(a) General. A used oil burner is a person
who burns used oil for energy recovery. An on-specification used oil burner is
a person who only burns used oil that meets the specifications of R315-15-1.2.
U sed oil that has not been determined to be on-specification used oil by a
Utah-registered marketer shall be managed as off-specification used oil except
as described R315-15-2.4. An off-specification used oil burner is a person who
burns used oil not meeting the specifications found in R315-15-1.2 for energy
recovery. Facilities burning used oil for energy recovery under the following
conditions are subject to R 315-15-6.1(a) and (b) and R315-15-6.2(b) and (c),
but not other portions of R315-15-6:
(1) The
used oil is burned by the generator in an on-site space heater under the
provisions of R315-15-2.4;
(2) 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;
or
(3) The used oil burned by the
facility is obtained from a Utah-registered marketer who claims and has
demonstrated that the used oil meets the used oil fuel specifications set forth
in R315-15-1.2 and who delivers the used oil in the manner set forth in
R315-15-7.5(b).
(b) Other
applicable provisions. In addition to the requirements of R315-15-6.1(a), used
oil burners who conduct the following activities are subject to the
requirements of R315-15 as indicated below.
(1) Burners who generate used oil shall
comply with
R315-15-2;
(2) Burners who transport used oil shall
comply with
R315-15-4;
(3) Except as provided in R315-15-6.2(b)(2),
burners who process or re-refine used oil shall comply with Section
R315-15-5;
(4) Burners who direct shipments of
off-specification used oil from their facility to an off-specification 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 R315-15-1.2 shall comply
with
R315-15-7
and R315-15-13.7;
(5) Burners who
dispose of used oil shall comply with
R315-15-8;
and
(6) Burners who collect used
oil shall also comply with the collection center requirements in
R315-15-3.
Burners may only burn used oil collected from other generators if that used oil
has been certified to be on-specification used oil by a Utah-registered used
oil marketer in compliance with
R315-15-7.
Burners who collect and burn used oil that is not "do-it-yourselfer" or
farmer-generated as described in R315-15-2.1(a)(1) and (4), shall obtain a used
oil marketer registration before burning such oil and shall comply with the
provisions of
R315-15-7.
(7) Tanks, containers, and piping that
previously contained listed hazardous waste. Unless tanks, containers, and
piping that previously contained listed hazardous waste are decontaminated as
described in
R315-2-7
prior to storing used oil, the used oil is considered to have been mixed with
the hazardous waste and shall be managed as hazardous waste unless, under the
provisions of R315-15-1.1(b), the hazardous waste and used oil mixture is
determined not to be hazardous waste.
(8) Tanks, containers, and piping that
previously contained PCB-contaminated material. Unless tanks, containers, and
piping that previously contained PCB-contaminated material are decontaminated
as described in 40 CFR 761 Subpart S prior to transfer of used oil, the used
oil is considered to have been mixed with the PCB-contaminated material and
shall be managed as PCB-contaminated material in accordance with
R315-15-18.
(c) Off-specification used oil burner permit.
Off-specification used oil burners shall obtain a permit from the Director
prior to burning off-specification used oil unless exempted by
R315-15-13.6(b)(5). An application for a permit shall contain the information
required by R315-15-13.6(b). Off-specification used oil burners shall also
obtain a used oil handler certificate in accordance with
R315-15-13.8.
(d) Testing of used
oil fuel for PCBs. Used oil to be burned for energy recovery is presumed to
contain quantifiable levels, 2 ppm or greater, of PCBs unless a used oil
marketer obtains laboratory analyses that the used oil fuel does not contain
quantifiable levels of PCBs. The person who first claims that the used oil fuel
does not contain a quantifiable level of PCBs shall obtain analyses or other
information to support the claim, as described in
R315-15-18.