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 374-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Terms that are
					 defined in sections
					 370.2 and
					 371.1  of this Title have
					 the same meanings when used in this Subpart, unless otherwise defined in this
					 Subpart. Terms relevant to the interpretation of Part 360 of this Title have the
					 same meanings as given in Part 360 of this Title.
(b) For the purposes of this Subpart, the
					 following definitions apply:
(1)
Aboveground used oil tank
means a tank used to store or process
					 used oil that is not an underground used oil tank.
(2)
Aboveground used oil tank
					 system
means any tank system that is not an underground tank
					 system.
(3)
Accessible
					 underground area
means an underground room - such as a basement, cellar,
					 shaft, or vault - that allows for the physical inspection of the entire exterior
					 of the tank component of the tank system.
(4)
Adjacent towns
or
cities
means towns and cities that share a common border with
					 each other.
(5)
Container
means any portable device in which a material is
					 stored, transported, treated, disposed of, or otherwise handled.
(6)
Contract
means a
					 promissory agreement between two or more persons to perform or not perform a
					 particular act.
(7)
Do-it-yourselfer used oil collection center
, or
DIY used
					 oil collection center,
means any site or facility that
					 accepts/aggregates and stores used oil collected only from household
					 do-it-yourselfers.
(8)
Existing tank
means a tank that is used for the storage or
					 processing of used oil and that is in operation, or for which installation has
					 commenced on or prior to January 14, 1995. Installation will be considered to
					 have commenced if the owner or operator has obtained all Federal, State, and
					 local approvals or permits necessary to begin installation of the tank and if
					 either:
(i) a continuous on-site installation
					 program has begun; or
(ii) the owner
					 or operator has entered into contractual obligations - which cannot be canceled
					 or modified without substantial loss - for installation of the tank to be
					 completed within a reasonable time.
(9)
Household do-it-yourselfer used
					 oil,
or
DIY used oil,
means oil that is derived from
					 households, such as used oil generated by individuals through the maintenance of
					 their personal vehicles.
(10)
Household do-it-yourselfer used oil generator,
or
DIY
					 used oil generator
means an individual who generates household
					 do-it-yourselfer used oil.
(11)
Lubricating oil
means all oil suitable for use as a lubricant,
					 or sold for use as a lubricant.
(12)
New tank
means a tank that will be used to store or process used
					 oil and for which installation has commenced after January 14, 1995.
(13)
On-premises oil changing
					 operation
means any commercial operation that drains or collects used
					 lubricating oil and replaces it with new or re-refined lubricating oil.
(14)
Petroleum refining
					 facility
means an establishment primarily engaged in producing gasoline,
					 kerosene, distillate fuel oils, residual fuel oils, and lubricants, through
					 fractionation, straight distillation of crude oil, redistillation of unfinished
					 petroleum derivatives, cracking or other processes (facilities within the
					 classification under the North American Industry Classification
					 System).
(15)
Processing
means chemical or physical operations designed to
					 produce from used oil, or to make used oil more amenable for production of fuel
					 oils, lubricants, or other used oil-derived product. Processing includes, but is
					 not limited to: blending used oil with virgin petroleum products, blending used
					 oils to meet the fuel specification, filtration, simple distillation, chemical or
					 physical separation and re-refining.
(16)
Release
means any
					 intentional or unintentional action or omission resulting in the releasing,
					 spilling, leaking, pumping, pouring, emitting, emptying or dumping of used oil
					 into the waters of the State or onto lands from which it might flow or drain into
					 said waters, or into waters outside the jurisdiction of the State when damage may
					 result to lands, waters, or natural resources within the jurisdiction of the
					 State.
(17)
Re-refining
					 distillation bottoms
means the heavy fraction produced by vacuum
					 distillation of filtered and dehydrated used oil. The composition of still
					 bottoms varies with column operation and feedstock.
(18)
Retail
means the sale of
					 lubricating oil to consumers in containers of five gallons or less for direct use
					 by the consumer and not offered for resale.
(19)
Retail establishment
means every vendor that sells lubricating oil at retail in quantities in excess
					 of 1,000 gallons per year.
(20)
Service establishment
means any automobile service station,
					 including gas only outlets, or any other retail outlet and boat marina, selling
					 at least 500 gallons of lubricating oil annually and having an on-premises oil
					 changing operation.
(21)
Spill
means the accidental leaking, pumping, emitting, emptying
					 or dumping of hazardous waste, used oil or materials which, when spilled, become
					 hazardous wastes, out of the ordinary containers employed in the normal course of
					 storage, transfer, processing or use.
(22)
Tank
means any stationary
					 device, designed to contain an accumulation of used oil which is constructed
					 primarily of non-earthen materials, (
e.g.,
wood, concrete,
					 steel, plastic) which provides structural support.
(23)
Tank system
means a used
					 oil storage or processing tank and its associated ancillary equipment and
					 containment system.
(24)
Total halogens
means the total of organic and inorganic halides
					 (fluorine, F; chlorine, Cl; bromine, Br; iodine, I), expressed as chloride
					 present in a used oil, in parts per million (ppm) by weight.
(25)
Underground used oil tank
means any one or combination of tanks (including any piping connected thereto)
					 that is used to contain an accumulation of used oil, the volume of which
					 (including the volume of underground pipes connected thereto) is 10 percent or
					 more beneath the surface of the ground. This term does not include a tank system
					 situated in an "accessible underground area."
(26)
Used oil
means any oil
					 that has been refined from crude oil, or any synthetic oil, that has been used,
					 and as a result of such use, is contaminated by physical or chemical
					 impurities.
(27)
Used oil
					 aggregation point
means any site or facility that accepts, aggregates,
					 and/or stores used oil collected only from other used oil generation sites owned
					 or operated by the owner or operator of the aggregation point, from which used
					 oil is transported to the aggregation point in shipments of no more than 55
					 gallons. Used oil aggregation points may also accept used oil from household
					 do-it-yourselfers.
(28)
Used
					 oil burner
means a facility where used oil not meeting the specification
					 requirements in section
					 374-2.2(b)(1) 
					 of this Subpart is burned for energy recovery in devices identified in section
					 374-2.7(b) 
					 of this Subpart.
(29)
Used
					 oil collection center
means any site or facility that is recognized by
					 this department pursuant to section
					 374-2.4(b)(2) 
					 of this Subpart, to manage used oil, and accepts/aggregates and stores used oil
					 collected from used oil generators regulated under section
					 374-2.3 
					 of this Subpart, who bring used oil to the collection center in shipments of no
					 more than 55 gallons under the provisions of section
					 374-2.3(e) 
					 of this Subpart. Used oil collection centers may also accept used oil from
					 household do-it-yourselfers.
(30)
Used oil fuel marketer
means any person who conducts either of
					 the following activities:
(i) directs a
					 shipment of off-specification used oil from their facility to a used oil burner;
					 or
(ii) first claims that used oil
					 that is to be burned for energy recovery meets the used oil fuel specifications
					 set forth in section
					 374-2.2(b)(1) 
					 of this Subpart.
(31)
Used oil generator
means any person, by site, whose act or
					 process produces used oil or whose act first causes used oil to become subject to
					 regulation.
(32)
Used oil
					 processor/re-refiner
means a facility that processes and/or re-refines
					 used oil.
(33)
Used oil
					 transfer facility
means any transportation related facility including
					 loading docks, parking areas, storage areas, and other areas where shipments of
					 used oil are held for more than 24 hours and not longer than 35 days during the
					 normal course of transportation or prior to an activity performed pursuant to
					 section
					 374-2.3(a)(2)(ii) 
					 of this Subpart. Transfer facilities that store used oil for more than 35 days
					 are subject to regulation under section
					 374-2.6 
					 of this Subpart.
(34)
Used
					 oil transporter
means any person who transports used oil, any person who
					 collects used oil from more than one generator and transports the collected oil,
					 and owners and operators of used oil transfer facilities. Used oil transporters
					 may consolidate or aggregate loads of used oil for purposes of transportation
					 but, with the following exception, may not process used oil. Transporters may
					 conduct incidental processing operations that occur in the normal course of used
					 oil transportation (
e.g.,
settling and water separation), but
					 that are not designed to produce (or make more amenable for production of) used
					 oil derived products or used oil fuel.