Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-15 - Standards for the Management of Used Oil
Section R315-15-13 - Registration and Permitting of Used Oil Handlers
Universal Citation: UT Admin Code R 315-15-13
Current through Bulletin 2024-06, March 15, 2024
13.1 DO-IT-YOURSELFER USED OIL COLLECTION CENTERS TYPES A AND B
(a) Applicability. A
person may not operate a do-it-yourselfer (DIYer) Type A or B used oil
collection center without holding a registration number issued by the
Director.
(b) General. The
application for a registration number shall include the following information
regarding the DIYer used oil collection center:
(1) the name and address of the
operator;
(2) the location of the
center;
(3) the type of storage and
secondary containment to be used;
(4) the status of the business, zoning, or
other licenses and permits if required by federal, state and local governmental
entities;
(5) a spill containment
plan in the event of a release of used oil; and
(6) proof of insurance or other means of
financial responsibility for liabilities that may be incurred in collecting or
storing used oil.
(c)
Waiver of proof of insurance or other means of financial responsibility for
liabilities that may be incurred in collecting or storing used oil. In
accordance with Utah Annotated
19-6-710,
the Director may waive the requirement of proof of liability insurance or other
means of financial responsibility if the following criteria are satisfied:
(1) The used oil storage tank or container is
in good condition with no severe rusting, apparent structural defects or
deterioration, and no visible leaks;
(2) There is adequate secondary containment
for the tank or container that is impervious to used oil to prevent any used
oil released into the secondary containment system from migrating out of the
system to the soil, groundwater or surface water;
(3) The storage tank or container is clearly
labeled with the words "Used Oil;"
(4) DIYer log entries are complete including
the name and address of the generator, date and quantity of used oil
received;
(5) EPA-approved test
kits for total halogens are readily available and operators are trained to
perform halogen tests on any used oil received that may have been mixed with
hazardous waste; and
(6) Oil
sorbent material is readily available on site for immediate clean-up of
spills.
(d) Changes in
information. The owner or operator of the facility shall notify the Director in
writing of any changes in the information submitted to apply for a registration
number within 20 days of the change.
13.2 GENERATOR USED OIL COLLECTION CENTERS TYPES C AND D
(a) Applicability. A person may
not operate a generator used oil collection center Type C or D without holding
a registration number issued by the Director.
(b) General. The application for registration
shall include the following information regarding the generator used oil
collection center:
(1) the name and address
of the operator;
(2) the location
of the center;
(3) whether the
center will accept DIYer used oil;
(4) the type of storage and secondary
containment to be used;
(5) the
status of the business, zoning, or other licenses and permits if required by
federal, state and local governmental entities;
(6) a spill containment plan in the event of
a release of used oil; and
(7)
proof of insurance or other means of financial responsibility for liabilities
that may be incurred in collecting or storing used oil.
(c) Permit. Waiver of proof of insurance or
other means of financial responsibility for liabilities that may be incurred in
collecting or storing used oil. In accordance with Utah Code Annotated
19-6-710, the Director may waive the requirement of proof of liability
insurance or other means of financial responsibility if the following criteria
are satisfied:
(1) The used oil storage tank
or container is in good condition with no severe rusting, apparent structural
defects or deterioration, and no visible leaks;
(2) There is adequate secondary containment
for the tank or container that is impervious to used oil to prevent any used
oil released into the secondary containment system from migrating out of the
system to the soil, groundwater or surface water;
(3) The storage tank or container is clearly
labeled with the words "Used Oil;"
(4) DIYer log entries are complete including
the name and address of the generator, date and quantity of used oil
received;
(5) EPA-approved test
kits for total halogens are readily available and operators are trained to
perform halogen tests on any used oil received that may have been mixed with
hazardous waste; and
(6) Oil
sorbent material is readily available on site for immediate clean up of
spills.
(d) Changes in
information. The owner or operator of the facility shall notify the Director in
writing of any changes in the information submitted to apply for a registration
number within 20 days of the change.
13.3 USED OIL AGGREGATION POINTS
(a) Applicability. A person may operate a
used oil aggregation point without holding a registration number issued by the
Director unless that aggregation point also accepts used oil from household
do-it-yourselfers (DIYers) or other generators.
(b) If an aggregation point accepts used oil
from household DIYers, it must register with the Director as a DIYer collection
center and comply with the DIYer standards in Section R315-15-3.1.
(c) If an aggregation point accepts used oil
from other generators it must register with the Director as a generator
collection center and comply with the standards in R315-15-3.2.
13.4 USED OIL TRANSPORTERS AND USED OIL TRANSFER FACILITIES
(a) Applicability. Except as provided by
R315-15-13.4(f), a person may not operate as a used oil transporter without
holding a used oil transporter permit issued by the Director. A person shall
not operate a used oil transfer facility without holding a used oil transfer
facility permit specific to that facility, issued by the Director.
(b) General. The application for a permit
shall include the following information:
(1)
The name and address of the operator;
(2) The location of the transporter's base of
operations and the location of any transfer facilities, if
applicable;
(3) Maps of all
transfer facilities, if applicable;
(4) The methods to be used for collecting,
storing, and delivering used oil;
(5) The methods to be used to determine if
used oil received by the transporter or facility is on-specification or
off-specification and how the transporter will comply with the rebuttable
requirements of R315-15-4.5;
(6)
The type of containment and the volume, including type and number of storage
vessels to be used and the number and type of transportation vehicles, if
applicable;
(7) The methods of
disposing of any waste by-products;
(8) The status of business, zoning, and other
applicable licenses and permits if required by federal, state, and local
government entities;
(9) An
emergency spill containment plan, including a list of spill containment
equipment to be carried in vehicles used to transport used oil and spill
containment equipment maintained at the used oil transfer facility, and how the
transporter shall comply with the requirements of
R315-15-9;
(10) Proof of liability insurance or other
means of financial responsibility for liabilities that may be incurred in
collecting, transporting, or storing used oil;
(11) Proof of form and amount of reclamation
surety for any facility used in conjunction with transportation or storage of
used oil;
(12) A closure plan
meeting the requirements of
R315-15-11;
(13) Proof of applicant's ownership of any
property and facility used for storage of used oil or, if the property and
facility is not owned by the applicant, the owners' written statement
acknowledging the activities specified in the application;
(14) For transfer facility permit
applications, tank certification in accordance with
R315-264-190
through 200 for used oil storage tanks at the transfer facility;
(15) For transfer facility permit
applications, a facility piping and instrument drawing certified by a
Professional Engineer;
(16) If rail
transport is part of the application, a loading/offloading plan for rail tanker
cars used to transport used oil. This plan shall include detailed procedures to
be followed to minimize the potential for releases and on-site accidents. At a
minimum, the following items shall be addressed:
(i) Personal safety equipment;
(ii) Coordination with railroad to ensure
exclusive rights to the loading track during the entire period of
loading/offloading;
(iii) A minimum
number and qualification of workers involved in the loading or off-loading
operations;
(iv) Braking and
blocking of rail car wheels;
(v)
Procedures for Depressurizing tank car prior to opening manhole covers and
outlet valves;
(vi) The sequence of
valve openings and closings on any hosing or piping involved in the loading or
off-loading process,
(vii) A
description of how and where pipe and hose fitting will be attached, including
a description of which rail car valves/openings will be used;
(viii) Use of catchment container to collect
any used oil released from hoses, valves, and pipes during and following the
loading/offloading operation;
(ix)
Measures to insure ignition sources are not present;
(x) Procedures for cleanup of any spills that
occur during the loading/offloading operations; and
(xi) Other site-specific requirements
required by the Director to protect human health and the environment.
(c) Permit fees.
Registration and permitting fees are established under the terms and conditions
of Utah Code Annotated
63J-1-504.
A copy of the Division's Fee Schedule is available upon request. Payment of
appropriate fees is required prior to issuance of permit approvals and annual
used oil handler certificates.
(d)
Annual Reporting. Each transporter and transfer facility shall submit an annual
report to the Director of its activities during the calendar year. The annual
report shall be submitted to the Director no later than March 1, of the year
following the reported activities. The Annual report shall either be submitted
on a form provided by the Director or shall contain the following information:
(1) the EPA identification number, name, and
address of the transporter/transfer facility;
(2) the calendar year covered by the
report;
(3) the total amount of
used oil transported;
(4) the
itemized amounts and types of used oil transferred to permitted transporters
and transfer facilities, used oil processors/re-refiners, off-specification
used oil burners, and used oil fuel marketers; and
(5) the itemized amounts and types of used
oil transferred inside and outside the state, indicating the state to which
used oil is transferred, and the specific name, address and telephone number of
the operations or facility to which used oil was transferred.
(e) Changes in information. The
owner or operator of the facility shall notify the Director in writing of any
changes in the information submitted to apply for a permit within 20 days of
the change.
(f) Transporter and
Transfer Facility Permit by rule. Notwithstanding any other provisions of
R315-15-13.4, a used oil generator who self-transports used oil generated by
that generator at a non-contiguous operation to a central collection facility
in the generator's own service vehicles in quantities exceeding 55 gallons
shall be deemed to have an approved used oil transporter permit or used oil
transfer facility permits, or both if the generator meets all applicable
requirements of R315-15-13.4(f)(1) through (4).
(1) All used oil transporters or transfer
facilities who qualify for a permit by rule shall submit a notification to the
Director of their intent to operate under R315-15-13.4(f) and comply with the
following conditions:
(i) The generator's
facility is defined under the North American Industry Classification System
(NAICS), published, in 2017 Revision, by the US Economic Classification Policy
Committee, with a NAICS code of 21 (Mining), 22 (Utilities), 23 (Construction),
485111 (Mixed Mode Transit Systems), or 541360 (Geophysical Surveying and
Mapping Services);
(ii) The
generator self-transports and delivers the used oil to facilities that the
generator owns, operates, or both.
(iii) The generator notifies the Director
with the information required by R315-15-13.4(b)(1) through (10); and
(iv) The generator complies with R315-15-4.3,
R315-15-4.4(b) through (d), R315-15-4.6(b) through (f), R315-15-4.7(b) and (d),
and R315-15-4.8.
(2) A
generator who self-transports used oil in accordance with R315-15-13.4(f)(1)
and who burns all the collected used oil for energy recovery is deemed to be
approved by rule to operate as a used oil transporter for that activity if the
following additional conditions are met:
(i)
The generator only burns the self-collected used oil for energy recovery at
that generator's own central collection facility.
(ii) The generator registers as a used oil
fuel marketer in accordance with R315-15-13.7 and complies with
R315-15-7.
(3) A generator who
self-transports used oil in accordance with R315-15-13.4(f)(1) and only stores
the used oil for subsequent collection by permitted used oil transporters is
deemed to be approved by rule to operate as a used oil transporter and transfer
facility for that activity if the following additional conditions are met:
(i) The generator arranges for permitted used
oil transporters to collect the generator's used oil.
(ii) The self-transported used oil is not
stored at the generator's facility longer than 35 days. If the self-transported
used oil is stored longer than 35 days, the generator becomes a used oil
processor in accordance with R315-15-4.6(a) and shall obtain a used oil
processor permit in accordance with R315-15-13.5.
(4) A generator who self-transports used oil
in accordance with R315-15-13.4(f)(1), and who both burns their collected used
oil for energy recovery and arranges for permitted use oil transporters to
collect that used oil, is deemed to be approved by rule to operate as a used
oil transporter and transfer facility for that activity if the following
additional conditions are met:
(i) The
self-transported used oil burned for energy recovery is only burned at the
generator's central collection facility;
(ii) The generator registers as a used oil
fuel marketer in accordance with R315-15-13.7 and complies with
R315-15-7;
and
(iii) The generator arranges
for permitted used oil transporters to collect the generator's used oil not
burned on site.
(iv) The
self-transported used oil is not stored at the generator's facility longer than
35 days. If the self-transported used oil is stored longer than 35 days, the
generator becomes a used oil processor in accordance with R315-15-4.6(a) and
shall obtain a used oil processor permit in accordance with
R315-15-13.5.
(g) All used oil transporters and transfer
facilities shall obtain and maintain a used oil handler certificates in
accordance with R315-15-13.8.
13.5 USED OIL PROCESSORS/RE-REFINERS
(a) Applicability. A person may not operate
as a used oil processing/re-refining facility without holding a permit issued
by the Director.
(b) General. The
application for a permit shall include the following information:
(1) The name and address of the
operator;
(2) The location of the
facility;
(3) A map of the
facility;
(4) The grades of oil to
be produced;
(5) The methods to be
used to determine if used oil received by the transporter or facility is
on-specification or off-specification;
(6) The type of containment and the volume,
including type and number of storage vessels to be used and the number and type
of transportation vehicles, if applicable;
(7) The methods of disposing of any waste
by-products;
(8) The status of
business, zoning, and other applicable licenses and permits if required by
federal, state, and local government entities;
(9) An emergency spill containment plan,
including a list of spill containment equipment to be maintained at the used
oil processor facility;
(10) Proof
of liability insurance or other means of financial responsibility for
liabilities that may be incurred in processing or rerefining used
oil;
(11) Proof of form and amount
of reclamation surety for any facility used in conjunction with transportation
or storage of used oil;
(12) Any
other information the Director finds necessary to ensure the safe handling of
used oil;
(13) A closure plan
meeting the requirements of
R315-15-11.
(14) A contingency plan meeting the
requirements of R315-15-5.3(b);
(15) Proof of applicant's ownership of the
property and facility or, if the property and facility is not owned by the
applicant, the owner's written statement acknowledging the activities specified
in the application;
(16) Tank
certification in accordance with
R315-264-190
through 200 for used oil storage tanks at the processor facility; and
(17) A facility piping and instrument drawing
certified by a Professional Engineer.
(c) Permit fees. Registration and permitting
fees are established under the terms and conditions of Department fee schedule
63J-1-504.
A copy of the Division's Fee Schedule is available upon request. Payment of
appropriate fees is required prior to issuance of permit approvals and annual
used oil handler certificates.
(d)
Annual Reporting. Each used oil processing or rerefining facility shall submit
an annual report to the Director of its activities during the calendar year.
The annual report shall be submitted to the Director no later than March 1 of
the year following the reported activities. The annual report shall either be
submitted on a form provided by the Director or shall contain the following
information:
(1) the EPA identification
number, name, and address of the processor/re-refiner facility;
(2) the calendar year covered by the
report;
(3) the quantities of used
oil accepted for processing/rerefining and the manner in which the used oil is
processed/rerefined, including the specific processes employed;
(4) the average daily quantities of used oil
processed at the beginning and end of the reporting period;
(5) an itemization of the total amounts of
used oil processed or rerefined during the reporting period year specifying the
type and amounts of products produced, i.e., lubricating oil, fuel oil, etc.;
and
(6) the amounts of used oil
prepared for reuse as a lubricating oil, as a fuel, and for other uses,
specifying each type of use, the amounts of used oil consumed or used in the
process of preparing used oil for reuse, specifying the amounts and types of
waste by-products generated including waste, water, and the methods and
specific locations utilized for disposal.
(e) Changes in information. The owner or
operator of the facility shall notify the Director in writing of any changes in
the information submitted to apply for a permit within 20 days of the
change.
(f) Used oil processors and
re-refiners shall obtain and maintain a current used oil handler certificate in
accordance with R315-15-13.8.
13.6 USED OIL BURNERS
(a) On-specification used oil fuel burners.
Facilities burning only on-specification used oil fuel are not required to
register as used oil burners with the Director for the purpose of R315-15-13.6,
if they hold a valid air quality operating order or are exempt under
R315-15-2.4.
(b) Off-specification
used oil fuel burners
(1) Applicability. The
permitting requirements of this section apply to used oil burners who burn
off-specification used oil for energy recovery except as specified in
R315-15-6.1(a)(1) through (3). A person may not burn off-specification used oil
fuel for energy recovery without holding a permit issued by the
Director.
(2) Permit application.
The application for a permit shall include the following information regarding
the facility:
(i) The name and address of the
operator;
(ii) The location of the
facility;
(iii) The type of
containment and type and capacity of storage;
(iv) The type of burner to be used;
(v) The methods of disposing of any waste
by-products;
(vi) The status of
business, zoning, and other applicable licenses and permits required by
federal, state, and local governmental entities;
(vii) An emergency spill containment plan;
including a list of spill containment equipment to be maintained at the used
oil processor facility.
(viii)
Proof of insurance or other means of financial responsibility for liabilities
that may be incurred in storing and burning off-specification used oil
fuels.
(ix) Proof of form and
amount of reclamation surety for any facility receiving and burning
off-specification used oil.
(x) A
closure plan meeting the requirements of
R315-15-11;
(xi) Proof of applicant's ownership of the
property and facility or, if the property and facility is not owned by the
applicant, the owner's written statement acknowledging the activities specified
in the application;
(xii) Tank
certification in accordance with
R315-264-190
through 200 for used oil storage tanks at the processor facility; and
(xiii) A facility piping and instrument
drawing certified by a Professional Engineer.
(3) Permit fees. Registration and permitting
fees are established under the terms and conditions of Utah Code Annotated
63J-1-504.
A copy of the Division's Fee Schedule is available upon request. Payment of
appropriate fees is required prior to issuance of permit approvals and annual
used oil handler certificates.
(4)
Changes in information. The owner or operator of the facility shall notify the
Director in writing of any changes in the information submitted during permit
application within 20 days of the change.
(5) Permits by rule. Any facility permitted
by rule is not required to obtain a permit as required by R315-15-13.6(b)(1),
but may be required to follow operational practices, as determined by the
Director, to minimize risk to human health or the environment. A permit by rule
is conditional upon continued compliance with the requirements of
R315-15-13.6(b), as determined by the Director. Notwithstanding any other
provisions of R315-15-13.6, a hazardous waste incinerator facility that has
been issued a final permit under
R315-270-1,
and that implements the requirements of
R315-264-340
through 351, shall be deemed to have an approved off-specification used oil
burner permit if that facility meets all of the following conditions:
(i) It burns off-specification used oil only
in devices specified in R315-15-6.2(a);
(ii) It stores used oil in the manner
described in R315-15-6.5;
(iii) It
tracks off-specification used oil shipments as described in
R315-15-6.6;
(iv) It complies with
R315-15-6.3 and R315-15-6.7;
(v) It
modifies its closure plan required under
R315-264-110
through 120 (Closure and Post Closure), to include used oil storage and burning
devices, taking into account any used oil activities at this
facility;
(vi) It modifies its
financial mechanism or mechanisms required
R315-264-140
Through 151 (Financial Requirements), using a mechanism other than a corporate
financial test/corporate written guarantee, to reflect the used oil activities
at the facility; and
(vii) It
submits to the Director the information required by R315-15-13.6(b)(2)(i)
through (vi), and a one-time declaration that the facility intends to burn
off-specification used oil.
(6) Annual Reporting. Each off-specification
used oil burner, including those permitted by rule under R315-15-13.6(b)(5),
shall submit an annual report to the Director of their activities during the
calendar year. The annual report shall be submitted to the Director no later
than March 1, of the year following the reported activities. The annual report
shall either be submitted on a form provided by the Director or shall contain
the following information:
(i) The EPA
identification number, name, and address of the burner facility;
(ii) The calendar year covered by the report;
and
(iii) The total amount of used
oil burned.
(c) Off-specification used oil burners shall
obtain and maintain a current used oil handler certificate in accordance with
R315-15-13.8.
13.7 USED OIL FUEL MARKETERS
(a) Applicability. A
person may not act as a used oil fuel marketer, as defined in
R315-15-7,
without holding a registration number issued by the Director.
(b) General. The application for a
registration number shall include the following information regarding the
facility acting as a used oil fuel marketer:
(1) The name and address of the
marketer.
(2) The location of any
facilities used by the marketer to collect, transport, process, or store used
oil subject to separate permits, or registrations under this section.
(3) The status of business, zoning, and other
applicable licenses and permits required by federal, state, and local
governmental entities, including registrations or permits required under this
part to collect, process/re-refine, transport, or store used oil.
(4) Sampling and Analysis Plan. Marketers
shall develop and follow a written analysis plan describing the procedures that
will be used to comply with the analysis requirements of R315-15, including the
applicable portions of R315-15-1.2, R315-15-5.4, R315-15-7.3, and
R315-15-18.
The owner or operator shall keep the plan at the facility. The plan shall
address at a minimum the following:
(i)
Specification used oil fuel. The analysis plan shall describe how the marketer
will comply with R315-15-1.2, R315-15-5.6, and R315-15-7.3, as
applicable.
(ii) Analytical
methods. The plan shall specify the preparation and analytical methods for each
parameter.
(iii) PCBs. The analysis
plan shall describe how the marketer will comply with
R315-15-18.
(iv) Generator knowledge. The plan shall
describe the requirements for generator knowledge, if applicable.
(v) Sample Quality Control. The plan shall
specify the quality control parameters and acceptance limits.
(vi) Rebuttable presumption for used oil. The
analysis plan shall describe how the marketer will comply with
R315-15-1.1(b)(ii) and R315-15-5.4, if applicable.
(vii) Sampling. The analysis plan shall
describe the sampling protocol used to obtain representative samples,
including:
(A) Sampling methods. The marketer
shall use one of the sampling methods in R315-261 Appendix I, or a method shown
to be equivalent under
R315-260-21.
(B) Sample frequency. The plan shall specify
the frequency of sampling to be performed, and whether the analysis will be
performed on site or off site.
(c) Registration fees. Registration and
permitting fees are established under the terms and conditions of Utah Code
Annotated
63J-1-504.
A copy of the Division's Fee Schedule is available upon request. Payment of
appropriate fees is required prior to issuance of registration numbers and
annual used oil handler certificates.
(d) A person who acts as used oil fuel
marketer shall annually obtain a used oil handler certificate in accordance
with R315-15-13.8. A used oil fuel marketer shall not operate without a used
oil handler certificate.
(e)
Changes in information. The owner or operator of the facility shall notify the
Director in writing of any changes in the information submitted to apply for a
registration within 20 days of the change.
13.8 USED OIL HANDLER CERTIFICATES
(a) Applicability. As well as obtaining
permits and registration described in R315-15-13.4 through 13.7, a person shall
not act as a used oil transporter, operator of a transfer facility,
processor/re-refiner, off-specification burner, or marketer without applying
for, receiving, and maintaining a current used oil handler certificate issued
by the Director for each applicable activity. Each used oil permit and marketer
registration described in R315-15-13.4 through 13.7 above requires a separate
used oil handler certificate.
(b)
General. Each application for a used oil handler certificate shall include the
following information:
(1) business
name;
(2) address to include:
(i) mailing address; and
(ii) site address if different from mailing
address
(3) telephone
number
(4) name of business
owner;
(5) name of business
operator;
(6) permit/registration
number; and
(7) type of
permit/registration number (i.e., processor, transporter, transfer facility,
off-specification burner, or marketer).
(c) Changes in information. A used oil
handler certificate holder shall notify the Director of any changes in the
information provided in Subsection R315-15-13.8(b) within 20 days of
implementation of the change.
(d) A
used oil handler certificate will be issued to an applicant following the:
(1) completion and approval of the
application required by R315-15-13.8(a); and
(2) payment of the fee required by the Annual
Appropriations Act.
(e)
A used oil handler certificate is not transferable and shall be valid January 1
through December 31 of the year issued. The certificate shall become void if
the permit or registration associated with the used oil activity described in
the certificate, in accordance with R315-15-13.8(b)(6) in the application, is
revoked under R315-15-15.2 or if the Director, upon the written request of the
permittee or registration holder, cancels the certificate.
(f) The certificate registration fee shall be
paid prior to operation within any calendar
year.
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