Used Oil Used Oil

Walt ArkusWalt Arkus

November, 2006November, 2006

Topics of DiscussionTopics of Discussion

Where are the Used Oil regs?Where are the Used Oil regs? Definition of Used OilDefinition of Used Oil The Recycling PresumptionThe Recycling Presumption Mixtures of Used Oil & Other StuffMixtures of Used Oil & Other Stuff Rebuttable PresumptionRebuttable Presumption Used Oil SpecificationUsed Oil Specification Requirements for HandlersRequirements for Handlers

Where Are the Used Oil Regs?Where Are the Used Oil Regs?

Adopted by USEPA 1993 at 40 CFR 279Adopted by USEPA 1993 at 40 CFR 279

Adopted by NJDEP in 1996 at NJAC 7:26A-6Adopted by NJDEP in 1996 at NJAC 7:26A-6

Unlike UW at 40 CFR 273, Used Oils Not a HWUnlike UW at 40 CFR 273, Used Oils Not a HW

Definition of Used OilDefinition of Used Oil

Federal Part and Federal Part and NJ PartNJ Part ““Used Oil” means any oil that has been refined from Used Oil” means any oil that has been refined from

crude oil, or any synthetic oil, that crude oil, or any synthetic oil, that has been usedhas been used and as and as a result of such use, is contaminated by physical or a result of such use, is contaminated by physical or chemical impurities, chemical impurities, or or unusedunused oil that is contaminated oil that is contaminated by physical or chemical impurities through storage or by physical or chemical impurities through storage or handling and is determined to be a solid waste by the handling and is determined to be a solid waste by the generator.generator.

UO is a Class D Recyclable Material in NJUO is a Class D Recyclable Material in NJ

The Recycling PresumptionThe Recycling Presumption

Presumption applies unless or until someone Presumption applies unless or until someone disposes the used oil or sends the used oil for disposes the used oil or sends the used oil for disposaldisposal

Generator/other handlers need not worry about the Generator/other handlers need not worry about the ultimate fate - just comply with 7:26A-6ultimate fate - just comply with 7:26A-6

Mixtures of UO & Other StuffMixtures of UO & Other Stuff(UO/HW Mixing Scenarios) (UO/HW Mixing Scenarios)

UO failing a D-Code itself = UOUO failing a D-Code itself = UO

UO mixed w/Listed HW = HWUO mixed w/Listed HW = HW

D-Code UO mixed w/D-Code HW = UO, if mixture D-Code UO mixed w/D-Code HW = UO, if mixture does not fail any D-Codedoes not fail any D-Code

UO not failing a D-Code mixed w/D-Code HW = UO not failing a D-Code mixed w/D-Code HW = UO, if mixture does not fail any D-CodeUO, if mixture does not fail any D-Code

Mixtures of UO & Other StuffMixtures of UO & Other Stuff(UO/HW Mixing Scenarios)(UO/HW Mixing Scenarios)

D-Code UO mixed w/D001-only HW = UO, if D-Code UO mixed w/D001-only HW = UO, if mixture does not fail D001 (mixture may fail mixture does not fail D001 (mixture may fail original UO D-Code)original UO D-Code)

UO mixed w/CESQG HW = UOUO mixed w/CESQG HW = UO

Mixtures of UO & Other StuffMixtures of UO & Other Stuff(Other Combinations)(Other Combinations)

Materials Containing/Contaminated w/UO = UO, Materials Containing/Contaminated w/UO = UO, unless drained or removedunless drained or removed

Mixtures of UO w/Products = UOMixtures of UO w/Products = UO Materials Derived From UO Materials Derived From UO

- Reclaimed & beneficially used but not - Reclaimed & beneficially used but not burned (e.g. lubricants) are not UO burned (e.g. lubricants) are not UO - Produced from & burned = UO (if off- - Produced from & burned = UO (if off-spec) - Disposed = Not UO, but SW or HWspec) - Disposed = Not UO, but SW or HW

Rebuttable PresumptionRebuttable Presumption

Presumption of Presumption of AdulterativeAdulterative Mixing Mixing 1,000 ppm Total Halogens is the limit1,000 ppm Total Halogens is the limit Rebut by showing that UO is not mixed Rebut by showing that UO is not mixed

w/halogenated HW, orw/halogenated HW, or Rebut by showing that UO is mixed only Rebut by showing that UO is mixed only

w/CESQG HW or HHWw/CESQG HW or HHW All Handlers are responsibleAll Handlers are responsible

Used Oil SpecificationUsed Oil Specification

Constituent/PropertyConstituent/Property Allowable Level Allowable Level Arsenic 5 ppm max Arsenic 5 ppm max Cadmium 2 ppm max Cadmium 2 ppm max Chromium 10 ppm max Lead Chromium 10 ppm max Lead 100 ppm max Flash 100 ppm max Flash Point 100 Degrees F min Point 100 Degrees F min Total Halogens 1,000 ppm max* Total Halogens 1,000 ppm max*

*USEPA = 4,000 ppm*USEPA = 4,000 ppm

Used Oil SpecificationUsed Oil Specification

Once UO has been shown to meet the spec, it is Once UO has been shown to meet the spec, it is considered on-spec (product) and is no longer a considered on-spec (product) and is no longer a UO and not subject to UO rulesUO and not subject to UO rules

The Used Oil Specification and the Rebuttable The Used Oil Specification and the Rebuttable Presumption are completely Presumption are completely separateseparate requirements requirements

Requirements For UO HandlersRequirements For UO Handlers

Generators (6.4)Generators (6.4) Collection Centers/Aggregation Points (6.5)Collection Centers/Aggregation Points (6.5) Transporters/Transfer Facilities (6.6)Transporters/Transfer Facilities (6.6) Processors/Re-Refiners (6.7)Processors/Re-Refiners (6.7) Burners (6.8)Burners (6.8) Marketers (6.9)Marketers (6.9)

UO Generators (6.4)UO Generators (6.4)

Rebuttable PresumptionRebuttable Presumption Subject to SPCC/DPCC/DCR RequirementsSubject to SPCC/DPCC/DCR Requirements Store in Containers or Tanks Store in Containers or Tanks

- Good Condition - Good Condition - Not Leaking- Not Leaking

Label Containers, Tanks & Piping “Used Oil”Label Containers, Tanks & Piping “Used Oil” Release ResponseRelease Response Ensure Transport Off-Site By Registered SW Ensure Transport Off-Site By Registered SW

TransportersTransporters

UO Collection Points (6.5)UO Collection Points (6.5)

NJMVC Licensed Private Inspection FacilitiesNJMVC Licensed Private Inspection Facilitiesand Retail Service Stationsand Retail Service Stations

Accept DIY Used OilAccept DIY Used Oil - 2 Gallons Per Person- 2 Gallons Per Person - May Charge Reasonable Fee- May Charge Reasonable Fee

Notify BRP of UO Collection ActivitiesNotify BRP of UO Collection Activities

UO Collection Centers (6.5)UO Collection Centers (6.5)

Accept UO From Generators & DIYAccept UO From Generators & DIY

Must Be Registered By County or MunicipalityMust Be Registered By County or Municipality

Comply With Generator Standards of 6.4Comply With Generator Standards of 6.4

UO Aggregation Points (6.5)UO Aggregation Points (6.5)

Accepts UO From Generator Sites O/O By the Accepts UO From Generator Sites O/O By the O/O of the Aggregation PointO/O of the Aggregation Point

May Also Accept UO From DIYMay Also Accept UO From DIY

Incoming Shipments 55 Gallons Or LessIncoming Shipments 55 Gallons Or Less

Comply With Generator Standards of 6.4Comply With Generator Standards of 6.4

UO Transporters/Transfer UO Transporters/Transfer Facilties (6.6)Facilties (6.6)

TransportersTransporters

Need EPA ID Number, NJ SW Transporter License Need EPA ID Number, NJ SW Transporter License (7:26-3)(7:26-3)

May Consolidate or Aggregate, But Not Process UO May Consolidate or Aggregate, But Not Process UO (Except for Incidental Processing)(Except for Incidental Processing)

Discharge ResponseDischarge Response Rebuttable Presumption, Of CourseRebuttable Presumption, Of Course Tracking of ShipmentsTracking of Shipments

UO Transporters/Transfer UO Transporters/Transfer Facilities (6.6)Facilities (6.6)

Transfer FacilitiesTransfer Facilities

Also Defined as UO TransportersAlso Defined as UO Transporters Notify Enforcement of Transfer ActivitiesNotify Enforcement of Transfer Activities 24 Hours < Store < 35 Days24 Hours < Store < 35 Days If Store > 35 Days, Must Comply With Processor If Store > 35 Days, Must Comply With Processor

Standards (Except For Class D Approval) Standards (Except For Class D Approval) Subject to SPCC/DPCC/DCR RequirementsSubject to SPCC/DPCC/DCR Requirements

UO Transporters/Transfer UO Transporters/Transfer Facilities (6.6)Facilities (6.6)

Transfer FacilitiesTransfer Facilities

Store in Containers or Tanks Store in Containers or Tanks - Good Condition - Good Condition - Not Leaking- Not Leaking

Secondary Containment for Containers and TanksSecondary Containment for Containers and Tanks Label Containers, Tanks & Piping “Used Oil” Label Containers, Tanks & Piping “Used Oil”

UO Processors/Re-Refiners (6.7)UO Processors/Re-Refiners (6.7)

Definition of ProcessingDefinition of Processing Need EPA ID Number, Class D Approval (Unless Transfer Need EPA ID Number, Class D Approval (Unless Transfer

Facility Only Storing >35 Days)Facility Only Storing >35 Days) Preparedness & PreventionPreparedness & Prevention Contingency PlanContingency Plan Rebuttable Presumption, Of CourseRebuttable Presumption, Of Course Subject to SPCC/DPCC/DCR RequirementsSubject to SPCC/DPCC/DCR Requirements Store or Process in Containers or Tanks Store or Process in Containers or Tanks - Good - Good

Condition Condition - - Not LeakingNot Leaking

UO Processors/Re-Refiners (6.7)UO Processors/Re-Refiners (6.7)

Secondary Containment For Containers and TanksSecondary Containment For Containers and Tanks Label Containers, Tanks & Piping “Used Oil”Label Containers, Tanks & Piping “Used Oil” Release ResponseRelease Response Closure StandardsClosure Standards Analysis PlanAnalysis Plan TrackingTracking Operating Record/Biennial Reporting Operating Record/Biennial Reporting

UO Burners (6.8)UO Burners (6.8)

EPA ID NumberEPA ID Number Rebuttable Presumption, Of CourseRebuttable Presumption, Of Course Off-Spec UO May Be Burned Only In Off-Spec UO May Be Burned Only In

- Industrial Furnaces - Industrial Furnaces - Utility Boilers, - Utility Boilers, Industrial Boilers Industrial Boilers - Hazardous - Hazardous Waste IncineratorsWaste Incinerators

Burners May Aggregate UO, But Only For Purposes Burners May Aggregate UO, But Only For Purposes of Burning (Not For Producing On-Spec UO)of Burning (Not For Producing On-Spec UO)

UO Burners (6.8)UO Burners (6.8)

Subject to SPCC/DPCC/DCR RequirementsSubject to SPCC/DPCC/DCR Requirements Store in Containers or Tanks Store in Containers or Tanks - -

Good Condition Good Condition - Not Leaking- Not Leaking

Secondary Containment For Containers and TanksSecondary Containment For Containers and Tanks Label Containers, Tanks & Piping “Used Oil”Label Containers, Tanks & Piping “Used Oil” Release ResponseRelease Response TrackingTracking One-Time Written Notice to ShippersOne-Time Written Notice to Shippers

UO Marketers (6.9)UO Marketers (6.9)

A Marketer is any person who: A Marketer is any person who: - First claims UO meets the UO Specification, or - First claims UO meets the UO Specification, or - Sends off-spec UO directly to a UO Burner - Sends off-spec UO directly to a UO Burner

A Marketer must also comply with one of the A Marketer must also comply with one of the Generator, Transporter/Transfer Facility, Generator, Transporter/Transfer Facility, Processor, or Burner RequirementsProcessor, or Burner Requirements

EPA ID NumberEPA ID Number

UO Marketers (6.9)UO Marketers (6.9)

If first claim UO meets the spec, keep copies of If first claim UO meets the spec, keep copies of analyses (or other info) for 3 yearsanalyses (or other info) for 3 years

Tracking - keep records of shipments for 3 yearsTracking - keep records of shipments for 3 years Obtain one-time written notice from Burners Obtain one-time written notice from Burners

Contact InformationContact Information

Walt ArkusWalt Arkus

NJDEPNJDEP

Solid & Hazardous WasteSolid & Hazardous Waste

Phone: 609-984-2041Phone: 609-984-2041

Email: Walt.Arkus@dep.state.nj.usEmail: Walt.Arkus@dep.state.nj.us