1.1 APPLICABILITY
This section identifies those materials that are subject to
regulation as used oil under R315-15. This section also identifies some
materials that are not subject to regulation as used oil under R315-15, and
indicates whether these materials may be a hazardous waste as defined under
R315-261.
(a) Used oil. It is presumed
that used oil is to be recycled unless a used oil handler disposes of used oil
or sends used oil for disposal. Except as provided in R315-15-1.2, the
requirements of R315-15 apply to used oil, and to materials identified in this
section as being subject to regulation as used oil, whether or not the used oil
or material exhibits any characteristics of hazardous waste identified in
R315-261-20
through 24.
(b) Mixtures of used
oil and hazardous waste.
(1) Listed hazardous
waste.
(i) Mixtures of used oil and hazardous
waste which are listed in
R315-261-30
through 33 and 35 are subject to regulation as hazardous waste under R315-261
rather than as used oil under R315-15.
(ii) Rebuttable presumption for used oil.
Used oil containing more than 1,000 ppm total halogens is presumed to be a
hazardous waste because it has been mixed with halogenated hazardous waste
listed in
R315-261-30
through 33 and 35. A person may rebut this presumption by demonstrating that
the used oil does not contain hazardous waste, for example, by using an
analytical method from SW-846, Edition III, Update IV to show that the used oil
does not contain significant concentrations of halogenated hazardous
constituents listed in R315-261, Appendix VIII.
(A) The rebuttable presumption does not apply
to metalworking oils/fluids containing chlorinated paraffins, if they are
processed, through a tolling arrangement as described in R315-15-2.5(c), to
reclaim metalworking oils/fluids. The presumption does apply to metalworking
oils/fluids if such oils/fluids are recycled in any other manner, or
disposed.
(B) The rebuttable
presumption does not apply to used oils contaminated with chlorofluorocarbons
(CFCs) removed from refrigeration units where the CFCs are destined for
reclamation. The rebuttable presumption does apply to used oils contaminated
with CFCs that have been mixed with used oil from sources other than
refrigeration units.
(2) Characteristic hazardous waste. A mixture
of used oil and hazardous waste that solely exhibits one or more of the
hazardous waste characteristics identified in
R315-261-20
through 24 and a mixtures of used oil and hazardous waste that is listed in
R315-261-30
through 33 and 35 solely because it exhibits one or more of the characteristics
of hazardous waste identified in
R315-261-20
through 24 are subject to:
(i) Except as
provided in R315-15-1(b)(2)(iii), regulation as hazardous waste under R315-260
through 266, 268, 270, and 273 rather than as used oil under R315-15, if the
resultant mixture exhibits any characteristics of hazardous waste identified in
R315-261-20
through 24; or
(ii) Except as
specified in R315-15-1.1(b)(2)(iii), regulation as used oil under R315-15, if
the resultant mixture does not exhibit any characteristics of hazardous waste
identified under
R315-261-20
through 24.
(iii) Regulation as
used oil under R315-15, if the mixture is of used oil and a waste which is
hazardous solely because it exhibits the characteristic of ignitability, e.g.,
mineral spirits, provided that the mixture does not exhibit the characteristic
of ignitability under
R315-261-21.
(3) Very small quantity generator
hazardous waste. Mixtures of used oil and very small quantity generator
hazardous waste regulated under Section R315-262-14 are subject to regulation
as used oil under R315-15.
(c) Materials containing or otherwise
contaminated with used oil.
(1) Except as
provided in R315-15-1.1(c)(2) materials containing or otherwise contaminated
with used oil from which the used oil has been properly drained or removed to
the extent possible such that no visible signs of free-flowing oil remain in or
on the material:
(i) Are not used oil and
thus not subject to R315-15, and
(ii) If applicable, are subject to the
hazardous waste regulations R315-260 through 266, 268, 270, and 273, and
R315-101 and 102.
(2)
Materials containing or otherwise contaminated with used oil that are burned
for energy recovery are subject to regulation as used oil under
R315-15.
(3) Used oil drained or
removed from materials containing or otherwise contaminated with used oil is
subject to regulation as used oil under R315-15.
(d) Mixtures of used oil with products.
(1) Except as provided in (d)(2) mixtures of
used oil and fuels or other fuel products are subject to regulation as used oil
under R315-15.
(2) Mixtures of used
oil and diesel fuel mixed on site by the generator of the used oil for use in
the generator's own vehicles are not subject to R315-15 after the used oil and
diesel fuel have been mixed. Prior to mixing, the used oil is subject to the
requirements of
R315-15-2.
(e) Materials derived from used
oil.
(1) Materials that are reclaimed from
used oil that are used beneficially and are not burned for energy recovery or
used in a manner constituting disposal, e.g., re-refined lubricants, are:
(i) Not used oil and thus are not subject to
R315-15, and
(ii) Not solid wastes
and are thus not subject to the hazardous waste regulations of R315-260 through
266, 268, 270, and 273 as provided in
R315-261-3(c)(2)(i).
(2) Materials produced from used
oil that are burned for energy recovery, e.g., used oil fuels, are subject to
regulation as used oil under R315-15.
(3) Except as provided in R315-15.1.1(e)(4),
materials derived from used oil that are disposed of or used in a manner
constituting disposal are:
(i) Not used oil
and thus are not subject to R315-15, and
(ii) Are solid wastes and thus are subject to
the hazardous waste regulations R315-260 through 266, 268, 270, and 273 if the
materials are listed or identified as hazardous wastes.
(4) Used oil re-refining distillation bottoms
that are used as feedstock to manufacture asphalt products are not subject to
R315-15.
(f) Wastewater.
Wastewater contaminated with de minimis quantities of used oil, the discharge
of which is subject to regulation under either section 402 or section 307(b) of
the Clean Water Act, including wastewaters at facilities that have eliminated
the discharge of wastewater, are not subject to the requirements of Rule
R315-15. For purposes of this paragraph only, "de minimis" quantities of used
oils are defined as small spills, leaks, or drippings from pumps, machinery,
pipes, and other similar equipment during normal operations or small amounts of
oil lost to the wastewater treatment system during washing or draining
operations. This exception does not apply if the used oil is discarded as a
result of abnormal manufacturing operations resulting in substantial leaks,
spills, or other releases, or to used oil recovered from wastewaters.
(g) Used oil introduced into crude oil
pipelines or a petroleum refining facility.
(1) Used oil mixed with crude oil or natural
gas liquids, e.g., in a production separator or crude oil stock tank, for
insertion into a crude oil pipeline is exempt from the requirements of R315-15.
The used oil is subject to the requirements of R315-15 prior to the mixing of
used oil with crude oil or natural gas liquids.
(2) Mixtures of used oil and crude oil or
natural gas liquids containing less than 1% used oil that are being stored or
transported to a crude oil pipeline or petroleum refining facility for
insertion into the refining process at a point prior to crude distillation or
catalytic cracking are exempt from the requirements of R315-15.
(3) Used oil that is inserted into the
petroleum refining facility process before crude distillation or catalytic
cracking without prior mixing with crude oil is exempt from the requirements of
R315-15, provided that the used oil constitutes less than 1% of the crude oil
feed to any petroleum refining facility process unit at any given time. Prior
to insertion into the petroleum refining facility process, the used oil is
subject to the requirements of R315-15.
(4) Except as provided in R315-15-1.1(g)(5),
used oil that is introduced into a petroleum refining facility process after
crude distillation or catalytic cracking is exempt from the requirements of
R315-15 only if the used oil meets the specification of R315-15-1.2. Prior to
insertion into the petroleum refining facility process, the used oil is subject
to the requirements of R315-15.
(5)
Used oil that is incidentally captured by a hydrocarbon recovery system or
wastewater treatment system as part of routine process operations at a
petroleum refining facility and inserted into the petroleum refining facility
process is exempt from the requirements of R315-15. This exemption does not
extend to used oil that is intentionally introduced into a hydrocarbon recovery
system, e.g., by pouring collected used oil into the waste water treatment
system.
(6) Tank bottoms from stock
tanks containing exempt mixtures of used oil and crude oil or natural gas
liquids are exempt from the requirements of R315-15.
(h) Used oil on vessels. Used oil produced on
vessels from normal shipboard operations is not subject to Rule R315-15 until
it is transported ashore.
(i) Used
oil containing PCBs. In addition to the requirements of R315-15, marketers and
burners of used oil who market used oil containing PCBs at concentrations
greater than or equal to 2 ppm are subject to the requirements found in
R315-15-18
and
40 CFR
761.20(e).
(j) Inspections. Any duly authorized employee
of the Director, may, at any reasonable time and upon presentation of
credentials, have access to and the right to copy any records relating to used
oil, and inspect, audit, or sample. Any authorized employee obtaining samples
shall give to the owner, operator or agent a receipt describing the sample
obtained and, if requested, a portion of each sample of waste equal in volume
or weight to the portion retained. The employee may also make record of the
inspection by photographic, electronic, audio, video, or any other reasonable
means.
(k) Violations, Orders, and
Hearings. If the Director has reason to believe a person is in violation of any
provision of R315-15, procedural requirements for compliance shall follow Utah
Code Annotated
19-6-721
and Utah Administrative Code R305-7.
1.2 USED OIL SPECIFICATIONS
Used oil burned for energy recovery, and any fuel produced
from used oil by processing, blending, or other treatment, is subject to
regulation under R315-15 until:
(a) It
has been demonstrated not to exceed any allowable levels of the constituents
and properties shown in Table 1;
(b) The person making that claim complies
with R315-15-7.3, R315-15-7.4, and R315-15-7.5(b); and
(c) The used oil is delivered to a used oil
burner.
TABLE 1
USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL IS NOT SUBJECT TO
R315-15-6
WHEN BURNED FOR ENERGY RECOVERY(1)
Constituent/property
|
Allowable level
|
Arsenic
|
5 ppm maximum
|
Cadmium
|
2 ppm maximum
|
Chromium
|
10 ppm maximum
|
Lead
|
100 ppm maximum
|
Flash point
|
100 degrees F minimum
|
Total halogens
|
4,000 ppm maximum(2)
|
(1) The
allowable levels in Table 1 do not apply to mixtures of used oil and hazardous
waste that continue to be regulated as hazardous waste. See
R315-15-1.1(b).
(2) Used oil
containing more than 1,000 ppm total halogens is presumed to be a hazardous
waste under the rebuttable presumption described in R315-15-1.1(b)(1). Such
used oil is subject to
R315-266-100
through 112, rather than R315-15 when burned for energy recovery unless the
presumption of mixing can be successfully rebutted.
Note: Applicable standards for the marketing and burning of
used oil containing any quantifiable level (2 ppm) of PCBs are found in
40 CFR
761.20(e), 2013 edition,
incorporated by reference, and
R315-15-18.
Prohibition of PCB oil dilution is described in
40
CFR 279.10 and 40 CFR 761.20(e).
1.3
PROHIBITIONS
Except as authorized by the Director, a person may not place,
discard, or otherwise dispose of used oil in any of the following
manners:
(a) Surface impoundment and
waste piles. Used oil shall not be managed in surface impoundments or waste
piles unless the units are subject to regulation under R315-264 or
R315-265.
(b) Use as a dust
suppressant, weed suppressant, or for road oiling. The use of used oil as a
dust suppressant, weed suppressant, or for road oiling or other similar use is
prohibited. Any disposal of used oil on the ground is prohibited under Utah
Code Annotated
19-6-706(1)(a)(iii).
(c) A person may not mix or commingle used
oil with the following substances, except as incidental to the normal course of
processing, mechanical, or industrial operations:
(1) Solid waste that is to be disposed of in
any solid waste treatment, storage, or disposal facility, except as authorized
by the Director; or
(2) Any
hazardous waste so the resulting mixture may not be recycled or used for other
beneficial purpose as authorized under R315-15.
(d) Used oil shall not be disposed in a solid
waste treatment, storage, or disposal facility, except for the disposal of
hazardous used oil as authorized under R315-261.
(e) Used oil shall not be disposed in sewers,
drainage systems, septic tanks, surface or ground waters, watercourses, or any
body of water.
1.4
BURNING IN PARTICULAR UNITS
Burning in particular units. Off-specification used oil fuel
may be burned for energy recovery only in the devices described in
R315-15-6.2(a).
1.5
DISPOSAL OF DE MINIMIS USED OIL
(a)
R315-15-1.3 does not apply to release of de minimis quantities of used oil
identified under Utah Code Annotated
19-6-706(4)(a)
except for the requirements of
19-6-706(i)
and (ii).
(b) A person may dispose of an item or
substance that contains de minimis amounts of oil in disposal facilities in
accordance with Utah Code Annotated
19-6-706(2)
(a) if:
(1)
To the extent that all oil has been reasonably removed from the item or
substance; and
(2) No free flowing
oil remains in the item or substance.
1.6 USED OIL FILTERS
(a) Disposal of Used Oil Filters. A person
may dispose of a nonterne plated used oil filter as a non-hazardous solid waste
when that filter is gravity hot-drained by one of the methods described in
R315-15-1.6(b) and is not mixed with hazardous waste defined in
R315-261.
(b) "Gravity hot-drained"
means drained for not less than 12 hours near operating temperature but above
60 degrees Fahrenheit. A nonterne used oil filter is a container of used oil
and is subject to R315-15 until it is gravity hot-drained by one of the
following methods:
(1) puncturing the filter
anti-drain back valve or the filter dome end and gravity
hot-draining;
(2) gravity
hot-draining and crushing;
(3)
dismantling and gravity hot-draining; or
(4) any other equivalent gravity hot-draining
method authorized by the Director that will remove used oil from the filter at
least as effectively as the methods listed in R315-15-1.6(b)(1) through (3).
1.7
DEFINITIONS
(a) Definitions of terms used in
R315-15 are found in: R315-15-1.7(b) through (h) and R315-260.
(b) The term "de minimis quantities of used
oil" defined in Utah Code Annotated
19-6-706(4)(b),
and
19-6-708(3)(a)
means small spills, leaks, or drippings from pumps, machinery, pipes, and other
similar equipment during normal operations and does not apply to used oil
discarded as a result of abnormal operations resulting in substantial leaks,
spills, or other releases. Nor does it apply to accumulations of quantities of
used oil that pose a potential threat to human health or the
environment.
(c) "Financial
responsibility" means the mechanism by which a person who has a financial
obligation satisfies that obligation.
(d) "Used oil" means any oil, refined from
crude oil or synthetic oil, that has been used and as a result of that use is
contaminated by physical or chemical impurities. Used oil includes engine oil,
transmission fluid, compressor oils, metalworking oils, hydraulic oil, brake
fluid, oils used as buoyants, lubricating greases, electrical insulating, and
dialectic oils.
(e)
"Polychlorinated biphenyl (PCB)" means any chemical substance that is limited
to the biphenyl molecule that has been chlorinated to varying degrees or any
combination of substances which contains such substance.
(f) "On-specification used oil" means used
oil that does not exceed levels of constituents and properties specified in
R315-15-1.2.
(g) "Off-specification
used oil" means used oil that exceeds levels of constituents and properties
specified in R315-15-1.2.
(h)
"Parts per million (ppm)" means a weight-per-weight ratio used to describe
concentrations. Parts per million (ppm) is the number of units of mass of a
contaminant per million units of total mass (e.g., micrograms per gram).
1.8 LABORATORY ANALYSES
Laboratory analyses used to satisfy the requirements of
R315-15 shall be performed by a laboratory that holds a current Utah
Certification for environmental laboratories issued by the Utah Department of
Health, Laboratory Improvement under R444-14 Utah Administrative Code. The
laboratory shall be certified for the method(s) and analyte(s) applied to
generate the environmental data.