Section 20-4279. STANDARDS FOR THE MANAGEMENT OF USED OIL

 

4279.1The provisions of 40 CFR Part 279 (Standards for the Management of Used Oil) are incorporated by reference, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section.

 

4279.2The cross-references throughout 40 CFR Part 279 to "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 (Reporting of Releases, Investigations, Confirmation, Assessments, and Corrective Action).

 

4279.3Notwithstanding 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 Director of the person's used oil activity shall obtain an EPA identification number by submitting to the Director a completed EPA Form 8700-12.

 

4279.4The provisions of 40 CFR § 279.1 (definitions) are adopted with the following modifications:

 

(a)The cross-references to 40 CFR §§ 260.10 and 280.12 shall refer instead to 20 DCMR §§ 4260.4 and 7099.1; 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.

 

4279.5The provisions of 40 CFR § 279.10 (applicability of Part 279) are adopted with the following modifications:

 

(a)The provisions of 40 CFR § 279.10(b)(3), pertaining to mixtures of used oil and conditionally exempt small quantity generator waste, are excluded from the incorporation by reference. Instead, all mixtures of used oil and conditionally exempt small quantity generator hazardous waste shall be regulated as hazardous waste under 40 CFR § 261.5, as incorporated by reference, subject to modification in 20 DCMR § 4261.7; 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 (20 DCMR § 4279).

 

4279.6In addition to the prohibitions in 40 CFR § 279.12, the provisions of 20 DCMR § 4202.3 prohibit the following activities in the District of Columbia:

 

(a)Management of used oil in surface impoundments or waste piles;

 

(b)Use of used oil as a dust suppressant; and

 

(c)Burning of used oil, whether on-specification or off-specification, including burning in space heaters and burning incidental to processing.

 

4279.7The provisions of 40 CFR Part 279, Subpart C, Standards for Used Oil Generators, are adopted with the following modifications:

 

(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 (20 DCMR § 4279);

 

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

 

(1)Have secondary containment, as approved by the Director;

 

(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.

 

4279.8The provisions of 40 CFR § 279.45 (used oil storage at transfer facilities) are adopted with the following modifications:

 

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

 

4279.9With respect to 40 CFR § 279.54(g) (used oil management by used oil processors/re-refiners), the effective date of the recycled used oil management program in the District of Columbia is September 29, 2000.

 

4279.10With 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.

 

source

Final Rulemaking published at 52 DCR 9653 (October 28, 2005).