2) (vi)(‘i’)(‘3’) T

279.52(b)(6)(ix)(D) 374-2.6(c)(2) (vi)(‘i’)(‘4’) T

279.52(b)(6)(ix)(E) 374-2.6(c)(2) (vi)(‘i’)(‘5’) T

279.52(b)(6)(ix)(F) 374-2.6(c)(2) (vi)(‘i’)(‘6’) T

279.52(b)(6)(ix)(G) 374-2.6(c)(2) (vi)(‘i’)(‘7’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE REBUTTABLE PRESUMPTION FOR USED OIL

owner/operator of a processing/re-refining facility must determine whether the total halogen

content of used oil managed at the facility

exceeds or is less than 1,000 ppm 112 279.53(a) 374-2.6(d)(1)

374-2.6(d)(1)(i) T bs

T bt

how the owner/operator

must make this

determination 112 279.53(b) intro 374-2.6(d)(1) T bu

279.53(b)(1) 374-2.6(d)(1) T bs

279.53(b)(2) NA T bv

if the used oil contains >1,000 ppm total halogens, it is presumed to be a
hazardous waste; how the owner/operator may rebut the presumption; SW-846 example; where to obtain

SW-846 112,130 279.53(c) intro 374-2.6(d)(2)

374-2.6(d)(2)(i) T dt

T bw

rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins if processed, through a tolling agreement, to reclaim metalworking oils/fluids; presumption does apply to metalworking

oils/fluids if such oils/fluids are recycled in any other manner, or disposed 112 279.53(c)(1) 374- 2.6(d)(2)(ii) T

rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed from refrigeration

units if the CFCs are destined for reclamation; presumption does apply to

CFC-contaminated used

oils mixed with used oil

from sources other than refrigeration units 112 279.53(c)(2) 374- 2.6(d)(2)(iii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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IN SCOPE No federal analog NA 374-2.6(d)(3) T bx

No federal analog NA 374-2.6(d)(4) T by

USED OIL MANAGEMENT

used oil processors/ re-refiners are also subject to applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112) and Underground Storage Tank (40 CFR Part 280) standards for used oil stored in underground tanks

whether or not the used oil exhibits any characteristics of a hazardous waste, in
addition to the Part 279, Subpart F, requirements 112,122 279.54 intro 374-2.6(e) T bz

374- 2.6(e)(2)(i)(‘b’) T ca

374- 2.6(e)(7)(iii) T cb

processors/re-refiners may

not store used oil in units
other than tanks, containers, or units subject to regulation under Part 264

or 265 112,122 279.54(a) 374-2.6(e)(1), (i), and (ii) T cc

No federal analog NA 374-2.6(e)(2) (i), (ii), & (iii) T at

containers and aboveground tanks must

be: 112 279.54(b) intro 374-2.6(e)(3) T

in good condition 112 279.54(b)(1) 374-2.6(e)(3)(i) T
not leaking 112 279.54(b)(2) 374- 2.6(e)(3)(ii) T

containers must have a secondary containment

s y stem 112 279.54(c) intro 374-2.6(e)(4) T

what the secondary containment system must,
at a minimum, include 112 279.54(c)(1) intro 374-2.6(e)(4)(i) T

279.54(c)(1)(i) 374- 2.6(e)(4)(i)(‘a’) T

112,122 279.54(c)(1)(ii) 374- 2.6(e)(4)(i)(‘b’) T

122 279.54(c)(1)(iii) 374- 2.6(e)(4)(i)(‘c’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE entire containment system must prevent used oil released into the system from migrating out of the system into soil, groundwater or surface

water 112 279.54(c)(2) 374- 2.6(e)(4)(ii) T

existing aboveground tanks used to store or process

used oil must have a secondary containment
system 112 279.54(d) intro 374- 2.6(e)(2)(i)(‘a’) T

what the secondary containment system must,
at a minimum, include 112 279.54(d)(1) intro 374-2.6(e)(2) (i)(‘a’)(‘1’) T

279.54(d)(1)(i) 374-2.6(e)(2) (i)(‘a’)(‘1')(‘i’) T

279.54(d)(1)(ii) 374-2.6(e)(2) (i)(‘a’)(‘1')(‘ii’) T

279.54(d)(1)(iii) 374-2.6(e)(2) (i)(‘a’)(‘1')(‘iii’) T

entire containment system must prevent used oil released into the system from migrating out of the system into soil, groundwater or surface

water 112 279.54(d)(2) 374-2.6(e)(2) (i)(‘a’)(‘2') T

new aboveground tanks used to store or process used oil must be equipped with a secondary

containment s y stem 112 279.54(e) intro 374- 2.6(e)(2)(i)(‘a’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 49 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE what the secondary containment system must,
at a minimum, include 112 279.54(e)(1) intro 374-2.6(e)(2) (i)(‘a’)(‘1’) T

279.54(e)(1)(i) 374-2.6(e)(2) (i)(‘a’)(‘1')(‘i’) T

279.54(e)(1)(ii) 374-2.6(e)(2) (i)(‘a’)(‘1')(‘ii’) T

279.54(e)(1)(iii) 374-2.6(e)(2) (i)(‘a’)(‘1')(‘iii’) T

entire containment system must prevent used oil released into the system from migrating out of the system into soil, groundwater or surface

water 112 279.54(e)(2) 374-2.6(e)(2) (i)(‘a’)(‘2’) T

labels 112 279.54(f) intro 374-2.6(e)(5) T

containers and aboveground tanks must be clearly marked "Used Oil" 112 279.54(f)(1) 374-2.6(e)(5)(i) T ax

fill pipes used to transfer used oil into underground storage tanks must be clearly marked "Used Oil" 112 279.54(f)(2) 374- 2.6(e)(5)(ii) T ay

on detection of a release of

used oil to the environment that is not subject to 40 CFR 280 subpart F and

which has occurred after

the effective date of the recycled used oil management program in

effect in the State in which
the release is located, the owner/operator must perform these cleanup
steps: 112, H 166 279.54(g) intro 374- 2.6(e)(6)(ii) T

374-2.6(e)(6)(i) T s

374- 2.6(e)(6)(iii) T t

stop the release 112 279.54(g)(1) 374- 2.6(e)(6)(ii)(‘a’) T

contain the released used

oil 112 279.54(g)(2) 374- 2.6(e)(6)(ii)(‘b’) T

clean up and properly manage released used oil

and other materials 112, H 166 279.54(g)(3) 374- 2.6(e)(6)(ii)(‘c’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE repair or replace leaking storage containers or tanks before returning them to

service 112 279.54(g)(4) 374- 2.6(e)(6)(ii)(‘d’) T

closure 112 279.54(h) intro 374-2.6(e)(7) T

at closure, owners/operators who store or process used oil in aboveground tanks must comply with these

re q uirements 112 279.54(h)(1) intro 374-2.6(e)(7)(i) T cd

owner/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 manage them as hazardous waste; exception 112 279.54(h)(1)(i) 374- 2.6(e)(7)(i)(‘a’) T ce

if owner/operator

demonstrates that not all

contaminated soils can be

removed or
decontaminated, closure and post-closure care as for

a hazardous waste landfill 112 279.54(h)(1)(ii) 374- 2.6(e)(7)(i)(‘b’) T

at closure, owners/operators who store

used oil in containers must comply with these requirements 112 279.54(h)(2) intro 374- 2.6(e)(7)(ii) T cf

containers of used oils or

used oil residues must be

removed from the site 112 279.54(h)(2)(i) 374- 2.6(e)(7)(ii)(‘a’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 51 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE owner/operator must

remove or decontaminate
used oil residues,

contaminated containment
system components, contaminated soils, and structures and equipment

contaminated with used oil and manage them as hazardous waste; exception 112 279.54(h)(2)(ii) 374- 2.6(e)(7)(ii)(‘b’) T

ANALYSIS PLAN

owners/operators of usedoil processing and rerefining facilities must develop and follow a written analysis plan describing procedures to be used to comply with analysis requirements of 279.53 and 279.72; plan must be kept at the facility 112 279.55 intro 374-2.6(f) T cg

for 279.53, what the plan must specify, at a minimum: 112 279.55(a) intro 374-2.6(f)(1) T ch

whether sample analyses or knowledge of the halogen

content will be used 112 279.55(a)(1) NA T ch

if sample analyses are to be

used: 112 279.55(a)(2) intro NA T ch

methods to be used to obtain representative samples 112 279.55(a)(2)(i) intro 374-2.6(f)(1)(i) T

279.55(a)(2)(i)(A) 374- 2.6(f)(1)(i)(‘a’) T

279.55(a)(2)(i)(B) 374- 2.6(f)(1)(i)(‘b’) T

frequency of sampling and whether analysis will be performed on-site or off-site 112 279.55(a)(2)(ii) 374- 2.6(f)(1)(ii) T

methods used to analyze for 279.53 parameters 112 279.55(a)(2)(iii) 374- 2.6(f)(1)(iii) T

type of information that will

be used to determine halogen content of the used

oil 112 279.55(a)(3) NA T chSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 52 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE if 279.72 on-specification used oil fuel requirements apply, at a minimum the plan must specify: 112 279.55(b) intro 374-2.6(f)(2)

374-2.6(f)(2)(i) T

T ci

whether sample analyses or

other information will be

used to make this

determination 112 279.55(b)(1) 374- 2.6(f)(2)(ii) T

if sample analyses are

used: 112 279.55(b)(2) intro 374- 2.6(f)(2)(iii) T

methods to be used to obtain representative samples 112 279.55(b)(2)(i) intro 374- 2.6(f)(2)(iii)(‘a’ ) T

279.55(b)(2)(i)(A) 374- 2.6(f)(2)(iii) (‘a’)(‘1’) T

279.55(b)(2)(i)(B) 374-2.6(f)(2) (iii)(‘a’)(‘2’) T

whether used oil will be sampled and analyzed

before or after processing/re-refining 112 279.55(b)(2)(ii) 374-2.6(f)(2) (iii)(‘b’) T

frequency of sampling and whether analysis will be performed on-site or off-site 112 279.55(b)(2)(iii) 374-2.6(f)(2) (iii)(‘c’) T

methods used to analyze

used oil for 279.72
parameters 112 279.55(b)(2)(iv) 374-2.6(f)(2) (iii)(‘d’) T

type of information that will

be used to make the onspecification used oil fuel

determination 112 279.55(b)(3) 374- 2.6(f)(2)(iv) T

No federal analog NA 374- 2.6(f)(2)(v) T cj

No federal analog NA 374-2.6(f)(3), (i), (ii), & (iii) T ckSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 53 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE TRACKING

processors/re-refiners must keep a record of each used oil shipment accepted for processing/re-refining; forms records may take;

what the records must include for each shipment: 112 279.56(a) intro 374-2.6(g)(1) T cl T cl

name and address of transporter who delivered

the used oil to the processor/re-refiner 112 279.56(a)(1) 374-2.6(g)(1) (i) T

name and address ofgenerator or processor/rerefiner from whom the used

oil was sent 112 279.56(a)(2) 374-2.6(g)(1) (ii) T

EPA ID number of
transporter 112 279.56(a)(3) 374- 2.6(g)(1)(iii) T

EPA ID number ofgenerator or processor/rerefiner 112 279.56(a)(4) 374- 2.6(g)(1)(iv) T

quantity of used oil accepted 112 279.56(a)(5) 374- 2.6(g)(1)(v) T

No federal analog NA 374- 2.6(g)(1)(vi) T cm

date of acceptance 112 279.56(a)(6) 374- 2.6(g)(1)(vii) T

processors/re-refiners must keep record of each shipment shipped to a usedoil burner, processor/rerefiner, or disposal facility; forms record may take;

what the records must include for each shipment: 112 279.56(b) intro 374-2.6(g)(2) T cn

name and address of transporter who delivers the
used oil to the burner, processor/re-refiner or disposal facility 112 279.56(b)(1) 374- 2.6(g)(2)(i) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 54 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE name and address of burner, processor/ re-refiner or disposal facility

who will receive the used oil 112 279.56(b)(2) 374- 2.6(g)(2)(ii) T

EPA ID number of
transporter 112 279.56(b)(3) 374- 2.6(g)(2)(iii) T

EPA ID number of burner, processor/ re-refiner or disposal facility 112 279.56(b)(4) 374- 2.6(g)(2)(iv) T

quantity of used oil shipped 112 279.56(b)(5) 374- 2.6(g)(2)(v) T

No federal analog NA 374- 2.6(g)(2)(vi) T cm

shipment date 112 279.56(b)(6) 374- 2.6(g)(2)(vii) T

records described in 279.56(a) and (b) must be

maintained for at least 3

years 112 279.56(c) 374-2.6(g)(3) T co

OPERATING RECORD AND REPORTING

operating record 112 279.57(a) intro 374-2.6(h)(1) T

owner/operator must keep a written operating record at the facility 112 279.57(a)(1) 374- 2.6(h)(1)(i)

374-2.6(h)(1) (i)(‘a’) and (‘b’) T

T cp

information must be

recorded as it becomes

available and maintained in the operating record until facility closure 112 279.57(a)(2) intro 374- 2.6(h)(1)(ii) T

records and results of used oil analyses described in 279.55 analysis plan 112 279.57(a)(2)(i) 374- 2.6(h)(1)(ii)(‘a’ ) T

xxvii summary reports and

details of all incidents that require implementation of the contingency plan of 279.52(b) 112 279.57(a)(2)(ii) 374- 2.6(h)(1)(ii)(‘b’ ) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 55 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE processor/re-refiner must send a letter by March 1 of each even-numbered year to the Regional

Administrator about used oil activities during the previous calendar year;

what the letter must include 112 279.57(b) intro 374-2.6(h)(2) T cq

279.57(b)(1) 374- 2.6(h)(2)(i) T cr

279.57(b)(2) 374- 2.6(h)(2)(ii) T

NA 374- 2.6(h)(2)(iii) T cs

279.57(b)(3) 374-2.6(h)(2) (iv), (‘a’), (‘b’), (‘c’) T ct T ct

NA 374-2.6(h)(2) (v), (vi), (vii), and (viii) T cu T cu

OFF-SITE SHIPMENTS OF USED OIL
processors/re-refiners who initiate shipments off-site

must use a used oil transporter with an EPA ID

number 112 279.58 374-2.6(i) T cv T cv

MANAGEMENT OF RESIDUES

xxviii residues from storage, processing, or re-refining must be managed as specified in 279.10(e) 112 279.59 374-2.6(j) T

SUBPART G - STANDARDS FOR USED OIL BURNERS WHO BURN OFF-SPECIFICATION USED OIL

FOR ENERGY RECOVERY

APPLICABILITY

Ë except as 279.60(a)(1)&(2) specify, Subpart G applies
to used oil burners;

definition of a used oil burner; exceptions: 112 279.60(a) intro 374-2.7(a)(1) T

Ë burned in an on-site space

heater under 279.23 provisions 112 279.60(a)(1) 374- 2.7(a)(1)(i) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 56 of 75 FEDERAL REQUIREMENTS CHECKLIST

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE Ë burned incidentally to processing by a processor/re-refiner 112 279.60(a)(2) 374- 2.7(a)(1)(ii) T

additional provisions apply to specific activities 112 279.60(b) intro 374-2.7(a)(2) T cw T cw

burners who generate used oil must also comply with Subpart C of Part 279 112,122 279.60(b)(1) 374- 2.7(a)(2)(i) T

burners who transport used oil must also comply with Subpart E of Part 279 112 279.60(b)(2) 374- 2.7(a)(2)(ii) T cx

except as 279.61(b) provides, burners who process or re-refine used oil must also comply with Subpart F of Part 279 112 279.60(b)(3) 374- 2.7(a)(2)(iii) T

burners must also comply with Subpart H of Part 279 if they direct shipments of off-specification used oil to

a used oil burner or first

claim that used oil meets used oil fuel specifications

of 279.11 112 279.60(b)(4) 374- 2.7(a)(2)(iv) T

burners who dispose of used oil must comply with Subpart I of Part 279 112 279.60(b)(5) 374- 2.7(a)(2)(v) T bh

Ë Subpart G does not apply to persons burning used oil

that meets the specification of 279.11, if
burner meets Part 279, Subpart H, requirements 112 279.60(c) 374-2.7(a)(3) T

RESTRICTIONS ON BURNING

Ë off-specification used oil fuel may be burned for energy recovery only in specific devices: 112 279.61(a) intro 374-2.7(b)(1) T

Ë industrial furnaces

identified in 260.10: 112 279.61(a)(1) 374- 2.7(b)(1)(i) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 57 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE Ë specific boilers 112 279.61(a)(2) intro 374- 2.7(b)(1)(ii) T

279.61(a)(2)(i) 374-2.7(b)(1) (ii)(‘a’) T

279.61(a)(2)(ii) 374- 2.7(b)(1)(ii)(‘b’) T

279.61(a)(2)(iii) 374- 2.7(b)(1)(ii)(‘c’) T cy

hazardous waste incinerators subject to Subpart O of Part 264 or

265 112 279.61(a)(3) 374- 2.7(b)(1)(iii) T

burners may not process used oil unless they also comply with Subpart F of

Part 279 112 279.61(b)(1) 374- 2.7(b)(2)(i) T

used oil burners may aggregate off-specification used oil with virgin oil or on-specification used oil for the purposes of burning but may not aggregate to produce on-specification

used oil 112 279.61(b)(2) 374- 2.7(b)(2)(ii) T

NOTIFICATION

Ë

, burners, who have not done so, must comply with

the notification requirements of RCRA
' 3010 and obtain an EPA

ID number 112,122 279.62(a) 374-2.7(c)(1) T

a used oil burner without an EPA ID number may obtain one by submitting: 112 279.62(b) intro 374-2.7(c)(2) T

completed EPA Form

8700-12 112 279.62(b)(1) 374-2.7(c)(2)(i) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE a letter requesting an EPA
ID number; what the letter

should include 112 279.62(b)(2) intro 374- 2.7(c)(2)(ii) T cz

279.62(b)(2)(i) 374- 2.7(c)(2)(ii)(‘a’) T

279.62(b)(2)(ii) 374- 2.7(c)(2)(ii)(‘b’) T

279.62(b)(2)(iii) 374- 2.7(c)(2)(ii)(‘c’) T

279.62(b)(2)(iv) 374- 2.7(c)(2)(ii)(‘d’) T

279.62(b)(2)(v) 374- 2.7(c)(2)(ii)(‘e’) T

279.62(b)(2)(vi) 374- 2.7(c)(2)(ii)(‘f’) T

NA 374-2.7(c)(3) T da

REBUTTABLE PRESUMPTION FOR USED OIL

Ë owner/operator of a burner facility must determine whether the total halogen

content of used oil managed at the facility

exceeds or is less than 1,000 ppm 112 279.63(a) 374-2.7(d)(1) T

Ë how the owner/operator

must make this

determination 112 279.63(b) intro 374-2.7(d)(2) T

279.63(b)(1) 374- 2.7(d)(2)(i) T

279.63(b)(2) 374- 2.7(d)(2)(ii) T

279.63(b)(3) 374- 2.7(d)(2)(iii) T

Ë

, xxix if the used oil contains >1,000 ppm total halogens, it is presumed to be a
hazardous waste; how the owner/operator may rebut the presumption; SW-846 example; where to obtain

SW-846 112,130 279.63(c) intro 374-2.7(d)(3)

374- 2.7(d)(3)(i) T dt

T aqSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE

xx x rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins if processed through a tolling arrangement to reclaim metalworking oils/fluids; presumption does apply to metalworking oils/fluids if

such oils/fluids are recycled in any other

manner or dis p osed 112 279.63(c)(1) 374- 2.7(d)(3)(ii) T

rebuttable presumption does not apply to used oils

contaminated with

chlorofluorocarbons (CFCs) removed from refrigeration units if the

CFCs are destined for reclamation; presumption does apply to used oils

contaminated with CFCs

that have been mixed with

used oil from sources other than refrigeration units 112 279.63(c)(2) 374- 2.7(d)(3)(iii) T

No federal analog NA 374-2.7(d)(4) T h

records described in 279.63(a), (b) and (c) must

be maintained for at least 3

years 112 279.63(d) 374-2.7(d)(5) T dbSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE USED OIL STORAGE

used oil burners are also subject to applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112); used oil burners are subject to Underground Storage Tank (40 CFR Part 280)

standards for used oil stored in underground
tanks, whether or not the used oil exhibits any

hazardous waste
characteristics, in addition to Subpart G requirements 112,122 279.64 intro 374-2.7(e)

and 374-2.7(e)(2) (i)(‘b’) T dc

used oil burners may not

store used oil in units other
than tanks, containers, or units subject to regulation

under Part 264 or 265 112 279.64(a) 374-2.7(e)(1)

374-2.7(e)(1) (i) & (ii) T

T o

No federal analog NA 374-2.7(e)(2) (i), (ii), & (iii) T at

containers and aboveground tanks must

be: 112 279.64(b) intro 374-2.7(e)(3) T

in good condition 112 279.64(b)(1) 374- 2.7(e)(3)(i) T

not leaking 112 279.64(b)(2) 374- 2.7(e)(3)(ii) T

storage containers must have a secondary containment system 112 279.64(c) intro 374-2.7(e)(4) T

what the secondary containment system must
include, at a minimum 112 279.64(c)(1) intro 374- 2.7(e)(4)(i) T

279.64(c)(1)(i) 374- 2.7(e)(4)(i)(‘a’) T

279.64(c)(1)(ii) 374- 2.7(e)(4)(i)(‘b’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE containment system must prevent used oil released into system from migrating out of system to soil, groundwater, or surface

water 112 279.64(c)(2) 374- 2.7(e)(4)(ii) T

existing aboveground

tanks must have a secondary containment 112 279.64(d) intro 374- 2.7(e)(2)(i)(‘a’) T

what the secondary containment system must

include at a minimum 112 279.64(d)(1) intro 374-2.7(e)(2) (i)(‘a’)(‘1’) T

279.64(d)(1)(i) 374-2.7(e)(2) (i)(‘a’)(‘1')(‘i’) T

279.64(d)(1)(ii) 374-2.7(e)(2) (i)(‘a’)(‘1')(‘ii’) T

279.64(d)(1)(iii) 374-2.7(e)(2) (i)(‘a’)(‘1')(‘iii’) T

entire containment system must be sufficiently impervious to used oil to prevent used oil released into system from migrating out of system to soil, groundwater, or surface

water 112 279.64(d)(2) 374-2.7(e)(2) (i)(‘a’)(‘2’) T

xxxi new aboveground tanks must have a secondary containment system 112 279.64(e) intro 374- 2.7(e)(2)(i)(‘a’) T

what the secondary containment system must

include at a minimum 112 279.64(e)(1) intro 374-2.7(e)(2) (i)(‘a’)(‘1') T

279.64(e)(1)(i) 374-2.7(e)(2) (i)(‘a’)(‘1')(‘i’) T

279.64(e)(1)(ii) 374-2.7(e)(2) (i)(‘a’)(‘1')(‘ii’) T

279.64(e)(1)(iii) 374-2.7(e)(2) (i)(‘a’)(‘1')(‘iii’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

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CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE entire containment system must be sufficiently impervious to used oil to prevent used oil released into system from migrating out of system to soil, groundwater, or surface

water 112 279.64(e)(2) 374-2.7(e)(2) (i)(‘a’)(‘2’') T

labels 112 279.64(f) intro 374-2.7(e)(7) T

containers and aboveground tanks must be clearly marked "Used

Oil" 112 279.64(f)(1) 374-2.7(e)(7)(i) T q

fill pipes used to transfer used oil into underground storage tanks must be clearly marked "Used Oil" 112 279.64(f)(2) 374- 2.7(e)(7)(ii) T r

No federal analog NA 374-2.7(e)(8)(i) T s upon detection of a release

of used oil to the

environment that is not subject to Part 280, Subpart F and which has

occurred after the effective date of the recycled used oil management program

in effect in the State in

which the release is
located, a burner must perform these cleanup
steps: 112, H 166 279.64(g) intro 374-2.7(e)(8) and (ii) T

stop the release 112 279.64(g)(1) 374- 2.7(e)(8)(ii)(‘a’) T

contain the released used

oil 112 279.64(g)(2) 374- 2.7(e)(8)(ii)(‘b’) T

clean up and properly manage the released used

oil and other materials 112 279.64(g)(3) 374- 2.7(e)(8)(ii)(‘c’) T

repair or replace any leaking oil storage

containers or tanks before returning them to service 112 279.64(g)(4) 374- 2.7(e)(8)(ii)(‘d’) T

No federal analog NA 374- 2.7(e)(8)(iii) T tSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 63 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE TRACKING

Ë burners must keep record of each shipment accepted; forms record may take; what the records for each shipment must

include: 112 279.65(a) intro 374-2.7(f)(1) T dd T dd

Ë name and address of transporter who delivered

used oil to burner 112 279.65(a)(1) 374-2.7(f)(1)(i) T

Ë name and address ofgenerator or processor/rerefiner from whom used oil

was sent 112 279.65(a)(2) 374-2.7(f)(1)(ii) T

Ë EPA ID number of the
transporter 112 279.65(a)(3) 374- 2.7(f)(1)(iii) T

Ë EPA ID number ofgenerator or processor/rerefine r 112 279.65(a)(4) 374- 2.7(f)(1)(iv) T

Ë quantity accepted 112 279.65(a)(5) 374-2.7(f)(1)(v) T

Ë date of acceptance 112 279.65(a)(6) 374- 2.7(f)(1)(vi) T

Ë records described in 279.65(a) must be

maintained for at least 3

years 112 279.65(b) 374-2.7(f)(2) T df

NOTICES

Ë before accepting the firstshipment of offspecification used oil fuel from a generator,
transporter, or processor/re-refiner, the burner must provide the
generator, transporter, orprocessor/re-refiner a onetime written and signed
notice; what the notice must certify 112 279.66(a) intro 374-2.7(g)(1) T

279.66(a)(1) 374-2.7(g)(1)(i) T dg

279.66(a)(2) 374- 2.7(g)(1)(ii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 64 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE Ë certification described in 279.66(a) must be maintained for 3 years

after burner last receivesshipment of offspecification oil from that

individual 112 279.66(b) 374-2.7(g)(2) T df

MANAGEMENT OF RESIDUES
residues from storage and burning must be managed as specified in 279.10(e) 112 279.67 374-2.7(h) T

SUBPART H - STANDARDS FOR USED OIL FUEL MARKETERS

APPLICABILITY

Ë this subpart applies to any person who: 112,122 279.70(a) intro 374-2.8(a)(1) T

Ë directs a shipment of offspecification used oil to a

used oil burner 112 279.70(a)(1) 374-2.8(a)(1)(i) T

Ë first claims that used oil

that is to be burned for energy recovery meets the specifications of 279.11 112 279.70(a)(2) 374- 2.8(a)(1)(ii) T

Ë

, xxxii

Ë

, persons who are not subject to Subpart H 112 279.70(b) intro 374-2.8(a)(2) T

279.70(b)(1) 374-2.8(a)(2)(i) T
279.70(b)(2) 374- 2.8(a)(2)(ii) T

any person subject to the requirements of Part 279 Subpart H must also comply with one of specified Part 279 Subparts 112 279.70(c) intro 374-2.8(a)(3) T

279.70(c)(1) 374-2.8(a)(3)(i) T
279.70(c)(2) 374- 2.8(a)(3)(ii) T

279.70(c)(3) 374- 2.8(a)(3)(iii) T

279.70(c)(4) 374- 2.8(a)(3)(iv) T

PROHIBITIONSSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 65 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE Ë used oil fuel marketer mayinitiate a shipment of offspecification used oil only

to a used oil burner who: 112 279.71 intro 374-2.8(b) T

Ë has an EPA ID number 112 279.71(a) 374-2.8(b)(1) T

Ë burns the used oil in an

industrial furnace or boiler identified in 279.61(a) 112 279.71(b) 374-2.8(b)(2) T

ON-SPECIFICATION USED OIL FUEL

Ë determination that used oil

meets 279.11 fuel specifications may be made by performing analyses or obtaining copies of analyses or other information documenting

that the used oil fuel meets those specifications 112,122 279.72(a) 374-2.8(c)(1) T

Ë generator, transporter, processor/re-refiner or

burner who first claims

used oil to be burned for
energy recovery meets 279.11 specifications must keep analyses or other information for 3 years 112 279.72(b) 374-2.8(c)(2) T dh

NOTIFICATION

Ë

, xxxiii a used oil fuel marketer, who has not previously done so, must comply with

RCRA ' 3010 notification requirements and obtain

an EPA ID number 112,122 279.73(a) 374-2.8(d)(1) T

a marketer without an EPA ID number may be obtain one by submitting either: 112 279.73(b) intro 374-2.8(d)(2) T

a completed EPA Form
8700-12; or 112 279.73(b)(1) 374-2.8(d)(2) (i) T

a letter requesting an EPA
ID number; what the letter

should include 112 279.73(b)(2) intro 374- 2.8(d)(2)(ii) T bi

279.73(b)(2)(i) 374- 2.8(d)(2)(ii)(‘a’) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 66 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE 279.73(b)(2)(ii) 374- 2.8(d)(2)(ii)(‘b’) T

279.73(b)(2)(iii) 374- 2.8(d)(2)(ii)(‘c’) T

279.73(b)(2)(iv) 374- 2.8(d)(2)(ii)(‘d’) T

279.73(b)(2)(v) 374- 2.8(d)(2)(ii)(‘e’) T

TRACKING

Ë marketer who directs ashipment of offspecification used oil to a burner must keep a record of each shipment; forms record may take; each

record must include: 112,122 279.74(a) intro 374-2.8(e)(1) T

Ë name and address of transporter who delivers

used oil to burner 112 279.74(a)(1) 374-2.8(e)(1)(i) T

Ë name and address of burner receiving used oil 112 279.74(a)(2) 374- 2.8(e)(1)(ii) T

Ë EPA ID number of
transporter 112 279.74(a)(3) 374- 2.8(e)(1)(iii) T

Ë EPA ID number of burner 112 279.74(a)(4) 374- 2 8(e)(1)(iv) T

Ë quantity shipped 112 279.74(a)(5) 374- 2.8(e)(1)(v) T

Ë shipment date 112 279.74(a)(6) 374- 2.8(e)(1)(vi) T

Ë

, generator, transporter, processor/re-refiner or

burner who first claims

used oil to be burned for
energy recovery meets 279.11 specifications must keep a record of each shipment; each record

must include: 112 279.74(b) intro 374-2.8(e)(2) T

Ë

, name and address of receiving facility 112 279.74(b)(1) 374-2.8(e)(2)(i) T

Ë

, quantity delivered 112 279.74(b)(2) 374- 2.8(e)(2)(ii) TSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 67 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE Ë

, date of shipment or delivery 112 279.74(b)(3) 374- 2.8(e)(2)(iii) T

Ë

, cross-reference to analysis

or other information used

to determine that the oil meets 279.72(a) specification 112 279.74(b)(4) 374- 2.8(e)(2)(iv) T

Ë records described in 279.74(a) and (b) must be

maintained for at least 3

years 112 279.74(c) 374-2.8(e)(3) T di

NOTICES

Ë before a used oil
generator, transporter, or processor/re-refiner directsthe first shipment of offspecification used oil fuel
to a burner, burner must provide a one-time written and signed notice; what the notice must certify 112 279.75(a) intro 374-2.8(f)(1) T

279.75(a)(1) 374-2.8(f)(1)(i) T dj

279.75(a)(2) 374-2.8(f)(1)(ii) T

Ë 279.75 certification must be maintained for 3 years

from the date of the lastshipment of offspecification used oil to the

burne r 112 279.75(b) 374-2.8(f)(2) T dk

SUBPART I - STANDARDS FOR USE AS A DUST SUPPRESSANT AND DISPOSAL OF USED OIL

APPLICABILITY

Subpart I applies to all

used oils that cannot be recycled and are being disposed 112 279.80 374-2.9(a)

374-2.9(a)(1) T dl

T dq T dq

DISPOSALSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 68 of 75 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIVALENT LESS

STRINGENT MORE

STRINGENT BROADER

IN SCOPE used oils that are

hazardous waste and cannot be recycled must be managed in accordance
with Parts 260-266, 268,

270 and 124 112 279.81(a) 374-2.9(b)(1) T dl

used oils that are not

hazardous wastes and cannot be recycled must be disposed in accordance

with Parts 257 and 258 112 279.81(b) 374-2.9(b)(2) T dl

USE AS A DUST SUPPRESSANT

use of used oil as a dust suppressant is prohibited; exception 112 279.82(a) 374-2.9(c) T dm

a State may petition EPA

to allow the use of used oil meeting specific requirements as a dust suppressant; what State must show; program must minimize impact on the

environment 112 279.82(b) NA T dm

list of States (reserved) 112 279.82(c) NA T dm

a Part 364 and Subpart 360-14 have permitting requirements. b Burning and marketing standards were not relocated. They, instead, remain at Subpart 374-2. Other former 40 CFR 266 used oil requirements that remain in 374-2 are: 266.41(b)(2)(iii) and 266.44(a), at 374-2.3(d) 266.40(b), at 374-2.1(a)(20) 266.40(e), at 374-2.2(b)(1). c 280.12 terms are either not used in State used oil regulations, already defined in parts 370 or 371, explained within the text of 374-2, or separately defined in 374-2. Several terms defined in 40 CFR 280 are not consistent with the same terms as defined in 370, 371, or 374-2. Other terms, defined only in 40 CFR 280, are not consistent with their usage in 374-2. Those definitions, in general, are too narrow compared to their usage. The following is a summary of 40 CFR 280 defined terms that appear in 374-2. A Beneath the surface of the ground @ - Appears self-explanatory, based upon the common dictionary meaning of the words in this

term.

A Compatible @ - The word incompatible appears just once in 374-2, and is used differently than the term

A compatible @ is defined in the UST regulations. The 40 CFR 280 definition is limited to conditions within an UST system, while the use of the word in 374-2 is in relation to spill clean-ups at processing or re-refining

facilities.

A Maintenance @ - This word is used more broadly in 374-2 than the 40 CFR 280 definition allows. The ordinary dictionary definition should be sufficient.SPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 69 of 75 A Operator @ - The term is defined in Part 370.

A Owner @ - The term is defined in Part 370.

A Person @ - The term is defined in Part 370.

A Pipe @ or A piping @ - These terms are used 11 times in 374-2 and are not otherwise defined except in 40 CFR 280. In the American Heritage Dictionary of the English Language (1981), the first definition for A pipe @ is A a. Any hollow cylinder or tubular conveyance for a fluid or gas. @ and A b. A section or piece of such a tube. @ This common dictionary definition is close enough to the 40 CFR 280 definition to be considered equivalent. Within the context of the regulatory provisions, the usage of the word A pipe @ in 374-2 is confined to the first dictionary definition.

A Release @ - This term is used 58 times in 374-2, and is not otherwise defined, except in 40 CFR 280.
However, the definition for A release @ in the UST regulations is more restrictive than the usage of that term in 374-2. The 40 CFR 280 definition is confined only to spills, leaks, discharges, etc., from underground storage tanks. Release, as used in 374-2, however, refers to used oil spills emanating from any source. Therefore the ordinary dictionary definition for A release @ is more suitable than the 40 CFR 280 definition.

A Repair @ - This term is used 4 times in 374-2, and is not otherwise defined, other than in 40 CFR 280. The regulatory definition, however, is restricted to the repair of USTs and UST systems. As used in 374-2, the word is in reference to actions performed on containers and aboveground tanks, in addition to underground tanks. Therefore, the ordinary dictionary definition of this word is more suitable than the 40 CFR regulatory

definition.

A Surface impoundment @ - The term is defined slightly differently in Part 370.

A Tank @ - The term is defined in Subpart 374-2.

A Underground area @ - The term is used once in Subpart 374-2, at 374-2.1(a)(19), but it is explained in the body of the regulation, and is consistent with the 40 CFR 280 definition.

A Underground storage tank @ - Subpart 374-2 has its own definition for A underground used oil tank @ , which

differs from the 40 CFR 280 definition so as to be consistent with the definition for A underground tank @ in the state’s Petroleum Bulk Storage regulations, at 6 NYCRR 612.1(c)(29). This is necessary because the state’s used oil regulations subjects all used oil tanks, aboveground and underground, to Petroleum Bulk Storage standards. Where state used oil regulatory requirements apply to tanks meeting the federal 40 CFR 280 and 279 criteria for an underground tank, or the 40 CFR 279 definition for an aboveground tank, appropriate language is used in the body of the regulations to include the universe of tanks within the federal definition. For example, 374-2.5(f)(3)(i)(‘b’) states that A 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 280 ... @

All other terms defined in 40 CFR 280 are not used in 374-2. d Used oil transfer facility definition includes a reference to Part 360 permitting requirements. e Includes references to items that are more stringent, including Petroleum Bulk Storage requirements, broader in scope, such as Part 360 (solid waste management facility) and Part 364 (waste hauling) permitting, and items that are both broader in scope and more stringent, such as Air regulation management and permitting requirements. f Lab analysis must be certified by Environmental Laboratory Approval Program (ELAP). g 6 NYCRR Part 225 includes more stringent management standards and references Part 201 permitting requirements. h NY regulates used oil containing greater than 50 ppm of PCBs as a hazardous waste. i Table 1 includes specification level for PCB’s. j Footnote 2 states that used oil with more than 50 ppm PCBs is a hazardous waste, unless the oil was derived from small capacitors. It also states the applicable hazardous waste regulations oil with greater than 50 ppm PCBs is subjected to. k Storage in pits, ponds and lagoons also prohibited. All storage in surface impoundments, including those subject to regulation under 40 CFR 264 and 265, is prohibited. l Land application and direct disposal on land is also prohibited. NY will not petition EPA for authorization to use used oil as a dust suppressant, and the state is not listed at 40 CFR 279.82(c).SPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 70 of 75 m Recyclable used oil must not be disposed by means of absorbents. n Using used oil as a dust suppressant is a violation of 374-2.9(c). o Storage must also be in compliance with local and state fire and building codes , including NFPA-30. p Aboveground and underground tanks must comply with Petroleum Bulk Storage standards, 6 NYCRR Parts 612, 613, and 614, including more stringent installation, closure, inspection and repair standards, and registration requirements. Aboveground tanks meeting the 40 CFR 280 definition of an underground tank must also be in compliance with the Federal UST regulations. Tanks at licensed Part 610 facilities do not require registration under Part 612. q Aboveground tanks must also be labeled with their design and working capacities. r Fill pipes for underground tanks must also include the tank capacity on the label. s Spills are also subject to Article 12 of the Navigation Law, their implementing regulations, and to related provisions in the Environmental Conservation Law and the PBS regulations. t Notification to the Department by calling the Spill Hotline within 2 hours of detecting a spill is required. u Clarifies original intent of EPA - venting to outdoors; see 50 FR 49194 (11/29/85). v Generators must also ensure that applicable transporters are permitted under 6 NYCRR Part 364. w Details requirements for accepting used oil from DIYs at service and retail establishments. They are broader in scope because there are no analogous requirements in the Federal used oil regulations. x Used oil collection centers must comply with transfer facility standards. y Subpart 360-14 involves facility permitting, while Part 364 involves transporter permitting. Transfer facilities qualifying for the exemption from permitting of either 360-14.1(b)(7) or 360-14.1(b)(8) must comply with the federal transfer facility standards of 40 CFR 279, Subpart E instead of the state standards of 374-

2.5. z Transfer facilities located at facilities regulated under Part 373 must be in compliance with 360- 14.1(a)(4),which includes permitting. aa Transfer facilities are subjected to Part 360 permitting, unless exempt, and they must be in compliance with the general facility standards that processing and re-refining facilities are subjected to. ab Transporters who process used oil are subject to Part 360 permitting. ac NY does not allow the use of used oil as a dust suppressant. ad Based upon the Federal Register Preamble, at 57 FR 41589, the EPA did not intend that the contents of the letter requesting an ID number be permissive. ae The transporter the used oil is delivered to must be permitted under Part 364,and must have an EPA ID number. Transporter’s facility must be permitted under Part 360, unless exempt. af Transfer facility owners or operators must ensure that deliveries of used oil to their facilities are performed only by Part 364 permitted transporters with EPA identification numbers. ag Processing/re-refining facilities receiving used oil from transporters must be permitted under Part 360 as well as having an EPA identification number. ah Off-specification used oil burners receiving used oil from a transporter must be authorized under Subpart 225-2 and must have an EPA ID number. This may require Part 201 permitting. ai In addition to DOT requirements, used oil transporters must also comply with Part 364 permitting requirements. aj Used oil releases are also subject to overlapping Article 12, Navigation Law requirements (the corresponding 40 CFR 279 provision should have mentioned applicability of 40 CFR 300). ak In a transportation related discharge of used oil, the transporter must notify the Department in accordance

with 6 NYCRR 613.8. al Spill notification requirements also include contacting the Department within 2 hours of detection via the Spill Response Hotline number. am References the clean-up standards of Article 12 of the Navigation Law. an Owners and operators of used oil transfer facilities must test all incoming loads of used oil for total halogen content, in accordance with a written quality control plan. ao Used oil containing 50 ppm or more of PCBs is a hazardous waste, unless the PCBs were derived solely from small capacitors.SPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 71 of 75 ap Not applicable to used oil transfer facilities, which must comply instead with 374-2.5(e)(2), see note aj. aq Analyses to rebut the presumption must be conducted by labs certified by the Environmental Laboratory Approval Program (ELAP). ar Transfer facilities subject to Part 360 permitting must retain records for 7 years. Records pertaining to PCB content are included, when applicable.

as Due to the different definition for A underground tank @ in state regulations, it is necessary to cite 374- 2.5(f)(3)(i)(‘b’) together with 374-2.5(f) for full equivalency with 279.45. Compliance with Subpart 360-14 may require permitting, unless exempt. at Above and underground tanks must be in compliance with Petroleum Bulk Storage standards of 6 NYCRR Parts 612 - 614, including more stringent registration, installation, closure, inspection, and repair requirements. However, tanks licensed under Part 610 do not need to be registered. au Transfer facilities subject to permitting requirements of 360-14, unless exempt. av Storage units must also comply with local building and fire codes and with the State Fire and Building Code, including NFPA-30. aw Aboveground and underground tanks must be in compliance with Petroleum Bulk Storage requirements, including monthly inspection requirements of 6 NYCRR 613.6(a) and requirements for repairing deficient tank equipment, at 613.6(d). ax Aboveground tanks must also be labeled or marked with their design and working capacities. ay Fill pipes for underground tanks must also be labeled with the tank’s capacity. az Transfer facilities are subject to closure requirements. ba Transfer facilities subject to Part 360 permitting also must maintain copies of invoices. bb By 374-2.5(g)(1)(vi), the records must indicate whether the used oil is on or off-specification, and if it is on-specification, records must indicate the method employed to determine it as such. Applies to facilities subject to Part 360 permitting. bc By 374-2.5(g)(2)(vi), the records must indicate whether the used oil is on or off-specification, and if it is on-specification, records must indicate the method employed to determine it as such. Applies to facilities subject to Part 360 permitting. bd Transfer facilities subject to Part 360 permitting must include on their export records whether the used oil is on or off-specification, and if it is on-specification, records must indicate the method employed to

determine it as such be Transfer facilities subject to Part 360 permitting must maintain the records for seven years. bf 374-2.6(a)(2) has no Federal analog, concerning used oil processing at facilities that are also permitted hazardous waste facilities. States conditions where they will be subject to Part 360 permitting. bg Used oil processors/re-refiners are subject to Part 360 permitting. bh Used oil can not be used as a dust suppressant in New York. bi Based upon the Federal Register Preamble to the used oil regulations, at 57 FR 41589, the EPA did not intend that the contents of the letter requesting an ID number be permissive. bj Used oil collection centers and transfer facilities are also subject to these requirements.

bk 

### 374-2.6(c)(1) (ii)(‘c’) lists several additional items of personnel safety equipment. bl The emergency summoning device is always required. bm Used oil collection centers and transfer facilities are also subject to these requirements; the contingency plan permit application requirements of 360-1.9(h) are applicable to processors, re-refiners, collection centers, and transfer facilities. bn Responsibility for carrying out the contingency plan in an emergency is given to the facility operator. bo Contingency plan must also include actions to be taken if facility is shut down for more than 24 hours. bp Evacuation plans are always required. bq Emergency coordinator must also notify the department’s Spill Hotline if spill has occurred. br A written report must also be submitted to the Regional Director of the Department. bs Total halogen determination must be made upon each incoming load by a sampling method in accordance with Appendix 19, and tested in accordance with SW-846.SPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 72 of 75 bt If the samples are not tested at an acceptable laboratory, then 5% of tests must be split sampled and tested at a laboratory acceptable to the department. bu Halogen determination must be performed upon every load of used oil arriving at the re-refining or processing facility. bv Reliance upon generator knowledge is not allowed in making halogen determinations at re-refining or processing facilities. bw Rebuttable presumption analyses must be performed by ELAP certified labs. bx If facility owner or operator does not rebut the presumption, the load must be rejected and the department Regional Solid & Hazardous Materials engineer must be notified. by Used oil containing 50 ppm or greater of PCBs is a hazardous waste, unless the PCBs were derived solely from small capacitors. bz Processors/re-refiners are also subject to the permitting requirements of Subpart 360-14.

ca Due to the different definition for A underground tank @ in state regulations, it is necessary to cite 374- 2.6(e)(2)(i)(‘b’) together with 374-2.6(e) for full equivalency with 279.54. cb In addition to compliance with closure requirements of 40 CFR 280, owners and operators of underground tanks must comply with the closure requirements of 6 NYCRR 613.9. cc Used oil storage units must also be in compliance with local fire and building codes and with the NYS Uniform Fire Prevention and Building Code. cd Closure of aboveground tanks must commence within 180 days after storage or processing has ceased. ce Closure of aboveground tanks must also be in conformance to section 613.9 of the Petroleum Bulk Storage regulations. cf Compliance with closure requirements must commence within 180 days after storage in containers has

ceased. cg Any changes to the used oil quality control plan must be approved by the department. ch The plan must describe how all incoming loads of used oil will be tested for total halogen content. Reliance upon generator knowledge of the halogen content is not acceptable. ci The plan must include a detailed flow diagram which indicates where on and off-specification used oils are

handled. cj The plan must include a description of precautions taken to prevent contamination of on-specification used

oil stored on-site. ck The plan must include a description of procedures to be employed if a load of used oil transported to the facility is suspected or determined to be a hazardous waste. cl Processors/re-refiners must ensure and confirm that transporters are permitted under Part 364. The requirement that processors/re-refiners must keep copies of invoices is more stringent than the analogous Federal provision because the Federal requirement allows for other types of records besides

invoices. cm Acceptance and delivery records must indicate whether the used oil is on or off-specification and, if the oil is on-specification, the records must indicate the method employed in performing this determination. cn The requirement that processors/re-refiners must keep copies of invoices is more stringent than the analogous Federal provision because the Federal requirement allows for other types of records besides

invoices. co The records must be maintained for 7 years. cp The operating record must also include the facility’s used oil tracking records, and that inspection records must be kept for 7 years. cq New York requires an annual report instead of a biennial letter, which must be sent to the department’s Central Office and Regional Office. cr The report must also include the facility’s contact person, phone number, and location. cs The report must also include a list of each storage tank and its capacity. ct The report must also include a monthly summary of all incoming and outgoing loads, including names, addresses, and EPA ID numbers of originating and receiving facilities, and a summary of the type of used oil accepted. If received from numerous facilities from one load, the transporter’s name, Part 364 permitSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 73 of 75 number, and EPA ID number can be used instead. cu The report must also include results of chemical analyses, descriptions of spills or emergencies, list of rejected loads, and a description of operational changes. Rejected load list must include transporter’s Part 364 permit number. cv The transporter must also be permitted under Part 364, unless exempt. cw Used oil burners are also subject to Air Quality regulations of Parts 201 and 225, including Part 201 permitting requirements. cx Burners who transport used oil are subject to Part 364, if applicable, including permitting requirements. cy 374-2.7(b)(1)(ii)(‘c’)(‘3') clarifies original intent of EPA, i.e., venting to outside ambient air - see 50 FR 49194 (11/29/85). cz Based upon the Federal Register Preamble for 40 CFR 279, 57 FR 41589 (09/10/92), the requirements stating what the contents of the letter that requests an EPA identification number were not intended to be permissive. da Notification must be provided to the department Regional Headquarters in the Region where the burner facility is located. db Records include those concerning PCB content.

dc Due to the different definition for A underground tank @ in state regulations, it is necessary to cite 374- 2.7(e)(2)(i)( > b’) together with 374-2.7(e) for full equivalency with 279.45. dd Burners must ensure and confirm that the transporters they use are permitted under Part 364. de Analyses for specification determination must be performed by ELAP certified labs. df Records must be kept for 7 years. dg The burner must also notify the department’s Regional office. dh A marketer of on-specification used oil must keep records of the analysis or other information for seven

years. di The delivery records must be maintained by the marketer for seven years. dj Notification must be given to the state DEC in addition to the EPA. dk The certification must be maintained for seven years. dl Burning for energy recovery is considered a form of disposal in New York. However, 374-2.9 is not applicable if off-specification used oil is burned for energy recovery in accordance with 374-2.7 and the Air regulations. dm The use of used oil as a dust suppressant is prohibited in New York. dn DEC has chosen to be broader in scope by not adopting this exclusion.

do A Used oil collection centers @ are subject to more stringent transfer facility standards. dp Includes all state-based generator requirements that are more stringent than the analogous Federal requirements. dq Part 201 includes broader in scope permitting requirements. Part 225 includes more stringent management standards. dr The exemption applies only if the used oil is used in normal farming operations. Land application or land disposal is not considered a normal farming operation. ds Definition clarified by including re-refining as well as processing. dt The exemption from hazardous waste regulation for used oil-CESQG hazardous waste mixtures is included as another example of rebutting the presumption.

i. These changes correct an error in the May 20, 1992 final rule (57 FR 21534, Revision Checklist 104) by redesignating the subparagraphs sequentially. The exclusion for non-terne plated used oil filters was addedSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 74 of 75 by the May 20, 1992 rule as subparagraph (b)(15) of ' 261.4 even though EPA had not yet promulgated subparagraphs (b)(13) or (b)(14).

ii. Note that the July 1, 1992 final rule (57 FR 29220; Revision Checklist 107) also affected the code previously designated as 261.4(b)(15) and now designated as 261.4(b)(13).

iii. These provisions were modified because of the May 6, 1998 final rule (63 FR 24963; Revision Checklist 166). However, the May 6, 1998 changes were subsequently withdrawn and the regulatory text that existed prior to the May 6, 1998 direct final rule was reinstated by the July 14, 1998 rule (63 FR 37780, Revision Checklist 166). Although the July 14, 1998 rule is not included in RCRA Cluster VIII, in order to provide the correct revisions this Special Consolidated Checklist includes the July 14, 1998 recommended revisions. Note that the July 14, 1998 rule did retain the May 6, 1998 change to 279.10(i), which replaced A 40 CFR Part

279 @ with A this part @

. iv. Revision Checklist 112 redesignated previous provisions (a)(3)(iv)-(viii) as (a)(3)(iii)-(vii). Revision Checklist 135 removed the text at (a)(3)(v) and redesignated (a)(3)(vi) and (vii) as (a)(3)(v) and (vi). Revision Checklist 142 B removed the text at (a)(3)(ii) and redesignated (a)(3)(iii) and (iv) as (a)(3)(ii) and (iii). It also redesignated (a)(3)(v) and (vi) as (a)(3)(iv) and (v). Revision Checklist 169 removed the text at (a)(3)(v).

v. The May 3, 1993 final rule inadvertently removes a correction made by the August 25, 1992 Federal Register (57 FR 38558, Revision Checklist 111). The August 25, 1992 rule changed "subparts C, D, F, or G" to "subparts C, F, G, or H"; the May 3, 1993 rule lists the old version of these internal references. The correct reference is as shown in the August 25, 1992 rule. States may not want to make this change.

vi. Revision Checklist 182 (64 FR 52828; September 30, 1999) redesignated old 266.100(b) as 266.100(c) and added a new 266.100(b).

vii. This definition may be changed in the future by EPA to better explain what is meant by a "used oil processor/re-refiner."

viii. There are two typographical errors in this paragraph in the May 3, 1993 Federal Register. The heading "Characteristic hazardous waste" should be in italics, as it appeared in the September 10, 1992 final rule (57 FR 41566, Revision Checklist 112). The phrase "hazardous waste characteristic" should be "hazardous waste characteristics" to reflect the possibility of more than one characteristic.

ix. The May 3, 1993, final rule (58 FR 26420; Revision Checklist 122) replaced the original 279.10(c) added by Revision Checklist 112 (September 10, 1992; 57 FR 41566) with a new paragraph introducing several new subparagraphs.

x. Subparagraphs 279.10(e)(4)(i)&(ii) were added by Revision Checklist 112 and were subsequently removed by Revision Checklist 122.

xi. The March 4, 1994 final rule (59 FR 10550; Revision Checklist 130) replaced the original 279.10(g) added by Revision Checklist 112 (September 10, 1992; 57 FR 41566) with a new paragraph introducing several new subparagraphs.

xii. There is an error in the Federal Register for Revision Checklist 122 (May 3, 1993; 58 FR 26420); according
to EPA, "who market" should be "who market or burn."

xiii. States are not required to adopt notes, but a State may want to include an analog to this note for clarity.

xiv. The March 4, 1994 final rule (59 FR 10550; Revision Checklist 130) revised and redesignated the original 279.20(b)(2) added by Revision Checklist 112 (September 10, 1992; 57 FR 41566) as 279.20(b)(2)(i) and introduced a new subparagraph 279.20(b)(2)(ii).

xv. These provisions, although reprinted in Revision Checklist 166 (63 FR 24963; May 6, 1998), were not changed by Revision Checklist 166.

xvi. As introduced into the code by Revision Checklist 112, these paragraphs were numbered 279.23(a) andSPECIAL CONSOLIDATED CHECKLIST: Re cycled Used Oil Management Standards
as of June 30, 200 2 (cont'd)

Page 75 of 75 (a)(1)-(3); 279.23(b) was reserved. Checklist 122 preserved the original wording and order of these paragraphs, but redesignated them as 279.23 and 279.23(a)-(c).

xvii. The September 10, 1992 Federal Register included an extraneous phrase, "of this partuel Marketers", between "subpart H" and "of this part". The May 3, 1993 Federal Register intended to remove this phrase, but misquoted the phrase to be removed as "of the partial Marketers." The correct wording is "subpart H of this part" rather than "subpart H of this partuel Marketers of this part."

xviii. The May 3, 1993 (58 FR 26420) rule changed the text found in the September 10, 1992 (57 FR 41566; Revision Checklist 112) rule, to include renotification. However, the June 17, 1993 (58 FR 33341) rule changed the text back to the original wording in the September 10, 1992 rule.

xix. Note that there is an error in the September 10, 1992 Federal Register at 279.43(c)(3)(i); there should be a

comma after "171.15".

xx. Note that there is a typographical error in the September 10, 1992 Federal Register at 279.43(c)(5); "used oil discharged that occurs" should be "used oil discharge that occurs".

xxi. Note that there is a typographical error in the September 10, 1992 Federal Register at 279.44(a); "used oil being transporter" should be "used oil being transported".

xxii. The September 10, 1992 Federal Register contains an error at 279.45(a): "subpart F of this chapter" should more specifically say "subpart F of this part".

xxiii. Revision Checklist 130 (March 4, 1994; 59 FR 10550) amended and redesignated the original 279.46(a)(5) introduced by Revision Checklist 112 (September 10, 1992; 57 FR 41566) as 279.46(a)(5)(i) and added a new 279.46(a)(5)(ii).

xxiv. Revision Checklist 130 (March 4, 1994; 59 FR 10550) amended and redesignated the original 279.46(b)(5) introduced by Revision Checklist 112 (September 10, 1992; 57 FR 41566) as 279.46(b)(5)(i) and added a new 279.46(b)(5)(ii).

xxv. The September 10, 1992 Federal Register texts for 279.52(a) and 279.52(b) include two typographical errors: "processors" should be "processing" and "re-refiners" should be "re-refining".

xxvi. The September 10, 1992 Federal Register for 279.52(b)(1)(ii) says "release or used oil" but should say

"release of used oil".

xxvii. There is a typographical error in the September 10, 1992 Federal Register at 279.57(a)(2)(ii): "an specified" should be "as specified".

xxviii. In ' 279.59, "re-fining", as found in the September 10, 1992 Federal Register, is an error and has been replaced in this checklist with "re-refining".

xxix. Note that there is an error in the September 10, 1992 Federal Register at 279.63(c); the "/" after "hazardous

waste" should be deleted.

xxx. Paragraphs 279.63(c)(1)&(2) contain new exemptions from the rebuttable presumption that were not part of the November 29, 1985 final rule (50 FR 49164; Revision Checklist 19) and are, thus, not HSWA provisions.

xxxi. The paragraph title and first sentence of 279.64(e) in the September 10, 1992 Federal Register are inconsistent. Because 279.64(d) referred to existing aboveground tanks, this checklist assumes that 279.64(e) refers to new aboveground tanks and that there is an error in the paragraph title: "existing" should

be "new".

xxxii. Only 279.70(b)(1)&(2) are designated as HSWA provisions.

xxxiii. The May 3, 1993 Federal Register shows two different changes to this paragraph. Only the first change (revision 43) correcting the wording found in the September 10, 1992 (57 FR 41566, Revision Checklist 112) version of the paragraph should be made. While the May 3, 1993 (58 FR 26420) rule changed the rest of the text so that renotification was required, the June 17, 1993 (58 FR 33341) rule changed the text back to that found in the September 10, 1992 rule.