Utah Admin. Code R315-15-6 - Standards for Used Oil Burners Who Burn Used Oil for Energy Recovery
6.1 APPLICABILITY
(a) General. A used oil burner is a person
who burns used oil for energy recovery. An on-specification used oil burner is
a person who only burns used oil that meets the specifications of R315-15-1.2.
U sed oil that has not been determined to be on-specification used oil by a
Utah-registered marketer shall be managed as off-specification used oil except
as described R315-15-2.4. An off-specification used oil burner is a person who
burns used oil not meeting the specifications found in R315-15-1.2 for energy
recovery. Facilities burning used oil for energy recovery under the following
conditions are subject to R 315-15-6.1(a) and (b) and R315-15-6.2(b) and (c),
but not other portions of R315-15-6:
(1) The
used oil is burned by the generator in an on-site space heater under the
provisions of R315-15-2.4;
(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;
or
(3) The used oil burned by the
facility is obtained from a Utah-registered marketer who claims and has
demonstrated that the used oil meets the used oil fuel specifications set forth
in R315-15-1.2 and who delivers the used oil in the manner set forth in
R315-15-7.5(b).
(b) Other
applicable provisions. In addition to the requirements of R315-15-6.1(a), used
oil burners who conduct the following activities are subject to the
requirements of R315-15 as indicated below.
(1) Burners who generate used oil shall
comply with
R315-15-2;
(2) Burners who transport used oil shall
comply with
R315-15-4;
(3) Except as provided in R315-15-6.2(b)(2),
burners who process or re-refine used oil shall comply with Section
R315-15-5;
(4) Burners who direct shipments of
off-specification used oil from their facility to an off-specification 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 R315-15-1.2 shall comply
with
R315-15-7
and R315-15-13.7;
(5) Burners who
dispose of used oil shall comply with
R315-15-8;
and
(6) Burners who collect used
oil shall also comply with the collection center requirements in
R315-15-3.
Burners may only burn used oil collected from other generators if that used oil
has been certified to be on-specification used oil by a Utah-registered used
oil marketer in compliance with
R315-15-7.
Burners who collect and burn used oil that is not "do-it-yourselfer" or
farmer-generated as described in R315-15-2.1(a)(1) and (4), shall obtain a used
oil marketer registration before burning such oil and shall comply with the
provisions of
R315-15-7.
(7) Tanks, containers, and piping that
previously contained listed hazardous waste. Unless tanks, containers, and
piping that previously contained listed hazardous waste are decontaminated as
described in
R315-2-7
prior to storing used oil, the used oil is considered to have been mixed with
the hazardous waste and shall be managed as hazardous waste unless, under the
provisions of R315-15-1.1(b), the hazardous waste and used oil mixture is
determined not to be hazardous waste.
(8) Tanks, containers, and piping that
previously contained PCB-contaminated material. Unless tanks, containers, and
piping that previously contained PCB-contaminated material are decontaminated
as described in 40 CFR 761 Subpart S prior to transfer of used oil, the used
oil is considered to have been mixed with the PCB-contaminated material and
shall be managed as PCB-contaminated material in accordance with
R315-15-18.
(c) Off-specification used oil burner permit.
Off-specification used oil burners shall obtain a permit from the Director
prior to burning off-specification used oil unless exempted by
R315-15-13.6(b)(5). An application for a permit shall contain the information
required by R315-15-13.6(b). Off-specification used oil burners shall also
obtain a used oil handler certificate in accordance with
R315-15-13.8.
(d) Testing of used
oil fuel for PCBs. Used oil to be burned for energy recovery is presumed to
contain quantifiable levels, 2 ppm or greater, of PCBs unless a used oil
marketer obtains laboratory analyses that the used oil fuel does not contain
quantifiable levels of PCBs. The person who first claims that the used oil fuel
does not contain a quantifiable level of PCBs shall obtain analyses or other
information to support the claim, as described in
R315-15-18.
6.2 RESTRICTIONS ON
BURNING
(a) Off-specification used oil fuel
may be burned for energy recovery in only the following devices:
(2) Boilers, as defined in
R315-1-1(b),
which incorporates by reference
40 CFR
260.10, 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;
(iii)
Used oil-fired space heaters provided that the burner meets the provisions of
R315-15-2.4; or
(b)
(1)
With the exception of the aggregation activity described in R315-15-6.2(b)(2),
used oil burners may not process used oil unless they also comply with
R315-15-5.
(2) Off-specification 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 marketing
on-specification used oil without also complying with the processor/re-refiner
requirements in
R315-15-5.
(c) Burning of hazardous waste. Used oil
burners may only burn hazardous waste if they are permitted to do so by the
Director.
6.3
NOTIFICATION FOR OFF-SPECIFICATION USED OIL BURNERS
(a) Identification numbers. Off-specification
used oil burners who have not previously complied with the notification
requirements of RCRA section 3010 shall comply with these requirements and
obtain an EPA identification number.
(b) Mechanics of notification. An
off-specification used oil burner who has not received an EPA identification
number may obtain one by notifying the Director of their used oil activity by
submitting either:
(1) A completed EPA Form
8700-12.; or
(2) A letter to the
Director requesting an EPA identification number. The letter shall include the
following information:
(i) Burner company
name;
(ii) Owner of the burner
company;
(iii) Mailing address for
the burner;
(iv) Name and
telephone number for the burner point of contact;
(v) Type of used oil activity; and
(vi) Location of the burner
facility.
6.4 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
Subsection R315-15-1.1(b)(1)(ii), a used oil burner shall 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
shall determine if the used oil contains above or below 1,000 ppm total
halogens by
(1) Testing the used
oil;
(2) Applying documented
generator knowledge of the halogen content of the used oil in light of the
materials or processes used; or
(3)
Using information provided by the processor/re-refiner, if the used oil has
been received from a processor/re-refiner subject to regulation under
R315-15-5.
(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
R315-2-10.
The owner or operator may rebut the presumption by demonstrating that the used
oil does not contain hazardous waste, for example, by using an analytical
method from SW-846, Edition III update IV, to show that the used oil does not
contain significant concentrations of halogenated hazardous constituents listed
in
R315-50-10,
which incorporates by reference 40 CFR 261 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 R315-15-2.5(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 R315-15-6.4(a), (b), and (c) shall be maintained at the burner facility or
another facility approved by the Director for at least 3
years.
6.5 USED OIL
STORAGE AT OFF-SPECIFICATION USED OIL BURNER FACILITIES
Off-specification used oil burners are subject to all applicable Spill Prevention, Control and Countermeasures, 40 CFR part 112, in addition to the requirements of R315-15-6. Used oil burners are also subject to the standards and requirements of R311-200 through R311-209, Underground Storage Tanks, for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of R315-15-6.
(a) Storage
units. Off-specification used oil burners may not store used oil in units other
than tanks, containers or units subject to regulation under R315-7 and
R315-8.
(b) Condition of units.
Containers and aboveground tanks used to store oil at off-specification used
oil burner facilities shall be:
(1) In good
condition, with no severe rusting, apparent structural defects, or
deterioration; and
(2) Not
leaking.
(c) Secondary
containment. Containers and aboveground tanks used to store off-specification
used oil at burner facilities, including their pipe connections and valves,
shall be equipped with a secondary containment system.
(1) The secondary containment system shall
consist of:
(i) Dikes, berms, or retaining
walls; and
(ii) A floor. The floor
shall cover the entire area within the dike, berm, or retaining wall, except
areas where existing portions of aboveground tanks meet the ground.
(iii) Other equivalent secondary containment
approved by the Director.
(2) The entire containment system, including
walls and floor, shall be of sufficient extent and 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) Any accumulation of
water, used oil, or other liquid shall be removed from secondary containment
within 24 hours of discovery.
(4)
Used oil shall not be stored or allowed to accumulate in sumps and similar
water-containment structures at the facility. Any used oil in sumps and similar
water-containment structures shall be removed within 24 hours of its
discovery.
(d) Labels.
(1) Containers and aboveground tanks used to
store off-specification used oil at burner facilities shall be labeled or
marked clearly with the words "Used Oil."
(2) Fill pipes used to transfer
off-specification used oil into underground storage tanks at burner facilities
shall be labeled or marked clearly with the words "Used
Oil."
(e) Response to
releases. Upon detection of a release of used oil to the environment not
subject to the requirements of
R311-202-1,
a burner shall comply with
R315-15-9.
6.6 TRACKING FOR OFF-SPECIFICATION USED OIL
FACILITIES
(a) Acceptance. Off-specification
used oil burners shall keep a record of each off-specification 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 shall 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;
(6)
The date of acceptance; and
(7)
Documentation demonstrating that the transporter has met the rebuttable
presumption requirements of R315-15-6.4 and, where applicable, the PCB testing
requirements of
R315-15-18;
(b) Record retention. The records described
in paragraph (a) of this section shall be maintained for at least three
years.
6.7 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 shall provide to the
generator, transporter, or processor/re-refiner a one-time written and signed
notice certifying that:
(1) The burner has
notified the Director of the location and general description of the burner's
used oil management activities; and
(2) The burner will burn the
off-specification used oil only in an industrial furnace or boiler identified
in R315-15-6.2(a).
(b)
Certification retention. The certification described in R315-15-6.7(a) shall be
maintained, at the permitted facility or other location approved by the
Director, for three years from the date the burner last receives shipment of
off-specification used oil from that generator, transporter, or
processor/re-refiner.
6.8
MANAGEMENT OF RESIDUES AT OFF-SPECIFICATION USED OIL BURNER FACILITIES
Off-specification used oil burners who generate residues from the storage or burning of used oil shall manage the residues as specified in R315-15-1.1(e).
6.9
ACCEPTANCE OF OFF-SITE USED OIL O ff-specification used oil burners accepting
used oil from off-site shall ensure that transporters delivering used oil to
their facility have obtained a current used oil transporter permit and an EPA
identification number.
Notes
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