R315-15-5. Standards for Used Oil Processors and Re-Refiners

  5.1 APPLICABILITY

  (a) The requirements of R315-15-5 apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining. The requirements of R315-15-5 do not apply to:

  (1) Transporters that conduct incidental processing operations that occur during the normal course of transportation as provided in R315-15-4.2; or

  (2) Burners that conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in R315-15-6.2(b).

  (b) Other applicable provisions. Used oil processors/re-refiners who conduct the following activities are also subject to the requirements of other applicable provisions of R315-15 as indicated in R315-15-5.1(b)(1) through (b)(7).

  (1) Processors/re-refiners who generate used oil shall also comply with R315-15-2.

  (2) Processors/re-refiners who transport used oil shall also comply with R315-15-4.

  (3) Processor/re-refiners who burn off-specification used oil for energy recovery shall also comply with R315-15-6 except where:

  (i) The used oil is only burned in an on-site space heater that meets the requirements of R315-15-2.4; or

  (ii) The used oil is only burned for purposes of processing used oil, which is considered burning incidentally to used oil processing.

  (4) Processors/re-refiners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in R315-15-1.2 shall also comply with R315-15-7.

  (5) Processors/re-refiners who dispose of used oil shall also comply with R315-15-8.

  (6) Tanks, containers, and piping that contained hazardous waste. Unless tanks, containers, and piping that previously contained hazardous waste are emptied as described in R315-261-7 prior to storing or transferring used oil, the used oil is considered to have been mixed with the hazardous waste and shall be managed as hazardous waste unless, under the provisions of R315-15-1.1(b), the hazardous waste and used oil mixture is determined not to be hazardous waste.

  (7) Tanks, containers, and piping that previously contained PCB-contaminated material. Unless tanks, containers, and piping that previously contained PCB-contaminated material are decontaminated as described in 40 CFR 761 Subpart S prior to storing or transferring of used oil, the used oil is considered to have been mixed with the PCB-contaminated material and shall be managed in accordance with R315-15-18 and 40 CFR 761 Subpart S, as applicable.

  (c) Processors/re-refiners shall obtain a permit from the Director prior to processing or re-refining used oil. An application for a permit shall contain the information required by R315-15-13.5.

  5.2 NOTIFICATION

  (a) Identification numbers. Used oil processors/re-refiners who have not previously complied with the notification requirements of RCRA section 3010 shall comply with these requirements and obtain an EPA identification number.

  (b) Mechanics of notification. A used oil processor or re-refiner who has not received an EPA identification number may obtain one by notifying the Director of their used oil activity by submitting either:

  (1) A completed EPA Form 8700-12; or

  (2) A letter to the Division requesting an EPA identification number. The letter shall include the following information:

  (i) Processor or re-refiner company name;

  (ii) Owner of the processor or re-refiner company;

  (iii) Mailing address for the processor or re-refiner;

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

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

  (vi) Location of the processor or re-refiner facility.

  5.3 GENERAL FACILITY STANDARDS

  (a) Preparedness and prevention. Owners and operators of used oil processor/re-refiner facilities shall comply with the following requirements:

  (1) Maintenance and operation of facility. Facilities shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil, surface water, or groundwater that could threaten human health or the environment.

  (2) Required equipment. All facilities shall be equipped with the following:

  (i) An internal communications or alarm system capable of providing immediate emergency instruction, voice and signal, to facility personnel;

  (ii) A device, such as a telephone, immediately available at the scene of operations, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

  (iii) Portable fire extinguishers, fire control equipment, including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals, spill control equipment, and decontamination equipment; and

  (iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

  (3) Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency. Records of such testing and maintenance shall be kept for three years.

  (4) Access to communications or alarm system.

  (i) Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required in R315-15-5.3(a)(2).

  (ii) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone, immediately available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required in R315-15-5.3(a)(2).

  (5) Required aisle space. The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

  (6) Arrangements with local authorities.

  (i) The owner or operator shall attempt to make the following arrangements, as appropriate for the type of used oil handled at the facility and the potential need for the services of these organizations:

  (A) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

  (B) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

  (C) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and

  (D) 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 at the facility.

  (ii) Where State or local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the facility's operating record.

  (b) Contingency plan and emergency procedures. Owners and operators of used oil processor and re-refiner facilities shall comply with the following requirements:

  (1) Purpose and implementation of contingency plan.

  (i) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, groundwater, or surface water.

  (ii) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of used oil that could threaten human health or the environment.

  (2) Content of contingency plan.

  (i) The contingency plan shall describe the actions facility personnel shall take to comply with R315-15-5.3(b)(1) and (6) in response to fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, groundwater, or surface water at the facility.

  (ii) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR 112 or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate used oil management provisions necessary to comply with the requirements of R315-15.

  (iii) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, in accordance with R315-15-5.3(a)(6).

  (iv) The plan shall list names, addresses, and phone numbers, of all persons qualified to act as 24-hour emergency coordinator. This list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. See also R315-15-5.3(b)(5).

  (v) The plan shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, communications and alarm systems, internal and external, and decontamination equipment, where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.

  (vi) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes, in cases where the primary routes could be blocked by releases of used oil or fires.

  (3) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be:

  (i) Maintained at the facility; and

  (ii) 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.

  (4) Amendment of contingency plan. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever:

  (i) Applicable regulations are revised;

  (ii) The plan fails in an emergency;

  (iii) The facility changes its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of used oil, or changes the response necessary in an emergency;

  (iv) The list of emergency coordinators changes; or

  (v) The list of emergency equipment changes.

  (5) Emergency coordinator. At all times, there shall be at least one employee either on the facility premises or on call, i.e., available to respond to an emergency by reaching the facility within a short period of time, with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristic of used oil handled, the location of all records within the facility, and facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.

  (6) Emergency procedures.

  (i) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on call, shall immediately:

  (A) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

  (B) Notify appropriate State or local agencies with designated response roles if their help is needed.

  (ii) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records of manifests and, if necessary, by chemical analysis.

  (iii) Concurrently, the emergency coordinator shall assess possible hazards to human health and to the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion, e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions.

  (iv) If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health, or the environment, outside the facility, the coordinator shall report the findings as follows:

  (A) If the emergency coordinator assessment indicates that evacuation of local areas may be advisable, he shall immediately notify appropriate local authorities. The coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; and

  (B) The emergency coordinator shall implement the actions as required in Section R315-15-9.

  (v) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other used oil or hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.

  (vi) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

  (vii) Immediately after an emergency, the emergency coordinator shall provide for recycling, storing, or disposing of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

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

  (A) 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; and

  (B) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

  (C) The owner or operator shall notify the Director, and appropriate local authorities that the facility is in compliance with R315-15-5.3(b)(6)(viii)(A) and (B) before operations are resumed in the affected area(s) of the facility.

  (ix) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Director. The report shall include:

  (A) Name, address, and telephone number of the owner or operator;

  (B) Name, address, and telephone number of the facility;

  (C) Date, time, and type of incident, e.g., fire, explosion;

  (D) Name and quantity of material(s) involved;

  (E) The extent of injuries, if any;

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

  (G) Estimated quantity and disposition of recovered material that resulted from the incident.

  5.4 REBUTTABLE PRESUMPTION FOR USED OIL

  (a) To ensure that used oil managed at a processing/re-refining facility is not hazardous waste under the rebuttable presumption of R315-15-1.1(b)(1)(ii), the owner or operator of a used oil processing/re-refining facility shall determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.

  (b) The owner or operator shall make this determination by:

  (1) Testing the used oil; or

  (2) Applying and documenting generator knowledge of the halogen content of the used oil in light of the materials and processes used.

  (c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in R315-261-30 through 33 and 35. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste, for example, by using an analytical method from EPA SW-846, Edition III, Update IV to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in R315-261 Appendix VIII.

  (1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, 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.

  (2) 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.

  5.5 USED OIL MANAGEMENT

  Used oil processor/re-refiners are subject to all applicable Spill Prevention, Control and Countermeasures, found in 40 CFR 112, in addition to the requirements of R315-15-5. Used oil processors/re-refiners are also subject to the standards and requirements found in R311-200 through R311-209, Underground Storage Tanks, 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 R315-15-5.

  (a) Management units. Used oil processors/re-refiners may not store used oil in units other than tanks, containers, or units subject to regulation under R315-264 or R315-265.

  (b) Condition of units. Containers and aboveground tanks including their associated pipes and valves used to store or process used oil at processing and re-refining facilities shall be:

  (1) In good condition, with no severe rusting, apparent structural defects, or deterioration;

  (2) Not leaking; and

  (3) Closed during storage except when used oil is being added or removed.

  (c) Secondary containment. Containers and aboveground tanks used to store or process used oil at processing and re-refining facilities including their pipe connections and valves shall be equipped with a secondary containment system.

  (1) The secondary containment system shall consist of:

  (i) Dikes, berms, or retaining walls; and

  (ii) A floor. The floor shall cover the entire area within the dike, berm, or retaining wall, except areas where existing portions of aboveground tanks meet the ground; or

  (iii) An equivalent secondary containment system approved by the Director.

  (2) The entire containment system, including walls and floors, shall be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

  (3) The secondary containment system shall be of sufficient size and volume to prevent any used oil released from tanks and containers described in R315-15-5.5(a), from migrating out of the system to the soil, groundwater, or surface water.

  (4) Water, used oil, or other liquids shall be removed from secondary containment within 24 hours of their discovery.

  (5) Used oil shall not be stored or allowed to accumulate in sumps and similar water-containment structures at the facility. Any used oil in such sumps shall be removed within 24 hours of its discovery.

  (d) Labels.

  (1) Containers and aboveground tanks used to store or process used oil at processing and re-refining facilities shall be labeled or marked clearly with the words "Used Oil."

  (2) Fill pipes used to transfer used oil into underground storage tanks at processing and re-refining facilities shall be labeled or marked clearly with the words "Used Oil."

  (e) Response to releases. Upon detection of a release of used oil to the environment not subject to the requirements of R311-202-1, which incorporates by reference 40 CFR 280, Subpart F, an owner/operator shall comply with R315-15-9.

  (f) Closure.

  (1) Aboveground tanks. Owners and operators who store or process used oil in aboveground tanks shall comply with the following requirements:

  (i) At closure of a tank system, the owner or operator shall 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, unless the materials are not hazardous waste under this chapter. Nonhazardous solid waste must be managed in accordance with R315-301-4.

  (ii) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in R315-15-5.5(f)(1)(i), then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills, 40 CFR 265.310 which is adopted by reference.

  (2) Containers. Owners and operators who store used oil in containers shall comply with the following requirements:

  (i) At closure, containers holding used oils or residues of used oil shall be removed from the site;

  (ii) The owner or operator shall 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, unless the materials are not hazardous waste under R315-261.

  5.6 ANALYSIS PLAN

  Owners or operators of used oil processing/re-refining facilities shall develop and follow a written used oil analysis plan describing the procedures that will be used to comply with the analysis requirements of R315-15-5.4, R315-15-18, and, if applicable, the marketer requirements in R315-15-7.3. The owner or operator shall keep the plan at the facility.

  (a) Rebuttable presumption for used oil in R315-15-5.4. The plan shall specify the following:

  (1) Whether sample analyses documented generator knowledge of the halogen content of the used oil, or both, will be used to make this determination.

  (2) If sample analyses are used to make this determination, the plan shall specify:

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

  (A) One of the sampling methods in R315-261 Appendix I; or

  (B) A method shown to be equivalent under R315-260-21;

  (ii) The frequency of sampling to be performed, and whether the analysis will be performed onsite or offsite; and

  (iii) The methods used to analyze used oil for the parameters specified in R315-15-5.4; and

  (3) The type of information that will be used to determine the halogen content of the used oil.

  (b) On-specification used oil fuel in R315-15-7.3. At a minimum, the plan shall specify the following if R315-15-7.3 is applicable:

  (1) Whether sample analyses or other information will be used to make this determination;

  (2) If sample analyses are used to make this determination:

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

  (A) One of the sampling methods in R315-261, Appendix I; or

  (B) A method shown to be equivalent under R315-260-21;

  (ii) Whether used oil will be sampled and analyzed prior to or after any processing/re-refining;

  (iii) The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and

  (iv) The methods used to analyze used oil for the parameters specified in R315-15-7.3.

  (3) The type of information that will be used to make the on-specification used oil fuel determination.

  5.7 TRACKING

  (a) Acceptance. Used oil processors/re-refiners shall keep a written record of each used oil shipment accepted for processing/re-refining. These records shall take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment shall include the following information:

  (1) The name and address of the transporter who delivered the used oil to the processor/re-refiner;

  (2) The name and address of the generator or processor/re-refiner from whom the used oil was sent for processing/re-refining;

  (3) The EPA identification number of the transporter who delivered the used oil to the processor/re-refiner;

  (4) The EPA identification number, if applicable, of the generator or processor/re-refiner from whom the used oil was sent for processing/re-refining;

  (5) The quantity of used oil accepted;

  (6) The date of acceptance; and

  (7) Written documentation that the processor/re-refiner has met the rebuttable presumption requirements of R315-15-5.4 and the PCB testing requirements of R315-15-18.

  (b) Delivery. Used oil processor/re-refiners shall keep a written record of each shipment of used oil that is shipped to a used oil burner, processor/re-refiner, or disposal facility. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment shall include the following information:

  (1) The name and address of the transporter who delivers the used oil to the burner, processor/re-refiner, or disposal facility;

  (2) The name and address of the burner, processor/re-refiner, or disposal facility that will receive the used oil;

  (3) The EPA identification number of the transporter who delivers the used oil to the burner, processor/re-refiner, or disposal facility;

  (4) The EPA identification number of the burner, processor/re-refiner, or disposal facility that will receive the used oil;

  (5) The quantity of used oil shipped; and

  (6) The date of shipment.

  (c) Record retention. The records described in paragraphs (a) and (b) of this section shall be maintained for at least three years at the permitted facility or other location approved by the Director.

  5.8 OPERATING RECORD AND REPORTING

  (a) Operating record.

  (1) The owner or operator of the processor/re-refiner facility shall keep a written operating record at the facility.

  (2) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:

  (i) Records and results of used oil analyses performed as described in the analysis plan required under R315-15-5.6;

  (ii) Summary reports and details of all incidents that require implementation of the contingency plan as specified in R315-15-5.3(b); and

  (iii) Records detailing the mass balance of wastewater entering and leaving the facility. This includes wastewater discharge records. This does not include water used in non-contact cooling processes.

  (b) Reporting. A used oil processor/re-refiner shall report annually March 1 to the Director. The report shall be consistent with the requirements of R315-15-13.5(d).

  5.9 OFF-SITE SHIPMENTS OF USED OIL

  Used oil processors/re-refiners who initiate shipments of used oil offsite shall ship the used oil using a used oil transporter who has obtained an EPA identification number, a permit, and current used oil handler certificate issued by the Director.

  5.10 ACCEPTANCE OF OFF-SITE USED OIL

  Processors accepting used oil from off site shall ensure that transporters delivering used oil to their facility have obtained a current used oil transporter permit and an EPA identification number.

  5.11 MANAGEMENT OF RESIDUES

  Owners and operators who generate residues from the storage, processing, or re-refining of used oil shall manage the residues as specified in R315-15-1.1(e).