Current through Register Vol. 56, No. 6, March 18, 2024
(a) Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is considered to be off-specification used oil and is subject to regulation under this subchapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in Table 1 below. Once used oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with 7:26A-6.9(c), (d) and (e)3, the used oil is considered to be on-specification used oil and is no longer subject to this subchapter, except for (b) below and 7:26A-6.3(d) and (e).
| TABLE 1 |
| Used Oil not exceeding any specification level is not subject to this |
| subchapter when burned for Energy Recovery (except as noted below). n1 |
|
| Constituent/property | Allowable level |
| Arsenic | 5 ppm maximum |
| Cadmium | 2 ppm maximum |
| Chromium | 10 ppm maximum |
| Lead | 100 ppm maximum |
| Flash point | 100 [degree]F minimum |
| Total halogens | 1,000 ppm maximum n2 |
| NOTE: Applicable standards for the burning of used oil containing PCBs are |
| also imposed by 40 C.F.R. 761.20(e). |
| 1. | The specification does not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see 7:26A-6.1 ). |
| 2. | Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under 7:26A-6.1(a)2 i. Such used oil is subject to 40 C.F.R. Part 266, subpart H, as incorporated by reference at N.J.A.C. 7:26G-10 rather than this subchapter when burned for energy recovery unless the presumption of mixing can be successfully rebutted. |
(b) On-specification used oil may be directly burned for energy recovery in any device, furnace, or boiler, provided a "Permit to Construct, Install or Alter Control Apparatus or Equipment and Certificate to Operate Control Apparatus or Equipment" or other required authorization is obtained for the device in accordance with N.J.A.C. 7:27-8, 20, or 22 prior to burning.
