Page 1 of 24 General Approval for Class D Recyclable ... 1 of 24 General Approval for Class D Recyclable Materials for LORCO Petroleum Services Division of Solid & Hazardous Waste

Page 1 of 24 General Approval for Class D Recyclable Materials for LORCO Petroleum Services

Division of Solid & Hazardous Waste401 E. State Street

P.O. Box 414Trenton, New Jersey 08625-0414

Phone# 609-984-6985Fax# 609-633-9839

GENERAL APPROVAL TO OPERATE A RECYCLING CENTERFOR CLASS D RECYCLABLE MATERIALS (USED OIL)

Under the provisions of N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 13:1E-99.11 et seq., known as the SolidWaste Management Act and New Jersey Statewide Mandatory Source Separation and Recycling Act,respectively, and pursuant to N.J.A.C. 7:26A-1 et seq., known as the Recycling Regulations, thisapproval is hereby issued to:

LORCO Petroleum Services

Facility Type: Recycling Center (Used Oil and Antifreeze Storage/Processing)Lot No.: 1445 and 1464Block No.: 4Municipality: Elizabeth CityCounty: UnionFacility Registration No.: 2004001424

This General Approval is subject to compliance with all conditions specified herein and all regulationspromulgated by the Department of Environmental Protection (Department) or as may be amended inthe future. All references to specific regulations include any future amendments thereof.

This General Approval shall not prejudice any claim the State may have to riparian land nor does itallow the registrant to fill or alter, or allow to be filled or altered, in any way, lands that are deemed tobe riparian, wetlands, stream encroachment or flood plains, or within the Coastal Area Facility ReviewAct (CAFRA) zone or are subject to the Pinelands Protection Act of 1979, nor shall it allow thedischarge of pollutants to waters of this State without first acquiring the necessary grants, permits, orapprovals from the Department or the U.S. Environmental Protection Agency.

April 15, 1999 Signed by Thomas Sherman, Assistant DirectorIssuance Date Thomas Sherman

Assistant Director May 10, 1999 Office of Permitting and Technical ProgramsModified Date Division of Solid and Hazardous Waste

April 15, 2004 Expiration Date


Table of Contents

ItemsPage

Scope of Approval 3Regulated Activities at the Facility 3Facility Description 3

Section I - General Conditions Applicable to All Recycling Centers

1. Duty to Comply 42. Duty to Renew the General Approval 43. Transfer of Approval to New Owner or Operator 44. Modification of Approval 45. Revocation of Approval 56. Recordkeeping Requirements 57. Reporting Requirements 58. Right of Entry 79. Preparedness and Prevention 810. Contingency Plan and Emergency Procedures 811. Rebuttable Presumption 1012 Used Oil Specifications 1013. Labeling Requirements 1114. Operating Record 1215. Operations Plan 1216. Tracking Standards 1217. Financial Assurance 1218. Signatory Requirements 12

Section II - Specific Facility Conditions Applicable to LORCO Petroleum Services

1. Authorized Recyclable Materials 132. Referenced Approval Application Documents 143. Authorized Activities 154. Recyclable Material Acceptance and Processing Schedule 195. Analysis Requirements 196. End Product Specifications 227. Closure Plan 22


Scope of Approval

This General Approval (approval), along with the referenced application documents herein specified,shall constitute the sole approval of a Recycling Center operations for Class D Recyclable Material(used oil and antifreeze) storage and process center by LORCO Petroleum Services (operator) locatedin Elizabeth City, Union County, New Jersey. Any registration, approval or permit previously issued bythe Division of Solid and Hazardous Waste or its predecessor agencies is hereby superseded.

Regulated Activities at the Facility

Section I of this approval contains the general conditions applicable to all used oil recycling centers.Section II of this approval contains specific conditions applicable to the operations of this operator.

Facility Description

The operator is located within the 11.7 acres owned by Federal Petroleum, L.L.C. and is a used oilstorage, transfer, treating and blending facility. The operator owns a fleet of tank trucks and collectsthe used oil from New Jersey, New York, Pennsylvania and Delaware generators. The incoming andoutgoing tank trucks are 1,000 to 7,000 nominal gallons in capacity. The facility is designed to service160 trucks per day. Incoming trucks are parked at the off-loading area besides the drop tanks (No.1and No.2). When the incoming tank truck is manually drained by gravity into the drop tanks, it passesthrough a roughing screen, which removes any tar like sludge in the tank trucks bottom sediment. Theliquid sediment, mostly water, which accumulates in the drop tanks is pumped out daily to thewastewater storage Tank 28. The wastewater that accumulates in this tank is pumped out to a tanktruck, manifested for shipment by a licensed hauler and disposed of offsite at a licensed facility.

The used oil is accumulated in Tank 27, and based on the analytical data and operating experience, adecision is made whether the accumulated used oil requires blending with virgin fuel oil to meet theproduct specification. If blending is required to meet product specification, virgin fuel oil and/or on-specification oil from storage Tank 31 is transferred into Tank 27. Product meeting specification istransferred from Tank 27 to Tank 31 for storage and future sale or as blending stock for other used oilsin Tank 27 or into a tank truck or to the facility’s dock for shipment off-site by barge as a saleableproduct.

Incoming tank trucks containing antifreeze pull to the mobile antifreeze storage trailers located withinthe secondary containment area of Tank 32. Prior to any transfer, the material in the tank truck isanalyzed and the quantity compared to the available capacity in each of the two 10,000 gallonantifreeze trailers. The antifreeze in the tank truck is pumped to segregated storage compartments inthe mobile storage trailers. This operation is observed by both the facility operator and the tank truckdriver to reduce the chance of overflowing the storage trailer. The antifreeze is blended with virginantifreeze until the glycol percentage is brought into specification. The on-specification antifreeze isshipped off-site by barge as saleable product.

The modification was due to the reformatting of the general approval document and the rewording ofthe “Analysis Requirements” located at Condition 5(b) of Section II of this approval document.

Section I


General Conditions Applicable To All Recycling Centers

The approval is conditioned upon compliance with and implementation of the following:

1. Duty to Comply

The operator shall comply with all conditions of this approval. Any non-complianceconstitutes a violation of the Solid Waste Management Act (N.J.S.A. 13:1E-1.1 et seq.) and isgrounds for enforcement action; for approval termination, revocation and reissuance, ormodification; or for denial of an approval renewal application.

2. Duty to Renew the General Approval

(a) This approval is effective for a term of five (5) years from the date of issuance. Anapproval renewal shall be obtained from the Department to continue the activitiesregulated by the current approval.

(b) An application for renewal of a general approval shall be submitted at least three (3)months prior to expiration of the current approval. The applicant shall follow therenewal submission requirements and procedures set forth at N.J.A.C. 7:26A-3.6.

3. Transfer of Approval to a New Owner or Operator

The approval to operate the recycling center is not transferable to a new owner or operatorwithout the Department's prior approval. For any transfer of ownership or operational controlof the recycling center, the owner or operator of record of the center shall make a writtenrequest to the Department at least sixty (60) days in advance of the proposed transfer ofownership or operational control. The written request shall follow the requirements andprocedures set forth at N.J.A.C. 7:26A-3.15.

4. Modification of Approval

(a) Any changes affecting the conditions of this approval require the prior approval of theDepartment. For any changes to the information submitted pursuant N.J.A.C. 7:26A-3.2(a), 3.4, 3.19, the owner or operator shall follow the procedures set forth atN.J.A.C. 7:26A-3.10 and submit to the Department, the information required byN.J.A.C. 7:26A-3.10(c).

(b) The operator shall submit to the Department, written notification within one (1) weekof any change to the end-market information submitted to the Department pursuant toN.J.A.C. 7:26A-3.2(a)7. The notification shall detail all changes outlined in N.J.A.C.7:26A-3.10(f) and shall submit this notification to:

New Jersey Department of Environmental ProtectionDivision of Solid and Hazardous WasteP.O. Box 414Trenton, New Jersey 08625-0414


5. Revocation of Approval

Cause for, and procedures of revocation of this approval shall be as provided under N.J.A.C.7:26A-3.13.

6. Recordkeeping Requirements

(a) In accordance with N.J.A.C. 7:26A-3.17, the operator shall maintain daily records ofall materials received, stored, processed or transferred at the site. Said records shall beavailable at all times for inspection and shall indicate, at a minimum, the following:

1. A daily record of the amounts of each recyclable materials, expressed ingallons, by type and municipality of origin which are received, stored,processed or transferred each day.

2. The name, address, and telephone number of the end-markets for all recyclablematerials transported from the recycling center, including the amount in gallonstransported to each end-market. The Department reserves the right to verify allend-market information submitted by the operator.

3. The amount of residue disposed of, expressed in tons, cubic yards or gallons,including the name and the New Jersey Department of EnvironmentalProtection solid waste registration number of the solid waste collector/haulercontracted to provide the haulage/disposal service. Those persons specifyingthe amount of residue in cubic yards shall also indicate the conversion ratio ofresidue from cubic yards to tons.

(b) The operator shall retain the information required by item (a) above for three (3)calendar years following the calendar year for which reporting is required.

7. Reporting Requirements

(a) Annual Report

1. In accordance with N.J.A.C. 7:26A-3.17, the operator shall submit an annualreport containing monthly summary statements of the information requiredpursuant to Condition 6 above to the New Jersey Department ofEnvironmental Protection at the address referenced at Condition 7(d) ofSection I of this approval below, on or before February 1 of each year, for theprevious calendar year. The summaries shall include monthly totals of theamount of recyclable material received from each customer by the municipalityof origin. Furthermore, the summaries shall include monthly totals of theamount of recyclable product transferred to each end-market. The summariesshall also include the amount of residue disposed of during each month. Anannual fee will be paid to the Department on May 1, in accordance withN.J.A.C. 7:26A-2.1(b)1; and

2. In accordance with N.J.A.C. 7:26A-3.17(e), the operator shall certify in writingto the Department that all residue generated at the recycling center has beendisposed of in accordance with the solid waste management rules at N.J.A.C.


7:26. The certification shall be submitted annually as part of the annual report.

(b) Tonnage Report

In accordance with N.J.A.C. 7:26A-4.4, the operator shall provide a recycling tonnagereport by February 1 of each year to all municipalities from which recyclable materialwas received in the previous calendar year. The report shall detail the amount of eachsource separated recyclable material, expressed in tons or cubic yards, brought to therecycling center. Those persons specifying this information in cubic yards shall alsoindicate the conversion ratio of the materials from cubic yards to tons.

(c) Biennial Report

The operator shall report in the form of a letter, on a biennial basis (by March 1 of eacheven numbered year) the information outlined at N.J.A.C. 7:26A-6.7(h)2. The reportshall address the quantities of used oil accepted for processing/re-refining and themanner in which the used oil is processed/re-refined, including the specific processesemployed.

(d) One original and one copy of the annual report, tonnage report, and biennial reportshall be submitted to:

New Jersey Department of Environmental ProtectionDivision of Solid and Hazardous WasteChief, Bureau of Recycling & PlanningP.O. Box 414Trenton, New Jersey 08625-0414

(e) Reporting of Noncompliance

1. The operator shall, in accordance with N.J.A.C. 7:26A-6.7(c)2vi immediatelyreport orally any noncompliance which may endanger health or theenvironment including:

(i) Information concerning the release of any material that may cause anendangerment to public drinking water supplies.

(ii) Any information of a release or discharge of material or of a fire orexplosion from the recycling center, which could threaten theenvironment or human health outside the facility.

2. The description of the occurrence and its cause shall include:

(i) Name, address, and telephone number of the owner or operator;

(ii) Name, address, and telephone number of the facility;

(iii) Date, time, and type of incident;

(iv) Name and quantity of material(s) involved;


(v) The extent of injuries, if any;

(vi) An assessment of actual or potential hazards to the environment andhuman health outside the facility, where this is applicable; and

(vii) Estimated quantity and disposition of recovered material that resultedfrom the incident.

3. A written submission shall also be provided within five (5) days of the time theoperator becomes aware of the circumstances. The written submission shallcontain a description of the noncompliance and its cause; the period ofnoncompliance including exact dates and times, and if the noncompliance hasnot been corrected, the anticipated time it is expected to continue; and stepstaken or planned to reduce, eliminate, and prevent reoccurrence of thenoncompliance. The Department may waive the five-day written noticerequirement in favor of a written report within fifteen (15) days.

4. Oral Notification shall be provided to the Department’s Hotline at (609) 292-7172. Written notifications shall be submitted to:

New Jersey Department of Environmental ProtectionDivision of Solid and Hazardous Waste

P.O. Box 414, Class D Recycling ProgramTrenton, New Jersey 08625-0414

and

New Jersey Department of Environmental ProtectionWaste Compliance and Enforcement and Release PreventionChief, Bureau of Hazardous Waste Compliance and EnforcementP.O. Box 407Trenton, New Jersey 08625-0407

8. Right of Entry

The New Jersey Department of Environmental Protection shall have the right to enter andinspect, without prior notice, any building, vehicles, or other portion of the recycling center, orany other location of the company or its affiliated companies at any time. The right to inspectincludes, but is not limited to, the right to engage in the following activities:

(a) Sampling any materials on site;

(b) Photographing or videotaping any portion of the recycling center;

(c) Investigating an actual or suspected source of pollution of the environment;

(d) Ascertaining compliance or non-compliance with the statutes, rules or regulations ofthe Department, including conditions of the recycling center approval issued by theDepartment; or


(e) Reviewing and copying all applicable records, which shall be made available to theDepartment during an inspection and submitted to the Department upon request.

9. Preparedness and Prevention

(a) In accordance with N.J.A.C. 7:26A-6.7(c)1, the recycling center shall be designed,constructed, maintained and operated to minimize the possibility of fire, explosion, orany unplanned sudden or non-sudden release of used oil, oil based product or otherhazardous materials to the air, soil, surface water or groundwater which could threatenhuman health or the environment. The facility shall be equipped with emergencyequipment, including but not limited to:

1. An internal communications or alarm system capable of providing immediateemergency instruction (voice or signal) to facility personnel;

2. A device, such as a telephone (immediately available at the scene of operations)or a hand-held two-way radio, capable of summoning emergency assistancefrom local police departments, fire departments, or State or local emergencyresponse teams;

3. Portable fire extinguisher, fire control equipment, spill control equipment, anddecontamination equipment; and

4. Water at adequate volume and pressure to supply water hose streams, or foamproducing equipment, or automatic sprinklers, or water spray systems.

(b) All facility communications or alarm systems, fire protection equipment, spill controlequipment, and decontamination equipment, where required, shall be tested andmaintained as necessary to assure its proper operation in time of emergency.

10. Contingency Plan and Emergency Procedures

(a) In accordance with N.J.A.C. 7:26A-6.7(c)2, the owner or operator shall have acontingency plan and emergency procedures for the facility. The contingency plan andemergency procedures shall be designed to minimize hazards to human health or theenvironment from fires, explosions, or any unplanned sudden or non-sudden release ofused oil, oil based product or other hazardous materials to the air, soil, or surfacewater.

(b) The provisions of the Contingency Plan included in the approval application plus allamendments, revisions and modifications thereof subsequently submitted for reviewand accepted by the Department, and as referenced in Condition 2(b)2 of Section II ofthis approval, shall be carried out immediately whenever there is a fire, explosion orrelease of hazardous constituents which could threaten human health or theenvironment.

(c) When the facility emergency coordinator determines, in conjunction with theappropriate authorities, that the facility has had a discharge, fire, or explosion whichcould threaten human health or the environment outside the facility, the facilityemergency coordinator shall immediately notify the local Fire Department and local


Police Department if an assessment indicates that evacuation of local areas may beadvisable. The facility emergency coordinator shall be available to help officials decideif local areas should be evacuated. The telephone numbers are:

Fire Department: (908) 820-2800

Police Department: (908) 558-2000

(d) If the facility has a discharge, fire, or explosion, which could threaten human health or the environment, the following agencies shall be notified immediately:

New Jersey Department of Environmental ProtectionCommunication Center/Trenton DispatchBureau of Communication and Support ServicesTrenton, NJ 08625Telephone (609) 292-7172 (24 Hours)

Additionally, if the facility emergency coordinator determines that the facility has had adischarge, fire, or explosion, which could threaten human health or the environmentoutside facility, the emergency coordinator shall immediately notify:

National Response Center2100 Second Street, SWWashington, D.C. 20593Telephone 1-800-424-8802 (24 Hours)

(e) If the facility emergency coordinator determines that the facility has had a discharge,fire, or explosion which would threaten human health or the environment, the facilityemergency coordinator shall immediately notify the agencies listed in Condition 10(d)above. When notifying these agencies, the facility emergency coordinator shall reportthe type of substance and the estimated quantity discharged, if known; the location ofthe discharge; actions the person reporting the discharge proposes to take to contain,clean up and remove the substance if any and any other information concerning thedischarge which the Department may request at the time of notification.

(f) The owner or operator shall note in the operating record the time, date, and details ofany incident that requires implementing the contingency plan. Within fifteen (15) daysafter the incident, the owner or operator shall submit a written report on the incident tothe Department at the addresses in Condition 7(e)4 of Section I of this approval. Thereport shall include, but not be limited to:

(1) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and type of incident;

(4) Name and quantity of material(s) involved;


(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or theenvironment, where this is applicable; and

(7) An estimated quantity and disposition of recovered material that resulted fromthe incident.

11. Rebuttable Presumption

(a) To ensure that used oil managed at the facility is not hazardous waste under therebuttable presumption of N.J.A.C. 7:26A-6.1(a)2i(2), the owner or operator of thefacility shall determine, in accordance with N.J.A.C. 7:26A-6.7(d)2, whether the totalhalogen content of used oil managed at the facility is below 1,000 parts per million.

(b) If the used oil contains greater than or equal to 1,000 ppm total halogens, it ispresumed to be a hazardous waste because it has been mixed with halogenatedhazardous waste listed in 40 C.F.R. Parts 261.31, 261.32, and 261.33 as incorporatedby reference at N.J.A.C. 7:26G-5. The owner operator may rebut the presumption,except as set forth in N.J.A.C. 7:26A-6.7(d)3i and ii, by demonstrating that the used oildoes not contain hazardous waste (for example, by using an analytical method fromSW-846, Edition III), to show that the used oil does not contain significantconcentrations of halogenated hazardous constituents listed in Appendix VIII of 40C.F.R. Part 261, as incorporated by reference at N.J.A.C. 7:26G-5.

(c) If rebuttal is unsuccessful, hazardous waste shall be shipped off-site by a licensed NewJersey hazardous waste transporter as required by 40 C.F.R. 262.34, as incorporatedby reference at N.J.A.C. 7:26G-6.

12. Used Oil Specifications

(a) Used oil burned for energy recovery, and any fuel produced from used oil byprocessing, blending, or other treatment, is subject to regulation unless it is shown notto exceed any of the allowable levels of the constituents and properties in the followingspecification shown below. Once used oil that is to be burned for energy recovery hasbeen shown not to exceed any specification and the person making that showingcomplies with N.J.A.C. 7:26A-6.9(c), (d) and (e)3, the used oil is no longer subject toSubchapter 6 of Chapter 26A, Title 7.

Used Oil not exceeding any specification level is not subject to Subchapter 6 whenburned for Energy Recovery (except as noted below).1

Constituent/property Allowable levelArsenic 5 ppm maximumCadmium 2 ppm maximumChromium 10 ppm maximumLead 100 ppm maximumFlash point 100ΕF minimumTotal halogens 1000 ppm maximum2


NOTE: Applicable standards for the burning of used oil containing PCBs are also imposed by 40 C.F.R. 761.20(e).

1The specification does not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see N.J.A.C. 7:26A-6.1).2Used oil containing more than 1,000 ppm total halogens is presumed to be ahazardous waste under the rebuttable presumption provided under N.J.A.C.7:26A-6.1(a)2i. Such used oil is subject to 40 C.F.R. Part 266, subpart H, asincorporated by references at N.J.A.C. 7:26G-10 rather than Subchapter 6 whenburned for energy recovery unless the presumption of mixing can be successfullyrebutted.

(b) On-specification used oil may be directly burned for energy recovery in any device,furnace, or boiler, provided a Permit to Construct, Install or Alter Control Apparatusor Equipment and Certificate to Operate Control Apparatus or Equipment is obtainedfor the device in accordance with N.J.A.C. 7:27-22 prior to burning.

(c) Materials derived from used oil that are disposed of or used in a manner constitutingdisposal are:1. Not used oil and thus are not subject to N.J.A.C. 7:26A-6; and

2. Solid wastes and thus are subject to the hazardous waste regulations of 40C.F.R. Parts 260 through 266, 268, 270, and 124 if the materials are listed oridentified as hazardous wastes.

(d) Used oil re-refining distillation bottoms that are used as feedstock to manufactureasphalt products are not subject to N.J.A.C. 7:26A-6.

13. Labeling Requirements

(a) Containers, aboveground storage tanks and fill pipes used to transfer used oil intostorage tanks shall be labeled "Used Oil" in accordance with N.J.A.C. 7:26A-6.7(e)7.

(b) The operator shall, in accordance with N.J.A.C. 7:26A-3.5(f), prominently post andmaintain a legible sign at or near the entrance to the facility, indicating it is an approvedrecycling center.

14. Operating Record

The operator shall keep a written operating record at the facility in which the information inN.J.A.C. 7:26A-6.7(h) shall be recorded. The information shall be recorded as it becomesavailable and maintained until closure of the center.

15. Operations Plan

The operator shall submit to the Department as part of the application procedure for anapproval and maintain at the center an operations plan, which meets the requirements ofN.J.A.C. 7:26A-3.2(a)16.


16. Tracking Standard

The operator shall maintain a record of each used oil shipment accepted for processing/re-refining or for used oil shipped to a used oil burner, processor/re-refiner, or disposal facility.Records for each shipment shall be recorded in accordance with N.J.A.C. 7:26A-6.7(g).

17. Financial Assurance

(a) The operator, in accordance with N.J.A.C. 7:26A-3.4(c), is required to maintain andsubmit to the Department, within fifteen (15) days from the issuance date of thisapproval, a performance bond or letter of credit in an amount determined by theDepartment as necessary to effectuate the proper implementation of the closure plan inaccordance with Condition 7(a) of Section II of this approval and the removal,transportation and disposition of all materials which may be abandoned on the recyclingcenter site.

(b) The operator shall adjust the closure cost estimate for inflation within sixty (60) daysprior to the anniversary date of the establishment of the financial instrument(s). Theadjustment may be made by recalculating the maximum costs of closure in currentdollars, or by using an inflation factor derived from the most recent Implicit PriceDeflator for Gross National Product published by the U.S. Department of Commercein its Survey of Current Business. The inflation factor is the result of dividing the latestpublished annual Deflator by the Deflator for the previous year.

1. The first adjustment is made by multiplying the closure cost estimate by theinflation factor. The result is the adjusted closure cost estimate.

2. Subsequent adjustments are made by multiplying the latest adjusted closurecost estimate by the latest inflation factor.

18. Signatory Requirements

All applications, reports, or information submitted to the Department, in accordance withN.J.A.C. 7:26A-3.2(a) shall be accompanied by the written certification in accordance withN.J.A.C. 7:26A-3.2(b).

End of Section I

Section II

Specific Facility Conditions Applicable to LORCO Petroleum Services

1. Authorized Recyclable Materials

(a) The operator is authorized to accept, store and process the following recyclablematerials in containers and tanks as described in Conditions 3(a), (b) and (c) of thissection:


Material Description

Used Oil Any oil that has been refined from crude oil, or any syntheticoil, that has been used and as a result of such use, iscontaminated by physical or chemical impurities, or unused oilthat is contaminated by physical or chemical impurities throughstorage or handling and is determined to be a solid waste by thegenerator.

Any materials or mixtures of materials with used oil that areidentified at N.J.A.C. 7:26A-6.1(a) as being subject toregulation as used oil, weather or not the used oil or materialexhibits any characteristics of hazardous waste identified inSubpart C of 40 C.F.R. 261, as incorporated by reference atN.J.A.C. 7:26G-5.

Other Non-hazardous liquid with recoverable oil content, whichRecyclable otherwise would be ID 72 if not recycled.Materials

(b) The operator is authorized to accept, store and process the following recyclablematerial in mobile trailers as described in Conditions 3(d) of this section:

Material Description

Antifreeze Ethylene glycol

(c) The operator shall not accept any recyclable materials that do not conform to thespecific descriptions listed in 1(a) and (b), above, without prior written approval fromthe Department. All other solid and liquid waste materials, as defined in N.J.A.C. 7:26-2.13(g) and (h), are specifically prohibited from being accepted, stored and processedat this center. Further, The operator shall not accept any wastes that are subject toregulation as Federal (RCRA) hazardous waste under 40 C.F.R. Parts 260 through266, 268, 270, and 124.

2. Referenced Approval Application Documents

(a) The operator shall operate the recycling center, and construct or install associatedappurtenances thereto, in accordance with the provisions of N.J.A.C. 7:26A-1 et seq.,the New Jersey Uniform Construction Code, the conditions of this approval and thefollowing approval application documents:

1. An Application for General Approval of a Recycling Center for Class DRecyclable Materials (used oil) for the operator facility, prepared and submittedby Handex of New Jersey, Inc. on behalf of the operator, dated January 15,1998. The application document was subsequently amended on February 10,1998, March 27, 1998, August 28, 1998, September 3, 1998, and November


10, 1998. A letter dated April 22, 1999 signed by John Lionetti, President ofLORCO Petroleum Services requesting clarification of the analysisrequirements prior to executing a contract with generators.

2. The following drawings submitted:

(i) Title Sheet, Area Map dated December 12, 1997, signed and sealed byDavid C. Puchalski, P.E.

(ii) Area Tax Maps, City of Elizabeth, Book 1, pages 22 and 23; Book 11pages 2, 3, and 4.

(iii) City of Elizabeth, Union County Zoning Map.

(iv) Piping Plan, dated December 4, 1997.

(v) Survey of 450 South Front Street, dated April 11, 1996, signed andsealed by Gerard F. Coakey, P.E.

(vi) Site Plan dated December 4, 1997, signed and sealed by David C.Puchalski, P.E.

(vii) Traffic Flow Pattern, dated December 4, 1997, signed and sealed byDavid C. Puchalski, P.E.

(viii) USGS Elizabeth, NJ Quadrangle Map, 7.5 Minute Series, dated 1967,photorevised 1981.

(ix) Block Fow Diagram & Proposed Equipment, dated December 4, 1997.

(x) Foam System Plan, dated December 4, 1997.

(xi) Survey and Topography of 450 South Front Street, dated April 11,1996, revised August 21, 1998, signed and sealed by Gerard F.Coakey, P.E.

(xii) Shelby Tube Collection Points with Cross-Sections, dated August 14,1998.

(xiii) Cross-Section of Samples Collected for Vertical Permeability Testingfrom Tank Areas 27 and 28, dated August 21, 1998. RevisedNovember 11, 1998 as Figure 1 Site Plan, showing additional

sampling points of the floor and berm walls.

In case of conflict, the recycling rules of Title 7, Chapter 26A of the New JerseyAdministrative Code shall have precedence over the conditions of this approval, andthe conditions of this approval shall have precedence over the approval applicationdocuments listed above.


(b) One complete set of the approval application documents listed in Condition 2(a) above,and all records, reports and plans as may be required pursuant to this approval shall bekept on-site and shall be available for inspection by authorized representatives of theDepartment upon presentation of credentials. The records, reports and plans requiredpursuant to this approval include the following:

1. The Preparedness and Prevention plan required by Condition 9 of Section I ofthis approval and N.J.A.C. 7:26A-6.7(c)1.

2. The Contingency Plan required by Condition 10 of Section I of this approvaland N.J.A.C. 7:26A-6.7(c)2 and specifically the plan prepared by Handex ofNew Jersey, Inc., dated March 27, 1998 and amended August 24, 1998.

3. The Analysis Plan outlined in Condition 5 of Section II of this approval and asrequired by N.J.A.C. 7:26A-6.7(f), and specifically the plan prepared byHandex of New Jersey, Inc., dated January 15, 1998.

4. The Closure Plan required by Condition 7 of Section II of this approval and asrequired by N.J.A.C. 7:26A-6.7(e)9 dated January 15, 1998.

5. The written Operating Record required by Condition 14 of Section I of thisapproval and N.J.A.C. 7:26A-6.7(h).

6. The Operations Plan required by Condition 15 of Section I of this approvaland N.J.A.C. 7:26A-3.2(a)16.

3. Authorized Activities

(a) Storage in Tanks

1. The operator is authorized to receive and store used oil and other recyclablematerials authorized in Condition 1(a) of this section in the following tanks fora facility maximum daily capacity in accordance with N.J.A.C. 7:26A-4.1 andas detailed on engineering drawings cited in Condition 2(a) of this section ofthis approval, and as follows:

Design Capacity Material ofTank ID (gallons) Construction

27 1,457,064 Carbon Steel 28 1,514,436 Carbon Steel

2. The tanks used to store used oil at the center shall be:

(i) In good condition (no severe rusting, apparent structural defects ordeterioration); and

(ii) Not leaking (no visible leaks).


3. The secondary containment system shall consist of at a minimum:

(i) Dikes, berms or retaining walls; and

(ii) A floor. The floor shall cover the entire area within the dike, berm orretaining wall area except areas where existing portions of the tankmeet the ground.

4. In accordance with N.J.A.C. 7:26A-6.7(e)5 and 6, the containment system,including walls and floor shall be maintained free of cracks or gaps and shall besufficiently impervious to used oil to prevent any used oil released into thecontainment system from migrating out of the system to the soil, groundwateror surface water. The secondary containment system shall be maintained andoperated to efficiently drain and remove liquids resulting from leaks, spills andprecipitation.

5. Spilled or leaked used oil and accumulated precipitation shall be removed fromthe secondary containment system in as timely a manner as is possible toprevent harm to human health and the environment.

(b) Process in Tanks

1. The operator is authorized to process used oil and other recyclable materialsauthorized in Condition 1(a) of this section in the following tank in accordancewith N.J.A.C. 7:26A-4.1 and as detailed on engineering drawings cited inCondition 2(a) of this section of this approval, and as follows:

Design Capacity Allowable Used OilTank ID (gallons) Process Methods

27 1,457,064 Blending used oil with virginfuel oil and/or on-specificationused oil.

2. The tank used to process used oil at the center shall be:

(i) In good condition (no server rusting, apparent structural defects ordeterioration); and




(ii) A floor. The floor shall cover the entire area within the dike, berm orretaining wall area except areas where existing portions of the tankmeet the ground.


4. In accordance with N.J.A.C. 7:26A-6.7(e)5 and 6, the containment system,including walls and floor shall be maintained free of cracks or gaps and shall besufficiently impervious to used oil to prevent any used oil released into thecontainment system from migrating out of the system to the soil, groundwateror surface water. The secondary containment system shall be maintained andoperated to efficiently drain and remove liquids resulting from leaks, spills andprecipitation.


(c) Container Storage

1. The operator is authorized to store used oil and other recyclable materialsauthorized in Condition 1(a) of this section, in containers for a facilitymaximum capacity of 5,280 gallons in accordance with N.J.A.C. 7:26A-4.1and as detailed on engineering drawings cited in Condition 2(a) of this section,and as follows:

Drum Design Aisle MaximumStorage Capacity Container Space StackingArea ID (gallons) Size (inches) Height

One story 5,280 55 gallons 30 2 pallets Block (minimum)building



(ii) A floor. The floor shall cover the entire area within the dike, berm orretaining wall area.

3. In accordance with N.J.A.C. 7:26A-6.7(e)5 and 6, the containment system,including walls and floor shall be maintained free of cracks or gaps andshall be sufficiently impervious to used oil to prevent any used oil releasedinto the containment system from migrating out of the system to the soil,groundwater or surface water. The secondary containment system shall bemaintained and operated to efficiently drain and remove liquids resultingfrom leaks, spills and precipitation.


(d) Antifreeze Storage and Processing in Mobile Trailers


1. The operator is authorized to receive, store and process antifreeze authorizedin Condition 1(b) of Section 1 of this approval in the following mobile trailersfor a maximum facility capacity of 20,000 gallons in accordance with N.J.A.C.7:26A-4.1 and as detailed on engineering drawings cited in Condition 3(a) ofSection 1 of this approval, and as follows:

Mobile Design Capacity Material of Allowable AntifreezeTrailer ID (gallons) Construction Process Method

1 10,000 Carbon Steel Blending with virginantifreeze

2 10,000 Carbon Steel Blending with virginantifreeze

2. The mobile trailers used to store and process antifreeze at the center shall be:

(i) In good condition (no severe rusting, apparent structural defects ordeterioration); and




(ii) A floor. The floor shall cover the entire area within the dike, berm orretaining wall area.

4. In accordance with N.J.A.C. 7:26A-6.7(e)5 and 6, the containment system,including walls and floor shall be maintained free of cracks or gaps and shall besufficiently impervious to antifreeze to prevent any antifreeze released into thecontainment system from migrating out of the system to the soil, groundwateror surface water. The secondary containment system shall be maintained andoperated to efficiently drain and remove liquids resulting from leaks, spills andprecipitation.

5. Spilled or leaked antifreeze and accumulated precipitation shall be removedfrom the secondary containment system in as timely a manner as is possible toprevent harm to human health and the environment.

4. Recyclable Material Acceptance and Processing Schedule

The operator shall accept incoming material for processing at the facility in accordance with theoperations plan referenced in Condition 2(b)6 of this section and the following schedule:

Monday through Friday 6:00 a.m. to 10:00 p.m.

5. Analysis Requirements

(a) The operator shall adhere to the provisions of the Analysis Plan cited in Condition


2(b)3 of this section and any subsequent revisions approved by the Department.

(b) The operator shall adhere to the following procedures prior to executing a writtenagreement with the generator:

1. Unless specific generator knowledge or analytical data are available tocharacterize the material being considered for acceptance at the recyclingcenter, the operator shall obtain a representative sample of the material fromthe prospective generator. Where a material is bi- or multi-layered, testing shallbe performed on each layer.

2. The representative sample shall be analyzed for the parameters listed below:Analytical

Material Parameters Test Method

Used Oil Total Metals SW-846 and Other 3050 (digestion) Recyclable Materials PCBs SW-846

8082

Reactivity SW-8469010, 9030

pH SW-8469040

Ignitability SW-8461010, 1020

BTU Content ASTMD-240

Specific Gravity ASTMD-287

Bottom Sludge ASTMand Water D-91, D-808

Total Organic SW-846Halogens 9020, 9077

ASTM D-808

Antifreeze Glycol ASTME-611 for GC Method

pH SW-8469040

Lead SW-846


13113. A technical representative of the operator shall review the results to determine

if the material may be accepted at the center. If the material meets thedescription of those authorized materials listed in Condition 1(a) and (b) of thissection, then the operator may execute an agreement with the generator forshipment of the material. If the operator does not have a written agreementwith a generator, the operator shall conduct the analysis listed in Condition5(b)2 above on every bulk shipment of authorized material listed in Condition1(a) and (b) of this section.

4. The operator shall obtain a representative sample and conduct an analysis ofthe material for the parameters listed in Condition 5(b)2 above, from thegenerator when ever there is a process change in the generator’s operations orwhen ever there is a discrepancy in the incoming bulk shipment sample.

5. If sampling was required to characterize the material prior to acceptance, theoperator shall obtain a representative sample and conduct an analysis of thematerial for the parameters listed in Condition 5(b)2 above, every year from thedate of the executed agreement with the generator.

(c) The operator shall sample each incoming bulk shipment from a generator who hasentered into a written agreement with the operator following the proceduresoutlined in Condition 5(b) above, in accordance with the methods outlined in theAnalysis Plan cited in Condition 2(b)3 of this section and shall employ equipmentas prescribed in the latest edition of USEPA Manual SW-846. Where a material isbi- or multi-layered, testing shall be performed on each layer. The operator shallperform the following characterization tests on each sample:

AcceptanceMaterial Parameters Test Method Criteria

Used Oil Flash Point SW-846 > =100ºFand Other 1010, 1020RecyclableMaterials PCBs SW-846 <50 ppm

8082

Total SW-846 < =1000 ppmHalogens 9020

Antifreeze Glycol ASTM N/AE-611 for GCMethod

pH SW-846 > 2 and < 12.5


9040

Lead SW-846 < 5 ppm1311

(d) If the results of analysis on the representative sample taken from the incoming shipmentare within acceptable limits as specified in (c), above, then the shipment may be acceptedand off-loaded into one of the storage/processing units as described in Condition 3(a),(b), (c), and (d) of this section. If the material does not meet the acceptability criteria,then the material shall be rejected and managed in accordance with (g), below.

(e) The written Analysis Plan shall comply with N.J.A.C. 7:26A-6.7(f).

(f) The operator shall maintain on-site a readily accessible log of sampling and analysis on allincoming loads. The log shall include:

1. The date, exact place, and time of sampling or measurements;2. The individual(s) who performed the sampling or measurements;3. The date(s) analyses were performed;4. The individual(s) who performed the analyses;5. The type of used oil, manifest number, and quantity; and,6. The results from the applicable tests listed above.

(g) The operator shall not accept any material unless the material to be accepted is one ofthe permitted materials for which the center is authorized by Condition 1(a) and (b) ofthis section. The operator, if offered material of a type which the center is notauthorized to accept, shall:

1. Not accept the material from the hauler;

2. Instruct the hauler to contact the generator for further instructions;

3. Telephone the generator, and inform the generator that the operator is notauthorized to accept the material and that the operator has instructed the haulerto contact the generator for further instructions;

4. Follow up the telephone call to the generator with a letter verifying the telephoneconversation;

5. Telephone the Bureau of Hazardous Waste Compliance and Enforcement at(609) 584-4250, and report the unauthorized shipment; and

6. Follow up the telephone call to the Department with a letter verifying thetelephone conversation at the following address:

New Jersey Department of Environmental ProtectionWaste Compliance and Enforcement and Release PreventionChief, Bureau of Hazardous Waste Compliance and Enforcement

P.O. Box 407


Trenton, New Jersey 08625-0407

(h) All shipments received at the center shall be either accepted or rejected by the operatorwithin twenty-four (24) hours of entering the facility. If additional time is needed due toextenuating circumstances, The operator shall contact the Bureau of Hazardous WasteCompliance and Enforcement at (609) 584-4250 during regular business hours to obtainapproval for additional time.

6. End Product Specifications

(a) Analysis of reclaimed product for parameters specified in Condition 12 of Section I ofthis approval or product specification specified by the recycling center's customer, shallbe performed on all material intended to be sold as product, and shall be maintained aspart of the operating record.

(b) Once a unit containing reclaimed product is tested pursuant to the provisions of theAnalysis Plan cited in Condition 2(b)3 of this section, additional material shall not beadded to the unit until it is rendered empty. If any additions are made to the unit prior toit being rendered empty, then additional product specification testing shall be done on thematerial in the unit prior to shipment off-site as reclaimed product.

7. Closure Plan

(a) At the time of final closure, The operator shall close the recycling center in a manner thatis stated in the closure plan cited in Condition 2(b)4 of this section.

1. Storage and process units shall be closed in accordance with N.J.A.C. 7:26A-6.7(e)9i and as follows:

(i) Removal of all used oil residues and antifreeze from the storage andprocess units to an authorized facility and decontamination of storageand process units;

(ii) Decontamination of the units containment system by power washingwith detergent/water. The wash water resulting from thedecontamination process shall be collected and shipped off-site to anauthorized facility;

(iii) Decontamination of the storage and processing units, all piping and allother equipment (hoses, pumps, valves, etc.) by steam cleaning followedby power washing with detergent/water. The steam condensate andwash water resulting from the decontamination process shall be collectedand shipped to an authorized facility;

(iv) Testing of the final wash water resulting from the decontamination of theused oil units and the secondary containment, final steam condensate,wash water resulting from the decontamination of the used oil tanks andall tank equipment and a wash water blank for total petroleumhydrocarbons using test methods listed in the Analysis Plan cited inCondition 2(b)3 of this section. Decontamination methods shall be


repeated until the concentrations of total petroleum hydrocarbons in thesteam condensate and wash water test parameters are equal to theamount of total petroleum hydrocarbons present in a wash water blank;

(v) Testing of the final wash water resulting from the decontamination of themobile trailers and the secondary containment, final steam condensate,wash water resulting from the decontamination of the mobile trailers andall trailer equipment and a wash water blank for parameters listed inCondition 5(c) of this section using test methods listed in the AnalysisPlan cited in Condition 2(b)3 of this section. Decontamination methodsshall be repeated until the concentrations of the listed parameters in thesteam condensate and wash water test parameters are equal to theamount present in a wash water blank;

(vi) Written certification of the final closure report by the owner of the centerand a professional engineer registered in New Jersey shall be inaccordance with N.J.C.A. 7:26A-3.2(b).

2. Closure of the container storage area shall comply with N.J.A.C. 7:26A-6.7(e)9iiand as follows:

(i) Removal and shipment off-site of all containers holding used oils orresidues of used oil for the container storage area to an authorizedfacility;

(ii) Decontamination of the used oil container storage area containmentunit by power washing with detergent/water. The wash water resultingfrom the decontamination process shall be collected and shipped off-site to an authorized facility;

(iii) Testing of the final wash water from the used oil container storage areaand a wash water blank for total petroleum hydrocarbons using testmethods listed in the Analysis Plan cited in Condition 2(b)3 of thissection. Decontamination methods shall be repeated until theconcentrations of total petroleum hydrocarbons in the wash water testparameters are equal to the amount of total petroleum hydrocarbonspresent in a wash water blank; and

(iv) Written certification of the final closure report by the owner of thecenter and a professional engineer registered in New Jersey shall be inaccordance with N.J.C.A. 7:26A-3.2(b).

(b) The operator shall keep a copy of the closure plan and all revisions to the plan at thefacility until closure has been deemed to be complete by the Department.

End of Section II


Document: LORCO–Eliz Class D Approval-Mod 1