Section Env-Hw 807.10 - Standards for Burners of Used Oil Fuel(a) For the purpose of this section, "used oil fuel burner (UOF burner)" means an owner or operator of an industrial furnace, boiler, or space heater identified in (b)(4) - (6), below, that burns used oil fuel, except as specified in Env-Hw 807.08(c).(b) A UOF burner shall comply with the following standards:(1) A UOF burner shall notify the department of its used oil management activities by completing and submitting to the department a notification form obtained from the department that includes the following:a. The information specified in Env-Hw 504.02(a), as applicable; andb. A statement signed by the burner's authorized representative certifying, as specified in Env-Hw 207, the information provided on the notification form.(2) A UOF burner shall notify the department of used oil management activities even if the UOF burner has previously obtained an EPA identification number for other hazardous waste management activities;(3) Owners and operators of facilities who intend to burn used oil fuel shall also notify the department's air resources division to secure any required permits prior to burning such fuels;(4) Off-specification used oil fuel shall be burned only in the following devices: a. Industrial furnaces as defined in Env-Hw 103;b. Boilers, as defined in Env-Hw 103, that are:1. Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or2. Utility boilers used to produce electric power, steam, or heated or cooled air or other gases or fluids for sale; orc. Used oil fired space heaters, provided that:1. The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour;2. Combustion gases from the heater are vented to the outside ambient air; and3. The burner burns only used oil that is generated on site;(5) Specification used oil fuel shall be burned only in the following devices: a. Oil furnaces and boilers, except those located at private residences, hotels, motels, apartment buildings, and residential institutions including hospitals, residential treatment facilities, and retirement homes; orb. Used oil fired space heaters, provided that the heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour, and combustion gases from the heater are vented to the outside ambient air;(6) Used oils containing greater than or equal to 2 ppm PCBs shall be burned only in units allowed under 40 CFR 761.60, pursuant to the Toxic Substances Control Act;(7) A UOF burner shall perform analyses of the oil for the parameters outlined in Env-Hw 807.02 and Env-Hw 807.03, unless:a. The UOF burner has received the used oil fuel from a UOF marketer that has tested the batch in question and has provided a copy of the resulting analytical report to the burner;b. The UOF burner is burning only used automotive oil that is generated on-site; orc. The UOF burner is burning only used oil collected from persons generating the oil as a household waste;(8) Before accepting the first shipment of off-specification used oil fuel from a marketer, a UOF burner shall provide the marketer a one-time written and signed notice certifying, as specified in Env-Hw 207, that: a. The burner has notified the department of the location and general description of the burner's used oil management activities; andb. The burner will burn the used oil only in a device specified in this section;(9) A UOF burner shall keep the following records on file:a. A copy of each certification notice that the burner sends to a marketer for 3 years from the date the burner last receives used oil fuel from that marketer;b. Copies of all used oil fuel analysis reports for 3 years from the date that the oil is received at the burner's facility; andc. A copy of each bill of lading for 3-years from the date that the oil is received at the burner's facility;(10) The 3-year record retention period specified in (b)(9), above, shall be extended automatically while any enforcement action is pending; and(11) A UOF burner shall comply with all applicable state and local requirements pertaining to the burning of petroleum products, including provisions of the state fire code that apply to oil burning equipment, currently at Saf-C 6012, as may be amended pursuant to RSA 153:5, I.N.H. Code Admin. R. Env-Hw 807.10
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12350, Effective 8/14/2017, Expires 8/14/2027.