New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This subdivision identifies those materials which are
						subject to regulation as used oil under this Subpart. This subdivision also
						identifies some materials that are not subject to regulation as used oil under
						this Subpart, and indicates whether these materials may be subject to regulation
						as hazardous waste under Part 370 through Subparts 374-1, 374-3, and Part 376 of
						this Title.
(1) Used oil. The department
					 presumes that used oil is to be recycled or burned for energy recovery unless a
					 used oil handler disposes of used oil, or sends used oil for disposal. Except as
					 provided in subdivision (b) of this section, the regulations of this Subpart
					 apply to used oil and to materials identified in this subdivision as being
					 subject to regulation as used oil, whether or not the used oil or material
					 exhibits any characteristics of hazardous waste identified in section
					 371.3 
					 of this Title. Used oil subject to regulation under this Subpart is a solid waste
					 as defined under section
					 360.2  of this
					 Title.
(2) Mixtures of used oil and
					 hazardous waste.
(i) Listed hazardous waste.
(a) Mixtures of hazardous waste, listed in
					 section
					 371.4  of
					 this Title, and of used oil are subject to regulation as hazardous waste under
					 Part 370 through Subparts 374-1, 374-3, and Part 376 of this Title, rather than
					 as used oil under this Subpart.
(b)
					 Rebuttable presumption for used oil. Used oil containing more than 1,000 ppm
					 total halogens is presumed to be a hazardous waste because it has been mixed with
					 halogenated hazardous waste listed in section
					 371.4  of
					 this Title. Persons may rebut this presumption by demonstrating that the used oil
					 does not contain hazardous waste (for example, by demonstrating that the used oil
					 does not contain significant concentrations of halogenated hazardous constituents
					 listed in Appendix 23 of this Title).
(1)
					 Laboratory analyses completed for purposes of rebuttable presumption must be
					 performed by a laboratory currently certified under the appropriate approval
					 categories by the New York State Department of Health's Environmental Laboratory
					 Approval Program (ELAP).
(2) The
					 rebuttable presumption does not apply to metalworking oils/fluids containing
					 chlorinated paraffins, if they are processed, through a tolling arrangement, as
					 described in section
					 374-2.3(e)(3) 
					 of this Subpart, to reclaim metalworking oils/fluids. The presumption does apply
					 to metalworking oils/fluids if such oils/fluids are recycled in any other manner,
					 or disposed.
(3) The rebuttable
					 presumption does not apply to used oils contaminated with chlorofluorocarbons
					 (CFCs) removed from refrigeration units where the CFCs are destined for
					 reclamation. The rebuttable presumption does apply to used oils contaminated with
					 CFCs that have been mixed with used oil from sources other than refrigeration
					 units.
(ii)
					 Characteristic hazardous waste. Mixtures of used oil and of hazardous waste that
					 solely exhibits one or more of the hazardous waste characteristics identified in
					 section
					 371.3 
					 of this Title, and mixtures of used oil and of hazardous waste that is listed in
					 section
					 371.4  of
					 this Title solely because it exhibits one or more of the characteristics of
					 hazardous waste identified in section
					 371.3 
					 of this Title are subject to:
(a) except as
					 provided in clause (
c
) of this subdivision, regulation as
					 hazardous waste under Part 370 through Subparts 374-1, 374-3, and Part 376 of
					 this Title rather than as used oil under this Subpart, if the resultant mixture
					 exhibits any characteristics of hazardous waste identified in section
					 371.3 
					 of this Title; or
(b) except as
					 specified in clause (
c
) of this subdivision, regulation as used
					 oil under this Subpart, if the resultant mixture does not exhibit any
					 characteristics of hazardous waste identified under section
					 371.3 
					 of this Title.
(c) regulation as used
					 oil under this Subpart, if the mixture is of used oil and a waste which is
					 hazardous solely because it exhibits the characteristic of ignitability
					 (
e.g.,
ignitable-only mineral spirits), provided that the
					 resultant mixture does not exhibit the characteristic of ignitability under
					 section
					 371.3(b) 
					 of this Title.
(iii)
					 Conditionally exempt small quantity generator hazardous waste. Mixtures of used
					 oil and conditionally exempt small quantity generator hazardous waste regulated
					 under section
					 371.1(f)(10) 
					 of this Title are subject to regulation as used oil under this
					 Subpart.
(3) Materials
					 containing or otherwise contaminated with used oil.
(i) Except as provided in subparagraph (ii) of
					 this paragraph, materials containing or otherwise contaminated with used oil from
					 which the used oil has been properly drained or removed to the extent possible
					 such that no visible signs of free-flowing oil remain in or on the material:
(a) are not used oil and thus not subject to
					 this Subpart; and
(b) if applicable
					 are subject to the hazardous waste regulations of Part 370 through Subparts
					 374-1, 374-3, and Part 376 of this Title.
(ii) Materials containing or otherwise
					 contaminated with used oil that are burned for energy recovery are subject to
					 regulation as used oil under this Subpart.
(iii) Used oil drained or removed from
					 materials containing or otherwise contaminated with used oil is subject to
					 regulation as used oil under this Subpart.
(4) Mixtures of used oil with products.
(i) Except as provided in subparagraph (ii) of
					 this paragraph, mixtures of used oil and fuels or other fuel products are subject
					 to regulation as used oil under this Subpart.
(ii) Mixtures of used oil and diesel fuel mixed
					 on-site by the generator of the used oil for use in the generator's own vehicles
					 are not subject to this Subpart once the used oil and diesel fuel have been
					 mixed. Prior to mixing, the used oil is subject to the requirements of section
					 374-2.3 
					 of this Subpart.
(5)
					 Materials derived from used oil.
(i) Materials
					 that are reclaimed from used oil that are used beneficially and are not burned
					 for energy recovery or used in a manner constituting disposal
					 (
e.g.,
re-refined lubricants) are:
(a) not used oil and thus are not subject to
					 this Subpart; and
(b) not solid
					 wastes and are thus not subject to the hazardous waste regulations of Part 370
					 through Subparts 374-1, 374-3, and Part 376 of this Title as provided in section
					 371.1(d)(3)(ii) 
					 (
a
) of this Title.
(ii) Materials produced from used oil that are
					 burned for energy recovery (
e.g.,
used oil fuels) are subject to
					 regulation as used oil under this Subpart and as waste oil under Subpart 225-2 of
					 this Title.
(iii) Except as provided
					 in subparagraph (iv) of this paragraph, materials derived from used oil that are
					 disposed of or used in a manner constituting disposal are:
(a) not used oil and thus are not subject to
					 this Subpart; and
(b) are solid
					 wastes regulated under Part 360 of this Title, unless they are subject to the
					 hazardous waste regulations of Part 370 through Subpart 374-1, 374-3, and Part
					 376 of this Title if the materials are listed or identified as hazardous
					 waste.
(iv) Used oil
					 re-refining distillation bottoms that are used as feedstock to manufacture
					 asphalt products are not subject to this Subpart.
(6) Wastewater. Wastewater, the discharge of
					 which is subject to regulation under either section 402 or section 307(b) of the
					 Federal Clean Water Act, as incorporated by reference in section
					 370.1(e) 
					 of this Title (including wastewaters at facilities which have eliminated the
					 discharge of wastewater), contaminated with
de minimis
quantities of used oil are not subject to the requirements of this Subpart. For
					 purposes of this paragraph,
de minimis quantities of used oils
are defined as small spills, leaks, or drippings from pumps, machinery, pipes,
					 and other similar equipment during normal operations or small amounts of oil lost
					 to the wastewater treatment system during washing or draining operations. This
					 exception will not apply if the used oil is discarded as a result of abnormal
					 manufacturing operations resulting in substantial leaks, spills, or other
					 releases, or to used oil recovered from wastewaters.
(7) Used oil introduced into crude oil
					 pipelines or a petroleum refining facility.
(i)
					 Used oil mixed with crude oil or natural gas liquids (
e.g.,
in a
					 production separator or crude oil stock tank) for insertion into a crude oil
					 pipeline is exempt from the requirements of this Subpart. The used oil is subject
					 to the requirements of this Subpart prior to the mixing of used oil with crude
					 oil or natural gas liquids.
(ii)
					 Mixtures of used oil and crude oil or natural gas liquids containing less than
					 one percent used oil that are being stored or transported to a crude oil pipeline
					 or petroleum refining facility for insertion into the refining process at a point
					 prior to crude distillation or catalytic cracking are exempt from the
					 requirements of this Subpart.
(iii)
					 Used oil that is inserted into the petroleum refining facility process before
					 crude distillation or catalytic cracking without prior mixing with crude oil is
					 exempt from the requirements of this Subpart provided that the used oil
					 constitutes less than one percent of the crude oil feed to any petroleum refining
					 facility process unit at any given time. Prior to insertion into the petroleum
					 refining facility process, the used oil is subject to the requirements of this
					 Subpart.
(iv) Except as provided in
					 subparagraph (v) of this paragraph, used oil that is introduced into a petroleum
					 refining facility process after crude distillation or catalytic cracking is
					 exempt from the requirements of this Subpart only if the used oil meets the
					 specifications of paragraph (b)(1) of this section. Prior to insertion into the
					 petroleum refining facility process, the used oil is subject to the requirements
					 of this Subpart.
(v) Used oil that is
					 incidentally captured by a hydrocarbon recovery system or wastewater treatment
					 system as part of routine process operations at a petroleum refining facility and
					 inserted into the petroleum refining facility process is exempt from the
					 requirements of this Subpart. This exemption does not extend to used oil which is
					 intentionally introduced into a hydrocarbon recovery system
					 (
e.g.,
by pouring collected used oil into the wastewater
					 treatment system).
(vi) Tank bottoms
					 from stock tanks containing exempt mixtures of used oil and crude oil or natural
					 gas liquids are exempt from the requirements of this Subpart.
(8) Used oil on vessels. Used oil produced on
					 vessels from normal shipboard operations is not subject to this Subpart until it
					 is transported ashore.
(9) Used oil
					 containing PCBs.
(i) Used oil containing 50 ppm
					 by weight, or greater, of polychlorinated biphenyls (PCBs) is a hazardous waste
					 as defined in section
					 371.4(e) 
					 of this Title, and is not subject to the requirements of this Subpart, but is
					 subject to regulation under    40 CFR part 761, as incorporated by reference in
					 section
					 370.1(e) 
					 of this Title, and to Parts 370 through 373, Subparts 374-1 and 374-3, and Part
					 376 of this Title.
(ii) Used oil
					 containing PCBs at any concentration less than 50 ppm is subject to the
					 requirements of this Subpart. If the PCB concentration in the used oil has been
					 diluted to less than 50 ppm, it is also regulated under 40 CFR part 761 as used
					 oil containing PCBs at 50 ppm or greater.
(iii) PCB-containing used oil subject to the
					 requirements of this Subpart may also be subject to the prohibitions and
					 requirements found at 40 CFR part 761, including section 761.20(d) and (e). No
					 person may avoid these provisions by diluting used oil containing PCBs, unless
					 otherwise specifically provided for in this Subpart or in 40 CFR part
					 761.