OAR 340-012-0072: Used Oil Management Classification of Violations

(1) Class I: (a) Using used oil as a dust suppressant, pesticide, or otherwise spreading used oil directly in the environment; (b) Burning a used oil mixture where the used oil mixture has less than 5,000 Btu/pound; (c) Offering for sale used oil as specification used oil fuel when the used oil does not meet used oil fuel specifications; (d) Selling off-specification used oil fuel to a facility not meeting the definition of an industrial boiler or furnace; (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; (f) Failing to make an on-specification used oil fuel determination when required, by a used oil generator, transporter, burner or processor; (g) Storing or managing used oil in a surface impoundment; (h) Failing to determine whether used oil exceeds the permissible halogen content, by a used oil transporter, burner or processor; (i) Failing to perform required closure on a used oil tank or container, by a used oil processor or re-refiner; (j) Failing to maintain required secondary containment at a used oil transfer facility or by a processor, burner, or marketer of used oil; or (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) Class II: (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; (b) Failing to develop, follow and maintain records of a written waste analysis plan, by a used oil processor; (c) Failing to close or cover a used oil tank or container; (d) Failing to timely submit annual used oil handling reports, by a used oil processor; (e) Failing to label each container or tank used for the accumulation or storage of used oil on site, unless otherwise classified; (f) Failing to keep a written operating record at the facility, by a used oil processor; (g) Failing to prepare and maintain an up-to-date preparedness and prevention plan, by a used oil processor; or (h) Transporting, processing, re-refining, burning or marketing used oil without first obtaining an EPA ID number. (3) Class III: (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; (b) Failing to label up to two containers used for the accumulation or storage of used oil on site; or (c) Failing to label a tank having less than 100 gallon capacity when used for the accumulation or storage of used oil on site.