Ala. Admin. Code r. 335-14-17-.08

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-14-17-.08 - Standards For Used Oil Fuel Marketers

(1)Applicability.

(a) Any person who conducts either of the following activities is subject to the requirements of 335-14-17-.08:

1. Directs a shipment of off-specification used oil from their facility to a used oil burner; or

2. First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Rule 335-14-17-.02(2).

(b) The following persons are not marketers subject to 335-14-17-.08:

1. Used oil generators, and transporters who transport used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. However, processors/re-refiners who burn some used oil fuel for purposes of used oil processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processor/re-refiners who incidentally burn used oil are not marketers subject to 335-14-17-.08;

2. Persons who direct shipments of on-specification used oil and who are not the first person to claim the oil meets the used oil fuel specifications of Rule 335-14-17-.02(2).

(c) Any person subject to the requirements of must also comply with one of the following:

1. Rule 335-14-17-.03 --Standards for Used Oil Generators;

2. Rule 335-14-17-.05 --Standards for Used Oil Transporters and Transfer Facilities;

3. Rule 335-14-17-.06 --Standards for Used Oil Processors and Re-refiners; or

4. Rule 335-14-17-.07 --Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery.

(2)Prohibitions. A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who:

(a) Has an EPA identification number; and

(b) Burns the used oil in an industrial furnace or boiler identified in Rule 335-14-17-.07(2)(a).

(3)On-Specification used oil fuel.

(a) Analysis of used oil fuel. A generator, transporter, processor/re-refiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of Rule 335-14-17-.02(2) by performing analyses or other information documenting that the used oil fuel meets the specifications.

(b) Record retention. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under Rule 335-14-17-.02(2), must keep copies of analyses of the used oil (or other information used to make the determination) for three years.

(4)Notification.

(a) A used oil fuel marketer subject to the requirements of must obtain an EPA identification number within 30 days of the effective date of these Rules or prior to marketing used oil fuel, whichever is later.

(b) A marketer who has not received an EPA identification number may obtain one by notifying the Department of their used oil activity by submitting a completed ADEM Form 8700-12, Notification of Regulated Waste Activity. (To obtain this form, call the Department's Land Division at (334) 271-7730.)

(5)Tracking.

(a) Off-specification used oil delivery. Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner to which it delivers the used oil. 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:

1. The name and address of the transporter who delivers the used oil to the burner;

2. The name and address of the burner who will receive the used oil;

3. The EPA identification number of the transporter who delivers the used oil to the burner;

4. The EPA identification number of the burner;

5. The quantity of used oil shipped; and

6. The date of shipment.

(b) On-specification used oil delivery. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under Rule 335-14-17-.02(2) must keep a record of each shipment of used oil to the facility. Records for each shipment must include the following information:

1. The name and address of the facility receiving the shipment;

2. The quantity of used oil fuel delivered;

3. The date of shipment or delivery; and

4. A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under Rule 335-14-17-.08(3)(a).

(c) Burners of on-specification used oil produced on-site. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned on-site for energy recovery meets the fuel specifications under Rule 335-14-17-.02(2) must keep a record of the amount of used oil produced and used for this purpose. The record must include the following information:

1. The quantity of used oil declared on-specification and burned for energy recovery; and

2. A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under Rule 335-14-17-.08(3)(a).

(d) Records retention: The records described in 335-14-17-.08(5)(a) and (b) must be maintained for at least three (3) years.

(6)Notices.

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

1. The burner has notified the Department stating the location and general description of used oil management activities; and

2. The burner will burn off-specification used oil only in an industrial furnace or boiler identified in Rule 335-14-17-.07(2)(a).

(b) Certification retention. The certification described in 335-14-17-.08(6)(a) must be maintained for three (3) years from the date the last shipment of off-specification used oil is shipped to the burner.

Ala. Admin. Code r. 335-14-17-.08

New rule: Filed November 30, 1994 effective January 5, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 2, 1996; effective March 8, 1996. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed April 22, 2004; effective May 27, 2004. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed April 22, 2008; effective May 27, 2008.

Authors: James T. Shipman, C. Edwin Johnston, Bradley N. Curvin

Statutory Authority:Code of Ala. 1975, §§ 22-22A-4(n), 22-22A-5(3), 22-22A-5(4), 22-22A-5(20), 22-30-9(5).