N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 374-2.7 - Standards for used oil burners who burn off-specification used oil for energy recovery

(a)Applicability.

(1) General. The requirements of this section apply to used oil burners except as specified in subparagraphs (i) and (ii) of this paragraph. A used oil burner is a facility where used oil not meeting the specification requirements in section 374-2.2(b)(1) of this Subpart is burned for energy recovery in devices identified in paragraph (b)(1) of this section. 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 section 374-2.3(d) of this Subpart; 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) Other applicable provisions. Used oil burners must comply with the applicable requirements of Parts 201 and 225 of this Title. In addition, used oil burners who conduct the following activities are also subject to the requirements of other applicable provisions of this Subpart as indicated below:

(i) burners who generate used oil must also comply with section 374-2.3 of this Subpart;

(ii) burners who transport used oil must also comply with section 374-2.5 of this Subpart and Part 364 of this Title, if applicable;

(iii) except as provided in paragraph (b)(2) of this section, burners who process or re-refine used oil must also comply with section 374-2.6 of this Subpart;

(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 section 374-2.2(b)(1) of this Subpart, must also comply with section 374-2.8 of this Subpart; and

(v) burners who dispose of used oil must comply with section 374-2.9 of this Subpart.

(3) Specification fuel. This section does not apply to persons burning used oil that meets the used oil fuel specification of section 374-2.2(b)(1) of this Subpart, provided that the burner complies with the requirements of section 374-2.8 of this Subpart.

(b)Restrictions on burning.

(1) Off-specification used oil fuel may be burned for energy recovery in only the following devices:

(i) industrial furnaces identified in section 370.2(b) of this Title;

(ii) boilers, as defined in section 370.2(b) of this Title, that are identified as follows:

(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;

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

(c) on-site burning in space heaters. Generators may burn used oil in used oil-fired space heaters provided that:

(1) the heater burns only used oil that the owner or operator generates or used oil received from household do-it-yourselfer used oil generators;

(2) the heater is designed to have a maximum capacity of no more than 0.5 million Btu per hour; and

(3) the combustion gases from the heater are vented to the outside ambient air;

(iii) hazardous waste incinerators subject to regulation under section 373-2.15 or 373-3.15 of this Title.

(2) Other used oil activities.

(i) Except as provided in subparagraph (ii) of this paragraph, used oil burners may not process used oil unless they also comply with the requirements of section 374-2.6 of this Subpart.

(ii) 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 producing on-specification used oil.

(c)Notification.

(1) Identification numbers. Used oil burners which have not previously complied with the notification requirements of RCRA section 3010 must comply with these requirements and obtain an EPA identification number.

(2) Mechanics of notification. Used oil burners who have not received an EPA identification number may obtain one by notifying the EPA regional administrator of their used oil activity by submitting either:

(i) a completed EPA Form 8700-12 (EPA Form 8700-12 is available at the EPA website, http://www.epa.gov); 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 must include the following information:

(a) burner company name;

(b) owner of the burner company;

(c) mailing address for the burner;

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

(e) type of used oil activity; and

(f) location of the burner facility.

(3) Department notification. A used oil burner must notify the department in writing of its operation. Such notification must be sent to the department office of the region in which the facility is located.

(d)Quality control and rebuttable presumption for used oil.

(1) To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of section 374-2.2(a)(2)(i) (b) of this Subpart, a used oil burner must determine whether the total halogen content of used oil managed at the facility is greater than or equal to 1,000 ppm.

(2) The used oil burner must determine if the used oil contains greater than or equal to 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/re-refiner subject to regulation under section 374-2.6 of this Subpart, using information provided by the processor/re-refiner.

(3) 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 section 371.4 of this Title. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by demonstrating that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix 23 of this Title).

(i) Laboratory analyses completed for purposes of rebuttable presumption must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department of Health's Environmental Laboratory Approval Program (ELAP).

(ii) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement, as described in section 374-2.3(e)(3) of this Subpart, 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.

(iii) 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) Used oil containing 50 ppm by weight, or greater, of PCBs is a hazardous waste, excluding oil derived from small capacitors, as defined in section 371.4(e)(3)(ii) of this Title, as the sole PCB contamination source. Applicable standards are contained in Part 370 through Subpart 374-1 and Part 376 of this Title.

(5) Record retention. Records of analyses conducted or information used to comply with paragraphs (1), (2), (3), and (4) of this subdivision must be maintained by the burner for at least three years.

(e)Used oil storage.

Used oil burners are also subject to all applicable Spill Prevention, Control and Countermeasures ( 40 CFR part 112, as incorporated by reference in section 370.1[e] of this Title) in addition to the requirements of this section. Used oil burners are also subject to the Underground Storage Tank ( 40 CFR part 280, as incorporated by reference in section 370.1[e] of this Title) 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 section.

(1) Storage units. Used oil burners may not store used oil in units other than tanks, containers, or units subject to regulation under Subparts 373-2 and 373-3 of this Title.

(2) Used oil tanks. Compliance with petroleum bulk storage regulations.

(i) All aboveground or underground used oil tank systems, regardless of tank size, must be in compliance with Part 613 of this Title. In addition, used oil burners must comply with the following requirements:

(a) aboveground used oil tanks must be equipped with secondary containment:

(1) the secondary containment system must consist of, at a minimum:

(i) dikes, berms or retaining walls; and

(ii) a floor. The floor must cover the entire area within the dikes, berms, or retaining walls, except, for tanks existing as of January 14, 1995, where existing portions of the tank meet the ground; or

(iii) an equivalent secondary containment system;

(2) the entire containment system, including walls and floors, must 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;

(b) used oil tanks at a facility licensed under Part 610 of this Title do not require registration under Part 613 of this Title.

(ii) New aboveground and new underground used oil tank systems, regardless of tank size, must be installed in accordance with Part 613 of this Title.

(3) Condition of units. Containers and aboveground used oil tanks used to store used oil at burner facilities must be:

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

(ii) not leaking (no visible leaks).

(4) Secondary containment for containers. Containers used to store used oil at burner facilities must be equipped with a secondary containment system.

(i) The secondary containment system must consist of, at a minimum:

(a) dikes, berms or retaining walls; and

(b) a floor. The floor must cover the entire area within the dike, berm, or retaining wall.

(ii) The entire containment system, including walls and floor, must 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) Labels.

(i) Every container and aboveground used oil tank used to store used oil at a burner facility must be clearly labeled or marked with the words "Used Oil". In addition, every aboveground tank used to store oil at a burner facility must be labeled with the design capacity and working capacity of the tank.

(ii) Fill pipes used to transfer used oil into underground used oil tanks at burner facilities must be clearly labeled or marked with the capacity of the tank and with the words "Used Oil".

(6) Response to releases.

(i) Any spill, discharge, or release of used oil shall be subject to all applicable provisions of article 12 of the Navigation Law (NL sections 170 through 197) and its implementing rules and regulations, 17 NYCRR Parts 32 - 33 and Part 611 of this Title, regarding, but not limited to, notification, clean-up, and liability, and are also subject to applicable provisions of article 17, titles 10 and 17, of the Environmental Conservation Law, and Subpart 613-6 of this Title.

(ii) Upon detection of a release of used oil to the environment that is not subject to the requirements of subpart F of 40 CFR part 280, and Subpart 613-6 of this Title, as incorporated by reference in section 370.1(e) of this Title, a burner must perform the following cleanup steps:

(a) stop the release;

(b) contain the released used oil;

(c) clean up and manage properly the released used oil and other materials;

(d) if necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service; and

(iii) Within two hours of detecting a spill, discharge, or release of used oil, the facility owner or operator must notify the department Spill Hotline at (800) 457-7362, or, if calling from out of state, (518) 457-7362.

(f)Tracking.

(1) Acceptance. Used oil burners must ensure that used oil is transported to their facilities only by transporters who are permitted, as required by Part 364 of this Title. Used oil burners are required to confirm that the transporters delivering used oil to their facilities carry a valid Part 364 waste transporter permit, if required. Used oil burners must 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 must 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, transfer facility, 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, transfer facility, 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) Record retention. The records described in paragraph (1) of this subdivision must be maintained for at least seven years.

(g)Notices.

(1) Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transfer facility, transporter, or processor/re-refiner, the burner must provide to the generator, transfer facility, transporter, or processor/re-refiner a one-time written and signed notice certifying that:

(i) the burner has notified EPA and the department office in the region in which the facility is located stating the location and general description of his or her used oil management activities; and

(ii) the burner will burn the used oil only in an industrial furnace or boiler identified in paragraph (b)(1) of this section.

(2) Certification retention. The certification described in paragraph (1) of this subdivision must be maintained for seven years from the date the burner last receives shipment of off-specification used oil from that generator, transfer facility, transporter, or processor/re-refiner.

(h)Management of residues.

Burners who generate residues from the storage or burning of used oil must manage the residues as specified in section 374-2.2(a)(5) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-2.7

Amended New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 11/11/2015

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020