N.J. Admin. Code § 7:26A-6.9

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

Section 7:26A-6.9 - Standards for used oil fuel marketers

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

1. Any person who conducts either of the following activities is subject to the requirements of this section:

i. Directs a shipment of off-specification used oil from their facility to a used oil burner; or

ii. First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 7:26A-6.2;

2. The following persons are not used oil fuel marketers subject to this section:

i. Used oil generators, and transporters who transport used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. However, processors/re-refiners who burn some used oil fuel for purposes of processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processor/re-refiners who incidentally burn used oil are not marketers subject to this section;

ii. Persons who direct shipments of on-specification used oil and who are not the first person to claim the oil meets the used oil fuel specifications of 7:26A-6.2; and

3. Any person subject to the requirements of this section shall also comply with one of the following:

i. The standards for used oil generators at 7:26A-6.4;

ii. The standards for used oil transporters and transfer facilities at 7:26A-6.6;

iii. The standards for used oil processors and re-refiners at 7:26A-6.7; or

iv. The standards for used oil burners who burn off-specification used oil for energy recovery at 7:26A-6.8.

(b) A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who:

1. Has an EPA identification number; and

2. Burns the used oil in an industrial furnace or boiler identified in 7:26A-6.8(b)1.

(c) The standards for on-specification used oil fuel are as follows:

1. A used oil generator, transporter, processor/re-refiner, or burner shall determine that used oil that is to be burned for energy recovery meets the fuel specifications of 7:26A-6.2 by performing analyses or obtaining copies of analyses or other information documenting that each shipment of used oil fuel meets the specifications. Such used oil that is to be burned for energy recovery is not subject to further regulation under this subchapter. A copy of this analysis or other information shall be provided to the facility receiving the shipment of used oil fuel upon request by the facility; and

2. A used oil generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under 7:26A-6.2, shall keep copies of analyses of the used oil (or other information used to make the determination) for three years.

(d) The notification standards for used oil fuel marketers are as follows:

1. A used oil fuel marketer subject to the requirements of this section shall comply with these requirements and obtain an EPA identification number unless they have already notified the USEPA of its hazardous waste activities in accordance with the requirements of RCRA section 3010;

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

i. A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call the 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 marketer company name;

(2) The owner of the marketer;

(3) The mailing address for the marketer;

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

(5) The type of used oil activity (that is, generator directing shipments of off-specification used oil to a burner).

(e) The tracking standards for used oil fuel marketers are as follows:

1. Any used oil fuel marketer who directs a shipment of off-specification used oil, shall prepare and send the receiving facility an invoice containing the following information:

i. An invoice number;

ii. The used oil fuel marketer's own EPA identification number and the EPA identification number of the receiving facility;

iii. The names and addresses of the shipping and receiving facilities;

iv. The quantity of off-specification used oil to be delivered;

v. The date(s) of shipment or delivery; and

vi. The following statement: "This used oil is subject to NJDEP regulation under N.J.A.C. 7:26A-6 ";

2. Any used oil fuel marketer who directs a shipment of off-specification used oil to a burner shall keep a record of each shipment of used oil to the used oil burner. 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 delivers the used oil to the burner;

ii. The name and address of the burner who will receive the used oil;

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

iv. The EPA identification number of the burner;

v. The quantity of used oil shipped; and

vi. The date of shipment;

3. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under 7:26A-6.2 shall keep a record of each shipment of used oil to an on-specification used oil burner. Records for each shipment shall include the following information:

i. The name and address of the facility receiving the shipment;

ii. The quantity of used oil fuel delivered;

iii. The date of shipment or delivery; and

iv. A cross-reference to the record of used oil analysis used to make the determination that the oil meets the specification as required under 7:26A-6.9(c)1.

4. The records described in (e)2 and 3 above shall be maintained on site for at least three years.

(f) The following are the notice standards for used oil marketers:

1. Before a used oil generator, transporter, or processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, her or she shall obtain a one-time written and signed notice from the used oil burner certifying that:

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

ii. The burner will burn the off-specification used oil only in an industrial furnace or boiler identified in 7:26A-6.8(b)1; and

2. The certification described (f)1 above shall be maintained for three years from the date the last shipment of off-specification used oil is shipped to the burner.

N.J. Admin. Code § 7:26A-6.9