Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Definitions.
The definitions in this subpart apply to this part.
A. "Used oil filter broker" means any person
or business who accepts used oil filters from used oil filter transporters for
purposes of sending used oil filters to a used oil filter recycling
intermediary or recycler.
B. "Used
oil filter transporter" means any person or business who transports used oil
filters directly from used oil filter generators for the purposes of sending
the used oil filters to a used oil filter recycling intermediary or recycler.
Scrap metal collectors who incidentally receive small amounts of used oil
filters with other scrap metal they collect are not considered used oil filter
collectors.
C. "Used oil filter
processor" means a person or business who accepts used oil filters from used
oil filter generators, brokers, or transporters for purposes of making the
filters more amenable for recycling.
D. "Used oil filter recycler" means any
person or business that accepts used oil filters and through some process
transforms them into a recycled product.
E. "Used oil filter recycling intermediary"
means a used oil filter broker or processor.
Subp. 2.
General requirements.
No person shall dispose of used oil filters or portions of
used oil filters in solid waste or in or on the land. Used oil filter brokers,
transporters, processors, recyclers, and generators are subject to regulation
under this part and must ensure that used oil filters and portions of used oil
filters are managed as specified in this subpart.
Unless disposed of as hazardous waste, used oil filters and
portions of used oil filters must be recycled either by scrap metal recycling
or burning for energy recovery. Used oil filters and portions of used oil
filters may be recycled under the scrap metal exemption of part
7045.0125, subpart
4, item C, if they meet the
definition of scrap metal. Used oil filters and portions of used oil filters
that meet the definition of scrap metal may be burned for energy recovery under
part
7045.0805, item A, provided that
the scrap metal portion of the used oil filters is recovered and recycled. Used
oil filters and portions of used oil filters which do not meet the definition
of scrap metal may be burned for energy recovery under part
7045.0805, item A.
Subp. 3.
Requirements for
generators.
A. Used oil filter
generators must store used oil filters in closed, leakproof containers labeled
with the words "Used Oil Filters."
B. Used oil filter generators burning used
oil filters or portions of used oil filters on-site must comply with part
7045.0855, subpart
3.
C. Off-site shipments:
(1) Used oil filter generators must ensure
that used oil filters are not in a condition to readily release any
free-flowing oil when they leave the generator site.
(2) Used oil filter generators may transport
used oil filters that they generate to another site owned by the generator or
to a used oil filter processor, recycler, transporter, or broker, in their own
vehicles without meeting the requirements of subpart
4. Used oil filter generators
transporting their own used oil filters must ensure that used oil and used oil
filters do not escape from the containers used during transport. Used oil
filter generators must keep records of all shipments of used oil filters from
their sites, including the date of the shipment, the quantity of used oil
filters shipped, and the facility to which the used oil filters were delivered.
These records must be kept at the site for at least three years after the date
of shipment.
(3) Used oil filter
generators must only allow used oil filters to be taken off-site by used oil
filter transporters that are licensed by the commissioner to transport used oil
filters under subpart
4, or by scrap metal
collectors as specified in subpart
4. Used oil filter generators
must keep records of all shipments of used oil filters from their sites,
including the name, address, and license number of the transporter, the date of
the shipment, and the quantity of used oil filters shipped. Used oil filter
generators must keep these records at the site for at least three years after
the date of shipment.
Subp. 4.
Requirements for used oil
filter transporters.
A. Storage and
transportation:
(1) Used oil filter
transporters must store and transport used oil filters in leakproof containers
labeled with the words "Used Oil Filters." The containers must be closed or
otherwise covered to prevent precipitation from entering the container and to
prevent used oil filters and used oil from exiting the container during
transport and storage.
(2) Used oil
filter transporters may only send used oil filters to used oil filter recycling
intermediaries or recyclers. Used oil filter transporters must send at least 75
percent of the used oil filters they take possession of each year for
recycling.
B. Record
keeping and receipts:
(1) Used oil filter
transporters must keep records of each volume of used oil filters they accept,
including the name and address of the company offering the used oil filters,
the date of shipment, and the quantity of the shipment. Used oil filter
transporters must give a receipt to used oil filter generators containing the
above information, the used oil filter transporter's name and used oil filter
transporter license number, and a signed certification that the used oil filter
transporter will ensure that the used oil filters they are accepting will be
recycled.
(2) Used oil filter
transporters must keep records of each volume of used oil filters they deliver
to a used oil filter broker, processor, or recycler. These records must include
the name and address of the facility receiving the used oil filters, the date
of receipt, and the volume of used oil filters delivered.
C. Used oil filter transporters that generate
used oil from their operations must comply with parts
7045.0805 and
7045.0855, as
applicable.
Subp. 5.
Requirements for used oil filter brokers, processors, and
recyclers.
A. Used oil filter brokers,
processors, and recyclers must ensure that used oil filters they manage are
stored, processed, and handled in a manner which prevents used oil from
entering the environment. Used oil filter brokers, processors, and recyclers
must store and transport used oil filters in leakproof containers labeled with
the words "Used Oil Filters." The containers must be closed or otherwise
covered to prevent precipitation from entering the container and to prevent
used oil filters and used oil from exiting the containers during transport and
storage. Used oil filters stored in units other than containers must not leak
used oil into the environment and must be protected from
precipitation.
B. Used oil filter
transporters must send at least 75 percent of the used oil filters they take
possession of each year for recycling.
C. Used oil filter brokers, processors, and
recyclers that generate used oil or waste contaminated with used oil from their
used oil filter management activities are subject to the requirements of parts
7045.0805 and
7045.0855, as
applicable.
D. Used oil filter
brokers and processors may only send used oil filters to used oil filter
brokers, processors, or recyclers.
Statutory Authority: MS s
116.07