Ala. Admin. Code r. 335-14-17-.07 - Standards For Used Oil Burners Who Burn Off-Specification Used Oil For Energy Recovery
(1)
General.
(a) The
requirements of 335-14-17-.07 apply to used oil burners except as specified in
335-14-17-.07(1)(a)1. and (a)2.. A used oil burner is a facility where used oil
not meeting the specification requirements in Rule
335-14-17-.02(2) is burned for energy recovery in devices
identified in Rule 335-14-17-.07(2)(a). Facilities burning used oil for energy
recovery under the following conditions are not subject to 335-14-17-.07:
1. The used oil is burned by the generator in
an on-site space heater under the provisions of Rule
335-14-17-.03(5);
or
2. The used oil is burned by a
processor/re-refiner for purposes of processing used oil, which is considered
burning incidentally to used oil processing.
(b) Other applicable provisions. Used oil
burners who conduct the following activities are also subject to the
requirements of other applicable provisions of 335-14-17-.07 as indicated
below:
1. Burners who generate used oil must
also comply with Rule
335-14-17-.03;
2. Burners who transport used oil must also
comply with Rule
335-14-17-.05;
3. Except as provided in Rule
335-14-17-.07(2)(b), burners who process or re-refine used oil must also comply
with Rule
335-14-17-.06;
4. Burners who direct shipments of
off-specification used oil from their facility to a used oil burner or first
claim that used oil that is to be burned for energy recovery meets the used oil
fuel specifications set forth in Rule
335-14-17-.02(2) must also comply with Rule 335-14-17-.08;
and
5. Burners who dispose of used
oil must comply with Rule
335-14-17-.09.
(c) Specification fuel.
335-14-17-.07 does not apply to persons burning used oil that meets the used
oil fuel specification of Rule
335-14-17-.02(2),
provided that the burner complies with the requirements of Rule
335-14-17-.08.
(2)
Restrictions on
burning.
(a) Off-specification
used oil fuel may be burned for energy recovery in only the following devices:
1. Industrial furnaces identified in Rule
335-14-1-.02.
2. Boilers, as defined in Rule
335-14-1-.02,
that are identified as follows:
(i) Industrial
boilers located on the site of a facility engaged in a manufacturing process
where substances are transformed into new products, including the component
parts of products, by mechanical or chemical processes;
(ii) Utility boilers used to produce electric
power, steam, heated or cooled air, or other gases or fluids for sale;
or
(iii) Used oil-fired space
heaters provided that the burner meets the provisions of Rule
335-14-17-.03(5);
or
(b)
1. With exception of 335-14-17-.07(2)(b)2.,
used oil burners may not process used oil unless they also comply with the
requirements of Rule
335-14-17-.06.
2. Used oil burners may aggregate
off-specification used oil with virgin oil or on-specification used oil for
purposes of burning, but may not aggregate for purposes of producing
on-specification used oil.
(3)
Notification.
(a) Identification numbers. Used oil burners
must obtain an EPA identification number within 30 days of the effective date
of these Rules or prior to the burning of used oil, whichever is
later.
(b) Mechanics of
notification. Used oil burners must submit a correct and complete ADEM Form
8700-12 (including all appropriate attachment pages and fees) reflecting
current used oil activities to the Department annually. The Department must
receive the ADEM Form 8700-12 (including all appropriate attachment pages and
fees) no later than the 15th day of the specified
month in the specified month schedule located at rule
335-14-1-.02(1)(a).
(c) The ADEM Form 8700-12, Notification of
Regulated Waste Activity, is not complete without payment of all the
appropriate fees specified in Chapter 335-1-6 of the ADEM Administrative
Code.
(4)
Rebuttable presumption for used oil.
(a) To ensure that used oil managed at a used
oil burner facility is not hazardous waste under the rebuttable presumption of
Rule
335-14-17-.02(1)(b)1.(ii),
a used oil burner must determine whether the total halogen content of used oil
managed at the facility is above or below 1,000 ppm.
(b) The used oil burner must determine if the
used oil contains above or below 1,000 ppm total halogens by:
1. Testing the used oil;
2. Applying knowledge of the halogen content
of the used oil in light of the materials or processes used; or
3. If the used oil has been received from a
processor/re-refiner subject to regulation under Rule
335-14-17-.06,
using information provided by the processor/re-refiner.
(c) If the used oil contains greater than or
equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste
because it has been mixed with halogenated hazardous waste listed in Rule
335-14-2-.04.
The owner or operator may rebut the presumption by demonstrating that the used
oil does not contain hazardous waste [for example, showing that the used oil
does not contain significant concentrations of halogenated hazardous
constituents listed in 335-14-2 -Appendix VIII].
1. The rebuttable presumption does not apply
to metalworking oils/fluids containing chlorinated paraffins, if they are
processed, through a tolling arrangement as described in Rule
335-14-17-.03(6)(c),
to reclaim metalworking oils/fluids. The presumption does apply to metalworking
oils/fluids if such oils/fluids are recycled in any other manner, or
disposed.
2. The rebuttable
presumption does not apply to used oils contaminated with chlorofluorocarbons
(CFCs) removed from refrigeration units where the CFCs are destined for
reclamation. The rebuttable presumption does apply to used oils contaminated
with CFCs that have been mixed with used oil from sources other than
refrigeration units.
(d)
Record retention. Records of analyses conducted or information used to comply
with 335-14-17-.07(4)(a), (b), and (c) must be maintained by the burner for at
least 3 years.
(5)
Used oil storage. Used oil burners are subject to all
applicable Spill Prevention, Control and Countermeasures ( 40 CFR Part 112) in
addition to the requirements of 335-14-17-.07. Used oil burners are also
subject to the Underground Storage Tank (Division 335-6, Volume 2) standards
for used oil stored in underground tanks whether or not the used oil exhibits
any characteristics of used oil hazardous waste, in addition to the
requirements of 335-14-17-.07.
(a) Storage
units. Used oil burners may not store used oil in units other than used oil
tanks, containers, or units subject to regulation under Chapters 335-14-5 and
335-14-6.
1. A container holding used oil
must always be closed during storage, except when it is necessary to add or
remove used oil.
2. The
owner/operator must use appropriate controls and/or practices to prevent spills
and overflows from used oil tanks. These include, but are not limited to:
(i) Spill prevention controls (e.g., check
valves, dry disconnect couplings);
(ii) Overflow controls for continuously fed
used oil tanks (e.g., level sensing devices, high level alarms, automatic feed
cutoff, or bypass to a standing used oil tank);
(iii) Freeboard controls in open used oil
tanks designed to maintain sufficient freeboard to prevent overfilling or
overtopping by wave action, wind action, or precipitation; and/or
(iv) Standard operating procedures requiring
employees to check the oil level in a used oil tank by direct observation or
remote sensing prior to placing oil in the used oil tank.
(b) Condition of units. Containers
and aboveground used oil tanks used to store oil at burner facilities must be:
1. In good condition (no severe rusting,
apparent structural defects or deterioration); and
2. Not leaking (no visible leaks).
(c) Secondary containment for
containers. Containers used to store used oil at burner facilities must be
equipped with a secondary containment system.
1. The secondary containment system must
consist of, at a minimum:
(i) Dikes, berms or
retaining walls; and
(ii) A floor.
The floor must cover the entire area within the dike, berm, or retaining wall;
or
(iii) An equivalent secondary
containment system.
2.
The entire containment system, including walls and floor, must be sufficiently
impervious to used oil to prevent any used oil released into the containment
system from migrating out of the system to the soil, groundwater, or surface
water.
3. The floor must be sloped
or the containment system must be otherwise designed, constructed and operated
to drain and remove liquids resulting from leaks, spills, or precipitation,
unless the containers are elevated or otherwise protected from contact with
accumulated liquids;
4. The
containment system must have sufficient capacity to contain 10% of the volume
of the containers or the volume of the largest container, whichever is
greater;
5. Run-on, and the
entrance of precipitation, into the containment system must be prevented unless
the collection system has sufficient excess capacity in addition to that
required in 335-14-17-.07(5)(d)4. to contain any run-on and precipitation which
might enter the system; and
6.
Spilled or leaked used oil and accumulated precipitation must be removed from
the sump or collection area in as timely a manner as necessary to prevent
overflow of the collection system.
(d) Secondary containment for existing
aboveground used oil tanks. Existing aboveground used oil tanks used to store
used oil burner facilities must be equipped with a secondary containment
system.
1. The secondary containment system
must consist of, at a minimum:
(i) Dikes,
berms or retaining walls; and
(ii)
A floor. The floor must cover the entire area within the dike, berm, or
retaining wall except areas where existing portions of the used oil tank meet
the ground; or
(iii) An equivalent
secondary containment system.
2. The entire containment system, including
walls and floor, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
3. The containment system must be designed,
constructed and operated to contain 100 percent of the capacity of the largest
used oil tank within its boundary;
4. The containment system must be designed,
constructed and operated to prevent run-on, or entrance of precipitation, into
the secondary containment system unless the collection system has sufficient
excess capacity to contain run-on or precipitation. Such additional capacity
must be sufficient to contain precipitation from a 25-year, 24-hour rainfall
event.
5. The containment system
must be sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills, or precipitation. Spilled or leaked used oil and
accumulated precipitation must be removed from the containment system in as
timely a manner as necessary to prevent overflow of the system.
(e) Secondary containment for new
aboveground used oil tanks. New aboveground used oil tanks used to store used
oil at burner facilities must be equipped with a secondary containment system.
1. The secondary containment system must
consist of, at a minimum:
(i) Dikes, berms or
retaining walls; and
(ii) A floor.
The floor must cover the entire area within the dike, berm, or retaining wall;
or
(iii) An equivalent-secondary
containment system.
2.
The entire containment system, including walls and floor, must be sufficiently
impervious to used oil to prevent any used oil released into the containment
system from migrating out of the system to the soil, groundwater, or surface
water.
3. The containment system
must be designed, constructed and operated to contain 100 percent of the
capacity of the largest used oil tank within its boundary;
4. The containment system must be designed,
constructed and operated to prevent run-on, or entrance of precipitation, into
the secondary containment system unless the collection system has sufficient
excess capacity to contain run-on or precipitation. Such additional capacity
must be sufficient to contain precipitation from a 25-year, 24-hour rainfall
event.
5. The containment system
must be sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills, or precipitation. Spilled or leaked used oil and
accumulated precipitation must be removed from the containment system in as
timely a manner as necessary to prevent overflow of the system.
(f) Labels. Labels must be legible
from a distance of at least 25 feet.
1.
Containers and aboveground used oil tanks used to store used oil at burner
facilities must be labeled or marked clearly with the words "Used
Oil".
2. Fill pipes used to
transfer used oil into underground used oil storage tanks at burner facilities
must be labeled or marked clearly with the words "Used Oil".
(g) Response to releases. Upon
detection of a release of used oil to the environment not subject to the
requirements of Division 335-6, Volume 2 of the ADEM Administrative Code which
has occurred after the effective date of these Rules, a burner must perform the
following cleanup steps:
1. Stop the
release;
2. Contain the released
used oil;
3. Clean up and manage
properly both the released used oil and other materials in accordance with all
applicable Division 335-13 and 335-14 requirements; and
4. If necessary, repair or replace any
leaking used oil storage containers or used oil tanks prior to returning them
to service.
(6)
Tracking.
(a) Acceptance. Used oil burners must keep a
record of each used oil shipment accepted for burning. These records may take
the form of a log, invoice, manifest bill of lading, or other shipping
documents. Records for each shipment must include the following information:
1. The name and address of the transporter
who delivered the used oil to the burner;
2. The name and address of the generator or
processor/re-refiner from whom the used oil was sent to the burner;
3. The EPA identification number of the
transporter who delivered the used oil to the burner;
4. The EPA identification number (if
applicable) of the generator or processor/re-refiner from whom the used oil was
sent to the burner;
5. The quantity
of used oil accepted; and
6. The
date of acceptance.
(b)
Record retention. The records described in 335-14-17-.07(6)(a) must be
maintained for at least three (3) years.
(7)
Notices.
(a) Certification. Before a burner accepts
the first shipment of off-specification used oil fuel from a generator,
transporter, or processor/re-refiner, the burner must provide to the generator,
transporter, or processor/re-refiner a one time written and signed notice
certifying that:
1. The burner has notified
the Department stating the location and general description of his oil used
management activities; and
2. The
burner will burn the used oil only in an industrial furnace or boiler
identified in Rule 335-14-17-.07(2)(a).
(b) Certification retention. The
certification described in 335-14-17-.07(7)(a) must be maintained for three (3)
years from the date the burner last receives shipment of off-specification used
oil from that generator, transporter, or processor/re-refiner.
(8)
Management of
residues. Burners who generate residues from the storage or
burning of used oil must manage the residues as specified in Rule
335-14-17-.02(1)(e).
Notes
Authors: James T. Shipman, C. Edwin Johnston, Bradley N. Curvin, James K. Burgess
Statutory Authority: Code of Ala. 1975, ยงยง 22-22A-4(n), 22-22A-5(3), 22-22A-5(4), 22-22A-5(20), 22-30-9(5).
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