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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 111

USED OIL MANAGEMENT 

340-111-0000

Purpose and Scope

(1) The purpose of this Division is to provide used oil management standards for generators, transporters, transfer facilities, processors and re-refiners, burners and marketers of used oil.

(2) Persons must consult 40 CFR, Part 279 and associated Federal Register preambles in addition to Division 111 of these rules to determine all applicable used oil management requirements.

Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0010

Applicability

(1) In addition to provisions under 40 CFR 279.10, the following provisions under sections (2) through (5) of this rule shall apply.

(2) Mixtures and residues of used oil and other wastes:

(a) Used oil or materials containing used oil destined for disposal are subject to hazardous waste determination as required under OAR 340-102-0011;

(b) Hazardous or non-hazardous substances or waste shall not be mixed with used oil for the purposes of rendering the substances or wastes non-hazardous except as provided in 40 CFR 279.10(b)(2)(iii)and (b)(3). Wastes that will reduce the recyclability of used oil shall not purposely be mixed with used oil;

(c) Wastes containing oils that do not meet the definition of used oil as defined in OAR 340-111-0020 may be subject to 40 CFR, Part 279 provided the waste would not be a hazardous waste if disposed and it contains sufficient oil to allow it to be managed in a manner similar to used oil provided state air quality and solid waste regulations are satisfied.

(3) Burning for Energy Recovery:

(A) Any person who burns used oil for energy recovery must comply with applicable air emission requirements of the state or local air pollution authority;

(b) Mixtures of used oil and non-hazardous solid waste shall have a minimum energy value of 5,000 Btus per pound when burned as a fuel for energy recovery;

(c) Mixtures of used oil and non-hazardous waste with energy values of less than 5,000 Btus per pound may be burned for treatment or incineration if the mixture is not a hazardous waste under OAR 340-102-0011 and if the requirements of Oregon solid waste and air quality regulations are satisfied;

(d) Residues produced from the burning of used oil for energy recovery are subject to the hazardous waste regulations in OAR Chapter 340, Divisions 100 to 110, 120 and 40 CFR, Parts 260 through 266, 268, 270 and 124 if the materials are listed or identified as hazardous waste.

(4) Oil removed from a non-halogenated parts cleaning media may be managed as used oil provided:

(a) Parts are cleaned primarily to remove an oil that would meet the definition of a used oil as defined in OAR 340-111-0020; and

(b) Listed or characteristic hazardous waste has not been mixed with the parts cleaning media.

(5) Any person may petition the Department in writing following the procedures in OAR Chapter 183; OAR Chapter 137, Division 2; and OAR Chapter 340, Division 11, for a declaratory ruling whether a material is a used oil under OAR 340-111-0020.

Stat. Auth.: ORS 192ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590 & ORS 466.075
Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0020

Definitions

(1) The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 279.1, OAR 340-100-0010 and 340-142-0005.

(2) When used in Division 111 of this Chapter, the following terms have the meanings given below:

(a) "Hot Draining" means draining of used oil filters at or near the engine operating temperature and above room temperature (i.e., 60° F.);

(b) "Terne Plating" means a coating of lead and tin applied to certain oil filters;

(c) "Used Oil" means any oil that has been refined from crude oil, or any synthetic oil that has been used as a lubricant, coolant (non-contact heat transfer fluids), hydraulic fluid or for similar uses and as a result of such use is contaminated by physical or chemical impurities. Used oil includes, but is not limited to, used motor oil, gear oil, greases, machine cutting and coolant oils, hydraulic fluids, brake fluids, electrical insulation oils, heat transfer oils and refrigeration oils. Used oil does not include used oil mixed with hazardous waste except as allowed in 40 CFR 279.10(b), oil (crude or synthetic) based products used as solvents, antifreeze, wastewaters from which the oil has been recovered, and oil contaminated media or debris;

(d) "Used Oil Mixture" means any mixture of used oil as generated and another waste.

Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 466.020 & 466.075
Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 13-2003, f. & cert. ef. 10-24-03

340-111-0030

Prohibitions

In addition to the provisions in 40 CFR 279.12, the following provisions shall apply:

(1) The use of used oil as a pesticide is prohibited.

(2) Disposal at a solid waste disposal facility of liquid used oil or used oil purposely mixed with other materials for the purpose of disposal but not including cleanup materials from incidental or accidental spills where the used oil spilled cannot be feasibly recovered as liquid oil is prohibited.

Stat. Auth.: ORS 192ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590, ORS 459A.595 & ORS 466.020
Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0032

Used Oil Storage

In addition to the provisions in 40 CFR 279.22, used oil generators shall comply with sections (1) and (2) of this rule:

(1) Used oil shall be stored following applicable state and local Fire Marshal regulations.

(2) Containers and tanks used to store used oil shall be closed, covered or located under cover to prevent rainwater from coming in contact with the used oil.

Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590, ORS 466.020 & ORS 466.075
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0035

On-Site Burning in Space Heaters

In addition to the provisions in 40 CFR 279.23, used oil generators shall comply with the following: The on-site space heater is operated according to manufacturers specifications.

Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0037

Off-Site Shipments

The provisions in 40 CFR 279.24 (a)(1) and (b)(1) are replaced with the following: The generator transports the used oil in a vehicle owned or leased by the generator or owned by an employee of the generator.

Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590 & ORS 466.020
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0040

Notification

The provisions in 40 CFR 279.42(b), 40 CFR 279.51(b), 40 CFR 279.62(b) and 40 CFR 279.73 are replaced with the following: A used oil transporter, transfer facility, processor/re-refiner, off-specification used oil burner or used oil fuel marketer, who has not received an EPA/DEQ identification number shall obtain one by notifying the agency of their used oil activity by submitting a completed "Notification of Used Oil Activity" Form to the Department.

Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590, ORS 466.020 & ORS 466.075
Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0050

Used Oil Discharges and Releases

In addition to the provisions in 40 CFR 279.43(c)40 CFR 279.45(h)40 CFR 279.54(g) and 40 CFR 279.64(g), the provisions of OAR 340, division 142 are applicable.

Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 466.635
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 13-2003, f. & cert. ef. 10-24-03

340-111-0060

Reporting

The provision in 40 CFR 279.57(b) is replaced by the following: A used oil processor must report to the Department of Environmental Quality by March 1 of each year, on forms provided by the Department, the following information concerning used oil activities during the previous calendar year:

(1) The EPA/DEQ identification number, name, and address of the processor/re-refiner;

(2) The calendar year covered by the report; and

(3) The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific processes employed.

Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590 & ORS 466.020
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94

340-111-0070

Disposal

(1) In addition to provisions under 40 CFR 279.81(b), used oils that are not hazardous wastes and cannot be recycled under Part 279 must be managed according to Oregon solid waste regulations in OAR Chapter 340, Divisions 93 - 97.

(2) In addition to provisions under 279.81, unless permitted pursuant to ORS 468B.050, no person shall dispose of used oil by discharge into sewers, drainage systems, or waters of the state as defined by ORS 468.005(8).

Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.580
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94

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