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 807.09 - Standards for Marketers of Used Oil Being Recycled
Universal Citation: NH Admin Rules Env-Hw 807.09
Current through Register No. 13, March 27, 2025
(a) This section shall apply to all used oil marketers as identified in Env-Hw 807.08.
(b) A used oil marketer shall comply with the following requirements:
(1) A used oil
marketer shall notify the department of used oil management activities by
completing and submitting to the department a notification form obtained from
the department that includes the following:
a. The information specified in
Env-Hw
504.02(a), as applicable;
and
b. A statement signed by the
marketer's authorized representative certifying, as specified in Env-Hw 207,
the information provided on the notification form.
(2) A used oil marketer shall notify the
department of used oil management activities even if the used oil marketer has
previously obtained an EPA identification number for other hazardous waste
management activities;
(3) A
marketer shall perform sampling and analyses in accordance with
Env-Hw
807.05 for the parameters specified in
Env-Hw
807.02 and
Env-Hw
807.03 on used oil being marketed;
(4) A marketer shall assign a unique number
or code to each batch of used oil tested and record the number or code on the
corresponding analytical reports and on the bill of lading or hazardous waste
manifest documenting shipment of that batch;
(5) If a previously tested batch is
subsequently mixed with more used oil, a new number or code shall be assigned
to the consolidated batch and testing shall be repeated prior to
marketing;
(6) A marketer may
market specification or off-specification used oil subject to the following
restrictions:
a. Off-specification used oil
shall be marketed only to rerefiners or to owners and operators of burning
devices identified in
Env-Hw
807.10(b)(4), or to other marketers;
and
b. Specification used oil shall
be marketed only to rerefiners or to owners and operators of burning devices
identified in
Env-Hw
807.10(b)(5), or to other
marketers;
(7) When
initiating a shipment of used oil, a marketer shall use a 3-copy bill of lading
as described in
Env-Hw
807.06(b)(11);
(8) In addition to the information required
by
Env-Hw
807.06(b)(11), a marketer shall
indicate, on the bill of lading, the batch code or number corresponding to the
batch being shipped and whether the oil is specification or off-specification
used oil;
(9) A copy of the
analytical report shall accompany the bill of lading;
(10) The marketer, transporter, and the
receiving facility shall each maintain on file a copy of the bill of
lading;
(11) The following notices
shall be required:
a. Before initiating the
first shipment of used oil to a burner, rerefiner, or other marketer, the
marketer shall obtain a one-time written and signed notice from the recipient
certifying, as specified in Env-Hw 207, that:
1. The recipient of the used oil has notified
the department of the recipient's used oil management activities; and
2. If the recipient is a burner, the
recipient will burn the used oil only in a device that complies with
Env-Hw
807.10; and
b. Before accepting the first shipment of
used oil from another marketer subject to this section, the receiving marketer
shall provide the shipping marketer with a one-time written and signed notice
certifying, as specified in Env-Hw 207, that the receiving marketer has
notified the department of the receiving marketer's used oil management
activities;
(12) A
marketer shall keep the following records on file:
a. A copy of each certification notice that
the marketer receives or sends for 3 years from the date the marketer last
engages in a used oil marketing transaction with the person who sends or
receives the certification notice;
b. Copies of all used oil analysis reports
for 3 years from the date that the oil is marketed to another marketer,
rerefiner, or burner;
c. A copy of
each bill of lading for 3 years from the date of shipment; and
d. An operating log, with the following
information regarding each shipment of used oil fuel, for 3 years from the date
of shipment:
1. The name and address of the
facility receiving the shipment;
2.
The quantity of used oil fuel delivered;
3. The date of shipment or delivery;
and
4. A cross-reference to the
record of the used oil analysis, including the batch code or number;
and
(13) The
3-year record retention period specified in (b)(12), above, shall be extended
automatically while any enforcement action is pending.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; 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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