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Chapter 15. Management of Used Oil

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Regulation .01 Scope.Copy Citation

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A.
A person managing used oil shall determine using the conditions in COMAR 26.13.10.05 whether the used oil is:
(1)
Regulated as used oil under this chapter; or
(2)
Regulated as a hazardous waste under COMAR 26.13.
B.
Notwithstanding §C of this regulation, a person managing used oil shall comply with all of the applicable oil pollution control and storage tank management provisions of COMAR 26.10.01—26.10.13 and 26.10.16—26.10.18.
C.
Exceptions.
(1)
The management of used oil containing polychlorinated biphenyls (PCBs) at concentrations of 50 parts per million (ppm) or greater is:
(a)
Regulated as a hazardous waste under 40 CFR Part 761 and COMAR 26.13; and
(b)
Not regulated as used oil under this chapter.
(2)
Materials Mixed with or Derived from Used Oil.
(a)
A mixture of used oil and diesel fuel mixed on-site by a used oil generator for use in the generator’s own vehicles is not regulated under this chapter once the used oil and diesel fuel have been mixed.
(b)
Materials reclaimed from used oil that are beneficially used and not burned as fuel or used in a manner constituting disposal are not regulated as used oil under this chapter.
(3)
Wastewater, a discharge of which is subject to §402 or 307(b) of the Clean Water Act, contaminated with “de minimis quantities of used oil” as defined in 40 CFR §279.10(f), is not regulated under this chapter.
(4)
Crude Oil Pipeline or Petroleum Refining Facility Process.
(a)
If used oil introduced into a crude oil pipeline or petroleum refining facility process is exempt from the requirements of 40 CFR Part 279 under the conditions of 40 CFR §279.10(g), then the used oil is not regulated under this chapter.
(b)
Notwithstanding the substitution requirement in Regulation .02C(1)(d) of this chapter, a person shall use the used oil specification provided in Table 1 of 40 CFR §279.11 to determine if used oil introduced into a crude oil pipeline or petroleum refining facility process is exempt from the requirements of 40 CFR Part 279 under the conditions of 40 CFR §279.10(g).
(5)
Used Oil on Vessels. Used oil produced on a vessel from normal shipboard operations is not regulated under this chapter until the used oil is transported ashore.
(6)
Used Oil Generators. The following generators of used oil are not subject to the requirements of this chapter:
(a)
An individual that generates household-derived used oil, such as used oil generated through the maintenance of an individual’s personal vehicle; and
(b)
A farmer who generates an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year.
D.
Applicability.
(1)
The requirements of this chapter and 40 CFR Part 279 apply to:
(a)
The following used oil management activities:
(i)
The collection, storage, transportation, processing, re-refining, recycling, or other management of used oil;
(ii)
The transfer of fuel oil blended or mixed with used oil in the State; and
(iii)
The burning of used oil as fuel;
(b)
A used oil burner that burns off-specification used oil;
(c)
A used oil collection center;
(d)
A used oil fuel marketer;
(e)
A used oil generator;
(f)
A used oil processor/re-refiner;
(g)
A used oil transfer facility; and
(h)
A used oil transporter.
(2)
The management of used oil mixed with or contaminating another substance is subject to the requirements of this chapter, unless the used oil is:
(a)
Exempt from being regulated as a used oil under 40 CFR Part 279; or
(b)
Identified under COMAR 26.13.10.05 as regulated under COMAR 26.13 as a hazardous waste.

Regulation .02 Incorporation by Reference.Copy Citation

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A.
As qualified by §§B and C of this regulation, 40 CFR Part 279 (July 1, 2020) is incorporated by reference.
B.
Interpretation. As provided in Table 1 of this regulation, for the purposes of this chapter, a person shall interpret a cross-reference in 40 CFR Part 279 to a federal regulation in 40 CFR as the analogous State regulation in COMAR Title 26:
C.
Substitutions. For the purposes of this chapter, a person shall make the following substitutions:
(1)
Substitute a federal provision in 40 CFR Part 279 with a state provision in COMAR Title 26 as follows:
(a)
For 40 CFR §279.10(b), substitute COMAR 26.13.10.05C—F;
(b)
For 40 CFR §279.10(c), substitute COMAR 26.13.10.05G;
(c)
For 40 CFR §279.10(e), substitute COMAR 26.13.10.05I and 26.13.02.04-1A(15);
(d)
For Table 1 of 40 CFR §279.11, substitute COMAR 26.11.09.10B;
(e)
For 40 CFR §279.57(b), substitute Regulation .06A of this chapter; and
(f)
For 40 CFR §§279.22(d), 279.45(h), 279.54(g), and 279.64(g), substitute COMAR 26.10.01.05 and 26.10.08;
(2)
Whenever the words “the rebuttable presumption of §279.10(b)(1)(ii)”, “rebuttable presumption provided under §279.10(b)(1)”, or “rebuttable presumption for used oil of §279.10(b)(1)(ii)” appear, substitute with “the rebuttable presumption for used oil of COMAR 26.13.10.05C(2)”;
(3)
Substitute the words that appear in 40 CFR §§279.12(b) and 279.82(a) with “The use of used oil as a dust suppressant is prohibited”;
(4)
Substitute the words that appear in 40 CFR §§279.42(b), 279.51(b), 279.62(b), and 279.73(b) with “Mechanics of Notification. A used oil transporter, processor/re-refiner, or marketer who does not have an EPA identification number may obtain a number by applying online using the MyRCRAId electronic system, or another equivalent online system, or submitting a completed EPA Form 8700-12 to the Department”;
(5)
In 40 CFR §279.52(b)(6)(viii)(C) and (ix), substitute the words “Regional Administrator” with “Secretary”;
(6)
In 40 CFR §279.66(a)(1), substitute the word “EPA” with “the Department”; and
(7)
In 40 CFR §279.75(a)(1), substitute the word “EPA” with “EPA or the corresponding state agency with regulatory authority over the management of used oil”.

Regulation .03 Disposal of Used Oil.Copy Citation

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A.
This regulation applies to the management of used oil that is not recycled, processed, re-refined, or burned as a fuel.
B.
Use as a Dust Suppressant. A person may not use used oil as a dust suppressant.
C.
Disposal of Hazardous Used Oil. The disposal of used oil identified as a hazardous waste is subject to the hazardous waste management requirements in COMAR 26.13.
D.
Disposal of Used Oil.
(1)
Except as provided under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland or any other provisions of law, a person may not dispose of, or cause to be disposed of, used oil by:
(a)
Discharging, dumping, or depositing the used oil into sewers, drainage systems, surface waters or groundwaters, and any waters of the State;
(b)
Incinerating used oil as refuse, not including the burning of used oil as fuel in accordance with this chapter; or
(c)
Disposing, dumping, or depositing used oil onto public or private land that is not an approved facility, as provided under §D(2) of this regulation.
(2)
A person may dispose of used oil at one of the following approved facilities:
(a)
Pursuant to Environment Article, §5-1001, Annotated Code of Maryland, public or private land designated by the State or an agency or political subdivision of the State as a collection facility for used oil in which used oil is placed in a receptacle or container installed or located on the property; or
(b)
A solid waste acceptance facility permitted under COMAR 26.04.07 as specifically authorized by the Department to handle used oil or waste containing free phase used oil.

Regulation .04 Management of Used Oil.Copy Citation

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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.

Regulation .05 Analytical Requirements.Copy Citation

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A.
Rebuttable Presumption for Used Oil.
(1)
Used oil containing more than 1,000 ppm total halogens is presumed to be hazardous waste because it has been mixed with halogenated hazardous waste listed in COMAR 26.13.02.16—.19, unless a person rebuts this presumption by demonstrating the used oil does not contain hazardous waste, as specified in COMAR 26.13.02.04-1A(11).
(2)
To determine whether used oil is presumed to be hazardous waste under the rebuttable presumption, a person managing used oil shall determine the total halogen content of the used oil in accordance with COMAR 26.13.10.05C(2) and, depending on the type of facility managing the used oil, the applicable requirements in 40 CFR §279.44, 279.53, or 279.63.
B.
Specifications for Used Oil Burned as Fuel. A person that burns used oil as fuel or processes used oil to produce a heating oil shall determine if the used oil or used oil-derived heating oil meets or exceeds the specifications for used oil in COMAR 26.11.09.10B by performing analyses or obtaining documentation demonstrating the used oil or used oil-derived heating oil meets or exceeds the specifications.

Regulation .06 Recordkeeping and Reports.Copy Citation

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A.
On a form provided by the Department, a used oil transporter or used oil processor/re-refiner shall:
(1)
Report on used oil operations conducted during the preceding fiscal year, covering the 12-month period from July 1 to June 30;
(2)
Include in the report all of the following information:
(a)
The name and address of the used oil transporter or used oil processor/re-refiner;
(b)
If a used oil processor/re-refiner, the facility’s EPA identification number;
(c)
The quantity of used oil collected in the State;
(d)
The quantity of used oil exported out of the State;
(e)
The quantity of used oil imported into the State;
(f)
The methods in which used oil was managed or disposed, including burning used oil as fuel; and
(g)
The quantity of used oil managed or disposed using each method; and
(3)
Submit the report to the Department not later than July 31, following the reporting period.
B.
Operating Record. An owner and an operator of a used oil processor/re-refiner shall maintain and keep a written operating record at the facility in accordance with 40 CFR §257.57.
C.
A used oil transporter and an owner, an operator, and a person in charge of a used oil transfer, processor/re-refiner, burner, or fuel marketer facility shall comply with the applicable tracking, notice, recordkeeping, and record retention requirements in 40 CFR §§279.44, 279.46, 279.56, 279.63, 279.66, 279.72(b), 279.74, and 279.75.
D.
A person that burns used oil in fuel-burning equipment shall comply with the annual reporting requirement in COMAR 26.11.09.10D.

Regulation .07 Closure Requirements.Copy Citation

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A.
Upon the termination of used oil operations, an owner, an operator, and a person in charge of an oil handling or oil storage facility that collects, stores, transports, transfers, processes, re-refines, recycles, burns as fuel, or otherwise manages used oil shall comply with the closure requirements of this regulation.
B.
Facility Closure. An owner, an operator, and a person in charge an oil handling or oil storage facility described in §A of this regulation shall:
(1)
Remove or decontaminate used oil residues in storage tank systems, containers and contaminated secondary containment system components and used oil-contaminated soils, structures and equipment;
(2)
Unless determined to be nonhazardous waste under COMAR 26.13.02.15—.19 or COMAR 26.13.10.05, manage used oil residuals or used oil-contaminated material as hazardous waste; and
(3)
If the owner, the operator, and the person in charge of the facility demonstrates not all contaminated soils can be practicably removed or decontaminated as required in §B(1) of this regulation, close the storage tank system and perform post-closure care at the facility in accordance with the requirements for a hazardous waste landfill in COMAR 26.13.06.22B(3).
C.
Underground Storage Tanks. An owner, an operator, and a person in charge of an oil handling or oil storage facility storing used oil in a UST shall comply with the temporary or permanent closure requirements in COMAR 26.10.10.
D.
Aboveground Storage Tanks. An owner, an operator, and a person in charge of an oil handling or oil storage facility storing used oil in an AST shall comply with the temporary or permanent closure requirements in COMAR 26.10.17 or 26.10.18.
E.
Containers. An owner, an operator, and a person in charge of an oil handling or oil storage facility storing used oil in containers shall:
(1)
Remove used oil residues from containers;
(2)
Remove containers that stored used oil and any used oil residues from the site; and
(3)
Unless determined to be nonhazardous waste under COMAR 26.13.02.15—.19 or COMAR 26.13.10.05, manage the materials as hazardous waste.
F.
An owner, an operator, and a person in charge of an oil handling or oil storage facility conducting a removal or decontamination processes in accordance with this regulation that generates air emissions shall meet all applicable air quality requirements in COMAR 26.11.
Chapter annotations
Authority: Environment Article, §§4-402, 4-405, and 4-410, Annotated Code of Maryland
History: Effective date: September 7, 1998 (25:18 Md. R. 1438)
History: Regulations .01—.06 repealed and new Regulations .01—.07 adopted effective June 13, 2022 (49:12 Md. R. 642)