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DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 111
USED OIL MANAGEMENT
340-111-0000
Purpose and Scope
(1) The purpose of this Division is to provide used oil management standards for generators, transporters, transfer facilities, processors and re-refiners, burners and marketers of used oil.
(2) Persons must consult 40 CFR, Part 279 and associated Federal Register preambles in addition to Division 111 of these rules to determine all applicable used oil management requirements.
Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0010
Applicability
(1) In addition to provisions under
40 C.F.R. § 279.10, the following provisions under sections (2) through (5)
of this rule shall apply.
(2) Mixtures and residues
of used oil and other wastes:
(a) Used oil or materials
containing used oil destined for disposal are subject to hazardous waste determination
as require by OAR 340-102-0011;
(b) No person may mix hazardous
or non-hazardous substances or waste with used oil to render the substances or
wastes non-hazardous except as provided in 40 C.F.R. § 279.10(b)(2)(iii) and
(b)(3). Wastes that will reduce the recyclability of used oil shall not purposely
be mixed with used oil;
(c) Wastes containing oils
that do not meet the definition of used oil as defined in OAR 340-111-0020 may be
subject to 40 C.F.R. Part 279 provided the waste would not be a hazardous waste
if disposed and it contains sufficient oil to allow it to be managed in a manner
similar to used oil provided state air quality and solid waste regulations are satisfied.
(3) Burning for Energy Recovery:
(a) Any person who burns
used oil for energy recovery must comply with applicable air emission requirements
of the state or local air pollution authority.
(b) A person may only burn
a mixture of used oil and non-hazardous solid waste as a fuel for energy recovery
if the mixture has a minimum energy value of 5,000 Btus per pound.
(c) A person may burn a mixture
of used oil and non-hazardous waste with energy values of less than 5,000 Btus per
pound for treatment or incineration if the mixture is not a hazardous waste under
OAR 340-102-0011 and if the person satisfiesOregon solid waste and air quality regulations.
(d) Residues that burning
used oil for energy recovery produce are subject to the hazardous waste regulations
in OAR Chapter 340, Divisions 100 to 110, 120 and 40 C.F.R. Parts 260 to 268, 270
and 124 if the materials are listed or identified as hazardous waste.
(4) A person may manage oil
removed from a non-halogenated parts cleaning media as used oil if the person:
(a) Cleans parts primarily
to remove an oil that would meet the definition of a used oil as defined in OAR
340-111-0020; and
(b) Does not mix listed or
characteristic hazardous waste with the parts cleaning media.
(5) Any person may petition
the Department in writing following the procedures in OAR chapter 183; OAR chapter
137, division 2; and OAR chapter 340, division 11, for a declaratory ruling whether
a material is a used oil under OAR 340-111-0020.
Stat. Auth.: ORS 192, 465.009, 466.015,
466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 459A.590
& 466.075
Hist.: DEQ 33-1990, f. &
cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 5-2015, f. &
cert. ef. 4-15-15
340-111-0020
Definitions
(1) The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 279.1, OAR 340-100-0010 and 340-142-0005.
(2) When used in Division 111 of this Chapter, the following terms have the meanings given below:
(a) "Hot Draining" means draining of used oil filters at or near the engine operating temperature and above room temperature (i.e., 60° F.);
(b) "Terne Plating" means a coating of lead and tin applied to certain oil filters;
(c) "Used Oil" means any oil that has been refined from crude oil, or any synthetic oil that has been used as a lubricant, coolant (non-contact heat transfer fluids), hydraulic fluid or for similar uses and as a result of such use is contaminated by physical or chemical impurities. Used oil includes, but is not limited to, used motor oil, gear oil, greases, machine cutting and coolant oils, hydraulic fluids, brake fluids, electrical insulation oils, heat transfer oils and refrigeration oils. Used oil does not include used oil mixed with hazardous waste except as allowed in 40 CFR 279.10(b), oil (crude or synthetic) based products used as solvents, antifreeze, wastewaters from which the oil has been recovered, and oil contaminated media or debris;
(d) "Used Oil Mixture" means any mixture of used oil as generated and another waste.
Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 466.020 & 466.075
Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 13-2003, f. & cert. ef. 10-24-03
340-111-0030
Prohibitions
In addition to the provisions in 40 CFR 279.12, the following provisions shall apply:
(1) The use of used oil as a pesticide is prohibited.
(2) Disposal at a solid waste disposal facility of liquid used oil or used oil purposely mixed with other materials for the purpose of disposal but not including cleanup materials from incidental or accidental spills where the used oil spilled cannot be feasibly recovered as liquid oil is prohibited.
Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590, ORS 459A.595 & ORS 466.020
Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0032
Used Oil Storage
In addition to the provisions in 40 CFR 279.22, used oil generators shall comply with sections (1) and (2) of this rule:
(1) Used oil shall be stored following applicable state and local Fire Marshal regulations.
(2) Containers and tanks used to store used oil shall be closed, covered or located under cover to prevent rainwater from coming in contact with the used oil.
Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590, ORS 466.020 & ORS 466.075
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0035
On-Site Burning in Space Heaters
In addition to the provisions in 40 CFR 279.23, used oil generators shall comply with the following: The on-site space heater is operated according to manufacturers specifications.
Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0037
Off-Site Shipments
The provisions in 40 CFR 279.24 (a)(1) and (b)(1) are replaced with the following: The generator transports the used oil in a vehicle owned or leased by the generator or owned by an employee of the generator.
Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590 & ORS 466.020
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0040
Notification
The provisions in 40 CFR 279.42(b), 40 CFR 279.51(b), 40 CFR 279.62(b) and 40 CFR 279.73 are replaced with the following: A used oil transporter, transfer facility, processor/re-refiner, off-specification used oil burner or used oil fuel marketer, who has not received an EPA/DEQ identification number shall obtain one by notifying the agency of their used oil activity by submitting a completed "Notification of Used Oil Activity" Form to the Department.
Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590, ORS 466.020 & ORS 466.075
Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0050
Used Oil Discharges and Releases
In addition to the provisions in 40 CFR 279.43(c), 40 CFR 279.45(h), 40 CFR 279.54(g) and 40 CFR 279.64(g), the provisions of OAR 340, division 142 are applicable.
Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 466.635
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 13-2003, f. & cert. ef. 10-24-03
340-111-0060
Reporting
The provision in 40 CFR 279.57(b) is replaced by the following: A used oil processor must report to the Department of Environmental Quality by March 1 of each year, on forms provided by the Department, the following information concerning used oil activities during the previous calendar year:
(1) The EPA/DEQ identification number, name, and address of the processor/re-refiner;
(2) The calendar year covered by the report; and
(3) The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific processes employed.
Stat. Auth.: ORS 192, ORS 465.009, ORS 466.015, ORS 466.020, ORS 466.075, ORS 466.090, ORS 468.020 & ORS 646
Stats. Implemented: ORS 459A.590 & ORS 466.020
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0070
Disposal
(1) In addition to provisions under
40 C.F.R. § 279.81(b), used oils that are not hazardous wastes and cannot be
recycled under 40 C.F.R. Part 279 must be managed according to Oregon solid waste
regulations in OAR chapter 340, divisions 93–97.
(2) In addition to provisions
under 40 C.F.R. § 279.81, unless permitted under ORS 468B.050, no person shall
dispose of used oil by discharge into sewers, drainage systems, or waters of the
state as defined by 468.005(8).
Stat. Auth.: ORS 192, 465.009, 466.015,
466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 459A.580
Hist.: DEQ 6-1994, f. &
cert. ef. 3-22-94; DEQ 5-2015, f. & cert. ef. 4-15-15
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contained in the Administrative Order filed at the Archives Division,
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