Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) CalRecycle shall consider certifying any used oil recycling facility in California, as defined in Section 48624 of the Public Resources Code. Upon application, CalRecycle shall consider registering any used oil recycling facilities outside of California that meet the requirements as described in Section 48662(b) of the Public Resources Code. Upon application, CalRecycle shall consider certifying any used oil rerefining facilities that meet the requirements as described in Section 48662(c) of the Public Resources Code.
(b) All out-of-state facilities must submit the following information in order to become registered or certified with CalRecycle:
(1) Name, address, and EPA identification number of facility;
(2) Name and address of the company that owns the facility, if different from facility;
(3) Full name, phone number, and e-mail address of a contact person for facility;
(4) Name of enforcement agency responsible for enforcing Part 279 of Title 40 of the Code of Federal Regulations;
(5) Full name, phone number, and e-mail address of contact person for enforcement agency;
(6) Declaration that the following conditions are met:
(A) The facility is operating within substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations (Part 279).
(B) The facility will provide the Department and CalRecycle, upon request, with a copy of any inspection report and any related documents issued for the facility by the Enforcement Agency identified above;
(C) If approved for registration, the facility will issue to CalRecycle quarterly reports identifying the amount of California used oil received and the resultant amount of recycled oil produced;
(D) In the event any of the above conditions are no longer true, the facility will immediately notify CalRecycle;
(E) The individual signing the application has the authority to make this declaration and to contractually bind the facility;
(7) The application shall be signed by an individual who has the authority to make the declarations outlined in Section (6) above, under penalty of perjury;
(c) All used oil re-refining facilities must submit the following information in order to become certified with CalRecycle:
(1) Name, address, and EPA Identification Number of the facility;
(2) Name and address of the company that owns the facility, if different from facility;
(3) Full name, phone number, and e-mail address of contact person for the facility;
(4) Name of the enforcement agency responsible for enforcing Part 279 of Title 40 of the Code of Federal Regulations;
(5) Full name, phone number, and e-mail address of a contact person for the enforcement agency;
(6) Declaration that the following conditions are met:
(A) The facility produces rerefined base lubricant meeting the specifications of Section 48620.2(a) of the Public Resources Code;
(B) If approved for Certification, the facility will issue to CalRecycle quarterly reports identifying the amount of California used oil received and the resultant amount of recycled oil produced;
(C) If the facility is located outside of California, the following conditions must also be met:
1. The facility is operating within substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations (Part 279).
2. The facility will annually certify in writing to CalRecycle, under penalty of perjury, that it substantially meets the requirements in PRC section 48662(c)(2);
3. The facility has entered into an agreement with the Department pursuant to PRC section 48662(f); and
4. The facility will provide the Department and CalRecycle, upon request, with a copy of any inspection report and any related documents issued for the facility by the Enforcement Agency per PRC section 48662(b).
(E) In the event any of the above conditions are no longer true, the facility will immediately notify CalRecycle; and
(F) The individual signing the certification application has the authority to make this declaration and to contractually bind the facility.
(7) The certification application shall be signed by an individual who has the authority to make the declarations, under penalty of perjury.
(d) If an application for rerefiner certification is approved, the applicant will receive written notice, a certification number, and a certificate.
(e) If registration or certification is denied, CalRecycle will notify the applicant of the reason(s) for denial. If CalRecycle denies registration or certification, the facility may appeal that decision within thirty (30) calendar days after the date of the denial notification. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial notification shall be denied without consideration of the appeal.
(1) A written appeal shall include, at minimum, the following information:
(A) The facility's name and location;
(B) The type of certification or registration denied;
(C) The date on the notification from CalRecycle and the stated reasons for denial;
(D) A statement of the basis for objecting to the denial; and
(E) Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for denial and any additional relevant information presented by the applicant or CalRecycle staff.
(2) CalRecycle will notify the appealing party of its determination, in writing, within twenty (20) calendar days of its receipt of the appeal.
(f) If an application for registration or certification is denied, the applicant may re-apply, and CalRecycle may approve the new application if it determines that the facility meets the registration or certification standards as described above.
1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Editorial correction adding HISTORY 2 (Register 95, No. 19).
4. Amendment of section heading and section filed 5-8-2017; operative 7-1-2017 (Register 2017, No. 19).
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48624 and 48662, Public Resources Code.
