Tenn. Comp. R. & Regs. 0400-12-01-.11 - STANDARDS FOR THE MANAGEMENT OF USED OIL
Terms that are defined in Rules 0400-12-01-.01(2)(a), 0400-12-01-.02(1)(a), and 40 CFR 280.12 have the same meanings when used in this rule.
"Aboveground tank" means a tank used to store or process used
oil that is not an underground
"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
"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
"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 July 7, 1995, the effective date of Tennessee's authorized used oil program.
"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,
"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
"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 subparagraph (2)(b) of this rule is burned for energy recovery in devices identified in part (7)(b)1. of this rule.
"Used oil collection center" means any site or facility that
is registered, licensed, permitted, or recognized by a
"Used oil fuel marketer" means any
"Used oil
"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,
"Used oil transporter" means any
This subparagraph identifies those materials which are
subject to regulation as used oil under this rule. This subparagraph also
identifies some materials that are not subject to regulation as used oil under
this rule, and indicates whether these materials may be subject to regulation
as hazardous
The
Used oil containing more than 1,000 ppm total halogens is
presumed to be a hazardous
Mixtures of used oil and hazardous
Wastewater, the discharge of which is subject to regulation
under either the Tennessee Water Quality Control
Used oil produced on vessels from normal shipboard operations is not subject to this rule until it is transported ashore.
Used oil containing PCBs (as defined at
40
CFR 761.3 ) at any concentration less than 50
ppm is subject to the requirements of this rule unless, because of dilution, it
is regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm or
greater. PCB-containing used oil subject to the requirements of this rule may
also be subject to the prohibitions and requirements found at 40 CFR Part 761,
including § 761.20(d) and (e). Used oil containing PCBs at concentrations
of 50 ppm or greater is not subject to the requirements of this rule, but is
subject to regulation under 40 CFR Part 761. No
Used oil burned for energy recovery, and any fuel produced
from used oil by processing, blending, or other treatment, is subject to
regulation under this rule unless it is shown not to exceed any of the
allowable levels of the constituents and properties shown in Table 1. Once used
oil that is to be burned for energy recovery has been shown not to exceed any
allowable level and the
Table 1-Used Oil Not Exceeding Any Allowable Level Shown Below Is Not Subject to This Rule When Burned for Energy Recovery1
Constituent/property |
Allowable level |
Arsenic |
5 ppm maximum. |
Cadmium |
2 ppm maximum. |
Chromium |
10 ppm maximum. |
Lead |
100 ppm maximum. |
Flash point |
100 °F minimum. |
Total |
4,000 ppm maximum.2 |
FOOTNOTE: 1The allowable levels do
not apply to mixtures of used oil and hazardous
FOOTNOTE: 2Used oil containing
more than 1,000 ppm total halogens is presumed to be a hazardous
Used oil shall not be managed in surface impoundments or
The use of used oil as a dust suppressant is prohibited in Tennessee, as set forth in subparagraph (9)(c) of this rule.
Off-specification used oil fuel may be burned for energy recovery in only the following devices:
The used oil marketers, processors/re-refiners and/or
haulers/transporters shall notify the
Except as provided in subparts (i) through (iv) of this part,
this paragraph applies to all used oil generators. A used oil
Household "do-it-yourselfer" used oil generators are not subject to regulation under this rule.
Vessels at sea or at port are not subject to this paragraph.
For purposes of this paragraph, 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
Mixtures of used oil and diesel fuel mixed by the
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 this rule.
(Comment: Farmers meeting this exemption are presumed to be do-it-yourselfers.)
Used oil generators who conduct the following activities are subject to the requirements of other applicable provisions of this rule as indicated in subparts (i) through (v) of this part:
Used oil generators are subject to all applicable Spill
Prevention, Control and Countermeasures [40 CFR part 112] in addition to the
requirements of this paragraph. Used oil generators are also subject to the
Underground
Used oil generators shall not store used oil in units other than tanks, containers, or units subject to regulation under Rules 0400-12-01-.05 or .06.
Containers and aboveground tanks used to store used oil at
Upon detection of a release of used oil to the environment
that is not subject to the requirements of the Underground
Generators may burn used oil in used oil-fired space heaters provided that:
Except as provided in parts 1 through 3 of this subparagraph, generators must ensure that their used oil is transported only by transporters who have obtained Installation Identification Numbers.
Generators may transport, without an Installation
Identification Number, used oil that is generated at the
Generators may transport, without an Installation
Identification Number, used oil that is generated at the
Used oil generators may arrange for used oil to be
transported by a transporter without an Installation Identification Number if
the used oil is reclaimed under a contractual agreement pursuant to which
reclaimed oil is returned by the processor/re-refiner to the
This paragraph applies to owners or operators of all do-it-yourselfer (DIY) used oil collection centers. A DIY used oil collection center is any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers.
Owners or operators of all DIY used oil collection centers
must comply with the
This subparagraph applies to owners or operators of used oil collection centers. A used oil collection center is any site or facility that accepts/aggregates and stores used oil collected from used oil generators regulated under paragraph (3) of this rule who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of part (3)(e)1. of this rule. Used oil collection centers may also accept used oil from household do-it-yourselfers.
Owners or operators of all used oil collection centers must:
This subparagraph applies to owners or operators of all used oil aggregation points. A used oil aggregation point is 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 under the provisions of part (3)(e)2. of this rule. Used oil aggregation points may also accept used oil from household do-it-yourselfers.
Owners or operators of all used oil aggregation points must
comply with the
Except as provided in subparts (i) through (iv) of this part,
this paragraph applies to all used oil transporters. Used oil transporters are
persons who transport used oil, persons who collect used oil from more than one
The transporter shall certify that all used oil is delivered to qualified customers or certified recyclers.
without Installation Identification Numbers which receive and burn only those used oils which qualify as "on-specification" used oils as defined in subparagraph (2)(b) of this rule. In such cases when the qualified customer receives a shipment of on-specification used oil and does not possess an Installation Identification Number, the transporter shall clearly indicate in the record that the shipment was "on-specification" used oil.
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance to a
system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the
contain the following wording:
"I certify that I have read and am familiar with the Used Oil Management Standards for Transporters in Rule 0400-12-01-.11. I am aware that knowingly giving or causing to be given any false information constitutes a Class C misdemeanor."
Transporters who import used oil from abroad or
Unless trucks previously used to transport hazardous
Used oil transporters who conduct the following activities are also subject to other applicable provisions of this rule as indicated in subparts (i) through (v) of this part:
Used oil transporters who have not previously complied with the notification requirements of Rule 0400-12-01-.03(2) must comply with these requirements and obtain an Installation Identification Number.
A used oil transporter who has not received an Installation
Identification Number may obtain one by notifying the
(Note: To obtain the forms call Tennessee
Call the Tennessee
Installation Identification Number. The letter should include the following information:
A used oil transporter must deliver all used oil received to:
Used oil transporters must comply with all applicable
requirements under the U.S.
Records of analyses conducted or information used to comply with parts 1., 2. and 3. of this subparagraph must be maintained by the transporter for at least 3 years.
Used oil transporters are subject to all applicable Spill
Prevention, Control and Countermeasures (40 CFR part 112) in addition to the
requirements of this subparagraph. Used oil transporters are also subject to
the Underground
This subparagraph applies to used oil transfer facilities.
Used oil transfer facilities are transportation related facilities including
loading docks, parking areas,
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 Rules 0400-1201-.05 or .06.
Containers and aboveground tanks used to store used oil at transfer facilities must be:
Containers used to store used oil at transfer facilities must
be equipped with a secondary
Existing aboveground tanks used to store used oil at transfer
facilities must be equipped with a secondary
New aboveground tanks used to store used oil at transfer
facilities must be equipped with a secondary
Upon detection of a release of used oil to the environment
that is not subject to the requirements of the Underground
Used oil transporters must keep a record of each used oil shipment accepted for transport. Records for each shipment must include:
Used oil transporters must keep a record of each shipment of
used oil that is delivered to another used oil transporter, or to a used oil
burner, processor/re-refiner, or
Used oil transporters must maintain the records described in subparts 2(i) through (iv) of this subparagraph for each shipment of used oil exported to any foreign country.
The records described in parts 1., 2., and 3. of this subparagraph must be maintained for at least three years.
Transporters who generate residues from the
Used oil processors/re-refiners who conduct the following activities are also subject to the requirements of other applicable provisions of this rule as indicated in subparts (i) through (v) of this part.
Used oil processors and re-refiners who have not previously complied with the notification requirements of Rule 0400-12-01-.03(2) must comply with these requirements and obtain an Installation Identification Number.
A used oil processor or re-refiner who has not received an
Installation Identification Number may obtain one by notifying the
(Note: To obtain the forms call Tennessee
Call the Tennessee
Owners and operators of used oil processing and re-refining facilities must comply with the following requirements:
Facilities must be maintained and operated to minimize the
possibility of a fire, explosion, or any unplanned sudden or non-sudden release
of used oil to air, soil, or
All facilities must be equipped with the following, unless none of the hazards posed by used oil handled at the facility could require a particular kind of equipment specified in items (I) through (IV) of this subpart:
All facility communications or alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment, where
required, must be tested and maintained as necessary to assure its proper
The owner or operator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill control
equipment, and decontamination equipment to any area of facility
A copy of the contingency plan and all revisions to the plan must be:
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
At all times, there must be at least one employee either on
the facility premises or on call (i.e.,
(Guidance: The emergency coordinator's responsibilities are more fully spelled out in subpart (vi) of this part. 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.)
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 paragraph. Used oil processors/re-refiners are also
subject to the Underground
Used oil processors/re-refiners may not store used oil in units other than tanks, containers, or units subject to regulation under Rule 0400-12-01-.05 or .06.
Containers and aboveground tanks used to store or process used oil at processing and re-refining facilities must be:
Containers used to store or process used oil at processing
and re-refining facilities must be equipped with a secondary
Existing aboveground tanks used to store or process used oil
at processing and re-refining facilities must be equipped with a secondary
New aboveground tanks used to store or process used oil at
processing and rerefining facilities must be equipped with a secondary
Upon detection of a release of used oil to the environment
that is not subject to the requirements of the Underground
Owners and operators who store or process used oil in aboveground tanks must comply with the following requirements:
Owners and operators who store used oil in containers must comply with the following requirements:
Owners or operators of used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of subparagraph (d) of this paragraph and, if applicable, subparagraph (8)(c) of this rule. The owner or operator must keep the plan at the facility.
At a minimum, the plan must specify the following:
At a minimum, the plan must specify the following if subparagraph (8)(c) of this rule is applicable:
Used oil processors/re-refiners must keep a record of each used oil shipment accepted for processing/re-refining. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information:
Used oil processor/re-refiners must keep a record of each
shipment of used oil that is shipped to a used oil burner,
processor/re-refiner, or
The records described in part (6)(g)1 and 2 of this rule must be maintained for at least three years.
A used oil processor/re-refiner and/or hauler/transporter
must prepare and submit a single copy of an annual report to the
Used oil processors/re-refiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an Installation Identification Number.
Owners and operators who generate residues from the
The requirements of this paragraph apply to used oil burners except as specified in subparts (i) and (ii) of this part. A used oil burner is a facility where used oil not meeting the specification requirements in subparagraph (2)(b) of this rule is burned for energy recovery in devices identified in part (b)1. of this paragraph. Facilities burning used oil for energy recovery under the following conditions are not subject to this paragraph:
Used oil burners who conduct the following activities are also subject to the requirements of other applicable provisions of this rule as indicated below.
This paragraph does not apply to persons burning used oil that meets the used oil fuel specification of subparagraph (2)(b) of this rule, provided that the burner complies with the requirements of paragraph (8) of this rule.
following devices:
Used oil burners which have not previously complied with the notification requirements of Rule 0400-12-01-.03(2) must comply with these requirements and obtain an Installation Identification Number.
A used oil burner who has not received an Installation
Identification Number may obtain one by notifying the
(To obtain the forms call Tennessee
Records of analyses conducted or information used to comply with parts 1., 2. and 3. of this subparagraph must be maintained by the burner for at least 3 years.
Used oil burners are subject to all applicable Spill
Prevention, Control and Countermeasures (40 CFR part 112) in addition to the
requirements of this paragraph. Used oil burners are also subject to the
Underground
Used oil burners may not store used oil in units other than tanks, containers, or units subject to regulation under Rules 0400-12-01-.05 or .06.
Containers and aboveground tanks used to store oil at burner facilities must be:
Containers used to store used oil at burner facilities must
be equipped with a secondary
Existing aboveground tanks used to store used oil at burner
facilities must be equipped with a secondary
New aboveground tanks used to store used oil at burner
facilities must be equipped with a secondary
Upon detection of a release of used oil to the environment
that is not subject to the requirements of the Underground
Used oil burners must keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the following information:
The records described in part 1. of this subparagraph must be maintained for at least three years.
Before a burner accepts the first shipment of
off-specification used oil fuel from a
The certification described in part 1. of this subparagraph
must be maintained for three years from the date the burner last receives
shipment of off-specification used oil from that
Burners who generate residues from the
A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who:
A
A
A used oil fuel marketer subject to the requirements of this subpart who has not previously complied with the notification requirements of Rule 0400-12-01-.03(2) must comply with these requirements and obtain an Installation Identification Number.
(To obtain the forms call the Tennessee
Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information:
A
The records described in parts 1. and 2. of this subparagraph must be maintained for at least three years.
Before a used oil
The certification described in part 1. of this subparagraph must be maintained for three years from the date the last shipment of off-specification used oil is shipped to the burner.
The requirements of this paragraph apply to all used oils that cannot be recycled and are therefore being disposed.
Used oils that are identified as a hazardous
Used oils that are not hazardous wastes and cannot be recycled under this rule must be disposed in accordance with the requirements of T.C.A. §§ 68-211-101 et seq.
Notes
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