Section 128-7-009 - Used Oil Management Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.
009.01 Applicability Materials containing or otherwise contaminated with used oil. Except as provided in Section 009.02 of this chapter, materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs of free-flowing oil remain in or on the material:
009.01A Are not used oil and are not subject to this chapter, and009.01B If applicable, are subject to the hazardous waste regulations of this Title.009.02 Prohibitions Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under this chapter.
009.03 Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under this chapter.009.04 Used oil storage requirements for used oil generators009.04A Containers and aboveground tanks used to store used oil at generator facilities must be: 009.04A1 In good condition (no severe rusting, apparent structural defects or deterioration); and009.04A2 Not leaking (no visible leaks).009.04A3 For containers and aboveground tanks with a volume of 25 gallons or greater, they must be labeled or marked clearly with the words "Used Oil."009.05 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: 009.05A Prohibition. The prohibition under Section 009.02B of this Chapter.009.05B 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 009.01E 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 009.02B2 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.009.05C 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: 009.05C1 The burner has notified DEQ stating the location and general description of used oil management activities; and009.05C2 The burner will burn the used oil only in an industrial furnace or boiler identified in Section 009.02B of this Chapter.009.05D Used oil fuel analysis. 009.05D1 Used oil fuel burned by the generator is subject to regulation under Section 009 of this Chapter, unless the burner obtains analysis (or other information) documenting that the used oil meets the specification provided under Section 009.01E of this Chapter.009.05D2 Burners who treat off-specification used oil fuel by processing, blending, or other treatment to meet the specification provided under Section 009.01E of this Chapter must obtain analyses (or other information) documenting that the used oil meets the specification.009.05E Recordkeeping. A burner who receives an invoice under the requirements of Section 009.05 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 009.05D 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.128 Neb. Admin. Code, ch. 7, § 009
Amended effective 12/14/2014.