S.C. Code Regs. § § 61-107.279.E.43

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-107.279.E.43 - Used Oil Transportation

a. A used oil transporter must deliver all used oil received to:

(1) Another used oil transporter, provided that the transporter has obtained an EPA identification number and is registered with the Department;

(2) A used oil processing/re-refining facility which has obtained an EPA identification number;

(3) An off-specification used oil burner facility which has obtained an EPA identification number; or

(4) An on-specification used oil burner facility.

b. Used oil transporters must comply with all applicable requirements under the US Department of Transportation regulations in 49 CFR parts 171 - 180. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 must comply with all applicable regulations in 49 CFR parts 171 - 180.

c. Used oil discharges.

(1) In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

(2) If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by a transporter who is not registered with the Department.

(3) An air, rail, highway, or water transporter who has discharged used oil must:

(a) Give notice, if required by 49 CFR 171.15 to the National Response Center (800-424-8802 or 202-426-2675); and

(b) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, D.C. 20590.

(c) Immediately telephone the Department's 24-hour emergency telephone number (803) 253-6488, giving all requested information.

(4) A water transporter who has discharged used oil must give notice as required by 33 CFR 153.203.

(5) A transporter must clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment. Further assessment and remediation, if necessary, shall be directed by the Department.

d. All registered used oil transporters shall show evidence of familiarity with laws and regulations governing used oil transportation by submitting a training program for approval by the Department which includes provisions for at least the following:

(1) compliance with state and federal regulations governing used oil;

(2) proper used oil management practices, including appropriate response action to any release or spill;

(3) introduction of a new employee to the applicable laws and rules before unsupervised driving of a used oil transportation vehicle;

(4) verification that company personnel handling or transporting used oil have successfully completed the training program. New employees directly involved with handling or transporting used oil shall complete the training program as soon as possible, but no later than ninety (90) days after beginning employment.

e. Any used oil transporter which transports used oil through South Carolina and does not stop to accept or deliver used oil is not subject to the requirements of this regulation, with the exception of sections279.43.b. and 279.43.c.

S.C. Code Regs. § 61-107.279.E.43

Added by State Register Volume 19, Issue No. 7, eff July 28, 1995.