Md. Code Regs. 26.10.15.01 - Scope
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:
(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
Notes
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