Current through March 20, 2024
Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3
Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22;
IC 13-23; IC 13-30; 40 CFR 261;
40 CFR
761.20(e)
Sec. 4.
(a) In
addition to any applicable requirements in 329 IAC 13-8 through 329 IAC 13-9,
marketers and burners of used oil who market, process, or distribute in
commerce for energy recovery, used oil containing greater than or equal to two
(2) parts per million PCB are subject to the requirements of this
section.
(b) Used oil containing
greater than or equal to two (2) parts per million PCB may be marketed only to:
(1) Qualified incinerators as defined in
40
CFR 761.3, incorporated by reference in
329 IAC
4.1-2-1.
(2) Marketers who market off-specification
used oil for energy recovery only to other marketers who have complied with
329 IAC
13-9-4.
(3) Burners identified in
329 IAC 13-8-2(a)(1)
through
329 IAC
13-8-2(a)(2). Only burners in the
automotive industry may burn used oil generated from automotive sources in used
oil-fired space heaters provided the provisions of
329 IAC
13-4-4 are met. The commissioner may grant a variance
for a boiler that does not meet the criteria in
329 IAC 13-8-2(a)(1)
through
329 IAC 13-8-2(a)(2)
after considering the criteria listed in
40 CFR
260.32(a) through
40 CFR
260.32(f), incorporated by
reference in
329
IAC 3.1-5-4. The applicant must address the relevant
criteria contained in
40 CFR
260.32(a) through
40 CFR
260.32(f) in an application
to the commissioner.
(c)
Used oil to be burned for energy recovery is presumed to contain greater than
or equal to two (2) parts per million PCB unless the marketer obtains test
analyses or other information that the used oil fuel does not contain greater
than or equal to two (2) parts per million PCB.
(1) The person who first claims that a used
oil fuel does not contain greater than or equal to two (2) parts per million
PCB must obtain analyses or other information to support that claim.
(2) Testing to determine the PCB
concentration in used oil may be conducted on individual samples, or in
accordance with the testing procedures described in § 761.60(g)(2),
incorporated by reference in
329
IAC 4.1-4-1. However, for purposes of this part, if
any PCBs at a concentration of fifty (50) parts per million or greater have
been added to the container or equipment, then the total container contents
must be considered as having a PCB concentration of fifty (50) parts per
million or greater for purposes of complying with the disposal requirements of
this part.
(3) Other information
documenting that the used oil fuel does not contain greater than or equal to
two (2) parts per million PCB may consist of either personal, special knowledge
of the source and composition of the used oil, or a certification from the
person generating the used oil claiming that the oil does not contain greater
than or equal to two (2) parts per million PCB.
(d) Persons subject to this section shall
comply with the following restrictions on burning:
(1) Used oil containing greater than or equal
to two (2) parts per million PCB may be burned for energy recovery only in the
combustion facilities identified in subsection (b) when such facilities are
operating at normal operating temperatures. Used oil containing greater than or
equal to two (2) parts per million PCB must not be burned during either startup
or shutdown operations. Owners and operators of such facilities are burners of
used oil fuels.
(2) Before a burner
accepts from a marketer the first shipment of used oil fuel containing greater
than or equal to two (2) parts per million PCB, the burner must provide the
marketer a one-time written and signed notice certifying that:
(A) The burner has complied with any
notification requirements applicable to qualified incinerators as defined in
40
CFR 761.3, incorporated in
329 IAC
4.1-2-1, or to burners regulated under 329 IAC
13-8.
(B) The burner will burn the
used oil only in a combustion facility identified in subsection (b) and
identify the class of burner he qualifies.
(e) The following record keeping requirements
are in addition to the record keeping requirements for marketers found in
329 IAC
13-9-3(b),
329 IAC 13-9-5, and
329 IAC 13-9-6, and for
burners found in
329 IAC 13-8-6 and
329 IAC 13-8-7:
(1) Marketers who first claim that the used
oil fuel contains greater than or equal to two (2) parts per million PCB must:
(A) include among the records required by
329 IAC 13-9-3(b)
and
329 IAC 13-9-5(b)
through
329 IAC
13-9-5(c), copies of the analysis or
other information documenting his claim; and
(B) include among the records required by
329 IAC
13-9-5(a),
329 IAC
13-9-5(c), and
329 IAC 13-9-6, a copy of
each certification notice received or prepared relating to transactions
involving used oil containing PCB.
(2) Burners must include among the records
required by
329 IAC 13-8-6 and
329 IAC 13-8-7 a copy of
each certification notice required by subsection (d)(2) that the burner sends
to a marketer.
