Hazardous waste transporters are individuals or entities that move hazardous waste from one site to another by highway, rail, water, or air. This includes transporting hazardous waste from a generator's site to a facility that can recycle, treat, store, or dispose of the waste. It can also include transporting treated hazardous waste to a site for further treatment or disposal.  

Requirements for transporters include (see also 40 CFR Part 263):

• Obtaining an EPA Identification number (see Notification)
• Complying with the e-manifest system requirements (see e-Manifests and 40 CFR §263.20)
• Responding appropriately to hazardous waste discharges
• Complying with all applicable DOT regulations (see 49 CFR Part 171-179 and DOT's hazardous materials safety Web site).

Transporters in Virginia formerly required a Transporter Permit to operate; however, the regulations requiring a permit were rescinded in 2014, and a transporter now only requires an EPA ID number to transport hazardous waste. Transporters that operate nationally need only obtain an EPA ID number for their HQ location, and may use that ID for activities conducted nationally.

If a transporter consolidates the contents of two or more containers with the same hazardous waste into a new container, or combines and consolidates two different hazardous wastes that are compatible with each other, the transporter must comply with HW generator requirements. The generator must mark its containers of 119 gallons or less with the following information: (1) The words “Hazardous Waste” and (2) The applicable EPA hazardous waste number(s) (EPA hazardous waste codes).

Except as provided below, the transporter must deliver the entire quantity of hazardous waste which he or she has accepted from a generator or a transporter to: (1) The designated facility listed on the manifest; or (2) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or (3) The next designated transporter; or (4) The place outside the United States designated by the generator.

If the hazardous waste cannot be delivered as provided above because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter must contact the generator for further instructions and must revise the manifest according to the generator's instructions.

A transfer facility means any transportation-related facility, including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste or hazardous secondary materials are held during the normal course of transportation.

Hazardous wastes may be kept at a transfer facility for up to 10 days without requiring a hazardous waste storage permit.

Transfer facilities do not require an EPA Identification number.

A transporter may keep hazardous waste at more than one transfer facility during its transportation as needed; however, the waste still must arrive at its destination treatment, storage, or disposal facility within 45 days or less.

Used Oil Generators, Transporters, Burners and Processors

Used oil is any oil that has been refined from crude oil or any synthetic oil that is used, and as a result of such use, is contaminated by physical or chemical impurities. In general, this includes engine crankcase oil, machine lubricating oil, cutting oil, hydraulic oil, heat treating oil, and compressor oil. "Waste oil" is not the same as used oil.

The generation, transportation, burning and processing of used oil is regulated used oil management standards.

Used oil management standards are based on the recycling presumption

The standards established for used oil management operate under the presumption that used oil will be recycled. Therefore, the standards apply unless the used oil is managed or disposed of inconsistent with the requirements, at which point the generator must assess the oil for HW characteristics.

Used oil may be conditionally excluded from regulation as HW when recycled under 40 CFR Part 279. Recycled means reused, re-refined, reclaimed, burned for energy recovery or reprocessed.

Used oil that is not HW, but cannot be managed for recycling under Part 279, must be managed in accordance with 40 CFR Parts 257 and 258.

Please note: Used oil use as a dust suppressant is strictly prohibited in Virginia!

Mixtures of used oil with other materials

Mixtures of used oil and fuels or other fuel products may be managed under the used oil regulations. This may result in the oil becoming "off specification," particularly if mixed with gasoline.

If wastewater is contaminated with de minimis amounts of oil and managed in units regulated under CWA 307 or 402, oily wastewaters are not subject to Part 279.

Used Oil generated on vessels is not regulated under RCRA until it reaches shore. Used Oil contaminated with PCBs is regulated under the Toxic Substances Control Act.

Characterization of used oil

• Used oil mixed with a listed HW must be managed as a listed hazardous waste. [NOTE: It is a HW fuel if subsequently burned for energy recovery in a Boiler or Industrial Furnace (BIF).]
• Used oil mixed with a characteristic HW is a HW if the mixture exhibits a characteristic.
• Used oil mixed with an ignitable ONLY hazardous waste (D001) may be managed as a used oil if the mixture does not exhibit an ignitable characteristic (NOTE: generally, only degreasing mineral spirits will qualify).
• HW managed by VSQGs, when mixed with their own used oil, may be managed under 40 CFR 279; however this may result in substantial extra costs for disposal through used oil or HW contractors and is not recommended.

Halogens in used oil

Used oil with >1000 ppm halogens is always presumed to be a HW. This is a rebuttable presumption! The generator MUST make the claim and document support of his claim if he is rebutting!! Generators may demonstrate, by chemical analysis, that the oil does not contain significant concentrations of halogenated HW constituents listed in the regulations.

On-site used oil storage

Under the applicable regulations, used oil generators must:

• Store oil in tanks or containers (or units subject to RCRA standards)
• Maintain containers and tanks in good condition, no leaks
• Label containers and tanks with the words "Used Oil" (or label fill pipes for USTs)
• Establish a Spill Prevention, Control and Countermeasures (SPCC) plan, where applicable
• Use a transporter with an EPA ID number

Used oil filters

Used oil filters are NOT regulated as a hazardous waste if managed by one of the following methods:

• Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;
• Hot draining and crushing;
• Dismantling and hot draining; or
• Any other equivalent hot-draining method which will remove used oil.
• Virginia follows the federal exemption for this provision - some states do not recognize this exemption

Filters managed by one of these methods are still regulated as a solid waste subject to solid waste management regulations; however, they may be managed for scrap metal reclamation. {NOTE: Gasoline, diesel, air, transmission or other type filters are NOT included in the used oil filter exclusion. They may be excluded from potential HW regulation only if being recycled as scrap metal. Otherwise, the generator must determine if they meet a HW characteristic.}

Used oil fuel specifications

Specifications are a set of criteria intended to be protective of human health and the environment in all circumstances. A used oil that meets specification levels is comparable to a product fuel in terms of regulation. Used oil that is tested and is not within these set parameters is termed off-specification.

“On specification” used oil does not exceed any specification limits (see below), has not been mixed with HW,* or is from households ("DIY" oil) or has had ignitable characteristic only waste added and meets the performance standard. On specification used oil is subject only to the analysis and recordkeeping requirements under Part 279. On specification oil generally may be managed or burned by anyone for any legitimate oil burning purpose (e.g., space heaters, boilers, oil furnaces) regardless of whether it is generated on-site or not. Used oil may occasionally exhibit a characteristic of a HW because of its normal use. Used oil that exhibits a characteristic may still qualify as on-specification used oil if HW has not been added to it and the generator can certify this claim.

“Off-specification used oil fuel" is used oil to be burned for energy recovery that exceeds any of these specification limits (total metals analysis, not TC):

• Arsenic 5 ppm
• Cadmium 2 ppm
• Chromium 10 ppm
• Lead 100 ppm
• Flash point 100°F minimum (i.e., fp must be greater than 100°F)
• Total Halogens >4,000 ppm

Off specification oil may only be managed by Used Oil Marketers or Burners who have notified the Department of this activity and who have obtained an EPA ID number - i.e., full regulation under Part 279. Off specification oil may only be burned in industrial furnaces or boilers, in accordance with Part 279 regulations applicable to Burners.

See 40 CFR Part 279 for full regulations governing the marketing, burning and processing of used oil.

Generators of off-specification used oil

• Subject to Part 279 marketer or burner requirements if conducting those activities
• ANALYSIS IS REQUIRED
• May offer it only to marketers or burners who have notified the Department that they manage off-specification oil and who have an EPA ID number
• Offer only to transporters who have an EPA ID number

Space heaters

In general, generators may burn their own on- or off-specification used oil in their own space heaters. The heater must burn only used oil that the owner or operator generates, on specification oil, or used oil received from household "DIY" generators. The heater must be designed to have a maximum capacity of not more than 0.5 million Btu/hr and the combustion gases must be vented to the ambient air. Wood fired stoves or similar devices employed as oil burning heating devices do not usually meet the requirements of a legitimate space heater; DEQ Air Division will have jurisdiction in making specific device determination.

On specification oil ONLY may also be received from off-site and burned in space heaters. However, the user must be prepared to demonstrate by records or analysis that any used oil received from off-site meets the specification. Otherwise such activities may be considered improper Burner or Incinerator activities for failure to meet the used oil analysis requirement, and will be subject to possible enforcement action.

"DIY" household used oil

"DIY" oil is excluded from the specification requirements and most management standards of Part 279. DIY oil from engine crankcases is not known to exceed used oil specifications in most cases and only in rare cases is DIY oil likely to be contaminated with a material which may cause oil to exceed a specification.

Businesses receiving DIY used oil may manage it by adding it to their own used oil, maintaining it separately for delivery to used oil collectors, or burning it in their on-site space heaters. Businesses collecting DIY used oil should advise their customers of their requirements for accepting their oil. A posted notice to customers stating drop-off hours and procedures, warnings against contaminating their oil with other automotive fluids, and a log-in sheet for participants are recommended. After-hours and uncontrolled drop-offs should be discouraged.

Used Oil Transporters

Used oil transporters are required to submit a Notification as a used oil transporter on an EPA Form 8700-12. Additionally, used oil transporters must comply with applicable DOT. Additionally, used oil transporters are required to promptly and properly address any used oil spills that take place during transportation.