New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Hw - Hazardous Waste Programs
Chapter Env-Hw 800 - REQUIREMENTS FOR RECYCLING OF HAZARDOUS WASTES
Part Env-Hw 807 - REQUIREMENTS FOR MANAGEMENT OF USED OIL BEING RECYCLED
Section Env-Hw 807.06 - Standards for Generators of Used Oil Being Recycled
Universal Citation: NH Admin Rules Env-Hw 807.06
Current through Register No. 13, March 27, 2025
(a) This section shall apply to:
(1) Any person who generates
used oil that is destined to be burned for energy recovery or re-refined;
and
(2) Any person, including any
municipality, that collects used oil generated as a household waste as
described in (b)(7), below.
(b) A generator who stores used oil on-site shall comply with the following requirements:
(1) The used oil shall be stored in
containers that meet the US DOT container specifications under 49 CFR 173 or in
a structurally sound tank;
(2) Used
oil containers and tanks shall be clearly labeled with the words "Used Oil for
Recycle" at all times during accumulation and storage;
(3) A generator shall ensure that containers
or tanks are closed at all times except when used oil is being added to or
removed from the container or tank;
(4) All tanks and containers shall be
maintained and operated to prevent spillage, seepage, or other discharge of
used oil into storm or sanitary sewers, onto the land, or into groundwater or
surface waters;
(5) Subject to
(b)(7), below, a generator shall conduct an initial used oil determination on
the used oil by analyzing it for all of the parameters specified in
Env-Hw
807.02 and
Env-Hw
807.03, except that a generator may omit the analysis
for PCBs if no sources of PCBs are present in the process generating the used
oil;
(6) The analysis required by
(b)(5), above, shall be repeated whenever the process generating the used oil
changes, or the oil has been mixed with other materials. In cases where used
oils from 2 or more different sources are collected in one container or tank in
proportions that vary over time, the generator shall conduct analyses with
sufficient frequency to ensure that the oil is correctly classified before
being offered for transport;
(7) A
municipality that collects used oil generated as a household waste and a
generator of used oils that are comprised solely of used automotive oils may
omit the initial used oil determination required by (b)(5) and (6), above, if
the municipality or generator ensures that the oil is not mixed with any other
types of oil or wastes. For the purposes of this exemption, automotive oil
means motor, engine, and gear oils, and transmission and brake
fluids;
(8) A generator shall not
mix used oil with any other hazardous waste;
(9) A generator shall deliver used oil to a
facility authorized to accept used oil, or burn the used oil on-site in
accordance with
Env-Hw
807.10;
(10) Subject to (b)(12), below, used oil
shall be transported by duly registered hazardous waste transporters only,
using a 3-copy bill of lading that contains the information specified in
(b)(11), below;
(11) Each bill of
lading for used oil shall include the following information:
a. A shipment number unique to each
shipment;
b. The name and site
address of the generator/shipper, transporter/carrier, and receiving
facility/consignee;
c. The EPA
identification number of:
1. The shipper, if
the shipper is required by Env-Hw 504 to have a number;
2. The transporter; and
3. The receiving facility;
d. The quantity of used oil to be
delivered;
e. The date of shipment
and date of delivery; and
f. A
statement signed by the generator certifying, as specified in Env-Hw 207, that
the used oil:
1. Is destined to be recycled
and is subject to regulation by the department under Env-Hw 807;
2. Is not a hazardous waste fuel as defined
in
Env-Hw
807.04; and
3. Has not been mixed with any other
hazardous wastes identified in Env-Hw 400 or any used oil classified as
hazardous waste fuel under
Env-Hw
807.04;
(12) If specification or off-specification
used oil is being shipped within New Hampshire or to state that requires the
use of a hazardous waste manifest:
a. A
hazardous waste manifest may be used in lieu of a bill of lading; and
b. The NH01 waste code shall not be recorded
on the manifest;
(13)
Generators who market their used oil directly to a burner shall comply with
Env-Hw
807.09;
(14) Generators who burn their own used oil
shall comply with
Env-Hw
807.10; and
(15) Generators shall maintain on file copies
of:
a. All bills of lading for 3 years from
the date of shipment; and
b. Used
oil analyses for 3 years from the date that the used oil was last generated,
stored, or burned on site.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09
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