California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 8. Used Oil Recycling Program

Article 4. Used Oil Haulers


Section 18630. Scope and Applicability.

In addition to the general requirements of Article 2 of this Chapter, used oil haulers must comply with the provisions of this Article.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48672, Public Resources Code.


Section 18631. Recordkeeping Requirements for Used Oil Haulers.

Used oil haulers must keep all manifests consolidated manifests, and manifest receipts as described in Section 66263.22 of Title 22 of the California Code of Regulations. These documents must be made available to the Board for examination pursuant to Section 18611 of this Chapter. These records must be maintained in accordance with the general requirements set forth in Section 18613 of this Chapter, in addition to any recordkeeping requirements of the Department of Toxic Substances Control.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48672, Public Resources Code.


Section 18632. Manifest Receipt Requirements.

In addition to the information required by Section 66263.22 of Title 22 of the California Code of Regulations, used oil haulers must include the following information on each manifest receipt:

(a) The generator category of the entity generating the used oil, as defined in Section 18601 of this Chapter;

(b) If a load of oil contains any volume of lubricating oil, the hauler must provide an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil collected from the generator.

(1) To obtain an estimate, used oil haulers must ask each generator to provide an approximation of the amount of used lubricating oil and the amount of used industrial oil being collected.

(2) If the generator fails to provide a hauler with an estimate of the amount of lubricating versus industrial oil, the hauler must use its best judgment to provide an estimate based upon its knowledge, if any, of the types of machinery used by the generator.

(3) Used oil haulers will not be held liable for the accuracy of estimates made pursuant to (1) and

(2), above.

(4) If no estimate is provided by the hauler, the load will be considered to contain only industrial oil. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48672, Public Resources Code.


Section 18633. Information To Be Provided To Recipients Of Used Oil Deliveries.

Used oil haulers must provide the recipients of their used oil (i.e., a used oil transfer facility, a used oil storage facility, or a used oil recycling facility) with either:

(a) A receipt containing the following information for each delivery:

(1) The manifest number;

(2) If a load of oil contains any volume of lubricating oil, the hauler must provide an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil contained in the delivery; or

(b) An estimate in box 11 or box 15 of the Uniform Hazardous Waste Manifest, of the amount, in gallons, of lubricating oil and the amount, in gallons of industrial oil contained in the delivery. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48672 and 48673, Public Resources Code.


Section 18634. Used Oil Hauler Reports.

All used oil haulers must prepare and submit to CalRecycle a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter.

(a) All reports must be submitted to CalRecycle on or before the last day of the month following each quarter, as defined in section 18601 of this Chapter. For example, used oil transported during the quarter commencing July 1 and ending September 30 must be reported by October 31, and used oil transported during the quarter commencing October 1 and ending December 31 must be reported by January 31.

(b) Reports must contain all of the following information for the used oil that used oil haulers collected during the reporting period:

(1) An estimate, by generator category, of the total amount, in gallons, of lubricating oil collected and transported;

(2) An estimate, by generator category, of the total amount, in gallons, of industrial oil collected and transported;

(3) The sum total, in gallons, of all used lubricating and industrial oil collected and transported;

(4) If used oil haulers are also the operator of a used oil transfer facility or a used oil storage facility, indicate the amount of used oil included in this report which was, or will be, to the best of used oil haulers’ knowledge, reported to CalRecycle by another hauler;

(5) A listing of all the locations to which used oil haulers transported used oil during the reporting period, including used oil transfer facilities, used oil storage facilities, and used oil recycling facilities. For each location, used oil haulers must specify the volumes of lubricating and industrial oil transported to the location, the name of the entity, the street address, the mailing address, the telephone number, and the U.S. EPA Identification Number.  

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48672, Public Resources Code.


Article 5. Used Oil Recycling Facilities

Section 18640. Scope and Applicability.

In addition to the general requirements of Article 2 of this Chapter, used oil recycling facilities, as defined in Section 48624 of the Public Resources Code, shall comply with the provisions of this Article.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48624, 48662, and 48673, Public Resources Code.


Section 18641. Recordkeeping Requirements for Used Oil Recycling Facilities and Used Oil Rerefining Facilities.

Operatiors of used oil recycling facilities and used oil rerefining facilities must maintain the following records in accordance with the general requirements set forth in Section 18613 of this Chapter.

(a) Manifests, maintained pursuant to Section 66264.71(a)(2)(E) of Title 22 of the California Code of Regulations, must be made available for examination pursuant to Section 18611 of this Chapter.

(b) For each delivery received, an estimate of the amount, in gallons, which is used lubricating oil and the amount which is used industrial oil. An estimate of these amounts may be obtained from the used oil hauler delivering the used oil pursuant to Section 18633 of this Chapter.

(c) Records of the amount of used oil processed at the facility must be maintained. These records must include:

(1) The amount, in gallons, of recycled oil produced. For purposes of this section, recycled oil includes used oil as it is defined in the Section 25250.1 of the Health and Safety Code, and which is prepared for reuse, including used oil which is:

(A) Processed into rerefined oil;

(B) Processed into industrial oil;

(C) Processed into fuel oil;

(D) Processed into asphalt;

(E) Consumed in the process of preparing it for reuse, including being burned for energy recovery;

(2) The amount, in gallons, of used oil transferred to another facility for processing or treatment;

(3) The amount, in gallons, of residual material produced. For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those:

(A) Produced as a nonhazardous waste (e.g., water);

(B) Produced as a hazardous waste;

(C) Other.

If "other" is indicated, you must indicate the specific residual material produced. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48673, Public Resources Code.


Section 18642. Used Oil Recycling and Used Oil Rerefining Facility Reports.

(a) Used oil recycling andrerefining facilities that have been registered or certified by CalRecycle must prepare and submit to CalRecycle a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter.

(b) All reports must be submitted on or before the last day of the month following each quarter, as defined in section 18601 of this Chapter. For example, used oil received and recycled during the quarter commencing July 1 and ending September 30 must be reported by October 31, and used oil received and recycled during the quarter commencing October 1 and ending December 31 must be reported by January 31.

(c) Reports must contain all of the following information for the reporting period:

(1) The total amount, in gallons, of used oil received during the reporting period, including:

(A) An estimate of the total amount of lubricating oil received;

(B) An estimate of the total amount of industrial oil received.

(2) The amount of used lubricating and used industrial oil received from:

(A) within California;

(B) outside of California.

If used oil is received from outside of California, the report must include the state or country from which the used oil was received.

(3) The total amount, in gallons, of recycled oil produced by the facility. For purposes of this section, recycled oil includes used oil as it is defined in the Section 25250.1 of the Health and Safety Code, and which is prepared for reuse, including used oil which is:

(A) Processed into rerefined oil;

(B) Processed into industrial oil;

(C) Processed into fuel oil;

(D) Processed into asphalt;

(E) Consumed in the process of preparing it for reuse, including being burned for energy recovery;

(4) The total amount, in gallons, of used oil transferred to another facility for processing or treatment and the name and U.S. EPA Identification number of each facility;

(5) The total amount, in gallons, of residual material produced. For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those:

(A) Produced as a nonhazardous waste (e.g., water);

(B) Produced as a hazardous waste;

(C) Other.

If "other" is indicated, you must indicate the specific residual material produced. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48673, Public Resources Code.


Section 18643.0. Registration and Certification of Used Oil Recycling Facilities and Rerefining Facilities.

(a) CalRecycle shall consider certifying any used oil recycling facility in California, as defined in Section 48624 of the Public Resources Code. Upon application, CalRecycle shall consider registering any used oil recycling facilities outside of California that meet the requirements as described in Section 48662(b) of the Public Resources Code. Upon application, CalRecycle shall consider certifying any used oil rerefining facilities that meet the requirements as described in Section 48662(c) of the Public Resources Code. 

(b) All out-of-state facilities must submit the following information in order to become registered or certified with CalRecycle:

(1) Name, address, and EPA identification number of facility;

(2) Name and address of the company that owns the facility, if different from facility;

(3) Full name, phone number, and e-mail address of a contact person for facility;

(4) Name of enforcement agency responsible for enforcing Part 279 of Title 40 of the Code of Federal Regulations;

(5) Full name, phone number, and e-mail address of contact person for enforcement agency;

(6) Declaration that the following conditions are met:

(A) The facility is operating within substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations (Part 279).

(B) The facility will provide the Department and CalRecycle, upon request, with a copy of any inspection report and any related documents issued for the facility by the Enforcement Agency identified above;

(C) If approved for registration, the facility will issue to CalRecycle quarterly reports identifying the amount of California used oil received and the resultant amount of recycled oil produced;

(D) In the event any of the above conditions are no longer true, the facility will immediately notify CalRecycle;

(E) The individual signing the application has the authority to make this declaration and to contractually bind the facility;

(7) The application shall be signed by an individual who has the authority to make the declarations outlined in Section (6) above, under penalty of perjury;

(c) All used oil re-refining facilities must submit the following information in order to become certified with CalRecycle:

(1) Name, address, and EPA Identification Number of the facility;

(2) Name and address of the company that owns the facility, if different from facility;

(3) Full name, phone number, and e-mail address of contact person for the facility;

(4) Name of the enforcement agency responsible for enforcing Part 279 of Title 40 of the Code of Federal Regulations;

(5) Full name, phone number, and e-mail address of a contact person for the enforcement agency;

(6) Declaration that the following conditions are met:

(A) The facility produces rerefined base lubricant meeting the specifications of Section 48620.2(a) of the Public Resources Code;

(B) If approved for Certification, the facility will issue to CalRecycle quarterly reports identifying the amount of California used oil received and the resultant amount of recycled oil produced;

(C) If the facility is located outside of California, the following conditions must also be met:

1. The facility is operating within substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations (Part 279).

2. The facility will annually certify in writing to CalRecycle, under penalty of perjury, that it substantially meets the requirements in PRC section 48662(c)(2);

3. The facility has entered into an agreement with the Department pursuant to PRC section 48662(f); and

4. The facility will provide the Department and CalRecycle, upon request, with a copy of any inspection report and any related documents issued for the facility by the Enforcement Agency per PRC section 48662(b).

(E) In the event any of the above conditions are no longer true, the facility will immediately notify CalRecycle; and

(F) The individual signing the certification application has the authority to make this declaration and to contractually bind the facility.

(7) The certification application shall be signed by an individual who has the authority to make the declarations, under penalty of perjury.

(d) If an application for rerefiner certification is approved, the applicant will receive written notice, a certification number, and a certificate.

(e) If registration or certification is denied, CalRecycle will notify the applicant of the reason(s) for denial. If CalRecycle denies registration or certification, the facility may appeal that decision within thirty (30) calendar days after the date of the denial notification. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial notification shall be denied without consideration of the appeal.

(1) A written appeal shall include, at minimum, the following information:

(A) The facility’s name and location;

(B) The type of certification or registration denied;

(C) The date on the notification from CalRecycle and the stated reasons for denial;

(D) A statement of the basis for objecting to the denial; and

(E) Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for denial and any additional relevant information presented by the applicant or CalRecycle staff.

(2) CalRecycle will notify the appealing party of its determination, in writing, within twenty (20) calendar days of its receipt of the appeal.

(f) If an application for registration or certification is denied, the applicant may re-apply, and CalRecycle may approve the new application if it determines that the facility meets the registration or certification standards as described above. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48624 and 48662, Public Resources Code.


Section 18643.1. Repealed.


Section 18643.2. Recertification of Used Oil Rerefining Facilities.

(a) Certified rerefining facilities must annually certify to CalRecycle that they substantially meet the requirements described in Section 48662(c), (d) and (f) of the Public Resources Code, in writing and under penalty of perjury. Certified rerefining facilities must also include the following certifications:

(1) The facility must certify that it produces rerefined base lubricant meeting the specifications in Section 48620.2 of the Public Resources Code. A facility located out-of-state shall, upon request, provide CalRecycle or the Department with a copy of records demonstrating that the used oil has been recycled to meet the specifications for rerefined oil as defined in Section 48620.2 of the Public Resources Code; and

(2) If the facility is located outside of California, it must certify that it is operating within substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations (Part 279) per PRC section 48662(b).

(b) Upon receipt of the annual statements from a rerefining facility, CalRecycle will review the facility and will notify the operator of the facility in writing that its certification is either:

(1) Approved; or

(2) Denied, and the reasons for denial.

(c) Denial may occur when a facility is engaged in a repeating or recurring pattern of:

(1) Non-compliance with the requirements of Section 18643.2(a) above; or

(2) A failure to submit quarterly facility reports as described in Section 18642 of this Chapter.

(d) If re-certification is denied, CalRecycle will notify the facility of the reason(s) for denial. If CalRecycle denies re-certification, the facility may appeal that decision within thirty (30) calendar days after the date of the notice of the denial. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial shall be denied without consideration of the appeal.

(1) A written appeal shall include, at minimum, the following information:

(A) The facility’s name and location;

(B) The type of certification denied;

(C) The date on the notification from CalRecycle and the stated reasons for denial;

(D) A statement of the basis for objecting to the denial; and

(E) Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for denial, and any additional relevant information presented by the applicant or CalRecycle staff.

(2) CalRecycle will notify the appealing party of the determination in writing within twenty (20) calendar days of its receipt of the appeal.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48662, Public Resources Code.


Section 18643.3. Registration Status of Used Oil Recycling Facilities.

(a) Following the annual inspection of a used oil recycling facility pursuant to Section 48661 of the Public Resources Code, the Department forwards an inspection report of the facility to CalRecycle for review.

(b) Within forty-five (45) working days of receipt of the above described inspection report, CalRecycle notifies the operator of the facility in writing that its certification or registration is either:

(1) Approved; or

(2) Denied, and the reasons for denial.

(c) Denial may occur when a facility is engaged in a repeating or recurring pattern of:

(1) Noncompliance that poses a significant threat to public health and safety or the environment. Such a pattern may include violations as described in Public Resources Code Sections 48661(b) and (c); or

(2) A failure to submit quarterly facility reports as described in Section 18642 of this Chapter.

(d) If re-registration or re-certification is denied, CalRecycle will notify the applicant of the reason(s) for denial. If CalRecycle denies re-registration or re-certification, the facility may appeal that decision within thirty (30) calendar days after the date of the denial notification. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial notification shall be denied without consideration of the appeal.

If CalRecycle denies an application for certification or registration, certificate or suspends or revokes a certificate, the facility may appeal that decision within thirty (30) calendar days after the date of the denial, suspension or revocation. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial, suspension or revocation shall be denied without consideration of the appeal.

(1) A written appeal shall include, at minimum, the following information:

(A) The facility’s name and location;

(B) The type of certification or registration denied;

(C) The date on the notification from CalRecycle and the stated reasons for denial;

(D) A statement of the basis for objecting to the denial; and

(E) Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for denial, and any additional relevant information presented by the applicant or CalRecycle staff.

(2) CalRecycle will notify the appealing party of the determination in writing within twenty (20) calendar days of its receipt of the appeal. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48662, Public Resources Code.


Section 18643.4. Used Oil Recycling and Re-Refining Facility Certificate.

(a) The used oil recycling facility or re-refining facility certificate issued by CalRecycle shall be kept on file at the facility. An operator may request that the certificate be kept on file at another location, and CalRecycle may grant approval of such request when the request is submitted in writing and the following conditions are met:

(1) A copy of the certificate with a statement indicating where the original certificate is maintained is kept at the recycling facility; and

(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of Article 5 of these regulations are maintained. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48662, Public Resources Code.


Section 18643.5. Certificate Validity.

A certificate is valid until such time that it is surrendered by the operator, or recertification is denied pursuant to Sections 18643.2 or 18643.3 of this Article.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48662, Public Resources Code.


Section 18643.6. Transfer of Registration or Certification.

Registration or certification of a facility is neither transferrable nor assignable to any other person. It is issued to a specific operator of a used oil recycling or used oil rerefining facility for a specific location. The operator of a facility must notify CalRecycle in writing of any change in the operator, location of the facility, or cessation of facility operation. The notification shall be submitted to CalRecycle within sixty (60) calendar days of the change occurring.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48662, Public Resources Code.


Section 18643.7. List of Certified Used Oil Recycling Facilities.

CalRecycle will maintain on its website a current list of certified used oil recycling facilities, registered out-of-state used oil recycling facilities, and certified used oil rerefining facilities. (b) CalRecycle will maintain on its website a current list of used oil recycling facilities whose certifications were denied by CalRecycle.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48662, Public Resources Code.


Section 18644. Repealed.

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