N.J. Admin. Code § 7:26A-6.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26A-6.8 - Standards for used oil burners who burn off-specification used oil for energy recovery

(a) The following are the applicability standards for used oil burners:

1. The requirements of this section apply to used oil burners except as specified in (a)1i and ii below. A used oil burner is a facility where used oil not meeting the specification requirements in 7:26A-6.2 is burned for energy recovery in devices identified in (b)1 below. Facilities burning used oil for energy recovery under the following conditions are not subject to this section:

i. The used oil is burned by the generator in an on-site space heater under the provisions of 7:26A-6.4(e); or

ii. 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.

2. Used oil burners who conduct the following activities are also subject to the requirements of other applicable provisions of this subchapter as follows:

i. Burners who generate used oil shall also comply with 7:26A-6.4;

ii. Burners who transport used oil shall also comply with 7:26A-6.6;

iii. Except as provided in 7:26A-6.8(b)2, burners who process or re-refine used oil shall also comply with 7:26A-6.7;

iv. 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 7:26A-6.2 shall also comply with 7:26A-6.9; and

v. Burners who dispose of used oil shall comply with 7:26A-6.10; and

3. This section does not apply to persons burning used oil that meets the used oil fuel specification of 7:26A-6.2, provided that the burner complies with the requirements of 7:26A-6.9.

(b) Restrictions on burning used oil are as follows:

1. Off-specification used oil fuel shall not be burned for energy recovery except in the devices specified below and provided a "Permit to Construct, Install or Alter Control Apparatus or Equipment and Certificate to Operate Control Apparatus or Equipment" has been issued for the device in accordance with the provisions of N.J.A.C. 7:27-8 only in the following devices:

i. Industrial furnaces as defined in 7:26-1.4;

ii. Boilers, as defined in 7:26-1.4, that are identified as follows:

(1) 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; or

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

iii. Hazardous waste incinerators subject to regulation under 40 C.F.R. Parts 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9;

2. With the following exception, used oil burners shall not process used oil unless they also comply with the requirements of 7:26A-6.7:

i. Used oil burners may aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, but shall not aggregate for purposes of producing on-specification used oil.

(c) Notification standards for used burners are as follows:

1. Used oil burners which have not previously complied with the notification requirements of RCRA section 3010 shall comply with these requirements and obtain an EPA identification number;

2. A used oil burner who has not received an EPA identification number may obtain one by notifying the Regional Administrator of EPA Region II of their used oil activity by submitting either:

i. A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

ii. A letter requesting an EPA identification number. Call the RCRA/Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter should include the following information:

(1) The burner company name;

(2) The owner of the burner company;

(3) The mailing address for the burner;

(4) The name and telephone number for the burner point of contact;

(5) The type of used oil activity; and

(6) The location of the burner facility.

(d) The rebuttable presumption standards for used oil burners are as follows:

1. To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of 7:26A-6.1(a) 2i(2), a used oil burner shall determine whether the total halogen content of used oil managed at the facility is equal to and less than or more than 1,000 ppm;

2. The used oil burner shall determine if the used oil contains equal to and less than or more than 1,000 ppm total halogens by:

i. Testing the used oil;

ii. Applying knowledge of the halogen content of the used oil in light of the materials or processes used; or

iii. If the used oil has been received from a processor/refiner subject to regulation under 7:26A-6.7, using information provided by the processor/re-refiner;

3. If the used oil contains more 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 40 C.F.R. Part 261, subpart D, as incorporated by reference at N.J.A.C. 7:26G-5. The used oil owner or operator may rebut the presumption, except as set forth below by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, or later) to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 C.F.R. Part 261, as incorporated by reference at N.J.A.C. 7:26G-5).

i. The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in 7:26A-6.4(e)3 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.

ii. 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.

4. Records of analyses conducted or information used to comply with (d)1 through 3 above shall be maintained by the burner for at least three years.

(e) The used oil storage standards for used oil burners are as follows:

1. Used oil burners are subject to all applicable Spill Prevention, Control and Countermeasures ( 40 C.F.R. Part 112) and N.J.A.C. 7:1E in addition to the requirements of this section. Used oil burners are also subject to the Underground Storage Tank ( 40 C.F.R. Part 280 and N.J.A.C. 7:14B) standards 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 this subchapter.

2. Used oil burners shall not store used oil in units other than tanks, containers, or units subject to regulation under 40 C.F.R. Parts 264 or 265, as incorporated by reference at N.J.A.C. 7:26G-8 or 9;

3. Containers and aboveground tanks used to store oil at burner facilities shall be:

i. In good condition (no severe rusting, apparent structural defects or deterioration); and

ii. Not leaking (no visible leaks);

4. Containers used to store used oil at burner facilities shall be equipped with a secondary containment system meeting the following:

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

(1) Dikes, berms or retaining walls; and

(2) The floor shall cover the entire area within the dike, berm, or retaining wall; and

ii. The entire containment system, including walls and floor, shall 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.

5. Existing aboveground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system meeting the following.

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

(1) Dikes, berms or retaining walls; and

(2) The floor shall cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or

(3) An equivalent secondary containment system; and

ii. The entire containment system, including walls and floor, shall 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.

6. New aboveground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system meeting the following:

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

(1) Dikes, berms or retaining walls; and

(2) The floor shall cover the entire area within the dike, berm, or retaining wall; or

(3) An equivalent secondary containment system; and

ii. The entire containment system, including walls and floor, shall 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.

7. The labeling standards for used oil burners are as follows:

i. Containers and aboveground tanks used to store used oil at burner facilities shall be labeled or marked clearly with the words "Used Oil"; and

ii. Fill pipes used to transfer used oil into underground storage tanks at burner facilities shall be labeled or marked clearly with the words "Used Oil".

8. Upon detection of a release of used oil to the environment not subject to the requirements of 40 C.F.R. Part 280 subpart F or N.J.A.C. 7:14B, a burner shall perform the following cleanup steps:

i. Stop the release;

ii. Contain the released used oil;

iii. Clean up and manage properly the released used oil and other materials; and

iv. If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

(f) The following are the tracking standards for used oil burners:

1. Used oil burners shall 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 shall include the following information:

i. The name and address of the transporter who delivered the used oil to the burner;

ii. The name and address of the generator or processor/re-refiner from whom the used oil was sent to the burner;

iii. The EPA identification number of the transporter who delivered the used oil to the burner;

iv. The EPA identification number (if applicable) of the generator or processor/re-refiner from whom the used oil was sent to the burner;

v. The quantity of used oil accepted; and

vi. The date of acceptance.

2. The records described in (f)1 above shall be maintained on-site for at least three years.

(g) The notice standards for used oil burners are as follows:

1. 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:

i. The burner has notified EPA stating the location and general description of his used oil management activities; and

ii. The burner will burn the used oil only in an industrial furnace or boiler identified in (b) above;

2. The certification described in (g)1 above shall be maintained for three years from the date the burner last receives shipment of off-specification used oil from that generator, transporter, or processor/re-refiner.

(h) Burners who generate residues from the storage or burning of used oil shall manage the residues as specified in 7:26A-6.1(a)5.

N.J. Admin. Code § 7:26A-6.8