Authenticated PDF VersionTerms that are defined in §§260.10, 261.1 of these regulations, and Part A, Section 2 of Delaware Regulations Governing Underground Storage Tanks have the same meanings when used in this part.
"Aboveground tank" means a tank used to store or process used oil that is not an underground storage tank as defined in Part A, Section 2 of Delaware Regulations Governing Underground Storage Tanks (UST).
"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
"Do-it-yourselfer used oil collection center" means any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers.
"Existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to the effective date of the authorized used oil program for the State in which the tank is located. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either:
"Household 'do-it-yourselfer' used oil" means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles.
"Household 'do-it-yourselfer' used oil generator" means an individual who generates household "do-it-yourselfer" used oil.
"New tank" means a tank that will be used to store or process used oil and for which installation has commenced after the effective date of the authorized used oil program for the State in which the tank is located.
"Petroleum refining facility" means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes (i.e., facilities classified as SIC 2911).
"Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.
"Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.
"Tank" means any stationary device, designed to contain an accumulation of used oil which is constructed primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic) which provides structural support.
"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.
"Used oil aggregation point" means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.
"Used oil burner" means a facility where used oil not meeting the specification requirements in §279.11 is burned for energy recovery in devices identified in §279.61(a).
"Used oil collection center" means any site or facility that is registered/licensed/permitted/recognized by a state/county/municipal government to manage used oil and accepts/aggregates and stores used oil collected from used oil generators regulated under Subpart C of this part who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of §279.24. Used oil collection centers may also accept used oil from household do-it-yourselfers.
"Used oil fuel marketer" means any person who conducts either of the following activities:
"Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.
"Used oil processor/re-refiner" means a facility that processes used oil.
"Used oil transfer facility" means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to §279.20(b)(2). Transfer facilities that store used oil for more than 35 days are subject to regulation under Subpart F of this part.
"Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. 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 or used oil fuel.
(i) Mixtures of used oil and hazardous waste that is listed in Subpart D of Part 261 of these regulations are subject to regulation as hazardous waste under Parts 260 through 266, 268, 122, and 124 of these regulations, rather than as used oil under this part.
(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 Subpart D of Part 261 of these regulations. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of Part 261 of these regulations).
(A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described §279.24(c), to reclaim metalworking oils/fluids. The presumption does apply to metal working 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.
(ii) If applicable are subject to the hazardous waste regulations of Parts 124, 260 through 266, 268, and 122 of these regulations.
(ii) Not solid wastes and are thus not subject to the hazardous waste regulations of Parts 260 through 266, 268, 122, and 124 of these regulations as provided in §261.3(c)(2)(i) of these regulations.
(ii) Are solid wastes and thus are subject to the hazardous waste regulations of Parts 260 through 266, 268, 122, and 124 of these regulations if the materials are listed or identified as hazardous waste.
(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 this part. The used oil is subject to the requirements of this part prior to the mixing of used oil with crude oil or natural gas liquids.
Section 279.11 Used oil specifications.
FOOTNOTE: 1The allowable levels do not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see §279.10(b)).
FOOTNOTE: 2Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under §279.10(b)(1). Such used oil is subject to Subpart H of Part 266 of these regulations rather than this part when burned for energy recovery unless the presumption of mixing can be successfully rebutted.
(i) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;
(ii) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or
(ii) Generators who perform the following activities are not processors provided that the used oil is generated on-site and is not being sent off-site 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 on-site to make the wastewater acceptable for discharge or reuse pursuant to Section 402 or Section 307(b) of the Clean Water Act or other applicable Federal or state regulations governing the management or discharge of wastewaters;
(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 oil to the extent possible pursuant to §279.10(c); or
(E) Filtering, separating or otherwise reconditioning used oil before burning it in a space heater pursuant to §279.23.
Section 279.21 Hazardous waste mixing.
(a) [Reserved].
Section 279.22 Used oil storage.
Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112) in addition to the requirements of this subpart. Used oil generators are also subject to the Delaware Regulations Governing Underground Storage Tanks (UST) standards 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 this subpart.
(1) Containers and aboveground tanks used to store used oil at generator facilities must 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 must 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 that is not subject to the requirements of the Delaware Regulations Governing Underground Storage Tanks (UST) and which has occurred after the effective date of Delaware’s recycled used oil management program, a generator must perform the following cleanup steps:
Section 279.23 On-site burning in space heaters.
(b) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour; and
Section 279.24 Off-site shipments.
(1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;
(3) The generator transports the used oil to a used oil collection center that is authorized by the state to manage used oil; and
(4) The generator maintains onsite, for a minimum of three (3) years, a written record of all shipments of used oil. The record may take the form of a log or other shipping document.
(1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;
Section 279.30 Do-it-yourselfer used oil collection centers.
Section 279.31 Used oil collection centers.
Section 279.32 Used oil aggregation points owned by the generator.
Section 279.41 Restrictions on transporters who are not also processors or re-refiners.
(a) Identification numbers. Used oil transporters who have not previously complied with the notification requirements of 7 Del.C., §6304(a) must comply with these requirements and obtain an EPA identification number.
Section 279.43 Used oil transportation.
(1) Another used oil transporter, provided that the transporter has obtained an EPA identification number, and a Delaware Waste Transporter permit;
(1) In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).
(2) If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers.
(i) Give notice, if required by 49 CFR 171.15, to the National Response Center ((800) 662-8802 or (202) 426-2675), and give notice as required by Delaware regulations Reporting of a Discharge of a Pollutant or Air Contaminant to DNREC ((800) 662-8802 or (302) 739-9401); and
(ii) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.
(5) A transporter must clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.
Section 279.44 Rebuttable presumption for used oil.
Section 279.45 Used oil storage at transfer facilities.
Used oil transporters are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112) in addition to the requirements of this subpart. Used oil transporters are also subject to the standards in Delaware Regulations for Underground Storage Tanks (UST) 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 this subpart.
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or
(h) Response to releases. Upon detection of a release of used oil to the environment that is not subject to the requirements of the Delaware Regulations Governing Underground Storage Tanks (UST) and which has occurred after the effective date of Delaware’s recycled used oil management program, the owner/operator of a transfer facility must perform the following cleanup steps:
Section 279.47 Management of residues.
(ii) The used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing;
(a) Identification numbers. Used oil processors and re-refiners who have not previously complied with the notification requirements of 7 Del.C., §6304(a) must comply with these requirements and obtain an EPA identification number.
Section 279.52 General facility standards.
(i) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(ii) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
(iii) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment and decontamination equipment; and
(iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
(i) Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required in paragraph (a)(2) of this section.
(ii) If there is ever just one employee on the premises while the facility is operating, the employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required in paragraph (a)(2) of this section.
(i) The owner or operator must attempt to make the following arrangements, as appropriate for the type of used oil handled at the facility and the potential need for the services of these organizations:
(A) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;
(B) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(C) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and
(D) Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(ii) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.
(i) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water.
(ii) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of used oil which could threaten human health or the environment.
(i) The contingency plan must describe the actions facility personnel must take to comply with paragraphs (b) (1) and (6) of this section in response to fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water at the facility.
(ii) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112 or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements of this part.
(iii) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to paragraph (a)(6) of this section.
(iv) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see paragraph (b)(5) of this section), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.
(v) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(vi) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of used oil or fires).
(ii) Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
(iii) The facility changes-in its design, construction, operation, maintenance, or other circumstances-in a way that materially increases the potential for fires, explosions, or releases of used oil, or changes the response necessary in an emergency;
Guidance: The emergency coordinator's responsibilities are more fully spelled out in paragraph (b)(6) of this section. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of used oil handled by the facility, and type and complexity of the facility.
(i) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the designee when the emergency coordinator is on call) must immediately:
(A) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(B) Notify appropriate State or local agencies with designated response roles if their help is needed.
(ii) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. He may do this by observation or review of facility records or manifests and, if necessary, by chemical analyses.
(iii) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).
(iv) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he must report his findings as follows:
(A) If his assessment indicated that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and
(B) He must immediately notify either the government official designated as the on-scene coordinator for the geographical area or the National Response Center (using their 24-hour toll free number (800) 662-8802), and give notice as required by Delaware regulations Reporting of a Discharge of a Pollutant or Air Contaminant to DNREC ((800) 662-8802 or (302) 739-9401). The report must include:
(v) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other used oil or hazardous waste at the facility. These measures must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.
(vi) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure build-up, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(vii) Immediately after an emergency, the emergency coordinator must provide for recycling, storing, or disposing of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.
(A) No waste or used oil that may be incompatible with the released material is recycled, treated, stored, or disposed of until cleanup procedures are completed; and
(B) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(C) The owner or operator must notify the Secretary, and appropriate State and local authorities that the facility is in compliance with paragraphs (b)(6)(viii)(A) and (B) of this section before operations are resumed in the affected area(s) of the facility.
(ix) The owner or operator must note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he must submit a written report on the incident to the Secretary. The report must include:
(F) An assessment of actual or potential hazards to human health or the environment, where this is applicable;
Section 279.53 Rebuttable presumption for used oil.
Section 279.54 Used oil management.
Used oil processor/re-refiners are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112) in addition to the requirements of this subpart. Used oil processors/re-refiners are also subject to the Delaware Regulations Governing Underground Storage Tanks (UST) standards 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 this subpart.
(3) Closed during storage, except when it is necessary to add or remove oil.
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or
(g) Response to releases. Upon detection of a release of used oil to the environment that is not subject to the requirements of the Delaware Regulations Governing Underground Storage Tanks (UST) and which has occurred after the effective date of Delaware’s recycled used oil management program, an owner/operator must perform the following cleanup steps:
(4) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
(i) At closure of a tank system, the owner or operator must remove or decontaminate used oil residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under these regulations.
(ii) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph (h)(1)(i) of this section, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills (§265.310 of these regulations).
(ii) The owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under Part 261 of these regulations.
(a) Rebuttable presumption for used oil in §279.53. At minimum, the plan must specify the following:
(i) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:
(ii) The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and
(i) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:
(iii) The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and
Section 279.57 Operating record and reporting.
(i) Records and results of used oil analyses performed as described in the analysis plan required under §279.55; and
(ii) Summary reports and details of all incidents that require implementation of the contingency plan as specified in §279.52(b).
Section 279.58 Off-site shipments of used oil.
Section 279.59 Management of residues.
Section 279.61 Restrictions on burning.
(a) Off-specification used oil fuel may be burned for energy recovery in only the following devices:
(i) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;
(ii) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or
(a) Identification numbers. Used oil burners who have not previously complied with the notification requirements of 7 Del.C., §6304(a) must comply with these requirements and obtain an EPA identification number.
Section 279.63 Rebuttable presumption for used oil.
Section 279.64 Used oil storage.
Used oil burners are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR Part 112) in addition to the requirements of this subpart. Used oil burners are also subject to the Delaware Regulations Governing Underground Storage Tank (UST) standards 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 this subpart.
(ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or
(g) Response to releases. Upon detection of a release of used oil to the environment that is not subject to the requirements of the Delaware Regulations Governing Underground Storage Tanks (UST) and which has occurred after the effective date of Delaware’s recycled used oil management program, a burner must perform the following cleanup steps:
Section 279.67 Management of residues.
Section 279.72 On-specification used oil fuel.
(a) Identification numbers. A used oil fuel marketer subject to the requirements of this subpart who has not previously complied with the notification requirements of 7 Del.C., §6304(a) must comply with these requirements and obtain an EPA identification number.
(2) A letter requesting an EPA identification number. The letter should include the following information:
(v) Type of used oil activity (i.e., generator directing shipments of off-specification used oil to a burner).
(b) On specification used oil delivery. A generator, transporter, processor/re‑refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under 279.11 must keep a record of each shipment of used oil to the facility to which it delivers the used oil. Records for each shipment must include the following information:
