D.C. Mun. Regs. r. 20-4279

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 20-4279 - STANDARDS FOR THE MANAGEMENT OF USED OIL

4279.1

The provisions of 40 CFR Part 279 are subject to the specific modifications in this section.

4279.2

The cross-references throughout 40 CFR Parts 279 to provisions of 40 CFR Part 280 shall refer instead to the District of Columbia Underground Storage Tank Regulations, 20 DCMR chapters 55 through 70; and the cross-references to "Subpart F of this chapter [40 CFR Part 280]" shall refer instead to 20 DCMR chapter 62.

4279.3

Notwithstanding any provision to the contrary in 40 CFR Part 279 that would allow a person required to obtain an EPA identification number by letter request, each person required to notify the Department of the person's used oil activity shall obtain an EPA identification number by submitting to the Department a completed EPA Form 8700-12.

4279.4

The definitions in 40 CFR § 279.1 are modified as follows:

(a) The cross-references to 40 CFR § 280.12 shall refer instead to 20 DCMR § 7099; and

(b) With respect to the definitions of the terms "existing tank" and "new tank," the effective date of the EPA-authorized used oil program for the District of Columbia is November 9, 2001.

4279.5

The provisions of 40 CFR § 279.10 are modified as follows:

(a) The provisions of 40 CFR § 279.10(b)(3) pertaining to mixtures of used oil and very small quantity generator waste are excluded from the incorporation by reference. Instead, all mixtures of used oil and very small quantity generator hazardous waste shall be regulated as hazardous waste under 40 CFR § 261.5, subject to modification in § 4262.3 of this chapter; and

(b) The provisions of 40 CFR § 279.10(d), pertaining to mixtures of used oil with products, are excluded from the incorporation by reference. Instead, all mixtures of used oil and fuels or other fuel products, including all mixtures of used oil and diesel fuel, are subject to regulation under this section.

4279.6

The provisions of 40 CFR Part 279, Subpart C, are modified as follows:

(a) The exception in 40 CFR § 279.20(a)(3) for mixtures of used oil and diesel fuel mixed by the generator of the used oil for use in the generator's own vehicles is excluded from the incorporation by reference. Instead, all mixtures of used oil and diesel fuel are subject to regulation under this section;

(b) In addition to the requirements of 40 CFR § 279.22(b), containers and aboveground tanks for the storage of used oil shall:

(1) Have secondary containment that must be designed and operated as follows:

(A) A base must underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;

(B) The containment system must have sufficient capacity to contain the volume of the largest container, if not exposed to precipitation, or 110% of the volume of the largest container, if exposed to precipitation; and

(C) Spilled or leaked waste and accumulated precipitation must be removed from the containment sytem in as timely a manner as is necessary to prevent overflow of the collection system.

(2) Always be closed during storage, except when it is necessary to add or remove waste; and

(3) Not be opened, handled, or stored in a manner that may rupture the container or tank or cause them to leak; and

(c) With respect to 40 CFR § 279.22(d), the effective date of the recycled used oil management program in the District of Columbia is September 29, 2000.

4279.7

The provisions of 40 CFR § 279.45 are modified as follows:

(a) Each owner or operator of a used oil transfer facility shall comply with the standards for used oil processors and re-refiners in 40 CFR Part 279, Subpart F; and

(b) With respect to 40 CFR § 279.45(h), the effective date of the recycled used oil management program in the District of Columbia is September 29, 2000.

4279.8

With respect to 40 CFR § 279.54(g), the effective date of the recycled used oil management program in the District of Columbia is September 29, 2000.

4279.9

With respect to 40 CFR § 279.75(a)(1), the notice obtained by the used oil generator, transporter, or processor/re-refiner shall contain the certification from the burner that the burner has notified either EPA or, if the burner is located in a state with an EPA-authorized used oil program, the state agency with regulatory authority over recycled used oil management activities, as applicable.

D.C. Mun. Regs. r. 20-4279

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)