2.1 APPLICABILITY
(a) General. Except as provided in paragraphs
(a)(1) through (a)(4) of this section, R315-15-2 applies to all used oil
generators. A used oil generator is any person, by site, whose act or process
produces used oil or whose act first causes used oil to become subject to
regulation.
(1) Household "do-it-yourselfer"
used oil generators. Household "do-it-yourselfer" used oil generators are not
subject to regulation under R315-15, except for the prohibitions of R315-15-1.3
and cleanup requirements of
R315-15-9.
(2) Vessels. Vessels at sea or at port are
not subject to R315-15-2. For purposes of R315-15-2, used oil produced on
vessels from normal shipboard operations is considered to be generated at the
time it is transported ashore. The owner or operator of the vessel and the
person(s) removing or accepting used oil from the vessel are co-generators of
the used oil and are both responsible for managing the used oil in compliance
with R315-15-2 once the used oil is transported ashore. The co-generators may
decide among themselves which party will fulfill the requirements of
R315-15-2.
(3) Diesel fuel.
Mixtures of used oil and diesel fuel mixed by the generator of the used oil for
use in the generator's own vehicles are not subject to R315-15 once the used
oil and diesel fuel have been mixed. Prior to mixing, the used oil fuel is
subject to the requirements of R315-15-2.
(4) Farmers. Farmers who generate an average
of 25 gallons per month or less of used oil from vehicles or machinery used on
the farm in a calendar year are not subject to the requirements of R315-15,
except for the prohibitions of R315-15-1.3 and cleanup requirements of
R315-15-9.
(b) Other applicable provisions. Used oil
generators who conduct the following activities are subject to the requirements
of other applicable provisions of R315-15 as indicated in R315-15.2.1(b)(1)
through (5) :
(1) Generators who transport
used oil, except under the self-transport provisions of R315-15-2.5(a) and (b),
shall also comply with
R315-15-4.
(2)
(i)
Except as provided in R315-15-2.1(b)(2) (ii), generators who process or
re-refine used oil must also comply with
R315-15-5.
(ii) Generators who perform the following
activities are not processors, provided that the used oil is generated onsite
and is not being sent offsite to a burner of on- or off-specification used oil
fuel.
(A) Filtering, cleaning, or otherwise
reconditioning used oil before returning it for reuse by the
generator;
(B) Separating used oil
from wastewater generated onsite to make the wastewater acceptable for
discharge or reuse in accordance with section 402 or section 307(b) of the
Clean Water Act or other applicable Federal or state regulations governing the
management or discharge of wastewater;
(C) Using oil mist collectors to remove small
droplets of used oil from in-plant air to make plant air suitable for continued
recirculation;
(D) Draining or
otherwise removing used oil from materials containing or otherwise contaminated
with used oil in order to remove excessive used oil to the extent possible in
accordance with R315-15-1.1(c); or
(E) Filtering, separating or otherwise
reconditioning used oil before burning it in a space heater in accordance with
R315-15-2.4.
(3) Generators who burn off-specification
used oil for energy recovery, shall also comply with
R315-15-6.
(4) Generators who direct shipments of
off-specification used oil from their facility to a used oil burner or first
certify that used oil that is to be burned for energy recovery meets the used
oil fuel specifications set forth in R315-15-1.2 shall also comply with
R315-15-7.
(5) Generators who dispose of used oil shall
also comply with
R315-15-8.
2.2 HAZARDOUS WASTE MIXING
(a) Mixtures of used oil and hazardous waste
shall be managed in accordance with R315-15-1.1(b).
(b) The rebuttable presumption for used oil
found in R315-15-1.1(b)(1)(ii) applies to used oil managed by generators. Under
this rebuttable presumption, used oil containing greater than 1,000 ppm total
halogens is presumed to be a hazardous waste and thus shall be managed as
hazardous waste and not as used oil unless the presumption is rebutted.
However, the rebuttable presumption does not apply to certain metalworking oil
or fluids containing chlorinated paraffins, if they are processed through a
tolling agreement to reclaim the metalworking oils or fluids, and certain used
oils removed from refrigeration units described in R315-15-1.1(b)(1)(ii)
(B).
2.3 USED OIL STORAGE
Used oil generators are subject to all applicable Spill
Prevention, Control and Countermeasures, 40 CFR 112, in addition to the
requirements of R315-15-2. Used oil generators are also subject to the
standards and requirements of R311-200 through R311-209, Underground Storage
Tanks, for used oil stored in underground tanks whether or not the used oil
exhibits any characteristics of hazardous waste. In addition, used oil
generators are subject to the requirements of R315-15-2.
(a) Storage units. Used oil generators shall
not store used oil in units other than tanks, containers, or units subject to
regulation under R315-7 or R315-8.
(b) Condition of units. Containers and
aboveground tanks used to store used oil at generator facilities shall be:
(1) In good condition, with no severe
rusting, apparent structural defects or deterioration; and
(2) Not leaking.
(3) Tanks and containers for storage of used
oil must be closed during storage except when adding or removing used
oil.
(4) Tanks and containers
storage areas shall be managed to prevent releases of used oil to the
environment.
(c) Labels.
(1) Containers and aboveground tanks used to
store used oil at generator facilities shall be labeled or marked clearly with
the words "Used Oil".
(2) Fill
pipes used to transfer used oil into underground storage tanks at generator
facilities shall be labeled or marked clearly with the words "Used
Oil."
(d) Response to
releases. Upon detection of a release of used oil to the environment not
subject to the requirements of Section
R311-202-1,
which incorporates by reference 40 CFR 280, Subpart F, a generator shall comply
with Section
R315-15-9.
2.4 ON-SITE BURNING
On-site burners shall comply with
R315-15-6
and, if applicable, shall obtain an Air Quality permit.
(a) Generators may burn used oil in used
oil-fired space heaters without a used oil permit provided that:
(1) The heater burns only used oil that the
owner or operator generates;
(2)
The heater is designed to have a maximum capacity of not more than 0.5 million
Btu per hour;
(3) The combustion
gases from the heater are vented to the outside ambient air;
(4) The generator has knowledge that the used
oil has not been mixed with hazardous waste; and
(5) The used oil is being legitimately burned
to utilize its energy content.
(b) Used Oil Collection Center(UOCC). If it
is registered as a Used Oil Collection Center as authorized in
R315-15-3,
the UOCC may burn used oil in used oil fired space heaters without a used oil
permit under the provision described in R315-15-2.4(a) provided that the used
oil is received from household do-it-yourselfer generators or farmers described
in R315-15-2.1(a)(4) or the used oil is received from other generators and has
been certified to meet the used oil fuel specifications of R315-15-1.2 by a
registered used oil marketer in accordance with
R315-15-7.
2.5 OFF-SITE SHIPMENTS
Except as provided in R315-15-2.5(a) through (c), a generator
shall ensure that its used oil is transported only by a transporter who
hasobtained a Utah used oil transporter permit and has a current used oil
handler certificate issued by the Director and an EPA identification
number.
(a) Self-transportation of
small amounts to approved collection centers. A generators may transport,
without an EPA identification number, a used oil transporter permit, or a
current used oil handler certificate, used oil that is generated at the
generator's site and used oil collected from household do-it-yourselfers to a
used oil collection center provided that:
(1)
The generator transports the used oil in a vehicle owned by the generator or
owned by an employee of the generator;
(2) The generator transports no more than 55
gallons of used oil at any time; and
(3) The generator transports the used oil to
a used oil collection center that is registered or permitted to manage used
oil.
(b)
Self-transportation of small amounts to aggregation points owned by the
generator. A generator may transport, without an EPA identification number, a
used oil transporter permit, or used oil handler certificate, used oil that is
generated at the generator's site to an aggregation point provided that:
(1) The generator transports the used oil in
a vehicle owned by the generator or owned by an employee of the
generator;
(2) The generator
transports no more than 55 gallons of used oil at any time; and
(3) The generator transports the used oil to
an aggregation point that is owned, operated, or both by the same
generator.
(c) Tolling
arrangements. Used oil generators may arrange for used oil to be transported by
a transporter without an EPA identification number, a used oil transporter
permit, or a current used oil handler certificate if the used oil is reclaimed
under a contractual agreement under which reclaimed oil is returned by the
processor/re-refiner to the generator for use as a lubricant, cutting oil, or
coolant. The contract, known as a "tolling arrangement," shall indicate:
(1) The type of used oil and the frequency of
shipments;
(2) That the vehicle
used to transport the used oil to the processing/re-refining facility and to
deliver recycled used oil back to the generator is owned and operated by the
used oil processor/re-refiner; and
(3) That reclaimed oil will be returned to
the generator.