128 Neb. Admin. Code, ch. 7, § 010 - Used oil burned for energy recovery

010.01 Applicability

010.01A The regulations of Section 010 of this Chapter apply to used oil that is burned for energy recovery in any boiler or industrial furnace that is not regulated under Chapters 21 or 22 except as provided by Sections 010.01C and 010.01E of this Chapter. Such used oil is termed "used oil fuel." Used oil fuel includes any fuel produced from used oil by processing, blending, or other treatment.

010.01B "Used oil" is defined in Chapter 1.

010.01C Except as provided by Section 010.01D of this Chapter, used oil that is mixed with hazardous waste and burned for energy recovery is subject to regulation as hazardous waste fuel under Section 008 of this Chapter. Used oil containing more than 1000 ppm of total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Chapter 3, 013 through 016. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix I).

010.01D Used oil burned for energy recovery is subject to regulation under Section 010 of this Chapter herein rather than as hazardous waste fuel under Section 008 of this Chapter if it is a hazardous waste solely because it:

010.01D1 Exhibits a characteristic of hazardous waste identified in Chapter 3, 005 through 010, provided that it is not mixed with a hazardous waste; or

010.01D2 Contains hazardous waste generated only by a person subject to the special requirements for conditionally exempt small quantity generators under Chapter 8.

010.01E Except as provided by Section 010.01C of this Chapter, used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under Section 010 of this Chapter, unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in the following table. Used oil fuel that meets the specification is subject only to the analysis and recordkeeping requirements under Sections 010.04B1 and 010.04B6. Used oil fuel that exceeds any specification level is termed "off-specification used oil fuel."

USED OIL EXCEEDING ANY SPECIFICATION LEVEL IS SUBJECT TO SECTION 010 OF THIS CHAPTER WHEN BURNED FOR ENERGY RECOVERY^a

Constituent/Property	Allowable Level
Arsenic .................	5 ppm maximum
Cadmium .................	2 ppm maximum
Chromium ................	10 ppm maximum
Lead ....................	100 ppm maximum
Flash Point .............	100° F minimum
Total Halogens .........	4,000 ppm maximumb

^aThe specification does not apply to used oil fuel mixed with a hazardous waste other than conditionally exempt small quantity generator hazardous waste.

^bUsed oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under Section 010.01C of this Chapter. Such used oil is subject to Section 008 of this Chapter rather than Section 010 of this Chapter, when burned for energy recovery unless the presumption of mixing can be successfully rebutted.

010.02 Prohibitions

010.02A A person may market off-specification used oil for energy recovery only:

010.02A1 To burners or other marketers who have notified DEQ, EPA or an authorized state for the same purpose, of their used oil management activities stating the location and general description of such activities, and who have a DEQ/EPA identification number or identification number issued by EPA or an authorized state for the same purpose; and

010.02A2 To burners who burn the used oil in an industrial furnace or boiler identified in Section 010.02B of this Chapter.

010.02B Off-specification used oil may be burned for energy recovery in only the following devices:

010.02B1 Industrial furnaces identified in Chapter 1, and

010.02B2 Boilers as defined in Chapter 1, that are identified as follows:

010.02B2(a) 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;

010.02B2(b) Utility boilers used to produce electric power, steam, or heated or cooled air or other gases or fluids for sale; or

010.02B2(c) Used oil-fired space heaters provided that the heater burns only used oil that the owner or operator generates or used oil received from do-it-yourself oil changers who generate used oil as household waste; the heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour; and the combustion gases from the heater are vented to the ambient air in compliance with Title 129.

010.03 Standards applicable to generators of used oil burned for energy recovery.

010.03A Except as provided in Sections 010.03B and 010.03C of this Chapter, generators of used oil are not subject to Section 010 of this Chapter.

010.03B Generators who market used oil directly to a burner are subject to Section 010.04 of this Chapter.

010.03C Generators who burn used oil are subject to Section 010.05 of this Chapter.

010.04 Standards applicable to marketers of used oil burned for energy recovery.

010.04A Persons who market used oil fuel are termed "marketers." Except as provided below, marketers include generators who market used oil fuel directly to a burner, persons who receive used oil from generators and produce, process, or blend used oil fuel from these used oils (including persons sending blended or processed used oil to brokers or other intermediaries), and persons who distribute but do not process or blend used oil fuel. The following persons are not marketers subject to Section 010 of this Chapter.

010.04A1 Used oil generators, and collectors who transport used oil received only from generators, unless the generator or collector markets the used oil directly to a person who burns it for energy recovery. However, persons who burn some used oil fuel for purposes of processing or other treatment to produce used oil fuel for marketing are considered to be burning incidentally to processing. Thus, generators and collectors who market to such incidental burners are not marketers subject to Section 010 of this Chapter; and

010.04A2 Persons who market only used oil fuel that meets the specification under Section 010.01E of this Chapter and who are not the first person to claim the oil meets the specification (i.e., marketers who do not receive used oil from generators or initial transporters and marketers who neither receive nor market off-specification used oil fuel).

010.04B Marketers are subject to the following requirements:

010.04B1 Analysis of used oil fuel. Used oil fuel is subject to regulation under Section 010 of this Chapter, unless the marketer obtains analyses or other information documenting that the used oil fuel meets the specification provided under Section 010.01E of this Chapter.

010.04B2 Prohibitions. The prohibitions under Section 010.02A of this Chapter;

010.04B3 Notification. Notification to DEQ stating the location and general description of used oil management activities. Even if a marketer has previously notified of hazardous waste management activities and obtained a DEQ/EPA Identification Number, the marketer must renotify to identify used oil management activities;

010.04B4 Invoice system. When a marketer initiates a shipment of off- specification used oil, the marketer must prepare and send the receiving facility an invoice containing the following information:

010.04B4(a) An invoice number;

010.04B4(b) The marketer's DEQ/EPA identification number and the DEQ/EPA identification number, or identification number issued by EPA or an authorized state for the same purpose, of the receiving facility;

010.04B4(c) The names and addresses of the shipping and receiving facilities;

010.04B4(d) The quantity of off-specification used oil to be delivered;

010.04B4(e) The date(s) of shipment or delivery; and

010.04B4(f) The following statement: "This used oil is subject to DEQ regulation under Title 128, Chapter 7."

010.04B5 Required notices.

010.04B5(a) Before a marketer initiates the first shipment of off- specification used oil to a burner or other marketer, the marketer must obtain a one-time written and signed notice from the burner or other marketer certifying that the burner or other marketer has notified DEQ, another authorized state or EPA stating the location and general description of used oil management activities, and if the recipient is a burner, the burner will burn the off-specification used oil only in an industrial furnace or boiler identified in Section 010.02B of this Chapter, or as identified in an equivalent regulation of EPA or an authorized state.

010.04B5(b) Before a marketer accepts the first shipment of off- specification used oil from another marketer subject to the requirements of Section 010.04 of this Chapter, the marketer must provide the other marketer with a one-time written and signed notice certifying that the marketer has notified DEQ of his used oil management activities; and

010.04B6 Recordkeeping. Used oil fuel that meets the specification.

010.04B6(a) A marketer who first claims under Section 010.04B1 specification must keep copies of analysis (or other information used to make the determination) of used oil for three years. Such marketers must also record in an operating log and keep for three years information on each shipment of used oil fuel that meets the specification. Such information shall include the name and address of the facility receiving the shipment, the quantity of used oil fuel delivered, the date of shipment or delivery, and a cross-reference to the record of used oil analysis required herein. Such used oil fuel is not subject to further regulation, unless it is subsequently mixed with hazardous waste or unless it is mixed with used oil so that it no longer meets the specification.

010.04B6(b) Off-specification used oil fuel. A marketer who receives or initiates an invoice under the requirements of Section 010.04 of this Chapter, must keep a copy of each invoice for three years from the date the invoice is received or prepared. In addition, a marketer must keep a copy of each certification notice received or sent for three years from the date of last engaging in an off-specification used oil fuel marketing transaction with the person who sends or receives the certification notice.

010.05 Standards applicable to burners of used oil burned for energy recovery. Owners and operators of facilities that burn used oil fuel are "burners" and are subject to the following requirements:

010.05A Prohibition. The prohibition under Section 010.02B of this Chapter.

010.05B Notification. Burners of off-specification used oil fuel, and burners of used oil fuel who are the first to claim that the oil meets the specification provided under Section 010.01E of this Chapter, except burners who burn specification oil that they generate, must notify DEQ stating the location and general description of used oil management activities. Burners of used oil fuel that meets the specification who receive such oil from a marketer that previously notified DEQ, EPA or an authorized state are not required to notify. Owners and operators of used oil-fired space heaters that burn used oil fuel under the provisions of Section 010.02B2 are exempt from this notification requirement. Even if a burner has previously notified DEQ or EPA of hazardous waste management activities and obtained an identification number, the burner must renotify to identify used oil management activities.

010.05C Required Notices. Before a burner accepts the first shipment of off- specification used oil fuel from a marketer, the burner must provide the marketer a one-time written and signed notice certifying that:

010.05C1 The burner has notified DEQ stating the location and general description of used oil management activities; and

010.05C2 The burner will burn the used oil only in an industrial furnace or boiler identified in Section 010.02B of this Chapter.

010.05D Used oil fuel analysis.

010.05D1 Used oil fuel burned by the generator is subject to regulation under Section 010 of this Chapter, unless the burner obtains analysis (or other information) documenting that the used oil meets the specification provided under Section 010.01E of this Chapter.

010.05D2 Burners who treat off-specification used oil fuel by processing, blending, or other treatment to meet the specification provided under Section 010.01E of this Chapter must obtain analyses (or other information) documenting that the used oil meets the specification.

010.05E Recordkeeping. A burner who receives an invoice under the requirements of Section 010.05 of this Chapter, must keep a copy of each invoice for three years from the date the invoice is received. Burners must also keep for three years copies of analyses of used oil fuel as may be required by Section 010.05D of this Chapter. In addition, the burner must keep a copy of each certification notice sent to a marketer for three years from the date of last receiving off-specification used oil from that marketer.

Notes

128 Neb. Admin. Code, ch. 7, § 010