1. (1) Class I:

   1. (a) Using used oil as a dust suppressant, pesticide, or otherwise spreading used oil directly in the environment;
   2. (b) Burning a used oil mixture where the used oil mixture has less than 5,000 Btu/pound;
   3. (c) Offering for sale used oil as specification used oil fuel when the used oil does not meet used oil fuel specifications;
   4. (d) Selling off-specification used oil fuel to a facility not meeting the definition of an industrial boiler or furnace;
   5. (e) Burning off-specification used oil in a device that does not meet the definition of an industrial boiler or furnace and is not otherwise exempt;
   6. (f) Failing to make an on-specification used oil fuel determination when required, by a used oil generator, transporter, burner or processor;
   7. (g) Storing or managing used oil in a surface impoundment;
   8. (h) Failing to determine whether used oil exceeds the permissible halogen content, by a used oil transporter, burner or processor;
   9. (i) Failing to perform required closure on a used oil tank or container, by a used oil processor or re-refiner;
   10. (j) Failing to maintain required secondary containment at a used oil transfer facility or by a processor, burner, or marketer of used oil; or
   11. (k) Failing to immediately clean up spills or releases or threatened spills or releases of used oil, by any person having ownership or control over the used oil.

2. (2) Class II:

   1. (a) Failing to obtain a one-time written notification from a burner before shipping off-specification used oil fuel, by a used oil generator, transporter, processor or re-refiner;
   2. (b) Failing to develop, follow and maintain records of a written waste analysis plan, by a used oil processor;
   3. (c) Failing to close or cover a used oil tank or container;
   4. (d) Failing to timely submit annual used oil handling reports, by a used oil processor;
   5. (e) Failing to label each container or tank used for the accumulation or storage of used oil on site, unless otherwise classified;
   6. (f) Failing to keep a written operating record at the facility, by a used oil processor;
   7. (g) Failing to prepare and maintain an up-to-date preparedness and prevention plan, by a used oil processor; or
   8. (h) Transporting, processing, re-refining, burning or marketing used oil without first obtaining an EPA ID number.

3. (3) Class III:

   1. (a) Failing to label one container or tank in which used oil was accumulated on site, if five or more tanks or containers are present;
   2. (b) Failing to label up to two containers used for the accumulation or storage of used oil on site; or
   3. (c) Failing to label a tank having less than 100 gallon capacity when used for the accumulation or storage of used oil on site.

Statutory/Other Authority

ORS 459.995, 468.020, 459A.590, 459A.595 & 468.996

Statutes/Other Implemented

ORS 459A.580 - 459A.585, 459A.590 & 468.090 - 468.140

History

DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 1-2014, f. & cert. ef. 1-6-14
DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06
DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05
DEQ 19-1998, f. & cert. ef. 10-12-98
DEQ 21-1992, f. & cert. ef. 8-11-92
DEQ 33-1990, f. & cert. ef. 8-15-90