Current through Bulletin 2024-06, March 15, 2024
4.1 APPLICABILITY
(a) General. R315-15-4 applies to all used
oil transporters, except as provided in R315-15-4.1(a)(1) through (4). Persons
who transport used oil, persons who collect used oil from more than one
generator and transport the collected used oil, and owners and operators of
used oil transfer facilities are used oil transporters. Except as provided by
R315-15-13.4(f), used oil transporters or operators of used oil transfer
facilities shall obtain a permit from the Director prior to accepting any used
oil for transportation or transfer. The application for a permit shall include
the information required by R315-15-13.4. Used oil transporters and operators
of used oil transfer facilities shall obtain and maintain a used oil handler
certificate in accordance with R315-15-13.8.
(1)R315-15-4 does not apply to on-site
transportation.
(2)R315-15-4 does
not apply to generators who transport shipments of used oil totaling 55 gallons
or less from the generator to a used oil collection center as specified in
Subsection R315-15-2.5(a).
(3)R315-15-4 does not apply to generators who
transport shipments of used oil totaling 55 gallons or less from the generator
to a used oil aggregation point owned or operated by the same generator as
specified in R315-15-2.5(b).
(4)R315-15-4 does not apply to transportation
of used oil from household do-it-yourselfers to a regulated used oil generator,
collection center, aggregation point, processor/re-refiner, or burner subject
to the requirements of R315-15. Except as provided in R315-15-4.1(a)(1) through
(a)(3), R315-15-4 does, apply to transportation of collected household
do-it-yourselfer used oil from regulated used oil generators, collection
centers, aggregation points, or other facilities where household
do-it-yourselfer used oil is collected.
(b) Imports and exports. Transporters are
subject to the requirements of R315-15-4 from the time the used oil enters and
until the time it exits Utah.
(c)
Vehicles used to transport hazardous waste. Unless vehicles previously used to
transport hazardous waste are emptied as described in
R315-2-7
prior to transporting used oil, the used oil is considered to have been mixed
with the hazardous waste and shall be managed as hazardous waste unless, under
the provisions of R315-15-1.1(b), the hazardous waste/used oil mixture is
determined not to be hazardous waste.
(d) Vehicles used to transport
PCB-contaminated material. Unless vehicles previously used to transport
PCB-contaminated material are decontaminated as described in 40 CFR 761 Subpart
S, (2013 edition, incorporated by reference), prior to transporting used oil,
the used oil is considered to have been mixed with PCB-contaminated material
and shall be managed as PCB-contaminated material in accordance with
R315-15-18
and 40 CFR 761.
(e) Tanks,
containers, and piping that contained PCB-contaminated material. Unless tanks,
containers, and piping that previously contained PCB-contaminated material are
decontaminated as described in 40 CFR 761 Subpart S prior to transferring used
oil, the used oil is considered to have been mixed with PCB-contaminated
material in accordance with
R315-15-18
and 40 CFR 761 Subpart S.
(f) Other
applicable provisions. Used oil transporters who conduct the following
activities are also subject to other applicable provisions of R315-15 as
indicated in R315-15-4.1(f)(1) through (5):
(1) Transporters who generate used oil shall
also comply with
R315-15-2;
(2) Transporters who process or re-refine
used oil, except as provided in R315-15-4.2, shall also comply with
R315-15-5;
(3) Transporters who burn off-specification
used oil for energy recovery shall also comply with
R315-15-6;
(4) Transporters who direct shipments of
off-specification used oil from their facility to a used oil burner or first
claim 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;
and
(5) Transporters who dispose of
used oil shall also comply with
R315-15-8.
4.2 RESTRICTIONS ON TRANSPORTERS WHO ARE NOT
ALSO PROCESSORS OR RE-REFINERS
(a) Used oil
transporters may consolidate or aggregate loads of used oil for purposes of
transportation. However, except as provided in R315-15-4.2(b), used oil
transporters may not process used oil unless they also comply with the
requirements for processors/re-refiners in
R315-15-5.
(b) Transporters may conduct incidental
processing operations that occur in the normal course of used oil
transportation, e.g., settling and water separation, but that are not designed
to produce, or make more amenable for production of, used oil derived products
unless they also comply with the processor/re-refiner requirements in
R315-15-5.
(c) Transporters of used oil that is removed
from oil- bearing electrical transformers and turbines and filtered by the
transporter or at a transfer facility prior to being returned to its original
use are not subject to the processor/re-refiner requirements in
R315-15-5.
4.3 NOTIFICATION
(a) Identification numbers. Used oil
transporters who have not previously complied with the notification
requirements of RCRA section 3010 shall comply with these requirements and
obtain an EPA identification number.
(b) Mechanics of notification. A used oil
transporter who has not received an EPA identification number may obtain one by
notifying the Director of his used oil activity by submitting either:
(1) A completed EPA Form 8700-12 or
(2) A letter to the Division requesting an
EPA identification number. The letter shall include the following information:
(i) Transporter company name;
(ii) Owner of the transporter
company;
(iii) Mailing address for
the transporter;
(iv) Name and
telephone number for the transporter point of contact;
(v) Type of transport activity, i.e.,
transport only, transport and transfer facility, transfer facility
only;
(vi) Location of all transfer
facilities at which used oil is stored; and
(vii) Name and telephone number for a contact
at each transfer facility.
4.4 USED OIL TRANSPORTATION
(a) Deliveries. A used oil transporter shall
deliver all used oil received to:
(1) Another
used oil transporter, provided that the transporter has obtained an EPA
identification number transporter, permit number, and current used oil handler
certificate issued by the Director;
(2) A used oil processing/re-refining
facility that has obtained an EPA identification number, processing/refining
permit, and current used oil handler certificate issued by the
Director;
(3) An off-specification
used oil burner facility that has obtained an EPA identification number,
off-specification used oil burner permit, and current used oil handler
certificate issued by the Director;
(4) A used oil transfer facility that has
obtained an EPA identification number, transfer facility permit, and current
used oil handler certificate issued by the Director; or
(5) An on-specification used oil burner
facility.
(b) DOT
Requirements. Used oil transporters shall comply with all applicable
requirements under the U.S. Department of Transportation regulations in 49 CFR
171 through 180. Persons transporting used oil that meets the definition of a
hazardous material in
49 CFR
171.8 shall comply with all applicable
regulations in 49 CFR 171 through 180.
(c) Used oil discharges. In the event of a
used oil discharge, a transporter shall comply with
R315-15-9.
(d) The words "Used Oil" shall be clearly
visible, in letters at least two inches high, on all vehicles transporting bulk
used oil.
4.5 REBUTTABLE
PRESUMPTION FOR USED OIL
(a) To ensure that
used oil is not a hazardous waste under the rebuttable presumption of
R315-15-1.1(b)(1)(ii), the used oil transporter shall determine whether the
total halogen content of used oil being transported or stored at a transfer
facility is below 1,000 ppm.
(b)
The transporter shall make this determination by:
(1) Testing the used oil; or
(2) Applying and documenting generator
knowledge of the halogen content of the used oil in light of the materials or
processes used.
(c) If
the used oil contains greater than or equal to 1,000 ppm total halogens, it is
presumed to be a hazardous waste because it has been mixed with halogenated
hazardous waste listed in
R315-2-10.
The owner or operator may rebut the 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
R315-50-10.
(1) 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.
(2) The rebuttable
presumption does not apply to used oils contaminated with chlorofluorocarbons
(CFCs) removed from refrigeration units if 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.
(d)
Record retention. Records of analyses conducted or information used to comply
with R315-15-4.5(a), (b), and (c) shall be maintained by the transporter for at
least three years.
4.6
USED OIL STORAGE AT TRANSFER FACILITIES Used oil transporters are subject to
all applicable Spill Prevention, Control and Countermeasures, in accordance
with 40 CFR 112, in addition to the requirements of R315-15-4. Used oil
transporters are also subject to the standards of R311, which incorporates by
reference 40 CFR 280, for used oil stored in underground tanks whether or not
the used oil exhibits any characteristics of hazardous waste, in addition to
the requirements of R315-15-4.
(a)
Applicability. R315-15-4 applies to used oil transfer facilities. Used oil
transfer facilities are transportation- related facilities including loading
docks, parking areas, storage areas, and other areas where shipments of used
oil are held for more than 24 hours during the normal course of transportation
and not longer than 35 days. Transfer facilities that store used oil for more
than 35 days are subject to the processor/re-refiner requirements found in
R315-15-5.
(b) Storage units. Owners or operators of
used oil transfer facilities may not store used oil in units other than tanks,
containers, or units subject to regulation under R315-7 or R315-8.
(c) Condition of units. Containers and
aboveground tanks and tank systems, including their associated pipes and
valves, used to store used oil at transfer 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 container
storage areas shall have a containment system that is designed and operated in
accordance with
R315-8-9.
(d) Secondary containment. Containers and
aboveground tanks used to store used oil at transfer facilities, including
their pipe connections and valves, shall be equipped with a secondary
containment system.
(1) The secondary
containment system shall consist of:
(i)
Dikes, berms, or retaining walls; and
(ii) A floor. The floor shall cover the
entire area within the dikes, berms, or retaining walls except areas where
existing portions of existing aboveground tanks meet the ground.
(iii) An equivalent secondary containment
system approved by the Director.
(2) The entire containment system, including
walls and floors, shall be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
(3) The secondary system shall be of
sufficient extent to prevent any used oil releases from tanks and containers in
R315-15-4.6(b), from migrating out of the system to the soil, groundwater, or
surface water.
(4) Water, used oil,
or other liquids shall be removed from secondary containment, including sumps,
within 24 hours of discovery.
(5)
Used oil shall not be stored or allowed to accumulate in sumps and similar
water containment structures at the facility. Any used oil in such sumps beyond
a surface sheen shall be removed within 24 hours of discovery.
(6) Transporters loading to or from rail
tanker cars shall also comply with secondary containment requirements of
R315-15-4.10.
(e) Labels.
(1) Containers and aboveground tanks used to
store used oil at transfer 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 transfer
facilities shall be labeled or marked clearly with the words "Used
Oil."
(f) Response to
releases. Upon detection of a release of used oil to the environment not
subject to the requirements of
R311-202-1,
which incorporates by reference 40 CFR 280, Subpart F, the owner/operator of a
transfer facility shall comply with
R315-15-9.
4.7 TRACKING
(a) Acceptance. Used oil transporters and
transfer facilities shall keep a written record of each used oil shipment
accepted for transport. These records shall take the form of a log, invoice,
manifest, bill of lading, or other shipping documents. Written records for each
shipment shall include:
(1) The name and
address of the generator, transporter, transfer facility, burner, or
processor/re-refiner who provided the used oil for transport;
(2) The EPA identification number, if
applicable, of the generator, transporter, or processor/re-refiner who provided
the used oil for transport;
(3)
Documentation demonstrating the transporter has met the halogen determination
requirements of R315-15-4.5 and, where applicable, the PCB testing requirements
of
R315-15-18;
(4) The quantity of used oil
accepted;
(5) The date of
acceptance; and
(6)
(i) Except as provided in R315-15-4.7(a)
(6)(ii), the signature, dated upon receipt of the used oil, of a representative
of the generator, transporter, transfer facility, burner, or
processor/re-refiner who provided the used oil for transport.
(ii) Intermediate rail transporters are not
required to sign the record of acceptance.
(b) Deliveries. Used oil transporters and
transfer facilities shall keep a written record of each shipment of used oil
that is delivered to another used oil transporter, a transfer facility, burner,
processor/re-refiner, or disposal facility. Records of each delivery shall
include:
(1) The name and address of the
receiving facility or transporter;
(2) The EPA identification number of the
receiving facility or transporter;
(3) The quantity of used oil
delivered;
(4) The date of delivery;
and
(5)
(i) Except as provided in R315-15-4.7(a)
(6)(ii), the signature, dated upon receipt of the used oil, of a representative
of the receiving facility or transporter.
(ii) Intermediate rail transporters are not
required to sign the record of delivery.
(c) Exports of used oil. Used oil
transporters shall maintain the records described in R315-15-4.7(b)(1) through
(b)(4) for each shipment of used oil exported outside of Utah.
(d) Record retention. The records described
in R315-15-4.7(a), (b), and (c) shall be maintained for at least three years at
a specified facility approved by the Director.
(e) Reporting. Used oil transporter and
transfer facilities shall report annually by March 1 to the Director. The
report shall be consistent with the requirements of
R315-15-13.4(d).
4.8
MANAGEMENT OF RESIDUES
Transporters who generate residues from the storage or
transport of used oil shall manage the residues as specified in
R315-15-1.1(e).
4.9
ACCEPTANCE OF OFF-SITE USED OIL
Used oil transporters and transfer facilities accepting used
oil from off-site shall ensure that the transporters delivering the used oil
have obtained a current used oil transporter permit and an EPA identification
number.
4.10 TRANSFER OF
USED OIL TO OR FROM RAIL CARS
(a) Spill
prevention. Facilities or transporters loading o r unloading used oil from rail
cars shall:
(1) Use spill pans beneath rail
cars being loaded or unloaded with used oil. These spill pans shall be placed
inside and outside of the track below the rail car loading port in such a way
as to capture releases that might occur during the loading and unloading
operations;
(2) Securely park used
oil transportation trucks on a loading pad during the loading and unloading of
used oil between those trucks and the rail tanker car. The loading pad shall be
constructed of asphalt or concrete, or an equivalent system approved by the
Director, and shall be sloped or bermed in such a way as to contain used oil
spills;
(3) Be loaded and unloaded
through a valve or port located on top of the rail car unless otherwise
approved by the Director; and
(4)
Transporter personnel shall actively monitor the transfer during the entire
loading and unloading process.
(b) Storage at rail loading and unloading
facilities. If, during the normal course of transportation, used oil remains at
the loading and unloading facility for more than 24 hours but less than 35
days, the facility is subject to regulation as a used oil transfer facility as
defined in R315-15-4.6 and is required to apply for a permit as a used oil
transfer facility as defined in R315-15-13.4. A transfer facility that stores
used oil for more than 35 days is subject to the processor/re-refiner
requirements as defined in
R315-15-5.