Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Applicability.
The requirements of this part apply to used oil burners,
except persons or facilities burning used oil under the following
conditions:
A. the used oil is burned
by the generator in an on-site burning unit under the provisions of part
7045.0855, subpart
3;
B. the used oil is burned by a
processor/rerefiner for purposes of processing used oil which is considered
burning incidentally to used oil processing; or
C. the used oil meets the used oil fuel
specifications of part
7045.0840, provided that the
burner complies with the requirements of part
7045.0895.
Subp. 2.
Restrictions on
burning.
No person shall burn off-specification used oil fuel for
energy recovery in other than the following devices:
A. industrial furnaces defined in part
7045.0020, subpart 43b;
B. boilers, as defined in part
7045.0020, subpart 6a;
C. used oil-fired burning units provided the
unit meets the provisions of part
7045.0855, subpart
3;
D. hazardous waste incinerators subject to
regulation under part
7045.0542 or
7045.0640; or
E. marine and diesel engines.
Subp. 3.
Restrictions on
processing.
Used oil burners may not process used oil unless they also
comply with the requirements of this part, with the following exception. Used
oil burners may aggregate off-specification used oil with virgin oil or
on-specification used oil for purposes of burning, but must not aggregate for
purposes of producing on-specification used oil.
Subp. 4.
Notification.
Used oil burners who have not notified the United States
Environmental Protection Agency that they are burners of used oil must submit a
completed EPA form 8700-12 to EPA indicating their used oil burning
activities.
Subp. 5.
Rebuttable presumption for used oil.
A. To ensure that used oil managed at a used
oil burning facility is not a hazardous waste under the rebuttable presumption
of part
7045.0800, subpart
3, the used oil burner must
determine whether the total halogen content of used oil managed at the facility
is above or below 1,000 ppm, unless the used oil is exempt from the rebuttable
presumption by part
7045.0800, subpart
3, items A and
B.
B. The burner must make this determination by
testing the used oil, by applying knowledge of the halogen content of the used
oil in light of the materials or processes used in generating the used oil. If
the used oil has been received from a processor/rerefiner subject to regulation
under this part, by using information provided by the
processor/rerefiner.
C. If the used
oil contains at least 1,000 ppm total halogens, it is presumed to be a
hazardous waste because it has been mixed with halogenated hazardous waste
listed in part
7045.0135. The owner or operator
may rebut the presumption by demonstrating that the used oil does not contain
hazardous waste as allowed for in part
7045.0800, subpart
3.
D. Records of analyses conducted or
information used to comply with items A to C must be maintained by the burner
for at least three years.
Subp.
6.
Used oil storage.
A. Applicability of federal storage
regulations. Used oil burners must comply with all applicable spill prevention,
control, and countermeasures requirements of Code of Federal Regulations, title
40, part 112, as amended, in addition to the requirements of this subpart. Used
oil burners must comply with the underground storage tank standards of chapter
7150 for used oil stored in underground tanks, whether or not the used oil
exhibits any characteristic of hazardous waste, in addition to the requirements
of this part.
B. Used oil burners
who store used oil in aboveground tanks are subject to chapter 7151, in
addition to the requirements of this subpart. Used oil burners who store at
least 10,000 gallons of used oil at one time are subject to the requirements of
Minnesota Statutes, chapter 115E, to prepare and maintain a discharge
prevention and response plan, in addition to the requirements of this part. All
used oil burners shall comply with the storage and use requirements of the
Minnesota State Fire Code, chapter 7510, in addition to the requirements of
this part.
C. Used oil burners
shall not store used oil in units other than containers or tanks and must
ensure that the following requirements for containers and tanks are met.
Containers and tanks used to store used oil at burning facilities must be in
good condition, not leaking, and closed. Containers must be equipped with a
secondary containment system. The secondary containment system must consist of,
at a minimum, dikes, berms, or retaining walls, and a floor which covers the
entire area within the dike, berm, or retaining wall. An equivalent secondary
containment system may be used for containers. 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. Containers, aboveground
tanks, and fill pipes of underground tanks used to store used oil at transfer
facilities must be marked with the words "Used Oil." Aboveground tanks used to
store used oil at burning facilities may also be subject to the secondary
containment requirements and other requirements in chapter 7151.
D. Upon detection of a release of used oil to
the environment not subject to the requirements of Code of Federal Regulations,
title 40, part 280, subpart F, as amended, a burner must stop the release,
contain the released used oil, clean up and properly manage the released used
oil and other materials contaminated with used oil, and repair or replace any
leaking used oil storage equipment prior to returning it to service to prevent
future releases. A burner who discharges more than five gallons of used oil is
subject to the notification requirements of Minnesota Statutes, section
115.061.
Subp. 7.
Tracking and
acceptance.
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. Used oil burners must
maintain these records for at least three years. Upon request of the
commissioner, the burner must supply information regarding the amount of used
oil received at the burning facility in the previous calendar year. Records for
each shipment must include the following information:
A. the name and address of the transporter
who delivered the used oil to the burner;
B. the name and address of the generator or
processor/rerefiner from whom the used oil was sent to the burner, if
applicable;
C. the identification
number of the transporter who delivered the used oil to the burner;
D. the identification number of the generator
or processor/rerefiner from whom the used oil was sent to the burner, if
applicable;
E. the quantity of used
oil accepted; and
F. the date of
acceptance.
Subp. 8.
Notices and certification.
Before a burner accepts the first shipment of
off-specification used oil fuel from a generator, transporter, or
processor/rerefiner, the generator must provide the generator, transporter, or
processor/rerefiner a one-time, written, and signed notice certifying that the
burner has notified the EPA of used oil management activities at the facility
and the location of the facility, and that the burner will burn used oil only
in an industrial furnace or boiler identified in subpart
2. This certification must be
maintained for at least three years from the date the burner last receives
shipment of off-specification used oil from the generator, transporter, or
processor/rerefiner.
Subp.
9.
Management of residues.
Burners who generate residues from the storage or burning of
used oil must manage the residues as specified in part
7045.0815.
Subp. 10.
Closure.
A. Owners and operators who store or process
used oil in aboveground tanks must, at closure of the tank system, remove or
decontaminate residues in tanks, contaminated containment system components,
contaminated soils, and structures and equipment contaminated with used oil,
and manage them as hazardous waste unless the materials are not hazardous waste
under parts
7045.0102 to
7045.0155. If the owner or
operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in this item, then the owner or operator
must close the tank system and perform postclosure care in accordance with the
closure and postclosure care requirements of part
7045.0638, subpart
4, that apply to hazardous
waste landfills.
B. Owners and
operators who store used oil in containers must, at closure, remove containers
holding used oils or residues of used oil from the site. The owner or operator
must remove or decontaminate used oil residues, contaminated containment system
components, contaminated soils, and structures and equipment contaminated with
used oil, and manage them as hazardous waste unless the materials are not
hazardous waste under parts
7045.0102 to
7045.0155.
Subp. 11.
Other applicable
provisions.
Used oil burners who conduct the following activities are
also subject to the requirements of other applicable provisions as indicated
below:
A. burners who generate used
oil must also comply with part
7045.0855;
B. burners who transport used oil must also
comply with part
7045.0865;
C. except as provided in subpart
3, burners who process or
rerefine used oil must also comply with part
7045.0875; and
D. 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 in part
7045.0795, must also comply with
part
7045.0895.
Statutory Authority: MS s
116.07
