49-802. Federal used oil program; incorporation by reference; rule making

A. The department shall administer 42 United States Code section 6935, as amended on January 1, 1997, as the used oil program for this state. For that purpose, 40 Code of Federal Regulations part 279, as amended on January 1, 1997, is adopted by reference. For purposes of this program, the United States, the environmental protection agency and the administrator shall be applied to mean this state, the department and the director, respectively.

B. The department may adopt rules for the administration of the federal program. Rules adopted pursuant to this subsection shall not be more stringent than or conflict with 40 Code of Federal Regulations part 279.

C. The following requirements apply in addition to 40 Code of Federal Regulations part 279:

1. A used oil collection center, as defined in 40 Code of Federal Regulations part 279, shall register with the department by obtaining an identification number from the department. A request for an identification number shall include:

(a) The company name.

(b) The name of the owner of the company.

(c) The mailing address and telephone number of the company.

(d) The location of the collection center.

(e) A description of the type of used oil activity at the company.

2. A person who sends used oil fuel to a person who burns the used oil fuel for energy recovery shall certify to the burner that the used oil fuel has been analyzed or otherwise tested for compliance with the used oil specifications in 40 Code of Federal Regulations part 279.

3. Beginning on September 1, 1997, each used oil fuel transporter, used oil fuel marketer and used oil processor and re-refiner, as defined in 40 Code of Federal Regulations part 279, shall submit to the department a written report each calendar quarter. The report shall be submitted within thirty days after the end of the calendar quarter to which the report applies, and it shall contain a copy of the tracking information required to be kept pursuant to 40 Code of Federal Regulations part 279 or a summary of such tracking information on a reporting form supplied by the department.

4. Beginning January 1, 1998, each person who burns used oil fuel in devices identified in 40 Code of Federal Regulations section 279.61(a)(1) through (3) shall submit to the department a written annual report. The report shall be submitted to the department by February 1 for the previous calendar year and shall contain the following information:

(a) The name, address and telephone number of the person reporting.

(b) The name, address and telephone number of the burner facility.

(c) The United States environmental protection agency identification number of the burner facility.

(d) The total volume of on-specification used oil burned.

(e) The period being reported.

(f) The total volume of self-generated used oil burned on site.

(g) The total volume of used oil fuel burned.

(h) A summary of the tracking information required to be kept pursuant to 40 Code of Federal Regulations part 279.

5. Used oil fuel marketers and used oil fuel burners shall label all tanks that store on-specification used oil with the words " on-specification used oil" . The department may sample and test used oil or used oil fuel to determine its properties or characteristics as prescribed in this article and rules adopted pursuant to this article.

6. A household " do-it-yourselfer" used oil generator, as defined under 40 Code of Federal Regulations part 279, shall send its used oil to a " do-it-yourselfer" collection station, a household hazardous waste collection center, a used oil collection center, a used oil fuel marketer or a used oil processor or refiner.

D. In administering this section or in adopting or administering rules pursuant to this section, the department shall maintain the level of discretion that is permitted pursuant to applicable federal rules.

E. Any client names or related identifying data required to be submitted to the department pursuant to this section is confidential.