# COMAR Title 26 — Department of the Environment

## Subtitle 10 — Oil Pollution Control and Storage Tank Management

### Chapter 15 — Management of Used Oil

#### Regulation .04 Management of Used Oil.

*COMAR 26.10.15.04*

A. General Provisions.

  (1) Spill, Release, or Discharge.

    (a) A person shall report a spill, release, or discharge of used oil to the Department immediately, but not later than 2 hours, after detection of the spill, release, or discharge in accordance with COMAR 26.10.01.05 and 26.10.08.01.

    (b) In response to a confirmed spill, release, or discharge of used oil or an oil-derived product from a storage tank system, an owner and an operator of the storage tank system and any responsible party shall comply with the response and corrective action requirements of COMAR 26.10.09.

  (2) A person transporting used oil in a truck previously used to transport hazardous waste shall comply with the transportation of hazardous waste requirements in COMAR 26.13.04.01D(4).

B. Burning Used Oil.

  (1) A person that proposes to burn used oil in fuel-burning equipment shall submit to the Department the information required in COMAR 26.11.09.10A.

  (2) A person burning used oil as fuel shall comply with:

    (a) Regulation .05B of this chapter;

    (b) COMAR 26.11.09.10;

    (c) If burning on-specification used oil as fuel, 40 CFR §279.23; and

    (d) If burning off-specification used oil as fuel, 40 CFR §§257.12(c) and 257.60—257.66.

C. Storage of Used Oil. A person managing used oil shall only store used oil in a storage unit that meets one of the following criteria:

  (1) A storage tank system that complies with COMAR 26.10.01—26.10.12 and 26.10.16—26.10.18; or

  (2) Depending upon the type of facility where the used oil is stored, a container equipped with a containment system that meets the applicable requirements in 40 CFR §279.22, 279.54, or 279.64.

D. Department Approvals and Registrations. An owner, an operator, and a person in charge of an oil handling facility or oil storage facility that manages used oil shall comply with the following Department approval and registration requirements:

  (1) If the facility has a used oil aboveground aggregate storage capacity of 1,000 gallons or greater, obtain an Individual Oil Operations Permit from the Department in accordance with COMAR 26.10.01.09A and .11;

  (2) If the facility has a used oil aboveground aggregate storage capacity of less than 1,000 gallons, comply with the General Oil Operations Permit conditions in COMAR 26.10.01.09B;

  (3) If used oil is stored in a petroleum UST system, register each UST system at the facility with the Department in accordance with COMAR 26.10.03.09;

  (4) If used oil is stored in an AST system, register each AST system at the facility with the Department in accordance with COMAR 26.10.01.10;

  (5) If transferring fuel oil blended or mixed with processed or re-refined used oil in the State, obtain an Oil Transfer License from the Department in accordance with COMAR 26.10.01.08;

  (6) If a used oil transporter, used oil processor/re-refiner, or used oil marketer, obtain an EPA identification number by:

    (a) Applying for an EPA identification number online using the MyRCRAId electronic system or another equivalent online system; or

    (b) Submitting a completed EPA Form 8700-12 to the Department;

  (7) If burning used oil as fuel, comply with the fuel-burning equipment registration or air quality permitting requirements in COMAR 26.11.02.02; and

  (8) If applicable, obtain a State discharge permit or National Pollutant Discharge Elimination System permit from the Department in accordance with COMAR 26.08.04.

E. An owner, an operator, and a person in charge of a used oil processor/re-refiner facility shall:

  (1) Comply with the general facility standards for preparedness and prevention, prepare a contingency plan, and implement emergency procedures in accordance with 40 CFR §279.52; and

  (2) In accordance with 40 CFR §279.55, develop, follow, and keep at the facility a written analysis plan used to determine:

    (a) The total halogen content of used oil in accordance with Regulation .05A of this chapter; and

    (b) If the used oil is to be burned as fuel, whether the used oil meets the specifications in COMAR 26.11.10.09B in accordance with Regulation .05B of this chapter.