Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Applicability.
Except as provided in this subpart, this part applies to all
used oil transporters.
A. This part
does not apply to on-site transportation of used oil.
B. This part does not apply to generators who
transport shipments of used oil in accordance with part
7045.0855, subpart
4, item A.
C. This part does not apply to transportation
of do-it-yourselfer used oil to a regulated used oil generator, collection
center, aggregation point, processor/rerefiner, or burner subject to the
requirements of parts
7045.0790 to
7045.0990. Except as provided in
items A and B, this part does apply to transportation of collected
do-it-yourselfer used oil from regulated used oil generators, collection
centers, aggregation points, or other facilities where do-it-yourselfer used
oil is collected.
Subp.
2.
Imports and exports.
Transporters who import used oil from abroad or export used
oil outside of the United States are subject to the requirements of this part
from the time the used oil enters and until the time it exits the United
States.
Subp. 3.
Trucks used to transport hazardous waste.
Unless trucks previously used to transport hazardous waste
are emptied as described in part
7045.0127 prior to transporting
used oil, the used oil is considered to have been mixed with a hazardous waste
and the used oil transporter must manage the mixture as a hazardous waste
unless, under the provisions of part
7045.0800, the mixture is
determined not to be hazardous waste.
Subp. 4.
Restrictions on transporters
who are not also processors or rerefiners.
A. Used oil transporters may consolidate or
aggregate loads of used oil for purposes of transportation. However, except as
provided in items B and C, used oil transporters must not process used oil
unless they also comply with the requirements for processors/rerefiners in part
7045.0875.
B. Transporters may conduct incidental
processing operations that occur in the normal course of used oil
transportation (for example, settling, particulate filtering, and water
separation), but shall not conduct processing operations that are designed to
produce or make used oil more amenable for the production of used oil-derived
products.
C. Transporters may
remove used oil from oil-bearing electrical transformers and turbines and
filter the used oil at the site of generation or at a transfer facility prior
to returning the used oil to its original use.
Subp. 5.
Notification.
Used oil transporters who have not notified the United States
Environmental Protection Agency that they are transporters of used oil must
submit a completed EPA form 8700-12 to EPA indicating their used oil
transportation activities.
Subp.
6.
Used oil transportation.
A. A used oil transporter must deliver all
used oil received to either another used oil transporter with an identification
number, a used oil processor/rerefiner with an identification number, an
off-specification used oil burner facility with an identification number, or an
on-specification used oil burner facility.
B. Used oil transporters must comply with all
applicable requirements under the United States Department of Transportation
regulations in Code of Federal Regulations, title 49, parts 171 to 180, as
amended. Persons transporting used oil that meets the definition of a hazardous
material in Code of Federal Regulations, title 49, section 171.8, must comply
with all applicable regulations in Code of Federal Regulations, title 49, parts
171 to 180, as amended.
Subp.
7.
Used oil discharges.
A. Transporters who transport more than
10,000 gallons of used oil per month are subject to the requirements of
Minnesota Statutes, chapter 115E, for preparedness to respond to
discharges.
B. In the event of a
discharge of used oil during transportation, the transporter must take
appropriate immediate action to protect human health and the environment (for
example, notify local authorities, dike the discharge area). Used oil
transporters are subject to the requirements of Minnesota Statutes, section
115.061,
and chapter 115E. In the event of a discharge of more than five gallons of used
oil during transportation, the transporter must report the discharge to the
state duty officer at (651) 649-5451 or (800) 422-0798.
C. If a discharge of used oil occurs during
transportation and a government official acting within the scope of official
responsibilities determines that immediate removal of the used oil is necessary
to protect human health or the environment, that official may authorize the
removal of the used oil by transporters who do not have identification
numbers.
D. An air, rail, highway,
or water transporter who has discharged used oil must give notice, if required
by Code of Federal Regulations, title 49, section
171.15,
as amended, to the National Response Center (800) 424-8802, and report in
writing as required by Code of Federal Regulations, title 49, section
171.16,
as amended, to the Information Systems Manager, PHH-63, Pipeline and Hazardous
Materials Safety Administration, Department of Transportation, Washington, D.C.
20590-0001, or submit an electronic hazardous materials incident report to the
Information Systems Manager, DHM-63, Pipeline and Hazardous Materials Safety
Administration, Department of Transportation, Washington, D.C. 20590-0001 at
http://hazmat.dot.gov.
E. A water
transporter who has discharged used oil must give notice as required by Code of
Federal Regulations, title 33, section 153.203, as amended.
F. A transporter must clean any used oil
discharge that occurs during transportation or take such actions as may be
required or approved by federal, state, or local officials so that the used oil
discharge no longer presents a hazard to human health or the
environment.
Subp. 8.
Rebuttable presumption for used oil.
A. To ensure that used oil is not a hazardous
waste under the rebuttable presumption of part
7045.0800, subpart
3, the used oil transporter
must determine whether the total halogen content of used oil being transported
or stored at a transfer facility is above or below 1,000 ppm, unless the used
oil is exempt from the rebuttable presumption by part
7045.0800, subpart
3, items A and
B.
B. The transporter must make this
determination by testing the used oil, or by applying knowledge of the halogen
content of the used oil in light of the materials or processes used in
generating the used oil.
C. If the
used oil contains at least 1,000 ppm total halogens, it is presumed to be a
hazardous waste because it has been mixed with halogenated hazardous waste
listed in part
7045.0135. The owner or operator
may rebut the presumption by demonstrating that the used oil does not contain
hazardous waste as allowed for in part
7045.0800, subpart
3.
D. The transporter must maintain records of
analyses conducted or information used to comply with items A to C for at least
three years.
Subp. 9.
Used oil storage at transfer facilities.
This subpart applies to used oil transfer facilities where
used oil is stored for more than 24 hours and no more than 35 days. Transfer
facilities where used oil is stored for more than 35 days are subject to
regulation under part
7045.0875.
A. Used oil transporters shall comply with
all applicable spill prevention, control, and countermeasures requirements of
Code of Federal Regulations, title 40, part 112, as amended, in addition to the
requirements of this part. Used oil transporters shall also comply with the
underground storage tank standards of chapter 7150 for used oil stored in
underground tanks, whether or not the used oil exhibits any characteristic of
hazardous waste, in addition to the requirements of this part.
B. Used oil transporters who store used oil
in aboveground tanks are subject to chapter 7151, in addition to the
requirements of this part. Used oil transporters who store at least 10,000
gallons of used oil at one time are subject to the requirements of Minnesota
Statutes, chapter 115E, to prepare and maintain a discharge prevention and
response plan, in addition to the requirements of this part. All used oil
transporters shall comply with the storage and use requirements of the
Minnesota State Fire Code, chapter 7510, in addition to the requirements of
this part.
C. Used oil transporters
shall not store used oil in units other than containers or tanks and shall
ensure that the following requirements for containers and tanks are met.
Containers and tanks used to store used oil at transfer facilities must be in
good condition, not leaking, and closed. Containers must be equipped with a
secondary containment system consisting of dikes, berms, or retaining walls and
a floor that covers the entire area within the dikes, berms, or retaining
walls, or an equivalent secondary containment system. The entire containment
system, including walls and floors, must 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. Containers,
aboveground tanks, and fill pipes of underground tanks used to store used oil
at transfer facilities must be marked with the words "Used Oil." Aboveground
tanks used to store used oil at transfer facilities may also be subject to the
secondary containment requirements and other requirements in chapter
7151.
D. Upon detection of a
release of used oil to the environment not subject to the requirements of Code
of Federal Regulations, title 40, part 280, subpart F, as amended, a
transporter must stop the release, contain the released used oil, clean up, and
manage properly the released used oil and other materials contaminated with
used oil, and repair or replace any leaking used oil storage equipment prior to
returning it to service to prevent future releases. A transporter who
discharges more than five gallons of used oil is subject to the notification
requirements of Minnesota Statutes, section
115.061.
Subp. 10.
Tracking.
Used oil transporters must maintain the records listed in
this subpart for at least three years. Upon request of the commissioner, the
transporter must supply information regarding the amount of used oil collected
in the previous calendar year.
A. Used
oil transporters must keep a record of each used oil shipment accepted for
transport. Records for each shipment must include: the name, address, and
identification number of the generator, transporter, or processor/rerefiner who
provided the used oil for transport; the quantity of used oil accepted; the
date of acceptance; and, except for intermediate rail transporters, the
signature, dated upon receipt of the used oil, of a representative of the
generator, transporter, or processor/rerefiner who provided the used oil for
transport.
B. Used oil transporters
must keep a record of each shipment of used oil that is delivered to another
used oil transporter, or to a used oil burner, processor/rerefiner. Records of
each delivery must include: the name and address of the receiving facility or
transporter; the identification number of the receiving facility or
transporter; the quantity of used oil delivered; the date of delivery; and,
except for intermediate rail transporters, the signature, dated upon receipt of
the used oil, of a representative of the receiving facility or
transporter.
C. Used oil
transporters must maintain the records described in item B for each shipment of
used oil to any foreign country.
Subp. 11.
Receipts.
Used oil transporters must provide receipts to all parties
from which they accept used oil. The receipts must clearly indicate the name,
address, and identification number of the transporter, the date of acceptance,
and the quantity of used oil accepted.
Subp. 12.
Management of
residues.
Transporters who generate residues from the storage or
transport of used oil must manage the residues as specified in part
7045.0815.
Subp. 13.
Closure.
A. Owners and operators who store or process
used oil in aboveground tanks must, at closure of the tank system, remove or
decontaminate 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 parts
7045.0102 to
7045.0155. If the owner or
operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in this item, then the owner or operator
must close the tank system and perform postclosure care in accordance with the
closure and postclosure care requirements of part
7045.0638, subpart
4, that apply to hazardous
waste landfills.
B. Owners and
operators who store used oil in containers must, at closure, remove containers
holding used oils or residues of used oil from the site. The owner or operator
must 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 parts
7045.0102 to
7045.0155.
Subp. 14.
Other applicable
provisions.
Used oil transporters who conduct the following activities
are also subject to other applicable provisions of this part as indicated in
items A to D.
A. Transporters who
generate used oil must also comply with part
7045.0855.
B. Transporters who process or rerefine used
oil, except as provided in subpart
4, must also comply with part
7045.0875.
C. Transporters who burn off-specification
used oil for energy recovery must also comply with part
7045.0885.
D. Transporters who direct shipments of
off-specification used oil from their facility to a used oil burner or first
claim that the used oil that is to be burned meets the used oil fuel
specifications in part
7045.0840 must also comply with
part
7045.0895.
Statutory Authority: MS s
116.07
