Friday
January 11, 1985
-8 5-
Part III
*«
Environmental
Protection Agency
40 CFR Part 266
Hazardous Waste Management System:
Standards for the Management of
Specific Wastes and Specific Types of
Facilities; Proposed Rule and Request for
Comment
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1684
Federal Register / Vol. 50. No. 8 / Friday, fanuarv ll. 1985 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 266
[SWH-FRL 2680-4]
Hazardous Waste Management
System: Standards for the
Management of Specific Wastes and
Specific Types of Facilities
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule and request for
comment.
SUMMARY: Under this proposal, the
Environmental Protection Agency (EPA)
would begin to regulate hazardous
waste and used oil burned for energy
recovery In boilers and industrial
furnaces. The proposal contains both
substantive controls on actual burning,
and administrative controls on persons
who market and burn hazardous waste
and used oil for energy recovery. The
substantive controls on burning would
prohibit nonindustrial boilers from
burning hazardous waste and off-
specification used oil (i.e.. used oil that
did not meet particular specifications for
toxic contaminants and for flash point).
The administrative requirements include
notification, use of a manifest or invoice
system, and recordkeeping. This
proposal would also expand coverage of
existing storage standards to include
storage of processed or blended
hazardous waste fuels.
DATR EPA will accept public comments
on this proposed amendment until
March 12,1985.
Public Hearings: Public hearings will
be held on the following dates to obtain
comments on the issues summarized in
Section XIII of the preamble: February
IS. 1985. February 21,1985. and
February 28,1985.
The hearings, will begin at 9:30 a.m.
(registration at 9:00 a.m.) and will end at
4:30 p.m.. unless concluded earlier.
ADDRESSES: The hearings will be held at
the following locations:
February IS—U.S. EPA, 26 Federal
Plaza, Conference Room 305, New
York. New York 10278
February 21,1985— Ramada Inn Hobby
Airport West.* 7777 Airport
* Hole! rooms have been blocked for the
convenience of attendees requiring overnight
accommodations. When making reservations, please
Indicate you are attending the U.S. EPA public
hearing.
Boulevard. Houston, Texas 77061.
(713) 644-1261
February 26. 1985—Torrance Marriott.*
3625 Fashion Way, Torrance.
California 90503, (213) 316-3636
Comments on this proposal should be
mailed to the Docket Clerk (Docket No.
3004, Burning of Waste as Fuel), Office
of Solid Waste (WH-562), U.S.
Environmental Protection Agency, 401 M
Street, S.W., Washington, D.C. 20460.
Comments received by EPA may be
inspected in Room S-212, U.S.
Environmental Protection Agency, 401 M
Street, S.W., Washington, D.C. from 9:00
A.M. to 4:00 P.M., Monday through
Friday, excluding holidays. EPA
encourages all interested persons to
attend the public hearings. If you would
like to present an oral statement at one
of the hearings, please notify in writing
Ms. Geraldine Wyer. Office of Solid
Waste (WH-562), U.S. EPA,
Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT:
RCRA Hotline, toll free, at (800) 424-
9346 or at (202) 382-300. For technical
information, contact David Sussman,
Manager, Waste Combustion Program,
Waste Management and Economics
Division, Office of Solid Waste, WH-
565A, U.S. Environmental Protection
Agency. 401 M Street, S.W.,
Washington, D.C. 20460. Telephone:
(202) 382-7917. Single copies of the
proposed rule are available by calling
the RCRA Hotline at the number above.
SUPPLEMENTARY INFORMATION:.
Preamble Outline
I. Authority
n. An overview of Today's proposal
IH. Existing Regulations Control Burning in
Incenerators but exempt burning in
boilers and furnaces
IV. Regulations are needed to control burning
in boilers and industrial furnaces
A. Burning hazardous waste and used oil in
boilers can pose substantial hazards
B. States and Congress Are Concerned
About the Problem
V. Congress has authorized the Agency to
regulate burning in boilers and furnaces
VI. Discussion of major regulatory options
A. Nonregulatory options are ineffective
and impractical
B. Basis for regulating boilers by boiler use
1. Need for immediate controls for
nonindustrial boilers
2. Schedule for regulating industrial
boilers and furnaces
C. Consideration of other approaches
VII. Proposed substantive controls on burning
A. An overview of the proposed controls
on burning
B. A summary of the prohibitions
C. Materials and combustion units to which
the prohibitions apply
1. Definition of Hazardous Waste Fuel
2. Determining when a waste is burned
for energy recovery and applicability of
the proposed rules to burning for
materials recovery
3. Identification of used oil subject to
regulation
4. Distinguishing between hazardous
waste and used oil
5. Definition of nonindustrial boiler or
furnace
D. Selection of parameters and levels for
the used oil fuel specification
1. Basis for selection of parameters
2. Basis for determining levels for
parameters
E. Basis for deferring regulation of used oil
space heaters
F. Prohibitions on cement kilns in urban
areas burning hazardous waste fuel
G. Request for comments on issues
pertaining to the prohibitions
1. Request for comments on prohibiting
the burning of waste fuels in small
industrial boilers
2. Request for comments on exempting
ignitable waste from the prohibition on
burning in nonindustrial boilers
VIII. Proposed administrative controls
A. An overview of the proposed
administrative controls
B. Discussion of the proposed notification
requirements
1. Purpose of the notification requirement
2. Who must notify
3. Use of the amended hazardous waste
notification form
4. Notification procedures
5. Legal significance of notification
C. Proposed Transportation Controls
D. Proposed notice and certification
requirement
E. Proposed recordkeeping requirement
IX. Storage requirements for hazardous waste
fuel
X. Examples of how these regulations
would operate
XI. State Authority
A. Applicability of rules in authorized
states
B. Effect on state authorizations
XII. Discussion of regulatory impacts
A. Results of the Agency's impact
analysis
B. Estimated costs of proposed rules on
the regulated community
1. Estimated unit costs of requirements
2. Estimated cost of requirements to
typical facilities
3. Estimated nationwide costs
C. Impacts on the used oil recycling
industry
1. Description of persons regulated
2. Impact of regulation to individual
facilities or persons
3. Impact of regulation nationwide
XIII. Solicitation of public comment and
announcement of public hearings
XIV. List of subjects '
I. Authority
These regulations are proposed under
the authority of Sections 1006, 2002(a),
3001, 3002. 3003, 3004, 3005, 3007, 3010,
and 3014 of the Solid Waste Disposal
Act as amended by the Resource
Conservation and Recovery Act of 1976,
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Federal Register / Vol. SOlgNo. 8 / -Friday. January 11. 1985 / Proposed Rules
1685
the Quiet Communities Act of 1978, the
Solid Waste Disposal Act Amendments
of 1980, the Used Oil Recycling Act of
1980, and the Hazardous and Solid
Waste Amendments of 1984. 42 U.S.C.
6905, 6912(a), 6921, 6922, 6923, 6924, 6925,
6927, 6930, and 6932.
II. Overview of Today's Proposal
EPA is proposing today to extend the
hazardous waste management
regulations to apply to marketing and
burning for energy recovery of
hazardous wastes and used oils. The
proposal would prohibit burning of
hazardous wastes in nonindustrial
boilers. Used oil could be burned in
these boilers only if it conformed to
specifications for certain toXic
constituents and for flash point. For the
time being, burning hazardous waste in
industrial boilers and furnaces for
legitimate energy recovery would
continue to be exempt from regulation
pending further study by the Agency of
what type of regulation is needed to
protect human health and the
environment.
To enforce the prohibitions on burning
these materials, EPA also is proposing
administrative requirements that create
a tracking system from initial waste fuel
marketers, through distributors, to
burners. These requirements include
notification, receipt of identification
number, compliance with manifest or
(for used oil) invoice system, and
recordkeeping.
Finally, this proposal would also
expand coverage of existing storage
standards to include storage of
processed or blended hazardous waste
fuel.
HI. Existing Regulations Control Burning
in Incinerators but Exempt Burning in
Boilers and Industrial Furnaces
The Resource Conservation and
Recovery Act ("RCRA" or "the Act")
provides for the development and
implementation of a comprehensive
program to protect human health and
the environment from the improper
management of hazardous waste. The
Act also requires EPA to develop
standards to protect the public from
hazards associated with recycled oil.
The Environmental Protection Agency
has, under RCRA, promulgated
regulations for determining which
wastes are hazardous (Section 3001);
standards for generators (Section 3002)
and transporters (Section 3003)- of
hazardous waste; requirements for the
treatment, storage, and disposal of
hazardous waste (Section 3004);
procedures for obtaining a hazardous
waste permit (Section 3005); procedures
for the authorization of state programs
(Section 3006); and requirements for
notifying EPA of hazardous waste
activity (Section 3010).
One area in which EPA has not yet
completed regulatory action involves the
burning of hazardous waste for energy
recovery. Current regulations provide
control for treatment of hazardous
waste by incineration (40 CFR Parts 264
and 265, Subpart O), but there are as yet
no Federal requirements for burning of
hazardous waste for energy recovery in
other types of combustion devices (e.g., '
boilers and industrial furnaces). Burning
of used oil for energy recovery is
likewise unregulated by Federal rules at
the present time. (It should be noted,
however, that EPA's regulations do
regulate storage and transportation of
hazardous waste destined for use as a
fuel if the waste is listed in 40 CFR
261.31 or 261.32 or is a sludge (see 40
CFR 261.6(b)' The distinction exists
because the Agency needed time to
determine whether regulations for
burning for energy recovery should
differ from those for incineration, in light
of the different scope of the practices
and the different combustion units and
wastes involved.
As a result, burning hazardous waste
and used oil as fuel remains a source of
potentially hazardous emissions that
may adversely affect human health and
the environment. The Agency recognizes
the need to regulate this burning of •
hazardous waste and used oil. See 48 FR
at 14481-482. Moreover, the recent
Hazardous and Solid Waste
Amendments of 1984 require the Agency
to develop these standards within two
years of enactment. (See RCRA
amended Section 3004(q)}. Today's
proposal would begin this process.
< EPA has proposed to revise 40 CFR 261.8. (See
48 FR 14472 (April 4.1983).) Under that proposal.
storage and transportation of certain spent
materials prior to use to produce a fuel would also
be subject to regulation. In addition, the Agency
proposed to retain (in 5 281.6(b)(l)(v)) the
exemption from the hazardous waste incinerator
standards for listed wastes, sludges and certain
spent materials—and for any fuels produced from
these wastes—that are burned for energy recovery.
Burning for energy recovery in devices that are not
permitted hazardous waste incinerators, however,
could be regulated immediately on a case-by-case
basis. See generally, proposed 55 260.10,
261.2(a)(2)(ii). 281.6(b)(v). 281.6(b)(vi). 2B1.6(g)(2); 48
FR 14507-511. Note: This footnote and all other
references in this preamble to the Agency's intent to
amend ! 261.6 assumes the amendments have not
yet been promulgated. However, given that those
amendments and today's notice of proposed
rulemaking are moving through the Agency's
clearance procedures at the same time, the
amendments to 5 261.6 may be promulgated before
today's rulemaking is proposed.
IV. Regulations Are Needed To Control
Burning in Boilers and Industrial
Furnaces
EPA today is proposing regulations to
control the burning of hazardous waste
and used oil for energy recovery
because of the potential for substantial
harm to human health and the
environment from burning and handling
these materials. Damage incidents
involving these practices confirm this
potential for harm. This potential
likewise is corroborated by comments of
diverse groups including some state
officials, the Congress, and various
industry and environmental groups, all
of whom have strongly urged Agency
action to halt a growing environmental
problem.
A. Burning Hazardous Waste and Used
Oil in Boilers Can Pose Substantial
Hazards
Hazardous wastes and used oils pose
the potential to cause substantial harm
from the time they leave a generator or
fuel processor or blender until and
including the time they are burned. Used
oils frequently arrive at fuel processing
or blending facilities heavily
contaminated with organic and
inorganic toxic materials. These
contaminants may be present as a result
of use of the oil, or may have been
added as a result pf deliberate
adulteration with hazardous wastes.
Some fuel blenders also receive . .
hazardous wastes that they then mix
with used oil and sell as a fuel.
These contaminants rarely are
removed when the used oils or
hazardous wastes are -processed to
make fuels.2 The methods of processing
hazardous waste or used oil most
commonly employed to make a fuel
include filtering, settling, and sometimes
dehydration. Processing is performed
only to meet customer specifications,
which are almost always related to the
ASTM specifications for various grades
of fuel oil (e.g., numbers 2.4, 5 and 6).
Such specifications provide limits on
parameters including bottom sediment
and water, heat value, flash point, and
viscosity. These parameters are related
mainly to how well a fuel burns or how
easily it can be pumped from storage
tanks and fired into the combustion
device. The ASTM specifications do not
limit toxic metals, chlorine, or any
organic contaminants. This is significant
because EPA has established that used
oil commonly contains high levels of
toxic metals and chlorinated organics.
'National Enforcement Investigations Center,
U.S. EPA. Summary of Waste Oil Recycling Facility
Investigations, October 1983.
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
Table 1 shows the composition of
typical used oil and represents analyses
of crankcase oils from cars and trucks,
and industrial oils sampled prior to
processing or blending. Hazardous
wastes used as fuel may contain these
same contaminants, plus many others as
well.
Currently, processors and blenders of
used oil or hazardous waste have no
incentive to remove these potentially
harmful contaminants. Product price is
typically related only to whether a fuel
meets a minimum BTU specification and
how easily it can be pumped.
Technologies such as distillation or
chemical treatment that remove metals
and other contaminants do .exist, but
processors who use these technologies
often find themselves at a competitive
disadvantage to those who only filter,
settle, and blend. This has led the
Agency to conclude that the
marketplace cannot adequately control
the composition of waste fuels and,
therefore, that regulatory controls are
necessary.
TABLE 1.—CONCENTRATION OF USED OIL
CONTAMINANTS
I*
u
I Num.
Mtitis
Antnc^,.,,^
B*OUrT1::;:iW«™.
C^rtnxjflii ,:,„
Chrommm ..,...,
Lead 44W»Mmn,
berot
sam-
ples
527
752
744
758
835
Zoc, i 810
CMornated J
solvents: .
DicNorodrfluo- I
romethsne,,.! 87
Tnchkxotn- !
nooroemanejj 28
1.1.1- ]
Tnehlor-
oethlene
Trehloroetny-
Urt+h| |u
Tetranchlor.
oettiylene.^.
Total chlorine™J
Omer organic*;
616
608
589
590
Benzene.,,«_.l 238
Toluene. J 242
Xytene.—™! 235
8enzo(a)an.
Bvacene..,....^ 27
SerosXaJpy- j
rene _„,„., — T 85
Naphthalene,.,.! 25
PCl's — , , 753
••Meol-
an"
concert-
trabon
at 50th
pOTOtfl*
(pom)
5
48
3
6.5
240
480
20
160
200
100
106
1.600
20
380
550
12
10
330
5
Concen-
tration at
75m
peroen-
(Ppm)
5
120
8
12
740
872
160
1,300
'
1,300
200
600
4,000
110
2.4OO
2.400
30
13
580
15
Concen-
tration at
90th '
peroen-
(ppm)
18
250
10
35
1.200
1,130
640
100.000
3,500
BOO
1.600
9,510
300
4.500
3,200
40
16
BOO
50
•At the meolan, 50 percent of the analyzed load oil
mplw had contamnant concemrationa below the given
'Seventy-live percent o( the analyzed used oil samples
had conuwwam concerrtratwia below me given value.
'N*e«y percent ol the analyzed used wl samples had
contamoam cooeentrationa below the given value.
•Vetoes lor lead were taken from 1979-83 data only.
Source; Franklin Associates. Ltd, Composition tnd Utn-
" thfUni<«t suits. Sep-
estimate is that about 1-2 million tons of
hazardous wastes and about 2.4 million
tons of used oils are burned annually as
fuel.3-4 It is known that such burning
occurs in every conceivable
circumstance—in utility, industrial
commercial, institutional, and
residential sectors, and throughout the
country.
The major risk attributable to burning
waste fuels is from exposure to
emissions of toxic chemicals and toxic
metals that are constituents of the fuel.
These risks are described in more detail
in Section VII-D of this preamble, where
we discuss how certain contaminants
were selected for the used oil fuel
specification. This is by no means the
only risk posed, however. Lack of proper
labelling leaves burners unprotected,
because they are without notice that
they are storing and burning a
potentially dangerous fuel. Waste fuels
also can cause harm if transported
without tracking, since they could be
misdirected, or even dumped illicitly.
Harm resulting from improper storage
or spills of waste fuels also is possible.
If the waste fuel has a low flash point,
there is risk of fire and explosion.
Emissions of volatilized organic
constituents could also pose a health
hazard to exposed persons.
The residue from burning waste fuels
could be heavily contaminated with
hazardous wastes, toxic metals, or toxic
combustion by-products that were
neither destroyed during combustion nor
emitted from the boiler.5 It is unlikely
that this residue would be handled as a
hazardous waste, and its disposal in a
sanitary landfill, rather than in a
hazardous waste landfill, has potential
for harm to those handling the residue
as well as to the public and the
environment.
Actual damage incidents involving
waste fuels have been reported.6The
best known of these incidents involves
the Quanta facility, a used oil fuel
blending facility located in New Jersey.
This facility accepted contaminated
used oil, including PCB-contaminated
transformer oil, as well as hazardous
wastes such as spent chlorinated
solvents. Treatment of the oil was
typical of that used in the industry and
consisted only of settling out bulk solids
Estimates of the quantities of waste
fuels burned vary greatly. EPA's best
3 Based on data in: WESTAT. Inc., Survey of
. Burners of Used or Waste Oil and Waste-Derived
Fuel Material. October 1984 (Draft report).
' Franklin Associated. Ltd.. Composition and
Management of Used Oil Generated in the United
States. September 1984. p. 1-9.
1GCA Corp.. Environmental Characterization of
Disposal of Waste Oils in Small Combustors. May
1984. pp. 14 and IS.
'Hazardous Waste Treatment Council, Damage
Cases. 1983 (Unpublished data).
and water: contaminants were not
removed or neutralized. The blended
mixture was marketed as a fuel.
sometimes to retail fuel distributors, and
in some cases directly to ultimate users.
including both residential and industrial
users. Investigators of ABC News in fact
filmed trucks taking contaminated
commercial fuel oil from Quanta to
apartment buildings in New York City.
Residents of those buildings began
complaining of respiratory problems.
headaches, nausea, and digestive
problems shortly after these fuels began
to be burned. Boiler residues at these
buildings, when sampled, showed
presence of PCBs and chlorinated
solvents.7
B. States and Congress are Concerned
About the Problem
EPA's concern about the potential for
harm from burning waste fuels has been
echoed by states, the Congress, and
some industry and environmental
groups. Many of these entities have
direct experience in trying to control
waste fuels. They are unanimous in
urging a strong and immediate Federal
regulatory presence to control a.serious
problem.
Officials of the States of New York,
New Jersey, Michigan, California,
Alaska, and Wisconsin have voiced
special concern to EPA about this
problem because of related illegal
activities and damage incidents within
their jurisdictions. At this time. New
York, New Jersey, and Rhode Island
have undertaken regulation,of the
composition of waste fuels.
Legislation to compel EPA action on
this problem was introduced in both
Houses of Congress in the 1982 session.
The recent Hazardous and Solid Waste
Amendments of 1984 adopted this
legislation and require EPA to develop
standards controlling production.
distribution, and burning of hazardous
waste fuels within two years of
enactment. See RCRA amended Section
3004(q).
V. Congress Has Authorized the Agency
to Regulate Burning in Boilers and
Furnaces
In this proposal, the Agency would
regulate the burning of used oil and
hazardous wastes used as fuels.
Authority to establish a fuel
specification for hazardous constituents
and fuel properties is contained in both
the User Oil Recycling Act of 1980 and
in the other provisions of RCRA itself.
'Transcript of ABC 20/20 Broadcast on Dec. 17.
1981: EPA Staff Interview with Kenneth Mansfield.
Manager. Quanta facility. February 25.1983.
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Federal Register / Vol. 50, No. 8 / Friday. January 11. 1985 / Proposed Rules
1687
Section 3014 of RCRA, added by the
Used Oil Recycling Act, requires the
Agency to promulgate "performance
standards and other requirements"
necessary to protect against hazards
associated with "recycled oil".
"Recycled oil" (Section 1004 (37)) means
contaminated oil which is reused for any
purpose, including burning. Thus, the
Agency has express authority to control
burning of used oil by means of
performance standards. (See also S.
Rep. No. 96-879, 96th Cong. 2nd Sess. 1,
Stressing that the purpose of the Used
Oil Recycling Act is to discourage
improper burning of used oils; see also
H. Rep. No. 98-198. 98th Cong. 1st Sess.
68, stating that EPA has authority to
specify toxicant concentration levels for
used oil being recycled.) The Agency
also notes that this authority does not
depend on whether used oil or used oil
fuels are identified or listed as
hazardous wastes. The authority
granted in Section 3014 is over used oil
being recycled.
Authority to regulate burning of
hazardous waste fuels is provided
explicitly by the Hazardous and Solid
Waste Amendments of 1984. See RCRA
amended Section 3004{q).
VI. Discussion of Major Regulatory
Options.
The Agency considered several
nonregulatory approaches to address
the hazards that can be posed by
burning waste fuels in boilers and .
industrial furnaces and determined that
they would be ineffective and
impractical. Therefore, we are proposing
regulatory controls that include
substantive controls on burning,
administrative controls for all marketers
and burners, and storage controls for .
hazardous waste fuels. The controls on
burning would, for the time being, focus
on nonindustrial boilers—boilers that
are used in residental, commercial, and
institutional settings. The problems with
nonregulatory approaches and the basis
for proposing to control burning at this
time only in nonindustrial boilers are
discussed below.
A. Nonregulatory Alternatives are
Ineffective and Impractical
The Agency has evaluated
nonregulatory alternatives for managing
recycled used oil (Sobotka & Company,
Inc., An Assessment of Nonregulatory
Approaches for Encouraging the
Recycling and Proper Use of Waste
Lube Oil, December 1981). We
considered whether economic incentives
would be preferable to regulatory
controls in channeling used oil to
desirable users such as refiners or
"acceptable" burners. Given the large
number of generators, collectors,
processors, blenders, distributors, and
burners, incentives could be preferable
to regulatory controls. Regulatory
controls aimed at all handlers could be
very expensive to implement and could
leave generators and collectors with
little incentive to recycle (or properly
dispose of) their used oil.
The Sobotaka Study concluded that
the most promising incentive approach
of several studied would be a tax-rebate
system. Producers of virgin lube oils
would pay a tax for every gallon of lube
oil they produce, and preferred used oil
users (e.g., rerefiners, "acceptable"
burners) would receive a rebate on their
taxes for every gallon of used oil they
use. The total revenues received by the
U.S.- Treasury from the tax ideally would
match tax rebates.
The agency believes that this
approach would be ineffective in
protecting human health and the
environment and impractical to
implement. The system would be
ineffective in that it would create an
incentive for any used oil, no matter
how contaminated, to be channeled to
preferred users without any pretense of
assurance or any mechanism, to
determine that the incentive is adequate
in fact to ensure that no used oil goes to
unacceptable users. Used oil marketers
may find it profitable to discount their
used oil fuel by an amount equivalent to
the rebate and continue to sell it to
unacceptable users. Moreover, we do
not believe that there are "acceptable"
burners of used oil, without regard for
the level, of contamination of the oil.
Used oil may be intentionally
adulterated with hazardous waste or
may contain high concentration of
metals that were added to the oil during
use. Such used oil may not be
acceptable for burning in boilers without
adequate controls. However, any burner
who burns used oil fuel that meets the
specification contained in the proposed
rule would be considered "acceptable".
The tax/rebate system would be
impractical for a number of reasons: (1)
Many acceptable burners (of
specification used oil) do not pay taxes;
(2) Congress must set and periodically
adjust the tax on virgin lube oil; (3) IRS
must implement and enforce the rebate •
system; and (4) the administative costs
to the federal government for a tax/
rebate system to "control" burning in
boilers and industrial furnaces may be
far greater than the costs of a regulatory
system.
B. Basis for Regulating Boilers by Boiler
Use
The proposed regulation singles out
nonindustrial boilers because EPA
believes that burning hazardous waste
and highly contaminated used oils in
these boilers can frequently pose a
severe and immediate hazard. Although
burning of these materials in industrial
boilers and furnaces (and utility boilers)
can also pose substantial hazards: EPA
believes that there are situations where
many hazardous wastes and used oils
can be burned without significant risk.
We are not ready to propose controls for
industrial boilers and furnaces,
however, because we have not
completed ongoing investigations to
determine under that conditions such
burning may be appropriate.
1. Need for Immediate Controls for
Nonindustrial Boilers. The burning of
hazardous wastes and contaminated
used oils in nonindustrial boilers can
pose substantial and unnecessary risks
to human health and the environment
for a number of reasons. First,
nonindustrial establishments typically
have very small boilers that are used for
space heating or cooling. The small size
of these boilers may increase the
probability of incomplete combustion of
toxic materials. Approximately 98% of
commercial and institution boilers and
virtually all residential boilers have a
heat input capacity of less than 10
million BTU/hr—about the size of a
boiler servicing a large hospital or large
apartment or office building with a total
floor area of approximately 190,000 ft.2 9
EPA believes that these very small
boilers may not achieve the combustion
and destruction efficiencies that large
boiler can provide. Combustion controls
on small boilers are much less
sophisticated than those for large
boilers. Larger boilers can be operated
at peak combustion efficiency by
maintaining optimum fuel and air flow
rates under a wide range of boiler loads,
and are usually equipped with devices
to measure and control fuel firing rate,
combustion temperature, and oxygen
content in the flue gas. (Larger boilers
also typically have trained operators in
attendance.) The limited combustion
controls on very small boilers make it
very difficult to maintain maximum
combustion efficiency as variations in
fuel viscosity, heat value, and other
properties typical of waste fuels affect
fuel feed rate, flame temperature, and
combustion air requirements.
In addition, very small boilers have a
shorter residence time—the time that
combustion gases are exposed to high
temperatures in the combustion zone of
the boiler. Thus, toxic organic
'Based on data in PEDCo Environmental. Inc.. A
Risk Assessment of Waste Oil Burning in Boilers
and Space Heaters. August 1984. p. 3-3.
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1688
- ^industrial
metal constituents in waste fuels s
K°Undred because of theVypfcal
iiffi" f non.ind"strial boileYs The
number of nonindustrial boilers located
to a given area can be expected to
in™ 3e f, P°Pula«on density and
1 3- tM
above^,n-ot all large boilers wiU be
operated and maintained to achieve the
h onnust
(both large and small) are
significant and immediate hazard
waste firing method
the Phase II controls for
burning hazardous waste in boilers
"8t. ft™aces scheduled to be
'n 1985.
tion. The proosef
i ange from controls
virtually identical to those required for
haf«dous waste incinerator^ "to consols
tha allow waiver of a trial burn for
cerrSr.aZ2rd°US wastes wh«n
c"tai° boile'1 design and operating
conditions are met. In the interim an
S °K °Perator of a nonindustria"
boiler who wants to burn hazardous
r±'may f10? t0 consider h«
an incinerator for regulat
and comply with the • ha
mcmerator standards of
ubstantive Controls
r;;V' °,vervi^w°fthe Proposed
controls on Burning
on
°.P °_sed relation would
?8 °f ha^dous waste
that does not meet certain
ons (hereafter referred to as
offspecification used oil") in
SSrf""1 b?ilers™*™ *e boiler is
permitted as a hazardous waste
incinerator. The specification being
levels for u7Sed Oil fael sets all°
levels for lead, arsenic, chromium.
cadmium,
«nce. Control Act (TOCA)
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Federal Register / Vol. 50, No. 8 / Friday. January 11. 1985 / Proposed Rules
1889^
waste.lo To provide an objective test for
determining whether mixing has
occurred, a rebuttable presumption of
mixing with chlorinated hazardous
waste is proposed where used oil
containing more than 4.000 ppm total
chlorine is found. We are also proposing
administrative controls to provide a
tracking system to enforce the
prohibitions and hazardous waste fuel
storage controls. Those proposed
controls are discussed in Sections VIII
and IX, respectively, of this preamble.
The rules proposed today do not
provide technical controls on burning
waste fuels for energy recovery in
industrial boilers and industrial
furnaces. As stated above, the Agency
intends to propose such controls for
these units in late 1985.
Finally, we are specifically requesting
comments on several issues including
the following: (1) A lead specification
for used oil fuel; (2) extending the
universe of boilers prohibited from
burning hazardous waste and off-
specification used oil fuels to include
industrial boilers with a heat input
capacity of less than 5-10 million BTU/
hn end (3) conditionally exempting
ignitable-only hazardous waste fuels
with a flash point of 100°F or more from
the prohibition on burning in
nonindustrial boilers.
B. A Summary of the Prohibitions
This rule proposes to prohibit a
person from burning hazardous waste
amd off-specification used oil in a
nonindustrial boiler.ll With certain
exceptions, it would also require
marketers such as processors, blenders,
and distributors to market such fuels
only to persons who have notified the
Agency of their waste-as-fuel activities
and obtained an EPA identification
number (e.g., to other processors,
blenders, distributors, or to burners).
These proposed rules would require
fuel marketers to manage as a
hazardous waste any fuel that is or
contains a hazardous waste, with
19 Used oil mixed with hazardous waste generated
by a small quantity generator and exempt from
regulation as hazardous waste under 40 CFR 281.5
would be regulated as used oil fuel when so
recycled.
11 The Agency considered developing a
specification that would apply to all or certain
nonindustrial boilers to identify hazardous waste
that could be burned in these units without
significant risk. We rejected this option because any
such specification would be quite unwieldy,
potentially addressing many of the constituents in
40 CFR Part 261. Appendix VIII. Not only are many
of these compounds insufficiently characterized to
develop toxic specification levels, but the burden of
analyzing for these constituents would be expensive
and time consuming. Given these difficulties, we
have rejected the idea of a hazardous waste fuel
specification.
limited exceptions-Hiscussed below. Not
only are fuel marketers naturally
situated to exert control, but they are far
less numerous than subsequent burners,
and are dealing with materials not yet
so widely commingled as to be difficult
to identify and track.
It should be noted that these
prohibitions (and the related
administrative standards) ordinarily
have no applicability to generators
because generators usually do not
produce waste fuels; rather, they
generate a waste which is sent to
another person (i.e.. a processor or
blender) who determines to market the
waste as a fuel. The initial generator
thus would be subject to regulation
under 40 CFR Part 262 like other
generators. Generators would be
affected by the new requirements in
these regulations only when they deal
directly with the persons who burn their
hazardous waste or used oil, or when
they burn these materials themselves. In
these cases, they not only are
generators, but also are fuel marketers
or burners. (See H.R. Rep. 98-198 at 40,
supporting this view).
C. Materials-and Combustion Units to
Which the Regulation Applies
The regulations proposed today would
apply to "hazardous waste fuel" and
"used oil fuel". These terms are
explained in the following sections.
1. Definition of Hazardous Waste
Fuel, These rules would apply to
hazardous waste, and fuels- produced by
processing, blending, or other treatment
of hazardous waste, that are burned for
energy recovery in a boiler or industrial
furnace that does not have a permit
under the RCRA incinerator regulations.
In this rule, such waste is termed
"hazardous waste fuel".
On April 4,1983, EPA proposed that
all spent materials and sludges and
listed by-products, burned for energy
recovery were solid wastes, and if
hazardous, hazardous wastes. (Proposed
§ 261.2(a)(2)(ii), 48 FR at 14508.) Based
on public comment and further analysis,
the Agency is considering asserting
RCRA jurisdiction over all hazardous
waste by-products, spent materials, and
sludges that are burned for energy
recovery. Accordingly, today's proposal
should be read to include all such
materials as hazardous waste fuels
when so recycled.
The April 4 proposal also stated that a
fuel that is produced from hazardous
waste is itself a hazardous waste. (Id.)
Such fuel is likewise included as
hazardous waste fuel under today's
proposal.
The Agency is aware that certain
petroleum refineries reintroduce
hazardous wastes generated during
petroleum refining (such as EPA
Hazardous Waste K048-K052) back into
the refining process in order to recover
the oil contained in the wastes. Fuels
from the process are hazardous waste
fuels for purposes of this regulation
because they contain hazardous wastes
as ingredients. We have had several
discussions with American Petroleum
Institute (API) representatives regarding
recycling practices within the industry
and the effect of recycling on levels of
toxic constituents in commercial fuel
oils. We understand that API is
gathering data for our consideration that
they believe will show that
contaminants in the recycled waste do
not add significant concentrations of
contaminants to the fuel product. This is
because the contaminants are either
substantially removed by the refining
process, or (when wastes are
reintroduced at a point in the process
where contaminants are not removed)
do not significantly increase the level of
contaminants in the fuels (i.e., the
contaminants in the recycled waste are
so diluted by the relatively large
volumes of fuel oils produced that the
concentrations of contaminants already
present in the oil (originally present in
the crude oil or added by other refinery
operations) do not increase
significantly). If the Agency obtains data
during the comment period for this
proposed rule that substantiates this
premise, we intend to exempt in the
final promulgation of this rule petroleum
fuel products produced at refineries
under the conditions discussed below.
The Agency will notice in the Federal
Register the availability of such data for
public review and comment.
If granted, the exemption would be
conditioned narrowly. It would apply
only to petroleum fuel products
containing hazardous waste that is
generated by the refining process itself.
It would not apply to fuels containing
other wastes generated at a refinery
such as spent solvents or discarded
pesticides. These refining process
wastes also would have to be
reintroduced into the refining process
and converted into petroleum fuel
products along with normal process
streams. Finally, the exemption would
apply only to the hazardous waste fuel.
It would not apply to the wastes before
they are reintroduced into the refining
process. Thus, generators would have to
store these wastes in compliance with
either 40 CFR 262.34 or the facility
standards in 40 CFR Parts 265 and 265.
Hazardous wastes sent off site for
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1690
Federal Register / Vol. 50. No. 8 / Friday. J
anuary 11. 1985 / Proposed Rules
remlroduction to another refining
process would still need to be
manifested and carried by a Part 263
transporter.
A similar situation exists in the iron
and steel industry, where some nlants
take decanter tank tar sludge (EPA
Hazardous Waste K067) and mix it with
coal before charging to a coke oven,
which produces coke. The coke, in turn.
is used as a fuel in steel blast furnaces.
The coke, so produced, is a hazardous
waste fuel under this proposal. EPA will
consider exempting it under the same
circumstances as the hazardous waste
fuels from petroleum refining.
2. Determining When a Waste is
Burned for Energy Recovery and
Applicability of the Proposed Rules to
Burning for Materials Recovery.
Today's regulations apply to hazardous
waste burned for "energy recovery."
This limitation raises two issues: how to
distinguish burning for energy recovery
from burning for destruction, and
determining how to regulate if burning is
conducted to recover materials.
The Agency has already addressed in
part what is meant by burning for
legitimate energy recovery. In a
statement of Enforcement Policy issued
January 18.1983 (printed at 48 FR11157
(March 16.1983)), EPA stated that as a
general matter, subject to individualized
consideration of particular
circumstances, burning of low energy
hazardous waste as alleged fuel is not
considered to be burning for legitimate -
energy recovery. This is the case even if
the low energy hazardous waste is
blended with high energy materials and
then burned. Thus, under these
principles, boilers and industrial
furnaces burning low energy wastes
could be considered to be incinerating
them, and so be subject to regulation as
hazardous waste incinerators. (See 48
FR at 11158 and 11159.)
Today's proposal leaves the principles
of the statement in force. In the
statement. EPA. however, indicated that
sham burning was easiest to determine
when burning occurs in nonindustrial
boiler. We also said that larger
industrial boilers are more efficient at
recovering energy and so could be
deemed, somewhat more often, to be
burning lower energy wastes
legitimately. (Id. at 11159.) Today's
proposal would prohibit burning of
hazardous wastes in nonindustrial
boilers and thus supercedes the
enforcement policy in that instance. If
we were to apply the Enforcement
Policy Statement to industrial boilers
and furnaces, we would seek to enforce
f in situations where low energy
" hazardous waste adulteration was
deliberate and massive. (We note.
however, that the Policy Statement does
not address burning for material
recovery, or situations where a waste is
burned for both material and energy
recovery. In this situation, the fact that
low energy wastes are involved would
not necessarily indicate that legitimate
recycling is not occurring, because
material recovery also is involved.)
There also are other indicators of
whether or not burning is for legitimate
energy recovery. Obvious sham
situations are when no usable heat is
recovered from the combustion unit, or
when the heat recovered is used only to
preheat combustion air. Since no
meaningful energy recovery ever occurs,
we would maintain that these situations
involve waste destruction.12
A second question is the scope of
these regulations when burning involves
material recovery. We address this
question separately with respect to
burning in boilers and burning in
industrial furnaces. The Agency views
today's regulations as applying
whenever hazardous wastes are burned
in boilers (unless the boilers are
regulated as incinerators, in accordance
with the discussion above). Boilers, by
definition, recover energy. If materials
are also recovered, this recovery is
ancillary to the purpose of the unit, and
so does not alter the regulatory status of
the activity. (See proposed § 260.10—
definition of "boiler" in 48 FR at 14507
(April 4.1983).) Today's regulations also
would apply when an industrial furnace
burns hazardous wastes for energy
recovery. The newly enacted Hazardous
and Solid Waste Amendments of 1984 in
fact require the Agency to regulate
industrial furnaces burning hazardous
waste fuels. See RCRA amended section
3004(q) and H.R. Rep. 98-198 at 40.
Although the actual burning in the
furnace is not addressed by today's
regulations, hazardous waste fuel sent
to an industrial furnace would be
subject to notification, manifest, and
interim status storage requirements.
The regulations also would apply
when an industrial furnace burns the
same material for both energy and
"The Phase II controls for boilers and industrial
furnaces scheduled to be proposed in late 1985
would regulate burning in these units irrespective of
whether the waste is burnRij for energy recovery or
destruction. However, our current thinking is to
propose to regulate industrial furnaces and those
boilers that burn low energy wastes (as well as
other boilers that do not meet certain design and
operating conditions) much like incinerators. For
example, owners and operators could be required to
demonstrate 99.99% destruction and removal
efficiency of toxic organics. Thus, the enforcement
policy (i.e.. burning low energy waste is subject to
the hazardous waste incinerator standards) is still
consistent in outcome with current thinking on the
technical controls for burning in boilers and
industrial furnaces.
material recovery. Examples are when
blast furnaces burn organic wastes to
recover both energy and carbon values.
or when a cement kiln burns chlorinated
wastes as a source of energy and
chlorine. In general, EPA believes that
RCRA expresses a strong mandate to
take an expansive view of what
constitutes hazardous waste
management activities, and to regulate
as necessary to protect human health
and the environment.13 See RCRA
sections 1004(2), 1004(22), 1004(23), and
' 1004(24) (statutory definitions stating
that secondary materials burned for
energy recovery are solid wastes, and
therefore, if hazardous, hazardous
wastes); H.R. Rep. "No. 94-1491, 94th
Cong. 2d Sess. at 4 (Congress's concern
in promulgating subtitle C of RCRA was
to "eliminat(e) that last remaining
loophole in environmental law", not to
create new loopholes). The newly
enacted RCRA reauthorize tion
legislation likewise directs the Agency
to regulate burning of hazardous waste
fuels within a mandated time frame—by
November 1986. We believe this
mandate applies to industrial furnaces
burning to recover energy and materials.
Burning solely for material recovery in
industrial furnaces (as defined in 48 FR
at 14507), however, raises different
kinds of issues, principally the question
of whether the purpose of burning
affects either the Agency's jurisdiction
or the Agency's regulatory strategy. The
Agency will address this issue further as
part of the Definition of Solid Waste
rulemaking and the Phase II boiler and
industrial furnace rulemaking. We note,
however, that if the secondary material
being burned is a hazardous waste, the
purpose for which it is burned is not a
factor in determining whether and how
to regulate its burning.-The issue is
whether the burning needs to be
regulated to protect human health and
the environment, not whether the
purpose of burning is destruction, energy
recovery, or material recovery. We thus
intend to develop regulations for
industrial furnaces burning hazardous
wastes—regardless of purpose—as part
of the Phase II regulations for boilers
and industrial furnaces discussed above.
3. Identification of Used Oil Fuel
Subject to Regulation. Used oil would be
subject to regulation under the proposed
rules if the used oil, including any
material produced from it by processing,
blending or other treatment, is used as
13 EPA realizes that some of this discussion is
inconsistent with a footnote in the preamble to the
redefinition of solid waste. See 48 FR at 14485 n 19
(April 4,1983). EPA withdraws the earlier footnote.
to the extent it is inconsistent.
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Federal Register / Vol. 50, No. 8 / Friday. January 11. 198S / Proposed RuJes
3SP2
fuel for energy recovery in a boiler or
industrial furnace that does not have a
permit under RCRA incinerator
regulations.
"Used oil" means any oil that has
been refined from crude oil, used, and as
a result of such use. contaminated by
physical or chemical inpurities. (See
RCRA section 1004(36).) Used oils
include the following: (1) Spent
automotive lubricating oils (including
car and truck engine oil), transmission
fluid, brake fluid and off-road engine oil:
(2) spent industrial oils, including
compressor, turbine, and bearing oils,
hydraulic oils, metal-working oils, gear
oils, electrical oils, refrigeration oils, and
railroad draining and (3) spent industrial
process oils.
These proposed rules would apply
only to used oil and not necessarily to
"oily waste." An oily waste, such as
bottom clean-out waste from
commercial fuel oil storage tanks, is not
used oil because the oil was never
"used" and, thus, would not be subject
to these proposed rules (provided it is
not mixed with used oil and that it is not
a hazardous waste).
Today's proposal marks the first time
the Agency has used the regulatory
authorities created by the Used Oil
Recycling Act of 1980 (UORA). (UORA
is codified substantially as sections 1004
(36}-(39) and 3014 of RCRA.) UORA .
requires the Agency to establish
"performance standards and other
requirements as may be necessary to
protect the public health and the
environment from hazards associated
with recycled oil." (See RCRA section
3014.) Burning used oil for energy
recovery—the subject of this proposal—
is an example or recycling. (See RCRA,
section 1004 (37).)
The regulation of used oil fuels raises
the legal question of how the provisions
of UORA are to be integrated with other
RCRA provisions. EPA believes that
UORA authorities may be used
independent of or as a supplement to
Subtitle C of RCRA. If recycled used oil
(called "recycled oil" under RCRA
section 1004 (37)] is not also a hazardous
waste, it is subject to regulation under
the provisions of Section 3014 rather
than sections 3001-3006, 3008, and 3010.
This has certain significant implications.
For example, permits are not necessarily
required to manage recycled oil. the
criminal enforcement provisions of
section 3008 (d) do not apply, and the
regulatory program may not be
delegable to states under section 3006.
(See Section XI of this preamble for a
discussion of the impact of this rule on
authorization of state programs.)
If recycled oil is also a hazardous
waste, many of the Subtitle C
<'-
regulations for other hazardous wastes
(40 CFR parts 262-266 may apply.
Section 3014. as amended the Hazardous
and Solid Waste Amendments of 1984,
provides detailed guidance on regulating
recycled oil that is a hazardous waste.
4. Distinguishing Between Hazardous
Waste and Used Oil. It is important to
determine whether a waste fuel is a
hazardous waste fuel or a used oil fuel
because they would be regulated
differently under today's rule. For
example, hazardous waste fuel could
not be-burned in nonindustrial boilers
under the proposed rules even if it were
processed or blended to meet the
specifications for used oil fuel." Off-
specification used oil could be •
processed or blended to meet the
specification and then burned in
nonindustrial boilers.
There are situations where it is
difficult to tell if a waste is used oil or
hazardous waste, particularly when a
used oil contains toxic constituents. The
Agency believes that it has discretion to
determine whether a waste is to be
classified as hazardous waste or as used
oil.15 See Rep. No. 98-284, 98th Cong. 1st
Sess. at 38. In exercising this discretion,
we are guided by three principles:
(1) Where possible, clear, objective
tests are needed for classifying
hazardous waste and used oil;
(2) The Agency should not adopl a
scheme whereby most used oil would be
classified as a hazardous waste
ineligible for regulation under the
section 3014 standards; ls and
"Although the used oil fuel specification
(particularly flash point) in conjunction with the
rebuttable presumption on mixing with chlorinated
hazardous wastes address contaminants that we
believe are frequently added to used oil by mixing
with hazardous waste, the specification by no
means comprehensively addresses the hazardous
constituents that could be added if fixing were
condoned. A specification that identified hazardous
waste suitable for burning in nonindustrial boilers
would need to consider the risks posed by burning
the hundreds of toxic constituents listed in
Appendix VIII of 40 CFR Part 281, an extremely
difficult task given. For example, it would be
difficult to set de minimis concentration levels for
many constituents given limited dose-response
health effects data at extremely low levels of
exposure. Even if such a comprehensive
specification could be developed, analytical costs to
demonstrate compliance would likely discourage its
use.
15 Were used oil to be listed as a hazardous
waste, we would have discretion to determine
whether a waste is hazardous used oil or some
other hazardous waste ineligible for the possibly
special standards for recycled oil developed after
consideration of section 3014 of RCRA.
16 We think this principle evident because
otherwise the Used Oil Recycling Act would have
little meaning.
(3) Any objective test should ensure
that massive adulteration of used oil
with hazardous waste results in the
mixture being defined as a hazardous
waste not eligible for the special
standards for recycled oil."
We discuss below how we apply
these principles to used oil containing
chlorinated wastes, to used oil
generated by small quantity generators.
and to used oil that exhibits a
characteristic of hazardous waste.
Used Oil Containing Chlorinated
Wastes. Today's rule reiterates the
principle found in § 261.3(a)(2) of the
existing regulations that a hazardous
waste mixed with a solid waste is a
hazardous waste. Thus, under the
proposed rule, mixtures of hazardous
waste and used oil ordinarily are
classifed as hazardous waste. It is not
always possible, however, to prove (or
to be sure) that mixing has occurred.
particularly when no one has observed
the act of mixing. Used oil containing
small amounts of chlorinated
compounds is an example where there
may be uncertainty.
Since chlorinated compounds—many
of them hazardous wastes—are
frequently found in used oil (see Table 1
above), the Agency believes that a
simple, objective test is needed to
determine when used oil has been
mixed with hazardous spent
halogenated solvents (or other
chlorinated hazardous waste) to avoid
case-by-case confusion as to when
mixing has occurred, and to aid in
consistent enforcement of the regulation.
The Agency is proposing a rebuttable
presumtion that used oil containing
more than 4,000 ppm total chlorine has
been mixed with hazardous spent
halogenated solvents(i.e., EPA
Hazardous Waste No's. F001 and F002)
or other hazardous chlorinated wastes
and, therefore, is a hazardous waste
under provision of the "mixture rule" of
40 CFR 261.3 (i.e.. a mixture of a listed
hazardous waste and other material is a
hazardous waste unless delisted under
provisions of 40 CFR 260.20). The
presumption can be rebutted by
demonstrating to enforcement officials
that the chlorine content is inorganic or
"The legislative history to the Used Oil
Recycling Act indicates that Congress was
especially concerned with environmental hazards
created when toxic wastes are added to used oil.
and was concerned that these mixtures were not
identified or listed as RCRA hazardous wastes.
(See. e.g.. H.R. Rep. No. 96-1415.96th Cong. 2d Sess..
at 4-5.) The principle in the text also effectuates the
objectives of RCRA to promote (he protection of
human health and the environment by regulating
hazardous waste management. (See. e.g.. RCRA
Section 1003(4).)
-------
that the chlorinated organics were not
constituents of hazardous wastes.
We are proposing a total chlorine
level of 4,000 ppm for the presumption
because we are virtually certain that
used oil with higher levels of chlorine
has been massively adulterated with
chlorinated solvents or other chlorinated
hazardous waste. Such fuel would be
ineligible for regulation under the
potentially special standards under
section 3014 (unless the presumption
were rebutted) scheduled to be
proposed in 1985 (i.e., the used oil
listing/management proposed rule).
Although used automotive oils can
contain on the order of 3,000 ppm
inorganic chlorine (from leaded gasoline
blowby], higher chlorine levels would
almost certainly indicate mixing with
chlorinated solvents."Used industrial
oils, other than certain metalworking
oils,"are not know to contain chlorinate
compounds unless chlorinated wastes
are addes. In addition, sampling data
from hundreds of samples of all types of
used oil indicated that both total
hazardous spent solvent concentrations
and total chlorine concentrations exceed
4,000 ppm 25% of the time.50 Based on
these data, the Agency believes that the
level of 4.000 ppm is within the range or
reasonable levels it could have selected
to Indicate hazardous waste
adulteration. In addition, burning used
oil with less than 4.000 ppm of
chlorinated solvents will not pose a
significant risk from emissions of either
Incompletely burned solvents (i.e..
boilers will destroy from 99% to 99.99%
of the solvent) or hydrochloric acid.21
"Based on 29 samples of used oil taken from
automotive service and repair shops (and. thus.
known not lo be adulterated with hazardous waste
by collectors or processors/blenders). See Franklin
Associates. Ltd.. Competition of Used Oil.
Appendix A. Also see MBS Technical Note 1130—
Test Procedures for Recycled Oil Used as Burner
Fuel. August 1880. p. 51.
"Some metalworking oils contain extreme
pressure additives that are parafinlc compounds
with high chlorine levels. Thus, used metalworkina
oils may contain chlorine levels higher than 4.000
ppm even through they are not mixed with
hazardous halogenated solvents. However, these
oils comprise less than 3% of recycled used oil and.
are typically disposed of because of their high
water, sulfur, and chlorine content (See Richard J.
Blgda & Assoc. Review of all Lubricants Used in
the US. and Their Re-Refining Potential. June 1980,
pp. 83-70 and Franklin Associates. Ltd..
Composition of Used Oil. p. 3-11 through 3-15.)
Nevertheless, if a used oil processor were to
manage such oil. he could rebut the presumption
that i! was a hazardous waste by showing that the
chlorine was not attributable to hazardous solvents
or other hazardous wastes.
"Frankllng Associates. Ltd.. Composition of Used
OH. p. 1-12.
" PEOCo. Risk Assessement of Waste Oil
Burning, pp. 5-1 through 5-8.
The Agency solicists comments as to
whether alternate chlorine levels are a
more appropriate indicator of hazardous
waste adulteration.22
Used Oil Generated by Small
Quantity Generators. A large
percentage, probably a majority, of used
oil is generated by small quantity
generators.23 Some of this used oil is a
hazardous waste under present
regulations, either because it is mixed
with hazardous waste or because it
exhibits a characteric of hazardous
• waste. The Agency believes that
Congress ordinarily intended used oil
from small quantity generators to be
classified as used oil subject to
regulation under section 3014. not as
hazardous waste ineligible for
regulations under that section. See, e.g.,
H.R. Rep. No. 96-1415 at 6 assuming that
automotive oil is used oil. Section 241 of
the Hazardous and Soild Waste
Amendments of 1984 likewise requires
the Agency to deal with small quantity
generators as a class in promulgating
regulations for recycled used oil, and
further states that recyled oil is not
subject to otherwise applicable rules for
small quantity generators. See RCRA
amended section 3014(c); see also H.R.
Rep. 98-198, supra, at 85-86 mandating
speical administrative rules for small
quantity generators of used oil.
Relying on both the Used Oil
Recycling Act and the new legislation,
we are stating in the rule in"proposed
§ 266.40(c) that used oil generated by a
small quantity generator is subject to
regulation as used oil fuel (when so
recycled). This is true even if the used
oil exhibits a characteristic fo hazardous
waste, or is mixed with a small quantity
generator's hazardous waste.24
"Used oil containing less than 4.000 ppm total
chlorine could still be found to contain hazardous
waste. The Agency, however, is not presuming that
it is a hazardous waste in every case.
" Roughly 80« of used oil burned as fuel (the
principle means of recycling used oil) is automotive
oil. most of which is generated by automotive
service and repair shops who are small quantity
generators. (See Franklin Associates Ltd..
Composition of Used OH. p. 1-4.)
"The Agency notes that there are alternative
approaches to classification of used oil from small
quantity generators. One alternative—baaed-on the
legislative history of the 1980 Act cited above—
would be to classify all automotive oil as used oil.
even if it is adulterated with hazardous waste.
Other uaed oil generated by small quantity
generators would be classified ao hazardous waste
ineligible for regulation under Section 3014
standards. A second approach would be to classify
small quantity generators used oil as a hazardous
waste if it is massively adulterated with small
quantity generator hazardous waste. This would be
based on the principle, noted above, that massive,
deliberate adulteration should result in used oil/
hazardous waste mixtures being classified as
hazardous waste ineligible for regualtion under
Section 3014 special standards. The Agency solicits
comments on these alternative approaches.
We do not think that this reading is
inconsistent with the principle that used
oil not be massively adulterated with
hazardous waste because, as a factual
matter, used oil from small quantity
generators is generally not massively
adulterated. Metals in the waste are
present from use of the oil, not from
adulteration. Analyses also indicate that
small quantity generators—particularly
automotive service gnd repair shops—
are unlikely to generate used oil that
contains more than on the order of 1000
ppm of halogenated solvents.25
As stated in the previous section, used
oils containing greater than 4000 ppm
chlorine are presumed under the
regulation to be hazardous waste
subject to full regulation. A marketer,
blender or user might argue that the
material is exempt from the hazardous
waste regulations and remains a used
oil because it was generated by a small
quantity generator. They would have the
burden of proof on this issue. See, e.g..
SEC v. Ralston Purina Co.. 346 U.S. 119,
126 (1953) (party claiming the benefits of
an exception to a broadly remedial
statutory or regulatory scheme has the
burden of proof to show that they meet
the terms of the exception). As part of
this burden, they would have to show
that the used oil has never been
commingled with hazardous waste
(including used oil containing greater
than 4000 ppm chlorine) from large
quantity generators. Since used oil from
small quantity generators is not
typically adulterated at these levels, we
do not think this burden can be satisfied
other than in exceptional cases.26
Used Oil That Exhibits a
Characteristic of Hazardous Waste.
Used oil itself might be hazardous waste
if it exhibits a characteristic of
hazardous waste. The most likely
" Analysis of 28 samples of used oil generated by
automotive service and repair shops reveals that
none contained more than a total of 1000 ppm of
chlorinated solvents such as trichloroethane.
trichloroethytene, tetrachloroethylene. carbon
tetrachloride. and methylene chloride and 50%
contained less than a total of 5 ppm chlorinated
solvents (40% did not contain any of the chlorinated
solvents analyzed). See Franklin Associates. Ltd..
Composition of Used Oil. pp. 3-33.
" The Agency solicits comments on the extent to
which small quantity generators may. in fact.
generate used oil containing more than 4000 ppm
total chlorine because of mixing with chlorinated
hazardous waste. Further, given that such mixtures
would be re,;u^ated as used oil fuel rather than
hazardous waste fuel (unless mixed with large
quantity generator hazardous waste), the Agency
solicits comments on whether an allowable level for
chlorine (e.g.. 4000 ppm) as an indicator of mixing
with chlorinated wastes should be included in the
used oil fuel specification to ensure that such
adulterated oil—like such mixtures generated by
large quantity generators—is not burned in
nonindustrial boilers.
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Federal Register / .Vol. 50. No. 8 / Friday. January 11. 1985 j Proposed Rules
1693
possibility is EPA toxicity for lead.
arsenic, cadmium, or chromium. These
metals are present in used oil almost
invariably as a result of the oil's use.
EPA intends that used oil that is
hazardous waste solely because it
exhibits a characteristic of hazardous
waste be regulated as used oil fuel
(where so recycled), provided that it is
not mixed with a hazardous waste.27
The legislative history of the Used Oil
Recycling Act indicates clearly that
used oil that is contaminated during use
is to be classified as used oil and. if
recycled, be subject to regulation under
section 3014. See H.R. Rep. 96-1415 at 6.
The specification for used oil fuel
suitable for burning in nonindustrial
boilers addresses these coataminants by
setting specific levels for them.
Used oil also may exhibit the
characteristic of ignitability, either
through contamination during use or
through adulteration with ignitable
wastes (such as ignitable spent solvents
or discarded gasoline). We are
proposing that ignitable used oil be
regulated as used oil, and be prohibited
from burning in nonindustrial boilers
when its flashpoint is less than that of
commercial fuel. We are considering
whether a flashpoint this low serves as
a presumptive indication of mixing with
hazardous waste, and therefore, that
such mixtures should be regulated as
hazardous wastes ineligible for
•regulation under section 3014 standards.
Used oil exhibiting a hazardbus waste
characteristic is a hazardous waste
under existing EPA regulations. We note
that the proposed regulations for
burning used oil fuels would provide a
level of environmental protection
analogous to that provided by the
proposed regulations for burning
hazardous waste fuels. Neither
hazardous waste fuel nor off-
specification used oil fuel could be
burned in nonindustrial boilers.
Although used oil fuel meeting the
specification could be burned in
nonindustrial boilers, the specification
ensures that such burning would not
pose significantly greater risk than
burning virgin fuel oil. Use of a
specification to identify used oil fuel
that may be safely burned in
nonindustrial boilers is possible because
of the relatively small number of
significant toxic contaminants typically
found in used oil (i.e., used oil not mixed
with hazardous waste). A specification
is not practicable for hazardous waste
fuel because a large number of toxic
" Except that mixtures of small quantity
generators exempt hazardous waste and used oil
are subject to regulation as used oil, as discussed
above.
contaminants—virtually any of the
hundreds of hazardous constituents
liste'd in Appendif VIII of 40 CFR Part
261—may be found in concentrations
that could pose significant hazard.
5. Definition of Nonindustrial Boiler
or Furnace. The regulation proposed
today would prohibit burning hazardous
waste fuel and off-specification used oil
fuel in nonindustrial boilers. The term
"nonindustrial" boiler or furnace is used
to refer to units such as those located at:
(1) Single or multifamily'residences; (2).
commercial establishments such as
hotels, office buildings, laundries, or
service stations; and (3) institutional
establishments such as colleges,
hospitals, and prisons.
For convenience, the proposed
regulation identifies the boilers and
industrial furnaces that may burn
hazardous waste fuel and off-
specification used oil fuel and prohibits
the burning of these fuels in other
boilers or furnaces. These waste fuels
may be burned for energy recovery in
only the following stationary
combustion devices: (1) industrial
furnaces; (2) industrial boilers; or (3)
utility boilers. (Off-specification used oil
fuel may also be burned by the
generator in a used oil-fired space
heater.) The term "industrial furnace" is
defined in the proposed amendment to
40 CFR 260.10 (see 48 FR14507 (April 4,
1983)) and means those devices that are
integral components of manufacturing
processes and that use flame •
combustion or elevated temperature to
accomplish recovery of energy or
materials. The Administrator would
identify and list devices considered to
be industrial furnaces. Devices to be
listed include cement kilns, lime kilns,
aggregate kilns, phosphate kilns, coke
ovens, blast furnaces, and smelting
furnaces.
The term "industrial boiler" means
any boiler that produces electric power,
steam, or heated or cooled air or other
gases or fluids for use in a
manufacturing process. The term
"boiler" is defined in the proposed
amendment to § 260.10 (see 48 FR 14507
(April 4,1983)). (In response to .
comments, the Agency is considering
modifying the proposal to' use quantified
levels of heat transfer to implement the
integral design standard, rather than the
radiant heat transfer test of the
proposed rule. The Agency also is
considering including process heaters
and fluidized bed combustion units as
boilers. Today's proposal should be read
to include these changes.) The term
"manufacturing process" means the
mechanical or chemical transformation
of substances into new products,
including the component parts of
products. Manufacturing processes are •
generally limited to those operations
classified under SIC 20 through 39 of the
Office of Management and Budget
Standard Industrial Classification
Manual. To qualify, a boiler must
actually be used to provide energy to
operate equipment or drive chemical or
other reactions to affect the
transformation of substances into
products. Boilers that produce energy for
use solely for space heating or cooling in
a manufacturing plant, or for space
heating or cooling or other purposes in
an administrative office or auxiliary unit
at a manufacturing establishment or
other facility owned or occupied by a
manufacturing business, are not used in
a manufacturing process for purposes of
this regulation.
• Such boilers are virtually identical in
operation and use as those located at
commercial and institutional
establishments. Thus, boilers used
solely to heat or cool a building in which
a manufacturing business conducts
supporting services (including research,
development, testing laboratories,
warehouses, and garages), rather than
actual manufacturing, are nonindustrial
boilers for purposes of this regulation,
and could not burn hazardous waste
fuel or off-specification used oil fuel.
Boilers used to provide energy for a
manufacturing process as well as for
space heating or other
nonmanufacturing purposes are
considered to be industrial boilers.
D.jielection of Parameters and Levels
for the Specification
The Agency has developed a
specification for use oil fuel that may be
burned without regulation in
nonindustrial boilers and other boiler or
furnace. As an alternative to the
specification, EPA considered banning
all used oil burning in non-industrial
boilers, just as the Agency is proposing
to ban burning of hazardous waste. It
could be argued that a ban may be more
protective because: (1) A specification
necessarily limited in scope to be
practicable may not ensure that, in fact,
hazardous waste is not mixed with used
oil sold to nonindustrial boilers: 2S and
** We believe, however, the specification and
returnable presumption will detect and control
hazardous wastes mixed with used oil at levels that
could pose significant risk when the oil is burned.
Metals would be controlled directly by specification
levels. Adulteration with nonhalogenated. ignitable
solvents would be controlled by the flash point
specification. Adulteration with halogenated
solvents would be controlled by the rebuttabte
presumption. The Agency also has examined
whether other hazardous wastes are typically
Continued
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
(2) a ban would not allow an increase in
emissions of metals and organic
compounds over those from burning
virgin fuel oils (as discussed below, the
specification could allow higher lead
levels than found in virgin fuel oils,
levels of arsenic, cadmium and
chromium levels comparable to the 95th
percentile levels found in virgin fuel oils.
and low concentrations of chlorinated '
spent solvents and PCBs, neither of
which are found in virgin fuel oils). The
ban approach was rejected because we
believe that the used oil fuel
specification in conjunction with the
rebuttable presumption of mixing with
chlorinated wastes would adequately
prevent the burning of used oils that the
Agency believes pose significant risk
when burned for energy recovery, as
discussed below. Given that some used
oils can either meet the specification as
generated or can be economically
blended to meet the specification,29 the
Agency believes that a ban on burning
these oils would be an unnecessary
impediment to recycling of used oil in a
manner that poses no greater risk to
human health and the environment than
burning virgin fuel oils. The Agency
specifically solicits comments on
whether all used oil burning in
nonindustrial boilers should be banned
as an alternative to using a specification
(in conjunction with the rebuttable
presumption of mixing with chlorinated
hazardous waste) to identify used oil
fuel acceptable for burning in
nonindustrial boilers.
The used oil fuel specification
includes limits for certain metals, PCBs,
and flash point and the rebuttable
presumption on mixing chlorinated
wastes limits total chlorine. EPA relied
mainly on three studies in selecting the
specification parameters and levels: (1)
Reviews of available data on the
composition of used oils being used as
fuel [Franklin Associates, Ltd.,
Composition and Management of Used
Oil Generated in the United States,
added to uied oil. and hai not found luch evidence.
Preliminary screening of approximately SO used oil
simple! for a wide range of hazardous constituent*
(other than solvents and metals already known to
be found in used oil), including a pesticides. 2
herbicides and approximately 80 other organic
compound), did not reveal appreciable levels of
compounds other than those typically found in
virgin fuels. See Franklin Associates. Ltd..
Composition of Used Oil., pp. 3-44 through 3-53.
" Preliminary analysis Indicates that from S to
19ft of 132 used oil samples that were burned for
fuel could meet a lead specification at either end of
the proposed range. 10 and 100 ppm. respectively. In
addition, from 30 to 86R of the samples could meet a
specification of 10 or 100 ppm. respectively, after
blending with 90S virgin fuel oil with mean metals
content. Source: Franklin Associates. Ltd..
(unpublished data). April 27.1934 memorandum to
EPA.
September 1984]; (2) a review of used oil
combustion testing data [Draft report by
GCA Corp., Environmental
Characterization of Disposal of Waste
Oil by Combustion in Small Commercial
Boilers. August 1983]; and (3) an air
modeling and risk assessment study of
used oil burning sources to evaluate the
potential environmental impacts of
certain used oil burning practices [Draft
report by PEDCo Environmental, Inc., A
Risk Assessment of Used Oil Burning in
Boilers and Space Heaters, September
1983].
Used oil fuel meeting the proposed
specification would be unregulated and
could be burned in any boiler including
residential, institutional, and
commercial boilers. EPA, therefore, is
proposing a specification that is
intended to be protective under virtually
all circumstances (provided that used oil
is not illegally adulterated with
hazardous waste that would not be
detected and controlled by the
specification or the chlorine limit of the
rebuttable presumption). What follows
is an explanation of how EPA selected
parameters for inclusion in the
specification, and then how actual levels
for those parameters were determined.
1. Selection of Parameters. EPA has
reviewed analytical data from over 1000
used oil samples, many of which were
being used as, or to produce, used oil
fuels. These data, along with other
published sources on composition of •
new and used lubricants, have allowed
EPA to characterize the physical and
chemical properties of used oils. Used
oils contain a variety of contaminants
picked up through use, as well as certain
constituents present in the petroleum
basestocks and additive packages of the
lubricants themselves. Analytical data
also confirmed that other materials, in
particular chlorinated degreasing
solvents, are frequently added to used
oil after it is generated. EPA considered
the typical concentrations of these
contaminants in used oil as well as the
toxicity and other chemical properties of
the constituents, and thereby identified
several constituents that are typically
present in used oil as being potentially
hazardous pollutants when used oil is
burned as a fuel.
EPA reviewed available used oil
combustion testing data to determine
the amounts of these constituents that
are released during used oil combustion.
In come areas, EPA found available data
to be insufficient and sponsored a series
of test burns in late 1982 and early 1983
to obtain additional data. EPA
determined that when used oil is burned
in boilers, 30-75% of the metals present
in the used oil fuel are emitted to the
air.30 However. EPA also determined
that organic contaminants, such as
chlorinated degreasing solvents
(including even hard-to-burn compounds
such as carbon tetrachloride) are
destroyed at 99-99.9% efficiency even •
when the units are not operated at peak
combustion efficiency as evidenced by
occasional flue gas smoke episodes.
Thus, less than 1% of the organic
compounds present in the used oil may
be emitted to the atmosphere.31
EPA also conducted air modeling and
risk assessment studies to estimate
ambient concentrations of pollutants
that may be associated with used oil
burning. EPA made certain assumptions
in the modeling intended to reasonably
simulate certain used oil burning
practices. The risk studies that have
been conducted modeled emissions from
used oil fuel usage in hypothetical
situations to determine two types of
impacts: (1) Area-wide impacts where
many small, uncontrolled sources with
short stacks are located in an urban
area; and (2) "hot-spot" impacts in the
vicinity of single sources and clusters of
sources. The area-wide analysis
assumed the sources were located
throughout the urban area, with their
locations and density approximating
population and fuel use patterns. This
scenario simulates a fairly common used
oil burning practice, as documented by
investigations conducted by EPA. New
York City, and New Jersey. The
modeling study provided a general
indication of the ambient ground level
impacts that could potentially be
associated with the widespread use of*
used oil fuel in residential, institutional,
and commercial boilers in an urban
area. The "hot-spot" impacts analysis
modeled emissions from boilers burning
100% used oil. Boiler sizes and stack
heights were varied to represent the
range of boilers located in urban areas.
Emissions from clusters of 4 and 16
sources evenly spaced 50 or 100 meters
apart in a square were also modeled to
simulated conditions in highly urbanized
and commercialized areas. Ground level
impacts of burning used oil with various
concentrations of pollutants were
determined. (For lead, ambient levels
were also modeled for elevated and
close-in receptors.)
Finally, EPA considered available
data on the composition of virgin,
commercial fuel oil, which used oil fuel
replaces. EPA made comparisons of the
30 GCA Corp. Environmental Characterization of
Waste Oil Combustion, p. 9. and PEDCo. Risk
Assessment of Waste Oil Burning, p. 3-20.
*' GCA Corp, Environmental Characterization of
Waste Oil Combustion, pp. 14-20.
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Federal Register / Vol. 50. No. 8 / Friday.-January 11. 1985 / Proposed Rules
1695
types and levels of contaminants found
in used oil fuel versus other fuel oils. For
some contaminants, EPA has found used
oil fuel to be very similar to other fuel
oils. In general, however, significant
differences exist. EPA determined that
used oil fuel typically contains certain
contaminants, such as cholorinated
degreasing solvents, not found at all in
commercial fuel oils. Also, used oil fuel
typically contains certain toxic metals,
(such as lead) at levels higher than
typically found in commercial fuel oils.
After considering information
provided by all of the studies described
above, EPA has determined that certain
contaminants present in used oil fuel are
released during combustion in amounts
high enough to present potential health
hazards, while other contaminants do
not appear to present such hazards. In
general, EPA considered establishing a
specification for any toxic contaminant
that is typically present in used oil fuel
at concentrations higher than typical for
virgin fuel oils. EPA determined that
regulation of toxicants at the same or
lower levels than found in virgin oil
would not result in protection of human
health and the environment since virgin
oil would be substituted for used oil as a
fuel.
EPA then evaluated the potential
harm to human health that could result
from burning used oil containing these
contaminants. In making this
determination, the Agency assessed
whether burning used oil fuel under
reasonably typical conditions could
significantly increase the ambient
concentration of the pollutant, and
whether the increment that would be
added to the ambient air by burning
used oil fuel could be associated with
adverse health impacts. What follows is
a discussion of several parameters
considered for inclusion in the proposed
specification, and the rationale for
including or not including each
parameter. EPA requests comments on
the rationale for selecting parameters, as
well as on those actually selected.
(a) Barium and Zinc. EPA considered
setting specification levels for barium
and zinc. These metals are typically
present in used oil at 50-300 and 500-
1100 ppm, respectively. These levels are
10-100 times greater than would be
found in virgin fuel oils. In workplace
settings, exposure to high amibient
levels of barium has been associated
with irritability and baritosis, while zinc
has caused metal fume fever. EPA has
determined that in the case of zinc,
emissions from the widespread burning
of used oil in urban areas would
significantly add to ambient levels of
zinc; however, these ambient levels are
still nowhere near the threshold
response level that triggers metal fume
fever.32 In the case of barium EPA has
determined that emissions from the
widespread burning'of used oil fuel in
urban areas could also significantly
increase ambient levels of barium.
Ambient levels attributable to burning
used oil under reasonable worse case
conditions could be on the order of 0.35
micrograms per cubic meter."However,
EPA again has concluded that the health
effects resulting from exposure to such
concentrations and by the airborne
route are not likely to be significant.
Chronic exposure to low levels of
airborne barrium compounds does not
appear to be a serious health hazard.
Dusts of barium oxide are considered
potential agents of dermal and nasal
irritation."However, occupational
exposure to barium sulfate dust and
barium carbonate can result in baritosis,
a benign pneumoconiosis that is not
incapacitating. Although it does produce
radiologic changes in the lungs, the
changes are reversible with cessation of
exposure."Thus, EPA has proposed no
specification for either barium or zinc.
However, the Agency specifically
solicits comments on the health risks
from low ambient levels of zinc and
barium and whether either should be
included in the specification.
(b) Polynuclear Aromatic
Hydrocarbons. EPA evaluated the
hazards posed by benzo(a)pyrene and
other polynuclear aromatic
hydorcarbons (PAH's). Benzo(a)pyrene,
as well as other PAH's, have been
identified as carcinogens by EPA.
Comparable levels of benzo(a)pyrene
and other PAH's are normally present in
used oil and virgin fuel oil. (Residual, or
"number 6" oil often has higher levels of
benzo(a)pyrene than does used oil.) EPA
also reviewed data on emissions from
used oil and virgin fuel oil burning. The
levels of PAH's are comparable.38 EPA
has determined that the burning of any
fuel oil is associated with the emissions
of small amounts of PHA's. Thus, the
burning of used oil fuel is not associated
with significantly greater incremental
amounts of PAH emissions than if virgin
fuel oil were bruned. and should not
lead to a significiant increase over
background levels of benzo(a)pyrene or
any other PAH. EPA. therefore, has not
proposed a specification for any
polynuclear aromatic hydrocarbon.
(c) Lead. Arsenic. Cadmium, and
Chromium. Existing data show that used
oil fuel typically contains higher
concentrations of lead, arsenic.
cadmium, and chromium than levels
typically found in virgin fuel oils. Table
2 compares levels of these metals in
used oil versus other virgin fuel oils.
EPA's test burns have confirmed that a
large percentage of the metals present in
used oil (as much as 75%) are emitted
when used oil is burned in uncontrolled
boilers.
TABLE 2.—CONCENTRATIONS OF SELECTED
METALS IN USED OIL AND FUEL OILS
[Values in ppm)
31 PEDCo Environmental. Inc.. A Risk Assessment
of Waste Oil Burning, pp. 43-10. 4-24. 4-33.4-51.
33 PEDCo Environmental. Inc.. A Risk Assessment
of Waste OH Burning, p. 5-2.
34 American Conference of Governmental
Industrial Hygienists. Documentation of the
Threshold Limit Values. 1982.
M Casarett and Doull's Toxicology. The Basic
Science of Poisons. 1980. p. 438.
» PEDCo Environmental. Inc.. Risk Assessment of
Waste Oil Burning, pp. D-5 through D-1S.
Contaminant
Used oil
Fuel oils
Lead
1 5-18 I
I 3-10
j , 7-35 '
240-1.200 ',
2-5
ND-2
1-10
2-10
Median and 90th Parcentile values are shown for used oil.
Median and 95th Percentile values are shown tor fuel oil.
Source: Franklin Assooaties. Lid.. Composition and Man-
agement of Used Oil Generated in the United States, Sep-
tember 1984. p. 5-11.
EPA conducted a modeling study of a
hypothetical urban area where used oil
fuel was being burned across the city in
residential, institutional, and
commercial boilers.37 The results of this
study show that lead emissions from
burning used oil fuel result in ambient
concentrations of lead that are of
potential public health concern. For
example, EPA assumed that used oil
being burned contained 1000 ppm of
lead. Ambient concentrations of lead
associated with the used oil burning
were estimated to be over 0.7
micrograms per cubic meter (ug/m3) in
certain sections of the urban study area.
Thus, this source would contribute
nearly 50% of the National Ambient Air
Quality Standard for lead (1.5 ug/m3)
established by EPA under the Clean Air
Act. In combination with the
background levels present in most urban
areas (which are typically 0.5—1 ug/m3
but exceed 1 ug/ma for several urban
areas),38 used oil emissions could cause
the ambient standard to be exceeded.
(However, it is not clear to what extent
current background levels already
include lead attributable to used oil
burning.) Moreover, ambient lead levels
in the vicinity of large single sources
and clusters of small sources (i.e.,
sources spaced close enough (50 m) so
37 PEDCo Environmental. Inc.. Risk Assessment
of Waste Oil Burning.
" Office of Air Quality Planning and Standards.
US EPA. 1982 (Unpublished data).
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
that their emission plumes overlap) can
exceed the NAAQS considering only
used oil burning emissions.39
The Agency believes that a
specification for lead in used oil burned
in nonindustrial boilers is needed
notwithstanding the State
Implementation Plan (SIP) program for
implementing the lead National Ambient
Air Quality Standard (NAAQS). This is
because the great majority of these
boilers are not major sources of lead
emission (i.e., individually] and so are
not ordinarily subject to review under
the SIP process to ensure attainment
and maintenance of the lead standard in
the vicinity of the boiler. Further, urban
air monitoring required under the SIPs
may not control these units because the
"hot spots" that they can create (i.e..
areas in the vicinity of single sources or
clusters of sources where ambient levels
exceed the NAAQS] may not be
detected under the SIP monitoring
program.40
EPA also studied three other toxic
metals. In the first instance, EPA
assumed used oil contaminated with 28
ppm of chromium (the 90th percentile
concentration of data available at the
time of the study] was being burned
across the city and that the chromium
was emitted in its hexavalent state.41
Under this scenario, used oil burning
would be associated with an increased
risk of cancer. The portion of the
population within 5 km of the center of
the urgan area would be exposed to
nearly 0.01 ug.m3 of chromium, which is
associated with a cancer risk of roughly
1 in 10.000.
EPA's modeling study also shows that
under certain conditions, used oil
burning could be associated with
significantly increased cancer risk due
to the presence of candium and arsenic.
The incremental cancer risk associated
with increased levels of these metals
when burning used oil containing 4 ppm
cadmium and 18 ppm arsenic (the 90th
percentile concentrations of data
available at the time of the study] could
be about 1 in 500,000 for cadmium and 1
in 50.000 for arsenic.48
»• pEDCo Environment!!, Inc. Risk Assessment
of Waste Oil Burning.
« The SIP urban air monitoring program focuiei
on lead emissions from automobiles. Thus,
monitoring stations are generally located close to
major traffic corridors. These stations may not'
detect emissions from burning used oil.
41 The Agency believes it Is reasonable to assume
under conservative conditions that chromium will
be emitted in Its hexavalent state since burning is
in oxidizing environment. However, we specifically
solldt comments on this assumption and the risk
posed by burning chromium-bearing fuels.
41 PEDCo Environmental, Inc. Risk Assessment
of Wane Oil Burning, p. 5-7.
The scenarios employed by EPA in its
modeling study were based on
conservative, but reasonable
assumptions. Although modeling and
risk assessment do not provide precise
results, such studies do provide a
general indication of the extent of
hazard a practice may pose. In this case,
EPA has determined that the
widespread, uncontolled burning of used
oil in residential, institutional, and
commercial boilers can be associated
with an increase in ambient levels of
arsenic, cadmium, chromium, and lead.
For the first three metals, these
increased ambient levels may lead to an
increased risk of cancer for exposed
individuals to levels that are cause for
concern. Given the large number of
exposed persons located in urban areas,
the Agency believes that emissions of
these metals should be controlled. In the
case of lead, ambient lead levels could
exceed the National Ambient Air
Quality Standard in the vicinity of large
single sources and clusters of smaller
sources. Therefore, specifications have
been proposed for each of these metals.
The setting of acceptable concentrations
for these metals is discussed below.
(d) Chlorinated Solvents. Analyses of
over 600 samples of used oil from
various sources revealed that more than
60% were contaminated with chlorinated
solvents listed as EPA Hazardous Waste
No's. F001 and F002 (e.g.,
' trichloroethane, trichloroethylerie, and
tetrachloroethylene).43 Such used oil/
solvent mixtures are hazardous waste
under provisions of the "mixture rule" of
40 CFR 281.3. Thus, such mixtures would
be regulated as hazardous waste fuel
when burned for energy recovery, unless
the spent solvent was generated by a
small quantity generator and exempt
from regulation as hazardous waste
under provisions of 40 CFR 261.5.44
As discussed previously in Section
VII-C-4 of this preamble, the Agency is
proposing a rebuttable presumption of
•mixing with hazardous wastes to avoid
case-by-case confusion of when mixing
has occurred. Under the presumption,
used oil with more than 4,000 ppm total
chlorine is presumed to be mixed with
hazardous wastes. The person '
accumulating the used oil couid rebut
the presumption by demonstrating to
enforcement officials what the oil has
not been mixed with hazaardous waste.
• Chlorinated solvent levels in used oil
fuel suitable for burning in nonindustrial
boilers need not be restricted to levels
below 4,000 ppm (e.g., by chlorine
specification). As stated previously, air
emissions modeling has shown that used
oil containing 4,000 ppm of hazardous
chlorinated solvent will not pose a
significant risk when burned in
nonindustrial boilers either from
emissions of unburned solvent or
hydrochloric acid.
(e) Benzine, Napthalene and Toluene.
Used oil may contain higher levels of
benzene, napthalene and toluene than
virgin fuel oils. Benzene and napthalene
are picked up from gasoline or diesel
fuel through use and are typically found
in used oil in concentrations of 100-200
ppm and 300-100 ppm, respectively.
Toluene is a widely used
nonhalogenated solvent and can also be
picked up from gasoline through use.
Toluene concentrations in used oil may
range from 1000-5000 ppm. EPA
assumed in its modeling study that only
97 percent of these compounds were
destroyed during combustion. (This is a
worst case assumption, since EPA has
established that organic contaminants
are typically destroyed at 99-99.9
percent efficiency, even in very small
boilers.) EPA has concluded that
emissions from burning used oil
containing benzene, napthalene, and
toluene at the levels typically found
would not significantly increase ambient
levels of these compounds, and that the
small increments that would be added
do not present serious health hazards.45
Therefore, specification levels have not
been proposed for these compounds.
(f) Ignitability. Although
specifications for benzene, napthalene.
and toluene have not been proposed to
address the toxicity of these compounds,
these compounds have a low flash point
(less than 50° F] and are highly ignitable.
Gasoline, which often contaminates
used motor oils during or after their use,
and the nonhalogenated solvent xylene,
which is also frequently mixed with
used oil, also have a very low flash
point. Used oil fuel contaminated by
these materials may have a flash point
less than 100° F. This is a lower flash
point than any commercial fuel oil
would have.48 A material with such a
low flash point may present significant
hazards during handling and storage.
'Most importantly, such materials may
readily volatilize and ignite, or even
explode, unless special precautions are
taken beyond the precautions normally
« Franklin Associates, Ltd., Oil Composition of
Used Oil. p. 1-12.
44 Used oil mixed with exempted small generator
hazardous waste is subject to regulation as used oil
fuel. See Section VII-C-4 of this preamble for
rationale.
« PEDCo Environmental, Inc., Risk Assessment
of Waste Oil Burning, pp. 5-2.5-6, 5-7.
44 The American Society for Testing and
Materials' Standard Specification for Fuel Oils (O
396-79) calls for a minimum flash point of 100* F.
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
1697
taken when handling any fuel oil.
Consequently, EPA has proposed a
minimum flash point, discussed below
as a part of its specification for used oil
fuel.47
(g) Sulfur. Used oil fuel may contain
as much as 1% sulfur, through 0.1-0.5% is
more typical. No specification has been
proposed for sulfur because residual fuel
oils (e.g., fuel oil number 6 and heavy
number 4) frequently contain 1-3%
sulfur. Several states and many urban
areas, however, already have
established sulfur limits for fuel oils;
used fuel usually meets these limits and
in fact is sometimes blended with
residual fuel oil to allow the residual
fuel to meet local sulfur limits.
(h) PCBs. EPA has included a
specification for PCBs of 50 ppm. Used
oil fuel with PCBs exceeding these level
is subject to the existing waste PCB
rules in 40 CFR Part 761 promulgated
under authority of the Toxic Substances
Control Act (TSCA). EPA is not
proposing this limit for used oil, but is
including the PCB limit in this rule for
the reader's convenience.48 Thus, used
oil fuel that is off-specification solely
because it contains more than 50 ppm
PCBs remains subject to the existing
rules in Part 761, and is not subject to
today's proposal. Although the Part 761
rules do not provide the administrative
controls included in today's proposal.
Part 761 includes stringent requirements
on burning waste PCBs.49
The Agency has indicated its intent to
integrate the TSCA waste PCB rules
under Part 761 with the RCRA Subtitle C
rules to avoid overlap of regulatory
control (e.g., for used oil fuel that is both
a waste PCB and off-specification for
other reasons). (See 45 FR at 33086 and
33173 (May 19,1980).)
2. Determination of Specification
Levels, As indicated above, EPA is
proposing specification levels for the
41 As noted above, we solicit comment! on
whether used oil with a flash point lower than 100*
F should be subject to regulation as hazardous
waste fuel rather than off-specification used oil fuel.
The reasons could be that the oil was mixed with
hazardous ignitable wastes (e.g.. ignitable solvents).
and that the flash point is an indication of massive
adulteration that did not occur during use of the oil.
" PCB concentrations in used oil typically range
from 7 to SO ppm. Emissions modeling has shown
that ambient PCB levels resulting from burning used
oil with these PCB levels in nonindustrial boilers is
not likely to pose a serious health hazard. Lifetime
cancer risk would increase less than 1 X10—• (i.e.,
1 in l.ooaopo). See PEDCo Environmental Inc., Risk
• Assessment of Waste Oil Burning, pp. 5-6 and 5-7.
48 Under provisions of 40 CFR Part 761. waste
PCBs may be burned in a fossil fuel fired boiler
provided that the unit has a capacity of at least SO
million Btu/hr and is monitored to ensure it is
operating at peak combustion efficiency. In
addition, prior approval is required from the
Administrator to burn certain waste PCBs in a
boiler.
following parameters in used oil fuels:
Arsenic, cadmium, chromium, lead, and
flashpoint. This section explains how
levels were selecteli fbr each parameter
in the proposed specification.50
Under today's proposal, a used oil fuel
would have to meet all of the
specifications in order to be burned in a
nonindustrial boiler. EPA has
determined, as discussed earlier in this
preamble, that these boilers are
generally not suited for burning
contaminated waste fuels. In general,
EPA agrees with the House Committee
on Energy and Commerce, which
reported the finding that operators of
facilities with nonindustrial boilers
expect to receive and are equipped to
handle only commercial grade fuel oil
(See H.R. Rep. No. 98-198 at 39, 42.)
However, EPA does not believe it is
necessary for used oil fuel to be
physically and chemically identical to
virgin fuel oils in every respect.
As discussed previously, EPA has
determined that certain used oil
contaminants can pose a serious risk
when the oil is burned in nonindustrial
boilers in urban areas. EPA has
determined that the concentrations of
some of these contaminants should be
limited to levels found in commercial
fuel oils. However, the health risk from
other contaminants would not be serious
if used oil concentrations are limited to
levels higher than found in commercial
fuel oil. The basis for these
determinations are discussed below.
(a) Arsenic. Cadmium, and Chromium.
As described earlier, emissions from the
widespread burning of used oil fuel in
an urban area, (such as when
residential, insitutional, and commercial
boilers burn used oil fuel) can be
associated with increases in ambient
levels of arsenic, cadmium, and
chromium. These metals are
carcinogens, with no known threshold or
"safe" level of exposure. Any increased
or incremental emissions of these metals
would lead to an increased risk of
cancer to exposed individuals. As
described above, EPA has concluded
that the increased risks associated with
emissions of these metals are cause for
concern and can lead to an increased
risk of cancer in large numbers of
exposed individuals. Therefore, the
Agency has proposed stringent
limitations on these metals, intended to
correspond to concentrations typically
found in commercial fuel oils. (See
Table 3.) The Agency's theory is that
there is no protection to human health
and the environment if recycled
products are replaced by virgin products
that are identical in terms of toxicant
concentration, arid therefore that
specification levels should ordinarily be
no more stringent than levels found in
the commercial products that would be
used in place of the recycled product.
See 46 FR at 44971 (August 8, 1981)
(exemption of spent pickle liquor used
as a wastewater conditioner).
TABLE 3.—PROPOSED USED OIL FUEL SPECIFI-
CATIONS FOR METALS THAT ARE NON-
THRESHOLD POLLUTANTS
Contaminant
_ .
Maximum
allowable
' level ipom)
5.0
2.0
i 10
The proposed levels for arsenic,
cadmium, and chromium represent the
95th percentile concentrations based on
40-50 analyses of commercial fuel oils.51
Thus, 95 percent of the commercial fuel
oil sampled meets the specification. We
are proposing to base the specification
on the 95th percentile virgin fuel oil
levels to ensure that most virgin oils
would meet the specification but that
abnormally high virgin oil levels (i.e.,
"outliers") would not unduly bias the
specification. EPA specifically requests
comments on whether the 95th
percentile concentrations are
.appropriate for setting specification
levels.
Another benefit from setting stringent
limits is to prevent contamination of
boiler ash with toxic metals. Although
this ash may exhibit EP toxicity and, if
so, should ordinarily be managed as
hazardous waste, operators of
nonindustrial boilers such as those in
apartment and office buildings and
hospitals may not be aware of their
obligations and may not manage the
residues as hazardous wastes."The fuel
specification for these metals should
help assure that the ash is in fact
nonhazardous.
(b) Lead. Lead is a pollutant
associated with nervous system damage
and renal damage. The Agency
established the NAAQS for lead of 1.5
jig/m3 to prevent exposure of most
members of the sensitive population
(young children) to ambient lead levels
that can cause interference with
development of red blood cells."
50 The basis for including PCBs and for the PCB
limit is discussed above.
sl Franklin Associates. Ltd.. Composition of Used
Oil. p. 3-11.
SZGCA Corp.. Environmental Characterization of
Waste Oil Combustion, p. 14.
HThe NAAQS is intended to prevent young
children from exceeding a blood lead level of 30
Continued
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163S
Federal Register / Vol. 50, No. 8 / Friday. January 11. 1985 / Proposed Rules
EPA has estimated ambient levels
under various scenarios of boiler size
and location, receptor location, and used
oil concentration to determine a
concentration that would provide
reasonable assurance that ambient lead
levels would not exceed the NAAQS
under realistic, worst-case conditions."
Lead emissions were modeled from
single boilers with capacities varying
from less than 1 million Btu/hr to 250
million Btu/hr. In addition, to simulate
some of the realistic, worst-case
conditions typical of highly urbanized
and commercialized areas where most
nonindustrial boilers are located,
emissions from clusters of four and
sixteen units equally spaced at 50 or 100
meters in a square were modeled for
units with capacities up to 50 million
Btu/hr. In some scenarios, receptors
(i.e., exposed individuals) were assumed
to be exposed to ambient air that is
above ground level as occurs with
windows or air intake systems in multi-
story structures (i.e., "elevated
receptors") and to be close to the source
(25 to 50 meters) (i.e., "close receptors").
The boilers were assumed to be burning
100% used oil with lead concentrations
ranging from 10 to 1000 ppm and to be
operating at 50% capacity to simulate
worst-case conditions during the winter
heating season. Wind conditions
modeled were historical conditions for
January at a point in a major urban area.
Modeling results indicate that burning
used oil with a lead concentration of
1000 ppm (the 90th percentile
concentration of data available at the
time of the study) in nonindustrial
boilers in urban areas can cause "hot
spots" (areas where ambient levels
exceed the NAAQS) under a number of
typical scenarios: (1) Single large boilers
(250 million Btu/hr) with short stacks:
(2) small clusters of medium size boilers
(50 million Btu/hr) in situations where
persons are exposed to ambient air
above ground level through windows or
air intake systems of multistory
buildings (i.e., elevated receptors); (3)
single small boilers (10 million Btu/hr),
again considering elevated receptors;
and (4) large clusters of very small
boilers (1 million Btu/hr), again
considering elevated receptors. At a
lead concentration of 250 ppm (roughly
the 50th percentile value), several
scenarios that are not typical but
probably not infrequent can still create
"hot spots": (1) Small clusters of medium
size boilers considering both elevated
and close receptors (i.e., persons are
exposed to ambient air above ground
level and at a distance of 25 to 50 meters
from the stack); (2) small clusters of
small boilers considering both elevated
and close receptors: and (3) large
clusters of small boilers considering
only elevated receptors. A lead
concentration of 100 ppm would prevent
"hot spots" in all but a few conceivable
but exceptional scenarios where small
or medium boilers are clustered together
and where receptors are down wind,
elevated (at the height of the stack) and
extremely close to the source (within 25
meters). A lead concentration of 10 ppm
(the 95th percentile virgin fuel oil lead
concentration) results in ambient levels
well below the NAAQS in virtually all
situations.
EPA believes that a lead specification
of 100 ppm ensure that ambient lead
levels in the vicinity of both large and
small single and clustered sources
would be well below the NAAQS, on
• the order of 50% of the standard. Only in
unique and truly extreme scenarios
would ambient levels be expected to
exceed the standard.55
Although background ambient lead
levels in urban areas are considered to
range from 0.5 to 1.0 ftg/m3 and are
above 1 ng/ma for several urban areas,
only those used oil burning scenarios
that are likely to cause ambient levels to
approach or exceed the standard were
considered for a number of reasons: (1)
It is not clear to what extent the ambient
air monitoring stations typically located
next to traffic corridors are measuring
lead levels from used oil burning as well
as from automobiles; (2) urban air lead
levels are thought to be decreasing as
more automobiles burn unleaded fuel;
and (3) many of the high lead levels
resulting from modeling used oil burning
were found at elevated locations where
background levels from automotive
exhausts should be minimal.
Although limiting lead levels to 100
ppm should ensure that nonindustrial
boilers would not cause ambienf lead
levels to exceed the NAAQS. the
Mg/d1. Blood leveli above 30 ng/dl are associated
with Impairment of heme synthesis in cells
indicated by elevated erythrocyte protoporphyrin.
In addition, there are other advene effects
atiodated with blood levels above 30 pg/dl which
can result from exposure to concentrations well
above the NAAQS. including encephalopathy and
renal damage. (See 43 FR 46246-261 (October 5.
1978)).
" PEDCo Environmental. Inc.. Risk Assessment of
Watte Oil Burning.
" For example, the standard could be exceeded
in a situation where several SO million Btu/hr.
medium sized boilers serving very large high-rise
structures with about 800,000 ft* of floor space are
spaced about 100 meters apart, where all of the
boilers bum used oil with 100 ppm lead
concentration, and where an individual is exposed
to air through a window or air intake system that is
located close to the stack (about 50 meters), and at
a height equal to the boiler stack height, and
directly down wind from at least two of the stacks.
Agency is, nonetheless, concerned that
such a 100 ppm lead specification for
used oil fuel would not be a protective
as is reasonable. The document the
Agency used to develop the NAAQS.
Air Quality Criteria for Lead, and the
NAAQS itself are currently under
review as required by Sections 108 and
109 of the Clean Air Act (42 U.S.C. 7408
and 7409). Any amendments to the
NAAQS are scheduled to be proposed in
1986.
-The existing NAAQS is based on
findings by EPA and the Centers for
Disease Control (CDC) that 30 jug/dl
blood lead levels should be prevented in
children. At this time, EPA and other
federal agencies, including CDC, are
reviewing new data that report IQ
effects in children exposed to lead levels
below 30 pig/dl. In addition, there are
other effects below 30 /ig/dl, including
changes in heme synthesis, changes in
brain wave patterns, reduced nerve
conductive velocity, and re'duced
Vitamin D levels in children. Should the
peer review process find that these data
are persuasive, the ambient standard
may be revised accordingly.
In addition, the Agency is requiring
the phase-down of lead in gasoline—the
primary source of ambient lead in urban
areas. Because sources of lead are
additive, and exposure to lead among .
the general population is widespread.
constituting a national health problem.
the Agency believes that it is reasonable
that efforts be made to reduce
preventable sources of lead exposure.58
In light of these concerns, the Agency
has considered proposing a used oil fuel
specification for lead at the-level found
in virgin fuel oil, 10 ppm (i.e., 95% or 50
samples of virgin fuel oil contained less
than 10 ppm lead). This would address
our health concerns and would ensure
that there would nofbe a significant
increase in lead emissions when used oil
fuels displace commercial fuel oil.
However, we are concerned that a lead
specification as low as 10 ppm would
effectively preclude most burning of
used oil as fuel because: (1) Only about
30% of used oil could meet the
specification, either as generated or
after blending with 90% virgin fuel oil
containing mean metal concentrations
(blending with more than 90% virgin fuel
oil is not considered to be generally
economical); (2) most used oil would,
thus, be precluded from burning in
" See 47 FR 38070-38078 (August 27.1982) where
the Agency discusses the bases for the gasoline lead
phasedown regulation and the lead NAAQS. the
relationship between gasoline lead phasedown and
ambient air levels, and studies of the effects of low
level lead exposure on intelligence or behavior of
children.
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
1699
nonindustrial boilers; and (3) industrial
boilers and furnaces may also be largely
precluded from burning used oil fuel
under the Phase II technical controls on
boilers and industrial furnaces. (Under
the Phase II rules for boilers and
industrial furnaces, the Agency is
considering applying the used oil fuel
metals specification proposed today—as
one regulatory option—to boilers and
industrial furnaces that do not have air
pollution control equipment because the
units can pose risks similar to
nonindustrial boilers. Boilers and
industrial furnaces with air pollution
control equipment may be allowed to
burn used oil fuel that contains higher
levels of metals provided that the
control equipment has a collection
efficiency such that controlled emissions
are not greater than if specification used
oil fuel were burned.) In comparision,
the amount of used oil that could meet a
specification with other allowable lead
levels is as follows:
Lead specification
10 I SO I 100
ppm I ppm I ppm
200
ppm
Percent of used oil tint can
meet specification ;
30 j SO | 86 I
87
At allowable lead levels greater than
100 ppm. the amount the used oil that
can meet the specification does not
increase substantially.
At a lead specification level of 10
ppm, 70% of used oil, about 350 million
gallons per year, could be diverted from
burning. Even if the amount of used oil
that is rerefined is doubled, only about
100 million gallons of used oil million
gallons per year of used oil burned as
fuel could be diverted to that use. Thus,
large quantities of used oil heretofore
recycled could be diverted to disposal.
Not only would this waste a valuable
resource, but it could result in health
risks if generators or collectors disposed
of their used oil improperly rather than
incur the cost of proper management
under existing and pending rules.57 See
H.R. Rep. No. 9S-198 at 65. Given the
huge number of generators and
collectors, enforcement efforts may be
limited and illicit activities may go
undetected until serious problems are
caused.
The Agency had decided to propose a
lead specification range of 10 to 100 ppm
" Used oil that exhibits a characteristic of
hazardous waste or that is mixed with hazardous
waste is subject to regulation as hazardous waste
when disposed under existing rules. In addition, the
Agency is developing controls for recycled used oil
under authority of the Used Oil Recycling Act
amendments to RCRA, and is considering whether
used oil should be listed as hazardous waste. These
rules are scheduled to be proposed in 1965.
to encourage public comment on the
issues presented here and to allow final
promulgation of a le.ad level that
represents: (1) A level of 100 ppm based
on ensuring that nonindustrial boilers do
not cause ambient lead levels to exceed
the NAAQS: (2) a level of 10 ppm based
on commercial fuel oil levels that would
limit lead emissions as much as
possible; or (3) an intermediate level
that balances the concerns of whether
the NAAQS-based level is as protective
of public health as is reasonable and
whether a level lower than 100 ppm
would severely disrupt used oil recyling
and result in dumping.
The Agency also specifically requests
comments on the following issues: (1)
Whether other factors or scenarios
should be considered that might suggest
that another limit would be required to
ensure ambient lead levels do not
exceed the NAAQS: (2) whether a two-
tiered specification would be more
appropriate where a very low limit (e.g.,
10 ppm) is required (or used oil burning
is banned) for boilers within highly
urbanized and commercialized areas
(which could, perhaps, be identified by
using the Bureau of Census list of cities
with more than 25,000 population) and a
higher limit (e.g. 100 ppm) is allowed for
other areas where sources and receptors
are more widely spaced and. thus,
where individuals are likely to be
exposed to lower ambient levels
attributable to the source.
• The Agency also considered whether
specifications for arsenic, cadmium, and
chromium would be needed if a lead
level at the low end of the range were
selected for promulgation. At a very low
lead limit, used oil would be much more
likely to fail the specification (even after
90% blending with virgin fuel oil)
because of lead rather than arsenic,
cadmium, and chromium as follows:
Lead specification
50 ppm
Per-
cent1
95
80
50
' Percent of used oil failing specification (attar 90% blend-
ing with vwgtn fuei oil) because of lead content
Source: Based on data in Franklin Assooates. Ltd.. Com-
position at Used OH, Appendix
The Agency believes that specifications
for arsenic, cadmium, and chromium are
needed even if a lead limit as low as 10
ppm were promulgated for a number of
reasons. Used oil lead levels are
expected to decrease over the next
several years as a result of the Agency's
leaded gasoline phasedown program.
(Lead in used oil is largely attributable
to contamination of crankcase oil with
lead from leaded gasoline "blow-by".)
Thus, although less and less used oil
would fail the specification for lead over
time, that oil could have high arsenic.
cadmium, or chromium levels. In
addition, as discussed above, the
Agency is considering in the Phase II
technical controls for boilers and
industrial furnaces applying the used oil
fuel specification proposed today to
used oil burned in those units as well.
However, under one regulatory option
being considered, burning of off-
specification used oil fuel would be
allowed in units with air pollution
control equipment that controls
emissions to levels that would occur if
specification used oil were burned.
Thus, controls are needed for all
constituents in used oil that can pose a
health hazard when the oil is burned—
arsenic, cadmium, and chromium as well
as lead. The Agency specifically
requests comments on whether arsenic,
cadmium, and chromium specifications
are needed if a low lead specification
level is selected for promulgation.
(d) Flash Point. EPA is proposing that
used oil fuel with a flash point over 100
°F be exempt from regulation, provided
that it meets the specification levels for
metals and PCBs. Such fuel could,
therefore, be burned in residential,
institutional, and commercial boilers.
' The basis for this is that fuels with flash
points as low as 100 °F—the ASTM
specification for Number 2 distillate
fuel—are routinely handled by fuel
transporters and users, including.
residential, institutional, and'
commercial boiler owners. EPA believes
that used oil fuel that otherwise meets
the proposed specificatio'n is essentially"
equivalent to commercial fuel oil with
respect to hazards posed during
handling (and risks posed by burning)
and that it will be handled with the
same care as commercial fuel oil.
Used oil with a flash point of less that
100 °F would be subject to regulation as
off-specivication used oil fuel. Fuels
with a flash point below 100 "F are not
routinely handled by fuel transporters or
users and are inherently very hazardous.
(According to ASTM specifications, no
commercial grade fuel oil should have a
flash point below 100 °F.) Thus, such
fuels would be regulated as off-
specification used oil fuel and would be
subject to the notification, invoice and
certification requirements and could be
burned only in industrial boilers and
furnaces.58 As discussed previously in
" At first glance, setting the specification at 100
*F may appear inconsistent with the current
definition for the characteristic of ignitabiiity found
in 40 CFR 261.21, which states that a liquid having a
flash point below 140 *F is an ignitable hazardous
waste. However, the Agency has determined that
Continued
466-216 0-85-3
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Federal Register / Vol. 50, No. 8 / Friday, January 11, 1985 / Proposed Rules
footnote 47. we are also soliciting
comments on whether used oil with a
flash point lower than 100 *F should be
regulated as hazardous waste. If the
final rule for used oil fuel is promulgated
with such low flash point oils regulated
as off-specification oil rather than
hazardous waste fuel, the Agency will
propose to control the handling hazards
such oil poses during storage and
transportation in the used oil listing/
management rules scheduled to be
proposed in late 1985.
E. Basis for Deferring Regulation of
Used Oil Space Heaters
The prohibition on burning off-
specification used oil fuel in
nonindustrial boilers does not apply at
this time to used oil-fired space heaters.
We are deferring regulation of these
units until we better understand the
hazards they may pose and evaluate
options to address any such hazards. In
the interim, EPA is proposing a
conditional exemption for these units.
The Agency believes that roughly
35,000 used oil space heaters have been
sold nationwide to automotive service
ahops and other generators of crankcase
oil." These units are designed to burn
100% crankcase oil and are very small.
They bum 0.1 to 4 gallons per hour of
used oil and the largest units have a
maximum heat input capacity of 0.5
million BTU per hour. Approximately
90% of used oil space heaters are the
vaporization type where volatile
organics in the oil are vaporized and
ignited, while metals, sediment and
heavy organic compounds remain in a
pan at the base of the unit. Vaporization
units appear to have low metals
emissions rates—5 to 15% of the metals
in the used oil are emitted from the
stack.** Other used oil space heaters are
regulation of used oil fuels having a flaih point
between 100-140 *F It not necessary (provided they
meet the specification) for the reaioni discussed in
the text. In addition, the "Ignilability" characteristic
for hazardous waste was intended mainly to
identify "waites capable of causing fires during
routine transportation, storage, and disposal and
wastes capable of severely exacerbating a fire once
started." (See 45 fft 33106 (May 19.1930).) The 140
"F limit was selected because such an ambient
temperature is regularly encountered during landfill
disposal, and in such environments, liquid wastes
with filth points lower than 140 'F will readily
volatilize and can easily be ignited by the numerous
ignition sources to which wastes are exposed during
management.
"Development Planning and Research
Associates. Inc. Selected Characteristics of the
Wane Oil Space Heater Industry. July 1983.
" GCA Corporation. The Fate of Hazardous and
Nonhatardous Wastes in Used Oil Recycling. April
1P*J. p. VI-18, Draft Report.
the atomization type where the oil is
"sprayed"into the combustion zone.
Atomization units appear to have
relatively high metals emission rates—
75 to 95%.
Preliminary assessments indicate that
vaporization units may not pose a
significant health hazard. However, it is
not clear whether atomization units pose
a significant health risk with respect to
metals emissions. In a situation where
four atomization units may be spaced in
a square 50 meters apart (as around an
intersection) and emission plumes
overlap, it appears that ambient lead
levels would increase by about 10
percent of the National Ambient Air
Quality Standard. In addition, emissions
of arsenic, cadmium, and chromium
from atomization units may pose a
cancer risk to the most exposed
individual on the order of 1 in 100,000."
The Agency is considering whether
these risk levels are significant and, if
so, what approaches could be used to
reduce the risk. If the atomization units
alone are considered to pose a
significant risk, the burning of off-
specification used oil in those uits could
be banned. Under this approach, EPA
must determine how to handle the
atomization units currently in operation
and how to clearly differentiate between
atomization and vaporization units.
Alternatively, EPA could prohibit
burning of off-specification used oil in
space heaters that cannot meet an
emissions performance standard [e.g.,
requirement that heaters emit less than
10% of the metals in the fuel). Finally,
the Agency could determine that the risk
posed by these units is not significant or
only marginally significant and thus not
worth the Agency and state resources
that would be required to implement
and enforce a regulatory system to
effectively reduce the risk.
.The Agency will address the
regulation of used oil space heaters
beyond the requirement for outside
venting proposed today in the used oil
listing/management rule scheduled to be
proposed in 1985. In the interim, the
Agency encourages comments on
whether the risks of burning used oil in
' space heaters are significant, and, if so,
on approaches to reduce risks.
To be excluded (at this time) from the
prohibition on burning off-specification
used oil, owners and operators of used
oil-fired space heaters would have to
" Metals emissions, ambient levels, and risks are
about an order of magnitude lower for vaporization
units. In addition, the cancer risk from emissions of
unbumed chlorinated solvents does not appear to
exceed 1 in 1,000.000 for either vaporization or
atomization units. See PEDCo. Environmental Inc..
Risk Assessment of Waste Oil Burning, pp. 4-22
through 4-24 and 5-5 through 5-8.
meet three conditions: (1) the heater
must have a maximum heat capacity of
less than 0.5 million BTU/hr: (2) the
heater must burn only used oil that the
owner or operator generates on-site or
receives used oil from individuals who
change the oil in their automobiles or
other equipment (i.e., "household waste"
generated by "do-it-yourself oil
changers); and (3) the heater must be
vented to the outside atmosphere. The
. capacity restriction is imposed to limit
the exemption to legitimate used oil-
fired space heaters used by automotive
service shops. An upper size limit of 0.5
million BTU/hr heat input encompasses
all used oil space heaters in use today
and prevents operators of larger boilers
from claiming they are operating used
oil-fired space heaters. The second
condition is imposed to ensure that only
facilities that generate used oil, such as
automotive service shops, and that
might normally purchase such heaters
are eligible for the exemption. This will
preclude the possibility, albeit remote,
that persons who are not used oil
generator might purchase these units
and purchase off-specification used oil
from processors or blenders. Finally, we
are requiring that the heaters be vented
outside to avoid high indoor
concentrations of lead and other toxic
compounds."
F. Prohibition on Cement Kilns in Urban
Areas Burning Hazardous Waste Fuel
The Hazardous and Solid Waste
Amendments of 1984 prohibit cement
kilns located in cities with populations
greater than 500,000 from burning
hazardous waste fuels unless they
comply with the standards applicable to
hazardous waste incinerators. See
RCRA amended Section 3004(1). This
requirement takes effect by operation of
law, and so applies although EPA is not
presently proposing to restrict burning of
hazardous waste fuels in other types of
industrial furnaces. (EPA is in the
process of adopting regulatory language
adding the bill's requirements for such
cement kilns to the Subtitle C
regulations.) Since this prohibition takes
effect by operation of law, it is not part
of today's proposal.
G. Request for Comments on Issues
Pertaining to the Prohibition
EPA specifically requests comments
on the two issues discussed below.
1. Request for Comments on
Prohibiting the Burning of Waste Fuels
" EPA also plans to issue an advisory under
authority of the Toxic Substances Control Act
(TSCA) to alert automotive service and repair shops
of the hazards posed by indoor venting and the
requirements of this proposed rule.
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
1781
in Small Industrial Boilers. There are
some common characteristics shared by
many very small industrial and
nonindustrial boilers that can tend to
make their hazard potential similar.
Many industrial boilers are similar in
size, operation, and location to most of
the nonindustrial boilers.83 Nearly 90%
of the approximately 125,000 industrial
oil fired boilers, like more than 98% of
the approximately 265,000 commercial
and institutional oil fired boilers (and
virtually all residential boilers), are very
small units with a heat input capacity of
less than 5-10 million BTU/hr.84 These
small industrial boilers are identical in
type and operation to most
nonindustrial boilers They are mostly
firetube or cast iron boilers with
unsophisticated combustion controls. In
addition, from 50 to 75 percent of
industrial boilers are located in urban
areas like nearly all nonindustrial
boilers.85 Further, the smaller industrial
boilers are likely to be
disproportionately located in urban
areas given that "heavy" industries can
be expected to use the larger units and
to have a disproportionately large
percentage of establishments located in
nonurban areas.
Given these factors, the Agency is
requesting comments on whether the
prohibitions included in the regulations
proposed today should be extended to
include very small industrial boilers. A
size cut-off in the range of 5 to 10 million
BTU/hr heat capacity seems reasonable '
because boilers smaller than that range
typically have relatively crude
combustion controls (e.g., on-off controls
and fixed linkage between fuel firing
rate and combustion air flow rate) and
may not be able to maintain peak
combustion efficiency (and, thus,
destruction efficiency] when burning
hazardous waste.•• Although nearly 90
"As discussed in Section VI-B-1 of this
preamble, nonindustrial boilers can pose significant
health risks because: (1) They are typically very
small and may not achieve complete combustion of
toxic organics (e.g., 99.99% destruction) because of
inadequate controls to maintain optimum
combustion conditions when firing hazardous waste
and because of short residence time of toxic
organics in the combustion zone: and (2) the risk
from incomplete combustion is compounded
because non-industrial boilers are typically located
in urban areas where sources are frequently
clustered together which causes emissions plumes
to overlap and increases ambient concentrations of
toxic compounds, and where individuals can be
exposed to high ambient levels of emitted toxicants
because they can be located close to the source and
exposed to above-ground level ambient air (e.g..
through windows or building air intact systems).
«< PEDCo Environmental. Inc., Risk Assessment
of Waste Oil Burning, pp. A-6, A-18.
•« PEDCo Environmental. Inc.. Risk Assessment
of Waste Oil Burning, pp. A-Z through A-17.
*• The New York State Department of
Environmental Conservation has developed
percent of all industrial boilers that burn
fuel oil are smaller than that size and
woulcLbe restricted. ,the _approximately
15,000 ifnrestricted boilers represent
80.90% of the industrial boiler oil
burning capacity.87 These unrestricted
industrial boilers would have more than
enough capacity to burn all of the used
oil and hazardous waste currently used
as fuel (even assuming no used oil
meets, or is blended to meet, the
specification and thus, no used oil is
burned in nonindustrial or restricted •
industrial boilers). Only approximately
10% of the unrestricted industrial boiler
capacity (i.e., boilers larger than 5-10
million BTU/hr) would be required to
burn all used oil fuel and hazardous
waste fuel assuming boiler load factors
averaged 25 to 50% (i.e., on a yearly
average, the boiler operates at 25 to 50%
of its capacity).
The Agency is currently conducting
tests of industrial boilers burning
hazardous wastes and intends to
propose technical controls on burning
hazardous waste and used oil in these
boilers (as well as industrial furnaces) in
late 1985 (i.e., the Phase II controls
discussed previously). Nonetheless, we
are requesting comments on whether
small industrial boilers should be
included in the prohibition proposed in
today's rule, or whether regulation
should be deferred until a more
definitive determination of their
impacts, and appropriate regulatory
controls, is completed.
2. Request for Comments on
Exempting Ignitable Wastes from the
' Prohibition on Burning in Nonindustrial
Boilers. The Agency is considering and
exemption from the prohibition on
burning in nonindustrial boilers for
hazardous waste that is hazardous
solely because it ignitable. Such wastes
would pose no greater fire or explosion
hazard during handling than commercial
fuel oils if the minimum flash point
allowed for the exemption was 100* F,
the minimum flash point for commercial
fuel oils. In addition, stack emissions
should not pose a hazard if the waste is
hazardous solely because it exhibits the
characteristic of ignitability in Subpart
D of 40 CFR Part 261. However, given
that the Agency has not completed its
efforts to list waste that are hazardous
because they contain toxic compounds.
wastes that are currently hazardous
solely because they exhibit the
regulations for the composition and use of waste
fuels (Subpart 225-2). Those regulations essentially
ban burning of hazardous waste and used oil in a
boiler with a capacity less than 20 million BTU/hr.
57 Estimates based on data in PEDCo
Environmental Inc.. Risk Assessment of Waste Oil
Burning, pp. A-6 and A-7.
characteristic of ignitability may. in fact.
contain toxic compounds. See 46 FR at
7673 (January 23,1981). If so, these
wastes can pose a hazard during
handling (e.g.. from spills, fires), and
emissions from the combustion of these
wastes could expose the public to toxic
compounds. To ensure that "ignitable-
only" wastes do not contain significant
concentrations of toxic compounds.
those toxic compounds of concern must
be identified, acceptable concentrations
must be determined, analysis
procedures must be prescribed, and
recordkeeping procedures must be
required. Further, to make the
exemption cost-effective to the burner, it
probably should be self-implementing.
The toxic compounds of concern are
the hazardous constituents the Agency
has listed for toxicity in Appendix VIII
of 40 CFR Part 261. A maximum
concentration of 100 ppm appears to be
protective for most organic constituents
given that, at that concentration, stack
gas concentrations of the constituent are
likely to be just at the detectable limits
given destruction efficiencies of 99 to
99.99 percent typically found in
nonindustrial boilers. However, lower
allowable concentrations may be
needed for highly toxic compounds. In
addition, the fuel should meet the used
oil fuel specification for metals to ensure
that it poses no greater hazard than
exempted used oil fuel (i.e., on-
specification used oil).
It is not clear what levels would be
appropriate for other metals and
inorganic constituents. In addition, it is
not clear whether a self-implementing
exemption would be enforced
adequately. Yet requirements for
interaction by regulatory officials would
amount to a permitting or approval
system and probably would not be cost-
effective for burners.
The Agency is specifically requesting
comments on the need for an exemption
for "ignitable-only" fuels and how a self-
implementing, yet effective, exemption
can be structured.
Finally, the Agency has considered
whether such "ignitable-only" wastes
with a flash point not less than 100 °F
should be exempted from all of the
requirements proposed today or just the
prohibition on burning in nonindustrial
boilers. Such wastes could require
different types of handling and burning
than commercial fuel oils even though
they are ignitable with a flash point
similar to No. 2 and No. 4 commercial
fuel oil. Thus, boiler operators may need
to be put on notice that the fuel is not
commercial fuel oil but rather a
hazardous waste fuel that may not
handle and burn like a commercial fuel.
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
To provide this notice to boiler
operators, we might subject the waste to
the manifest and other administrative
controls applicable to hazardous waste
fuels.
VIII. Proposed Administrative Controls
A. An Overview of the Proposed
Administrative Controls
In addition to the substantive controls
on burning discussed above and the
controls on storage discussed in Section
IX of this preamble. EPA today is
proposing that hazardous waste fuel and
off-specification used oil fuel be subject
to certain administrative requirements.
These requirements include one-time
notification to identify waste-as-fuel
activities and to obtain an EPA
identification number (notification of
waste-as-fuel activites is required even
if a person has previously notified the
Agency and obtained an EPA
identification number), compliance with
a manifest system (a new requirement
for blended hazardous waste fuels), or
an invoice system (for off-specification
used oil fuel), and recordkeeping. In
addition, persons receiving a shipment
of hazardous waste fuel or off-
specification used oil fuel would have to
certify to the person initiating the
shipment that they have notified EPA of
their activities and that they may
lawfully burn the waste fuel.
In general, these proposed controls
serve two purposes. They make it •
possible to administer and enforce the
prohibitions against burning in
nonindustrial boilers and provide for
proper tracking of the materials.
These administrative requirements
would apply to hazardous waste fuel
and off-specification used oil fuel
marketers and burners. Hazardous
waste and used oil generators who send
their wastes directly to a person who
burns them for energy recovery act as
marketers and would be subject to the
proposed controls." Generators who
send their hazardous waste or used oil
to a person who does not burn them for
energy recovery would not be subject to
the proposed controls for marketers
even though the wastes may
subsequently be burned for energy
" Many used oil processors bum used oil as fuel
to provide heal for purposes of treatment (e.g..
enhance settling or separation of water, evaporation
of volatile]). Such burning is incidental to the
primary function of the facility: processing and
market of uied oil. Thus, such processors are not
considered "ultimate burners" and generators and
transporters who sell oil to such processors are not
subject to regulation as marketers. These processors
are considered to be manufacturers and their
boilers are considered to be industrial boilers
eligible to bum off-specification used oil see Section
V1I-C-1 above.
recovery by another person. The
hazardous waste generator, however,
would be subject to the 40 CFR Part 262
regulations ordinarily applicable to
generators.69
Hazardous waste fuel transporters
would be subject to the full set of Part
263 requirements. This proposal would
regulate for the first time transporters of
hazardous waste fuel that is neither
listed waste nor a sludge. These
hazardous wastes are currently exempt
from regulation under provision of 40
CFR 261.6(a), a provision that would be
superseded by the new Part 266
standards proposed today.
Used oil fuel transportation would be
exempt from these proposed controls to
avoid piecemeal regulation of used oil
transporters.70 If used oil fuel
transporters were regulated while other
used oil transporters were not,
transporters could avoid complying by
claiming that the used oil is intended for
other purposes. The Agency plans to
propose comprehensive controls for
used oil management in 1985, and will
address regulation of transporters at
that time.
The following table (Table 4)
summarizes the controls that would be
required under today's proposal:
TABLE 4.—PROPOSED CONTROLS FOR WASTE
FUELS
Generators'
Marketers'
Transporters
Burners
Hazardous waste
full'
Part 282' '.
N,RN,P,M,C,RS
Part 263'
N,RN,P,M,C,R,S...:....
Otf-specfSeation
used oN fuel
Exempt
N.RN.P.I.C.R.
Exempt
N,RN,P,I,C'.R
'Hazardous wastes that are listed wastes or sludge are
subject to storage and transportation requirements under
existing rules (40 CFR 261.6) prior to use as fuel or used to
produce a fuel. Today's rules would extend storage and
transportation requirements as well es the waste fuel require-
ments indicated here to all hazardous wastes used as fuel or
used to produce a fuel and to all hazardous waste-derived
fuels produced from hazardous waste by processing, blend-
ing or other treatment
•Hazardous waste and used on generators would not be
regulated as marketers unless they market directly to a
burner.
" Hazardous wastes that are listed wastes or
sludges are currently subject to storage and
transportation controls prior to use to produce a fuel
and prior to marketing as a fuel. (See 40 CFR
261.6(a)). Today's proposal would extend regulation
to all hazardous wastes and so would include
unlisted by-products and spent material! as well as
any fuel containing any of these wastes as an
ingredient. See Section VII-C-1 above.
70 Many used transporters (collectors) pick up
used oil from several small generators and
aggregate the oil at satellite storage facilities prior
to shipment in larger tankers to used oil processors
or rerefiners. Such transporters are not considered
marketers for purposes of today's proposed rules
unless: (1) They ship used oil directly to a person
who burns the oil for energy recovery; or (2) they
process used oil at the storage facility. Any blending
of used oils resulting from accumuation in the
transporter's storge tanks is indicental to the
primary function of accumlation and is not
considered blending or processing for purposes of
producing used oil fuel.
1 Generators who send their hazardous waste to waste fuel
marketers would tie subject to Part 262 standards as ordi-
nary generators. See proposed § 266 32(ai Generators wno
market their hazardous waste (i.e., hazardous waste luet) to
burners would be subiect to the Part 262 generator stand-
ards as well as to the waste fuel marketer requirements
indicated here. See proposed §266.32(b).
•Hazardous waste luel transporters would be subiect to
regulation as ordinary transporters. Thus, they would not oe
required to notify or renotify for waste-as-fuel activities
However, they would notify for their hazardous waste trans-
portation activities if they have not notified already
Key
N—Notification and identification number.
RN—Renotify for waste-as-fuel activities.
P—Prohibitions on marketing to. or burning in. nomndustnal
boiler.
M.I—Compliance with manifest (M) or invoice. (I).
C—Provide or receive certification of compliance with
standards for burning.
R—Recordkeeping.
S—Storage standards.
B. Discussion of the Proposed
Notification Requirements
1. Purpose of the Notification
Requirement. To ensure that waste fuels
are managed properly and not routed to
nonindustrial markets, EPA must be
able to identify those persons who
engage in waste-as-fuel activities. The
notification requirement proposed here
serves this purpose. This type of
notification is mandated under the
recently-enacted RCRA reauthorization
legislation and is authorized under the
provisions of Sections 3010 and 3014.7'
The notification process will identify
the people subject to regulation. It also
will serve to inform these persons that
these fuels are no longer exempt from
RCRA requirements. In addition, for
persons and facilities that are not now
part of the RCRA system, notification
will result in the assignment of an EPA
identification number. An identification
number is needed for compliance with
various requirements of this package.
2. Who Must Notify, Under this
proposal, the following persons must
notify the Agency of their waste-as-fuel
activities: (1) Marketers of hazardous
waste fuel or off-specification used oil
fuel (e.g. third-party processors.
blenders, and distributors, and those
generators who market directly to
burners); (2) burners of hazardous waste
fuel or off-specification used oil fuel7Z;
71 EPA interprets notifications to be required
under Section 3010 whenever the Agency amends a
Part 261 regulation to bring additional persons into
the hazardous waste management system, not just
when additional characteristics or listings are
promulgated. See 48 FR at 14496 n.51 (April 4.1983).
Since EPA is proposing to increase the coverage of
the system by amending Part 261 requirements.
authority lies under Section 3010 to require
notifications for hazardous waste fuels. The Agency
also believes the plenary authority over recycled
used oil contained in Section 3014 provides
authority to obtain notifications. EPA's information
collection authority in Section 3007. requiring
persons handling wastes that may be hazardous to
"furnish information relating to such wastes" to
EPA, and general rule-making authority in Section
2002(a)(l) likewise justify obtaining notifications
pertaining to used oil.
71 Except generator who burn their oil in space
heaters under provisions of proposed ! 261.41(b)(4).
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
1703
(3) marketers of used oil fuel that meets
the specification but "who receive off-
specification used oil fuel and treat it to
produce used oil fuel that meets the
specification: and (4) marketers of used
oil fuel that meets the specification and
who receive used oil from a generator
(or from a transporter who receives used
oil from generators) irrespective of
whether the used oil they receive meets
the specification.73 If any of these
persons has previously notified the
Agency of any hazardous waste
management activities and obtained an
EPA identification number, they must
nonetheless renotify and may use the
amended notification form (see
discussion below) to identify their
waste-as-fuel activities. Notification
must be provided concurrently to all
States whose hazardous waste programs
have received final authorization. See
Section 204(a)(l) of the Hazardous and
Solid Waste Amendments of 1984
(RCRA amended Section 3010).
Certain persons are not affected by
the proposed special notification
requirement for waste-as-fuel activities:
(1) Hazardous waste generators who
neither burn nor market their waste
fuels directly to a burner are not
required to notify regarding their waste-
as-fuel activities because these
generators need not and may not know
the end use of the hazardous waste;
however, they must notify regarding
their generation activities if they have
not notified already]; (2) hazardous
waste fuel transporters (transporters
must notify only regarding their
transportation activities (assuming they
have not notified already) but not
regarding waste-as-fuel activities for the
same reason given above for
generators); and (3) used oil generators
and transporters (unless they also
market directly to a burner).
The notification requirement also does
not apply to owners and operators of
nonindustrial boilers (e.g., residential,
institutional, and commercial boilers)
who burn used oil that meets the
specification. Since EPA is today
proposing to restrict the composition of
fuels being burned in these types of
combustion units to fuels that pose no
greater risk than virgin fuel oil, there is
73 Although the used oil fuel marketed by such
persons meets the specification and is exempt from
regulation either because the used oil. as generated.
meets the specification or because of processing or
blending, such marketers must nonetheless notify
EPA of their waste-as-fuel activities. These
marketers would be required to analyze their used
oil fuel to document that it meets the specification.
See proposed § 266.43(a)(2| and (b)(l). Such
notification, analysis, and retention of analysis
records is required in an effort to ensure that EPA
can monitor persons who first claim that used oil
fuel meets the specification.
no need to receive notifications from
these entities.
3. Use of the Amended Hazardous
Wast&^Notification Fo'rm. Persons who
must file notifications with EPA (or
renotify) because of their waste-as-fuel
activities may use revised EPA form
8700-12: "Notification to EPA of RCRA
Subtitle C Activity" (see the Appendix
to the proposed rule). This form, a
revised version of the existing
hazardous waste notification form, has
been amended to accommodate the
requirements for a waste-as-fuel
notification as well as notification of
hazardous waste activity. The Agency
intends to use this revised form for all
future notifications.
Use of this form offers a standardized
approach for persons required to file
notifications and assists EPA in the
orderly input of data into its data
management system. While use of the
form is encouraged, it is not mandatory.
Notifiers who do not use the form must
include all required information,
including the certification in Item XI of
the form, signed by the person notifying
or by his authorized representative.
The amended notification form will
provide the Agency with two types of
additional information: (1) The number
and location of facilities engaged in the
marketing of hazardous waste fuel and
used oil fuel, including the processing,
blending and distribution of these fuels;
and (2) the number, type, and location of
facilities that burn hazardous waste fuel
and off-specification used oil fuel. This
information will be used to develop a
general profile of the nature and scope
of the waste fuel industry and to identify
those persons who must comply with the
other requirements proposed today or in
the future.
Such information cannot be derived
from data already submitted to the
Agency because many persons that
would be required to notify because of
their waste-as-fuel activities were not
previously subject to the notification
requirements. In addition, the
information available on those persons
required to notify previously is
inadequate because neither the original
notification form, nor the Part A Permit
Application, include questions that are
specifically relevant to waste-as-fuel
activities.
4. Notification .Procedures and
Implementation. EPA estimates that
there are, at most, 20,000-30.000 persons
that may be required to file
notifications. While EPA does not intend
to carry out a mass mailing to
potentially affected parties, the Agency
will widely announce the notification
requirements of these rules through the
press and trade journals.
EPA is today soliciting public
comments on the waste-as-fuel
notification process and revised form
concurrently with the proposed waste-
as-fuel rules. After the Agency has
reviewed public comments on the
proposed rules and notification form we
will issue a final notice in the Federal
Register requiring persons subject to the
waste-as-fuel notification to submit a
notification to EPA. Due to possible
statutory time requirements, this final
notice requiring notification may be
issued before promulgation of final
waste-as-fuel regulations.74
The Agency plans to distribute the
notification forms through the RCRA/
SUPERFUND Industry Assistance
Hotline. Each requestor will receive a
complete notification package, including
a form and accompanying instructions.
to assist him in filing his notification.
EPA will return to each notifier an
acknowledgement of recieipt of the
notification, and will issue an EPA
identification number if one was not
previously assigned. This
acknowledgement in no way constitutes
an endorsement by EPA of the adequacy
of the notification or of the notifier's
business.practices: rather it serves as a
confirmation that EPA received the
notification.
5. Legal Significance of Notification.
EPA is promulgating the notification
requirement for hazardous waste fuels
' and used oil fuels under the authority of
Sections 3010 and 3014 of RCRA.
respectively. The notification is a
prerequisite for RCRA interim status
(see RCRA Section 3005(e)(2)) for
owners and operators of hazardous
waste fuel storage facilities. (See H.R.
Rep. No. 98-198 supra at 41. likewise
specifying that notification of
management of hazardous waste fuels
serves as a prerequisite for interim
status.)
C. Proposed Transportation Controls
EPA is proposing today to adopt a
system to track movement of hazardous
waste fuel and off-specification used oil
fuels from the initial marketer (e.g.,
generators who market to burners;
processors: blenders) through
intermediaries (e.g., transporters,
distributors) to the industrial users who
burn the fuel for energy recovery.75 This
" As noted above, the Hazardous and Solid
Waste Amendments of 1984 amend RCRA to require
waste-as-fuel notifications within IS months.
Conceivably, notification could be required before
the final waste-as-fuei regulations are promulgated.
" The system is already in place for certain
hazardous waste fuels—namely listed wastes and
Continued
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
tracking system would create a paper
trail allowing regulatory officials to
track a hazardous waste fuel or off-
specification used oil fuel from point of
processing, blending, or other treatment
to point of burning, thus making the
prohibition on burning in nonindustrial
boilers enforceable. Equally important.
the tracking document (either a manifest
or an invoice) would put persons who
handle these materials on notice that
they are receiving a hazardous waste or
off-specification used oil fuel.
Consequently, EPA today is proposing
that all shipments of hazardous waste
fuel be accompanied by a manifest.
Hazardous waste fuel marketers would
be subject to the transportation (and.
pre-transport) requirements of 40 CFR
Part 262 and transporters would be
subject to the requirements of 40 CFR
Part 263.
We are proposing a slightly different
system for off-specification used oil,
whereby marketers (e.g., processors,
blenders, distributors) offering off-
specification used oil fuel for sale would
have to prepare and send an invoice to
the fuel buyer, but would not have to
have the invoice physically accompany
each shipment This distinction (i.e.,
invoice in lieu of a manifest) is needed
to avoid piecemeal regulation of used oil
transporters.78
Information to be included on invoices
'includes the shipment date, the
shipment initiator's name, address and
identification number, the receiving
facility's name.'address, and
identification number and the quantity
of used oil fuel shipped. All of this
information is currently required to be
included in the standard EPA hazardous
waste manifest.
In a situation where'an off-
specification used oil fuel goes from a
processor or blender to an intermediate
distributor, the Agency intends that the
distributor must reinstitute a new
invoice to accompany any fuel it sells
that is produced from or otherwise
contains the used oil (unless the used oil
fuel now meets the specification). This
requirement is consistent with those
found in other parts of the RCRA
sludges when sent directly from the generator to a
burner. Sec 40 CFR 281.6{a). Today's proposal
would expand the system to all hazardous waste
fuels mantged by all marketer! and burners (I.e.. to
•It hazardous wastes burned directly and to all
fuels produced from hazardous waste by
processors/blenders).
'• Regulation of used oil fuel transporters at this
time probably would not be enforceable as a
practical matter, even if considered desirable, given
that only one group of used oil transporters would
be subject to the requirements—those that transport
oil destined not only for recyling rather than
disposal, but only for one particular type of
recycling (I.e.. used as fuel for energy recovery).
regulations whereby intermediate
storage facilities must reinitiate a
manifest. See, e.g.. 40 CFR 264.71(c) and
262.10(f).
The Hazardous and Solid Waste
Amendments of 1984 amended RCRA to
require producers, distributors, and
marketers of hazardous waste fuels to
include a warning label on the invoice
or bill of sale for the fuel. See RCRA
amended Section 3004(r). The
requirement takes effect within 90 days
of enactment, and remains in effect until
EPA promulgates superseding
regulations. Id. The Agency believes
that the proposed requirement of a
manifest achieves the same purpose as
the warning label—to put the user or
distributor on notice that he is receiving
hazardous waste fuel. Receipt of a fuel
accompanied by a hazardous waste
manifest achieves this result. Further,
the manifest would also put the
transporter on notice that he is handling
hazardous waste because the manifest
must accompany the shipment. The
invoice or bill of sale with the warning
label may not accompany the shipment.
Consequently, the Agency views the
proposed requirement of a manifest as
superseding the warning label
requirement. Should this proposal be •
adopted, therefore, warning labels will
no'longer be required for hazardous
waste fuels.
D. Proposed Notice and Certification
Requirement
To enforce the prohibition on burning
hazardous waste fuel and off-
specification used oil fuel in
nonindustrial boilers, the prohibition
applies not only to the boiler owner and
operator, but also to the waste fuel
marketer. Thus, a marketer such as a
processor, blender, or distributor (or a
generator marketing directly to a burner)
' may not sell hazardous waste fuels or
off-specification used oil fuel to a person
who burns it in a nonindustrial boiler.
Marketers must also ensure that they
market these fuels only to persons in
(and, thus, aware of) the regulatory
system: persons who have notified EPA
of their waste-as-fuel activities. In
addition, marketers are responsible for
determining whether their waste fuel is
subject to regulation (i.e., whether their
product fuel contains hazardous waste
or is off-specification used oil).
To comply with these requirements,
marketers need to know whether the
person receiving a shipment of
hazardous waste fuel or off-specification
used oil fuel has notified EPA of his
waste-as-fuel activities and whether he
intends to burn the fuel only in a utility
boiler or industrial boiler or furnace.
Thus, the proposed rules include a
provision requiring that a marketer of .
hazardous waste fuel or off-specification
used oil fuel receive a certification from
the fuel purchaser stating that the
purchaser has notified EPA of his waste-
as-fuel activities and will burn the fuel
only in unrestricted boilers or furnaces.
This certification is a one-time notice
arid would be required before sending
the initial shipment (after the effective
date of this rule). Similarly, the
.purchaser'would be required to send the
certification before receiving the first
shipment from a marketer. This will
ensure that the recipient is aware of the
regulations applicable to waste fuels
and of his responsibilities as a burner
(or intermediary).77
Hazardous waste and used oil
generators (and transporters receiving
waste from generators) who market
their waste to a person who is not a
burner would not be subject to this (or
any other) requirement for marketers.
Consequently, such a recipient of the
generator's hazardous waste or used oil
would not be required to provide the
generator with a certification notice.
E. Proposed Recordkeeping
Requirements
The recordkeeping requirements that
the Agency is proposing are limited
requirements that are designed primarily
to keep track of the movement of
hazardous waste fuels and off-
specification used oil fuels. The •.
substantive prohibitions proposed
today, as well as the various
administrative requirements would not
be enforceable without these
recordkeeping requirements. These
requirements would require each person
who would be subject to these proposed
rules as a marketer (i.e., producers,
distributors and certain generators) or
burner to keep a copy of the manifest or
invoice (for used oil) that accompanies
or that applies to each fuel shipment.78
In addition, marketers and burners
would be required to retain copies of
certification notices that they initiate or
receive.
Finally, marketers of used oil fuel who
first claim the oil meets the specification
are required to obtain analysis of their
used oil fuel product to document that it
77 Incidentally, simply, requiring a recipient only
to have an EPA identification number is not
adequate to ensure that he has notified the Agency
of his waste-as-fuel activities, and is. therefore.
aware of applicable regulatory controls. This is
because EPA identification numbers are assigned
for reasons other than waste-as fuel activities.
" Transporters of hazardous waste fuel must
keep copies of manifests under provisions of 40 CFR
Part 263. Transporters of off-specification used oil
fuel are not subject to regulation.
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Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Proposed Rules
1705
meets the specification. Copies of the
analyses must be retained for three
years. Marketers required to obtain
analyses of their used oil fuel product
include: (1) Processors and blenders
who treat off-specification used oil to
produce specification used oil fuel: and
(2) generators and collectors (i.e.,
transporters who receive used oil
directly from generators) who market
specification used oil fuel directly to
burners. Such analyses and
recordkeeping are required to enable the
Agency to enforce the prohibitions on
those persons who first claim that used
oil fuel meets the specification.
Marketers must obtain analyses of
representative samples of the fuel to
ensure that the fuel meets the
specification. (Guidance on sampling
and analysis is provided in: EPA, Test
Methods for Evaluating Solid Waste,
July 1982, SW-846.)79
All records must be retained at the
facility for three years, except that
certification notices that a person is
required to send or receive must be kept
for three years from the date a person
last engages in a waste fuel marketing
transaction with the person who sent or
received the certification notice. These
records must be available for inspection
by any officer, employee, or
representative of EPA (see RCRA
Section 3007).
IX. Storage Requirements for Hazardous
Waste Fuel
Today's proposal would expand
existing requirements for storage so that
all storage of all hazardous waste fuels
is subject to regulation.80 Under existing
provisions of 40 CFR 261.6. hazardous
wastes that are listed wastes or sludges
are subject to the storage standards of
Parts 262, 264, and 265, when stored
prior to use as a fuel and prior to use to
produce a fuel. Hazardous waste fuel
produced by a marketer by processing,
blending, or other treatment of
hazardous waste presently is exempt
from regulation. (Such hazardous waste
fuel is termed "hazardous waste-derived
fuel" for purposes of this discussion.)
79 The Agency is reviling digestion procedures for
organic liquids prior to analysis for metals. Revised
procedures will be available before these rules are
promulgated.
*° No permit presently is required to store used
oil. EPA is not proposing storage requirements for
used oil fuel at this time because the Agency wishes
to avoid the piecemeal regulation of used oil storage
which would result were we to regulate used oil fuel
storage in advance of other types of used oil
storage. Storage requirements may be proposed
when the Agency proposes comprehensive
regulations for used oil in 1983. Storage of mixtures
of hazardous waste and used oil. however, would
be subject to regulation as hazardous waste under
today's proposed rule unless the hazardous waste is
generated by a small quantity generator.
We are proposing to require that all
hazardous waste used to produce fuel
and all hazardous waste fuel (including
hazardous waste-derived fuel) be
""subject to storage requirements for the
reasons given below.
A. Which Hazardous Wastes Should Be
Subject to Storage Requirements
The Agency is proposing today to
regulate the storage (and transportation)
of any hazardous waste used to produce
a fuel and of any hazardous waste fuel
(both hazardous waste used directly-as
fuel and hazardous waste-derived fuel).
We, thus, are proposing to eliminate the
current distinction between listed
wastes and sludges on the one hand and
unlisted spent materials and unlisted by-
products on the other. These distinctions
are not environmentally justifiable, and
exist only because of the Agency's
initial uncertainty (in 1980) about an
appropriate regulatory regime for
recycled wastes. See 48 FR at 14475
(April 4,1983). It is now our view that a
hazardous waste classification as
sludge, by-product, or spent material, or
listed vs unlisted (characteristic)
hazardous waste has no relation to the
type of hazard the waste poses when
stored, and therefore, that storage of all
. of these wastes should be regulated
uniformly. (Id]
The Agency in fact has already
proposed that all hazardous wastes
going from a generator to a fuel
processor be subject to regulation. See
proposed § 261.6(b)(v), 48 FR at 14510.
(April 4,1983). We did not propose a
parallel change for unlisted, nonsludge
hazardous wastes-going from-a--
generator directly to a burner. See 48 FR
at 14485. However, we have now
decided to expand applicability of the
storage standards uniformly, and so are
proposing in today's rules to eliminate
the distinctions between listed wastes
and sludges and other hazardous
wastes.
B. Eliminating the Exemption for
Storage of Hazardous Waste-Derived
Fuels
The rules proposed today would
subject hazardous waste-derived fuels
to storage (and other) controls. This
includes storage by the initial marketer
(e.g., processors, blenders), storage by
subsequent marketers (e.g., distributors),
and storage by burners.
The present regulatory regime
provided by 40 CFR 261.6 whereby
hazardous waste-derived fuel is exempt
from regulation exists for historical
reasons and is not environmentally
justifiable. (See 448 FR at 14475.) The
argument that hazardous waste fuels
function as valuable inventory in a
burner's hands and so will be stored
safely does not appear tenable.
Hazardous waste fuels in many cases do
not command substantial economic
value; in some situations, burners are
even paid to accept these materials. In
addition, the fact that a hazardous
waste fuel is being stored as a
commodity is sufficient to prevent
substantial risk. There have been many
damage incidents from product and raw
material storage, examples being spills
from underground and above-ground
product storage tanks, including fuel
storage tanks. See 49 FR 29418 (July 20.
1984). See also Section 801 of the
Hazardous and Solid Waste
Amendments of 1984 requiring EPA to
regulate underground storage tanks
storing products. The Agency also has
been told by State regulatory officials
and used oil fuel dealers that hazardous
waste fuels are suspected of causing a
number of fires in the New York City
and New Jersey areas. The agency, thus.
does not see any reason to regulate this
type of hazardous waste storage
differently from other hazardous waste
storage.
Today's proposed rule would subject
all storage of all hazardous waste fuels
to the standards provided by 40 CFR
Parts 262 (for short-term accumulation of
fuels by a generator who burns his
waste on site or who markets directly to
a burner), 264, and 265, with one
exception. We are not proposing to
subject hazardous waste fuel storage by
an existing burner to the final permitting
standards of 40 CFR Part 264 at this time
for several reasons.81 Given that we
intend to regulate burning of hazardous
waste fuels in a manner that would
require some form of permitting, we do
npt'want to issue a permit to a burner
for storage and then have to issue a
second permit in the near future for
burning. We thus plan to delay adopting
final permitting storage standards for
existing burners until a single permit
proceeding can address both burning
and storage.
•' On-site storage by burners of any hazardous
waste fuel would be subject only to the interim
status standards of 40 CFR Parts 265 and 270 (Part A
permit application;. This applies to hazardous
waste fuels newly regulated by today's proposal as
well as to listed wastes and sludges marketed by a
generator to a burner which are currently subject to
interim status as well as final permitting (i.e.. Part
264) standards under provisions of 40 CFR 261.6.
Thus, this proposal would temporarily reduce
storage controls for those burner storage facilities
(storing listed waste or sludges) currently subject to
final permitting standards (i.e.. Part 264). Such
storage facilities would become subject to final
permit standards along with other burner storage
facilities when controls on burning are promulgated.
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We note that hazardous waste fuels
stored by a marketer would be subject
to regulation under the proposal. Thus,
storage of both incoming hazardous
waste and outgoing hazardous waste
fuels would be regulated. Many
marketers are already subject to
regulation as storage facilities because
they store listed wastes and sluges (used
as feedstock to produce hazardous
waste fuel), and may be operating under
interim status standards. These
marketers would need to seek an
authorization to expand their interim
status operations to include the waste
fuel storage area.
X. Examples of How These Regulations
Would Operate
The following hypothetical examples
illustrate how the proposed rules would
operate:
1. Generator G generates a hazardous
waste and sends it to burner B who
stores it in a tank prior to burning in an
industrial boiler for energy recovery.
G is a hazardous waste fuel marketer
because he markets directly to a burner.
Assuming that G is a large quantity
generator (and EPA is unaware of
situations where small quantity
generators sends hazardous wastes
directly to burners), he must comply
with the requirements for marketers,
including the manifest and storage
requirements of Part 262, and
notification as a hazardous waste fuel
marketer. Prior to sending the. first
shipment (after the effective date of this
rule), he must also obtain a certification
from B that B has notified EPA of his
waste-as-fuel activities and that he will
bum the fuel only in unrestricted units
(i.e., industrial boilers, industrial
furnaces and utility boilers). B is a
hazardous waste fuel burner and a
RCRA storage facility. He must comply
with interim status standards for storage
(including submitting a Part A permit
application). He must also notify EPA of
his waste-as-fuel activities and provide
G with the certification discussed above
prior to receiving the first shipment. B
will have one identification number for
storage and burning.
2.A. Generator G, a large quantity
generator, generates a hazardous waste
but sends it to an intermediate
processor P. who mixes it with other
wastes and sells the mixture to a burner
B who stores it in a tank prior to burning
in an industrial boiler for energy
recovery.
G is subject to regulation under Part
262 as a generator and must comply
with the manifest system and applicable
storage requirements. He is not subject
to the requirements for marketers. P is a
marketer. He must obtain a storage
permit to store the hazardous wastes
received from the generator. The
blended mixture is hazardous waste fuel
and is subject to the storage controls
under Parts 264 and 265. P and B must
notify EPA of their waste-as-fuel
activities, and must comply with the
certification requirements. B is a
hazardous waste fuel burner who has a
RGRA storage facility subject to the
interim status controls of Part 265.
2.B. G, a large quantity generator,
generates a hazardous waste and mixes
it with used oil. The mixture is sent to P,
who does further blending with used oil,
and then sends the mixture to B where it
is burned as in the previous example.
The controls would operate in this
situation just as in the previous
example. A mixture of hazardous waste
and used oil is subject to regulation as
hazardous waste (unless the hazardous
waste is generated by a small quantity
generator).
2.C. G is a small quantity generator
who generates a hazardous waste and
mixes it with used oil, as in example 2.B.
G sends the mixture to processor P, who
processes the material further and sells
the processed oil as fuel. The fuel meets
the specification for used oil fuel. It then
is sold to retail fuel dealers and to
industrial and nonindustrial users.
In this situation (i.e., where a small
quantity generator mixes hazardous
waste with used oil), the mixture is
exempt from regulation as hazardous
waste under the provisions of 40 CFR
261.5 but is subject to regulation as used
oil when obtained by a used fuel
marketer. P. Thus, G (who incidentally is
not a marketer) may send the used oil to
P without a manifest) or an invoice). P is
a marketer of used oil fuel. He must
notify EPA of his waste-as-fuel activities
and obtain an EPA identification
number. He also must document with
analyses that the used oil fuel he
markets meets the specification since he
receives, used oil from a generator (or
from a transporter who receives oil from
a generator) and markets used oil fuel as
specification used oil fuel. The used oil
fuel is exempt from regulation and may
be sent to burners or retail fuel dealers
(i.e., distributors) who do not have-EPA
identification numbers, and who may
sell the fuel on an unrestricted basis.
If, as is more likely, P determines that
the used oil fuel does not meet the
specification, P could only send it to
persons who have certified to him that
they have notified EPA of their waste-
as-fuel activities and will burn the fuel
only in industrial boilers, utility boilers,
or industrial furnaces. P would have to
prepare and send invoices for the used
oil fuel. The retail fuel dealers (i.e..
distributors) who receive the off-
specification used oil fuel are marketers
and could not send the fuel to
nonindustrial users unless it was
processed further to meet the fuel
specification (and they documented with
analyses that the fuel meets the
specification). Marketers and burners
must keep records of invoices and
certifications sent and received and fuel
analyses documenting compliance with
the fuel specification (where required).
3.A. P is a used oil processor who
receives used oil from a variety of
sources and blends them to make fuels.
The blended fuel that P produces is off-
specification for lead. P sends this fuel
to R, a retail fuel dealer. R blends the
fuel further so that it meets the lead
specification. R then sells the fuel to
industrial and nonindustrial users.
P is a marketer of used oil fuel.
Because the used oil fuel is off-
specification, it can be sent only to a
person (e.g., R) who has certified to P
that he has notified EPA of his waste-as-
fuel activities (and obtained an EPA
identification number), and P must send
an invoice to that person. R is also a
marketer because he receives off-
specification used oil fuel. Since R
markets the used oil fuel as specification
fuel (by marketing to nonindustrial
boilers, or by marketing to industrial
boilers without complying with the
invoice, notification, and other
requirements), he must document with
analyses that the fuel meets the
specification. Marketers and burners
must keep records as discussed
previously.
3.B. Processor P receives used oil from
different generators, and also receives
spent halogenated solvents that are
listed as hazardous waste. P blends the
hazardous solvents with the. used oil.
Some of the spent halogenated solvents
were generated by large quantity
generators. The blended used oil fuel
contains less than 4000 ppm chlorine
and meets the specification. P sells this
blended fuel to R, as in example 3A.
P is a marketer of hazardous waste
fuel because he has mixed hazardous
waste (generated by a large quantity.
generator) with used oil. There is no
need to invoke the presumption of
mixing with hazardous waste (based on
total chlorine levels) because it is
known on these facts that hazardous
waste has been mixed. (As explained in
Section VII-C-4, it is not always certain
when used oil is mixed with hazardous
waste. In those situations, EPA is
employing a rebuttable presumption of
mixing with chlorinated hazardous
waste when chlorine levels exceed 4000
ppm because this level is a very strong
indication of mixing.) The used oil fuel
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Federal Register / Vol. 50. No. 8 / Friday, January 11. 1985 / Proposed Rules
1707
specification does not apply to the
mixture.
XL State Authority
A. Applicability of Rules in Authorized
States
Under Section 3006 of RCRA. EPA
may authorize qualified States to
administer and enforce the RCRA
program within their States. (See 40 CFR
Part 271 for the standards and
requirements for authorization.)
Authorization, either interim or final,
may be granted to State programs that
regulate the identification, generation,
and transportation of hazardous wastes
and the operation of facilities that treat,
store, or dispose of hazardous waste.
Interim authorization is granted to
States with programs that are
"substantially equivalent" to the Federal
program (Section 3006(c)]. Final
authorization is granted to States with
programs that are equivalent to the
Federal program, consistent with the
Federal program and other State
programs, and that provide for adequate
enforcement (Section 3006{b)).
Under RCRA. prior to the Hazardous
and Solid Waste Amendments of 1984,.
once EPA authorizes a State program,
EPA suspends administration and
enforcement within the State of those
parts of the Federal program for which
the State is authorized. In authorized
States, EPA does retain enforcement
authority under Sections 3008, 7003, and
3013 of RCRA, although authorized
States have primary enforcement
responsibility. However, under Section
3006(g) of the Hazardous and Solid
Waste Amendments of 1984, any
requirement pertaining to hazardous
wastes promulgated pursuant to the
Amendments is effective in authorized
States at the same time it is effective in
other States. EPA will administer and
enforce the requirements in each State
until the State is authorized with respect
to such requirement.
When ultimately promulgated, the
hazardous waste fuel standards
proposed today would be applicable in
all States since the requirements are
imposed pursuant to the Amendments.
Thus EPA will implement the hazardous
waste fuel standards until authorized
States revise their programs to adopt
these rules.
The used oil fuel standards proposed
today would also be applicable in all
States when promulgated. Section 3014
provides for the regulations on used oil
fuel to take effect in all States. Section
3006 does not bear on the used oil fuel
standards since used oil fuel, by itself, is
not currently a hazardous waste covered
by the Subtitle C program. However, as
discussed previously, the Agency plans
to propose to list used oil as a
hazardous waste in 1985. If used oil
were, in fact. -listed as hazardous waste
in a subsequent promulgation, the used
oil fuel rules—amended as necessary to
conform with the listing—would be
applicable in all States, by virtue of
Section 3006(g) as well as Section 3014.
At the point, authorized States would be
required to revise their programs to
adopt these rules.
B. Effect on State Authorizations
The hazardous waste fuel rules
ultimately promulgated under this
rulemaking will apply in authorized
States under Federal law until the State
receives interim or final authorization
under Section 3006(g)(2) of 3006(b),
respectively, on the basis of providing
controls for hazardous waste fuels that
are substantially equivalent or
equivalent to EPA's. The procedures and
schedule for State adoption of these
regulations is described in 40 CFR
271.21. See 49 FR at 21678 (May 22,
1984).
Applying § 271.21(e)(2), States that
have final authorization must, re vise
their programs within a year of
promulgation of EPA's hazardous waste
fuel regulations if only regulatory
changes are necessary, or within two
years of promulgation if statutory
changes are necessary. These deadlines
can be extended in exceptional cases.
See 40 CFR 271.21(e)(3).
States that submit official applications
for final authorization less than 12
months after promulgation of EPA's
regulations for hazardous waste fuels
may be approved without including
standards equivalent to those
promulgated. However, once authorized,
a State must revise its program to
include hazardous waste fuel standards
substantially equivalent or equivalent to
EPA's within the time period discussed
above.
XII, Regulatory Impacts
A. EPA Regulatory Impacts Studies
As a result of the impacts analysis
conducted to accompany today's
proposed rules, EPA ha,s reached four
key conclusions. First, today's proposal
is not a "major rule" within the meaning
of Executive Order 12291, and. therefore,
no Regulatory Impacts Analysis is
required. EPA reached this conclusion in
part after determining that the rules
proposed today will not have an annual
impact on the national economy in
excess of $100 million. The estimated
maximum costs of today's proposal are
an initial (one-time) cost of $6 million
and annual costs of $20.9 million.
Maximum estimated annualized costs
are $21.3 million per year. In addition.
the proposal will not lead to major
increases in costs: no facility affected by
today's proposal should incur more than
$7000 per year in annualized costs to
comply with the proposed rules. In fact.
the great majority of facilities affected
by the proposal would incur less than
$1000 per year in additional costs.
Finally, today's rules do not affect
competition, employment, productivity,
or innovation to any significant extent.
These proposed rules have been
submitted to the Office of Management
and Budget (OMB) for review per
Section 6 of Executive Order 12291. Any
comments from OMB to EPA and any
response to those comments are
available for viewing at the Office of
Solid Waste Docket. Room S-212. U.S.
E.P.A., 401 M St., SW, Washington, D.C.
20460.
Second, today's proposed rules will
:not have a significant impact on a
substantial number of small entities.
Therefore, no Regulatory Flexibility
Analysis (RFA) is required under the
Regulatory Flexibility Act. EPA has
determined that although a substantial
number of small entities would be
affected by some parts of today's
proposed rules, even the maximum costs
that could be imposed would not
amount to 5% of product price or cause a
closure rate of 5% (the criteria used by
the Act to define when an RFA is
needed.)
Third, today's proposed rules, to the
extent they affect the used oil industry,
do not discourage the recycling or
recovery of used oil. EPA has concluded
that today's proposed rules will not
discourage recycling because the rules
only restrict used oil entering one
market, the nonindustrial fuel market.
and the Agency has determined that any
used oil not sold to this market can be
sold as industrial fuel or rerefining
feedstock. Therefore, used oil affected
by today's proposal will still be
recycled, not disposed of.
Fourth, EPA has considered the
requirements of the Paperwork
Reduction Act of 1980 (PRA), 44 U.S.C.
3501 et seq, in developing these
proposed rules. The reporting and
recordkeeping requirements are the
minimum EPA believes necessary to
implement and enforce the controls.
Pursuant to provisions of the PRA, the
information collection"requirements in
this proposed rule have been submitted
for approval to the Office of
Management and Budget (OMB). Submit
comments on these requirements to the
office of Information and Regulatory
Affairs: OMB; 728 lackson Place. N.W.: —
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Federal Register / Vol. 50, No. 8 / Friday, January 11, 1985 / Proposed Rules
Washington, D.C. 20503 marked
"Attention: Desk Officer for EPA". The
final rule will respond to any OMB or
public comments on the information
collection requirements.
What follows are more detailed
discussions explaining the data used by
EPA to make the determinations
summarized above. First, cost data are
presented for each control proposed
today. Second, the expected impacts of
the proposed rules on used oil recycling
are described. EPA requests comments
on the regulatory impacts studies
performed for this proposal, both in
terms of the extent of analysis
performed, and the conclusions reached
through the studies.
B. Cost Data
The cost impacts of these regulations
derive primarily from four new
requirements. These are: (1) Notification
requirements for marketers and burners
to identify waste-as-fuel activities; (2)
manifest requirements (for hazardous
waste fuel) or invoice requirements (for
off-specification used oil fuel] for all
shipments: (3) certification requirements
for marketers and burners that require a
recipient to certify to the supplier before
he receives the first shipment that he
has notified EPA of his waste-as-fuel
activities and will burn the waste fuel
only in an unrestricted boiler or furnace;
and (4) storage requirements for
hazardous waste fuel. In addition,
marketers who first claim used oil fuel
meets the specification and is exempt
from regulation (e.g., marketers who
process or blend off-specification used
oil to produce used oil fuel that meets
the specification, and marketers who
receive oil from generators or from
collectors and who manage the oil as
specification used oil fuel) must obtain
analyses documenting that the used oil
meets the specification. It should be
noted that EPA has not attempted to
determine the costs of two important
impacts of today's proposal: (1) The cost
to marketers of treating used oil to meet
the used oil fuel specification; and (2)
the costs to nonindustrial boiler owners
of having to buy specification used oil
fuel or commercial fuel oil instead of
hazardous waste fuel or off-specification
used oil'fuel.
EPA has not attempted to determine
the cost to marketers of treating used oil
to meet the used oil fuel specification
because we do not know how much
used oil currently meets the
specification either as-generated or after
processing/blending.84 However, it is
clear that processors and blenders who
sell to the nonindustrial market will
experience increased costs at a
minimum for sampling and analysis of
their product and to some extent, their
used oil feedstock (until assured of its
composition}. Any blending over current
practice that is required to meet the
specification would also involve
additional costs. However, these costs
are discretionary. Processors and
blenders have the choice of incurring the
additional cost of analyses (and perhaps
blending) and continuing to sell to the
nonindustrial market or to avoid those
costs by selling to the industrial
market.85
EPA has not determined the cost
impacts on nonindustrial fuel users of
having to stop using hazardous waste
fuel and off-specification used oil fuel
for the following reasons. First, EPA is
not sure that many of these users are
actually receiving price discounts for
their purchase of these waste fuels.
Investigations by New York City, New
Jersey and EPA indicate that, often,
nonindustrial buyers are not informed
they are buying waste fuel. Without
such knowledge, it seems unlikely that
fuel buyers would be able to obtain
discounts. Second, although some
nonindustrial users may be receiving
price discounts for waste fuel and,
therefore, will bear the cost of buying
higher priced fuel due to today's
proposal, EPA believes that the fuel
displaced from the nonindustrial
•• We hive estimated, however, that bated on
about 130 uied oil samples which were analyzed for
all four metals included in the specification, from 8
to 19% of used oil may meet the specification.
depending on where the lead specification level will
be set within the range of 10-100 ppm. If these
samples were blended with 90% virgin fuel oil with
a median metals content from 30 to 86% of the
samples would meet the specification, again
depending on promulgation of a lead specification
within the range of 10-100 ppm. Source: Franklin
Associates, Ltd.. (Unpublished data). April 27,1984
memorandum to EPA.
•* Although the cost of analyzing for chlorine to
determine if used oil will be presumed to be
hazardous waste under the rebuttable presumption
is not considered a discretionary cost, chlorine
analysis costs should not be substantial. We are
verifying the accuracy of a simple field test where a
copper win is dipped into the jample and observed
for color when passed over a flame (Beilstein's test).
In addition, analytical kits for field testing of oil to
determine chlorine content at various detection
limits are commercially available and cost only
about $3.00 per analysis. Even when a very small
tank truck is sampled (e.g.. 2003 gallon capacity),
this test would cost only about 0.1 cent per gallon.
When a more rigorous analytical test is needed.
costs could approach 2.5 cents per gallon for a 2000
gallon tanker. However, we believe that after
generator and collector credibility has been
established, processors/blenders would use the
inexpensive tests coupled with spot analytical
checks to ensure the 4000 ppm chlorine level is not
exceeded. These costs are not considered
substantial given that generators are typically paid
IS cent* per gallon for their oil.
markets will be channelled to industrial
users who can be expected to receive
similar price discounts. Therefore, there
should be no net increase in costs to
society due to these fuel shifts.
1. Unit Costs. The unit costs for these
proposed regulatory requirements are
estimated to be as shown in Table 5.
TABLE 5.— UNIT COST ESTIMATES
Notification !o EPA j S50 (a one-time cost). .
Manifest system for hazard- j
'ous wast* fuel: !
Start-up ; S100 (a one-time cost).
Supervision j SSOO/year for marketers.
SS30/year for burners.
Recordkeeping I $170/yoar
Fuel shipments/deliveries i S6/manrfest for marketers.
$2/manifest for burners.
Invoice system tor off-specifi-
cation used oil fuel:
Start-up $100 (a one-lime cost).
Supervision $360/year,
Recordkeeping $170/year.
Fuel shipments $2/invoice for marketers.
Certification to waste fuel
supplier of compliance with
waste-as-fuel rules:
Prepare notice ' $30 (a one-time cost).
Recordkeeping by initiator SlO/yr. •
and recipient. >
Testing lor used oil fuel ,
specifications (including
total chlorine test):
Analysis SISO/test.
Supervision S530/year.
Recordkeeping $170/year.
Storage tank interim status ,
standards for industrial i
borers and furnaces bum- i
ing Hazardous watte
fuck"
i
Gerard fsoBty standards..... i
Preparedness and praven-l
lien. |
Contingency and
emergency procedures. >
Manifest recordkeeping
Closure plan
Financial reouvements .
Tank inspection.................
Part A permit application I
$4.200 one-time and S900/
, year.
$2.800 one-lime and S200/
year.
$300 one-time and J100/
' year.
[See manifest system costs
above]
$200 one-time.
$2.000 one-lime and S2.000/
year.
$2.500 one-time and 52.000/
year.
$400 one-time.
"Baaed on data in Pope-Reid Assoc.. Inc., Unit Cott
Anttfia aiPtrtze* andPtn B Ttnk tndConUiner Stortff
sanco/as, April 1933. •
2. Costs for Typical Facilities.
(a) Marketers of Hazardous Waste
Fuel. Generators who market their
waste directly to a burner are subject to
most of the proposed requirements
under existing rules. (We assume that
nearly all hazardous waste fuels contain
listed wastes or sludges, and. thus, are
subject to storage and transportation
controls under existing rules.) The only
additional cost to these generator/
marketers would be for the waste-as-
fuel notification and recordkeeping of
burner certifications.
Third-party marketers (i.e., marketers
who did not generate the waste) usually
market hazardous waste fuel to a single
large burner customer (e.g., cemment
-------
Federal Register / Vol. 50, No. 8 / Friday. January 11. 1985 / Proposed Rules
1709
kiln or blast furnace) after processing or
blending. These marketers usually
receive hazardous waste feedstock
directly from generators. Given that
virtually all of these marketers most
likely accept wastes already subject to
storage controls (i.e., listed wastes and
sludges), their feedstock storage areas
are already subject to regulation.
However, these proposed rules would
subject hazardous waste fuel product
(i.e., hazardous waste-derived fuel)
storage areas to regulation for the first
time. Thus, the costs of these controls to
a third-party marketer of hazardous
waste fuel would consist of the costs for
renotification, compliance with the
manifest system for the fuel marketed,
keeping a record of the certifications
received from burners, and compliance
with storage requirements for product
hazardous waste fuel. Each facility
would incur a one-time cost of $50 for
notification. Even though these
marketers must already comply with the
manifest system for hazardous waste
they receive from generators (because
the wastes are likely to contain listed
wastes or sludges), to estimate
maximum cost of compliance with the
proposed rule we have estimated their
manifest system costs as if they are not
now in compliance. Thus, manifest
system expenses would consist of the
costs for start-up (a one-time expense of
$100), and manifest handling,
supervision, and record-keeping ($970
per year). It is assumed that a typical
facility originates 24 shipments of
hazardous waste fuel per year. Thus,
recurring cost for preparing manifests -
would total $144 per year ($6 x 24
manifests). In addition, the facility
would incur a recurring cost of $10 per
year to keep a record of the
certifications received from burners. The
cost of complying with the storage
requirements for the hazardous waste
fuel produced depends on whether the
marketer's hazardous waste feedstock
storage facility is still in interim status
or has been fully permitted. If it is still in
interim status, the cost of including the
hazardous waste fuel storage area in the
interim status permit should be minimal
(e.g., about $2000 to amend the
contingency and closure plans and the
Part A application). If the feedstock
storage facility has already been fully
permitted (under a Part B application), a
worst case cost scenario would be
where the permit must be amended to
such an extent that much of the
permitting process must be repeated.
Given that the cost of complying with
the Part. B permit procedures is
estimated to be a one-time cost of
$10,000 for a storage tank facility, the
cost to a marketer of complying with the
new storage requirements could range
from about $2,000 (where the storage
. facility is still invjnterim status) to a one-
time cost of $10,000 (wnere the storage
facility has received a permit and the
permit process must be essentially
repeated).
The typical facility in this category
would incur $2.150 to $10,150 in initial
costs as well as annual costs of $1110.
(Most marketers would incur the lower •
initial cost given that only about one1
third of storage facilities have been
permitted and that only one-third might
incur one-time costs on the order of
$10,150.) If one-time costs are
annualized over 20 years, total annual
costs to these marketers would range
from $1200 to $1800. If a marketer
initiates 24—4,000 gallon shipments per
year of hazardous waste fuel, the cost of
these regulations would range from
about one cent to less than two cents
per gallon of fuel.
(b) Burners of Hazardous Waste Fuel.
All burners of hazardous waste fuel
would incur the cost of notification or
renotification. For the estimated 1800
generators that burn hazardous waste
fuel on site, the only expense to them as
burners of such fuel would be a one-time
cost of $50 to renotify the Agency to
identify their waste-as-fuel activities
(i.e., burning).
For the estimated 200 facilities that
burn hazardous waste fuel already
subject to storage and transportation
controls (virtually all unprocessed,
unblended fuels), the cost of these
. regulations would-consist of the cost of
the certification to the supplier in
addition to the cost of renotifying EPA
as a hazardous waste fuel burner. No
new manifest or storage costs are
incurred because it is assumed that
burners invariably receive hazardous
waste fuel subject to manifest and
storage requirements under existing
rules (i.e., listed wastes and sludges).
Thus, the costs of these regulations
would be a one-time initial cost of $80
for renotification to EPA and the
certification to the supplier and a
recurring cost of $10 per year for keeping
a copy of the notice.
For the estimated 200 facilities that
burn hazardous waste-derived fuel (i.e.,
hazardous waste fuel produced by
processing, blending, or other treatment
of hazardous waste), the costs of these
regulations would consist of the ,
expenses of the manifest system,
certification to the marketer, notification
to EPA, and compliance with storage
requirements. Manifest system costs
would be those for manifest handling ($2
per fuel delivery) and for supervision _
and recordkeeping (S700 per year). If it
is assumed that a typical burner
receives 24 deliveries of hazardous
waste fuel annually, manifest handling
costs would be $50 per year. The cost of
notifying the fuel marketer would be a
one-time cost of $30. and the cost of
keeping a copy of the notice would be a
recurring cost of $10 per year. Storage
requirement costs would be a one-time
cost of $12.400 and a recurring cost of
$5.200. Therefore, the typical facility in
this category could incur S12.500 in
initial (i.e., one-time) costs as well as
annual expenses of 86,000. Thus, the
annualized cost for these facilities could
total approximately $7,000, which
represents a cost of 7 cents per gallon of
hazardous waste fuel burned.
(c) Marketers of Used Oil Fuel That
Meets the Specification. This is a
summary of the costs of these
requirements to a person who markets .
used oil fuel that meets the specification
(and that does not contain more than
4000 ppm total chlorine), and who is: (1)
A generator marketing to a burner; (2) a
marketer who receives any used oil from
a generator or from a collector (who
receives used oil from a generator): or
(3) a marketer who receives off-
specification used oil from another
marketer and who produces
specification used oil fuel by processing,
blending, or other treatment. The costs
to these marketers would consist of the
costs for notification and testing
(including supervision and
recordkeeping). Notification entails a
one-time expense of $50. The costs for
testing for lead, arsenic, chromium.
cadmium. PCBs, total chlorine content.
and flash point are at most $150 per
sample.87 The costs for supervision of
testing and recordkeeping are $700 per
year. It is assumed that the typical
facility of this kind handles 400.000
gallons of used oil annually and
originates 100 shipments of used oil fuel
per year, and that the operator would
test large batches (e.g., a 30,000 gallon
tank) of used fuel oil rather than each
shipment, amounting to approximately
12-14 analyses pr year ($2000/yr). In
addition, it is assumed that the marketer
would test each truck load of used oil he
receives to ensure that it contains less
than 4000 ppm chlorine and thus would
not be considered (automatically) to be
hazardous waste under the rebuttable
presumption of mixing. To estimate
" This assumes (he sample is analyzed by a
contract laboratory. In-house testing would be less
costly. Costa for testing for PCBs is not included
because existing rules (See 40 CFR Part 7611 limit
PCBs to SO ppm (i.e.. wastes with more than SO ppm
PCBs are already subject to regulation when burned
for energy recovery).
-------
1710
Federal Register / Vol. m. Nn . , ........ f
mr ""ISM?"'!118 Costs- " is assumed that:
(1) Individual 2000 tank trucks of
incoming used oil are sampled and
(2) ?% ot, the oil is
analvtlcal methods
/ Proposed Rules
n
o e oil w analysed using field
kits of prepared indicator solutions at S3
per analysis (or 0.15 cents/gallon of oil?
Under these assumptions, testing of
rncommg used oil for total chlorine
would cost S1540 annually. Therefore
the typical facility in this category
would incur S50 in initial one-time costs
" as »? «o $4240 in annual costs,
regulations to a marketer of off-'
specification used oil fuel would consis
or tne costs for notification to EPA. the
invoice system, keeping copies of
certifications from product purchasers
(i.e., burners or other marketers), and
analyses for total chlorine to ensure the
oil is not presumed to be hazardous
waste under the rebuttable nrpqnmnn^r,
of mixing. Each facility SECK
adHIH mf>,C03t °{Sf° for notification. In
addition, there would only be an
incremental cost for the invoice system
requu-ed by these regulations because
under current, common practice.
invoices are already prepared for
shipments of fuel. The incremental costs
would consist of costs for start-up (a
one-time expense of $100). invoice
preparation (SZ per fuel shipment or $200
annually if a typical facility handles
400,000 gallons of used oil annually and
£nn ,,ante? 100,ahiPments of used oil fuel
annually), and supervision and
S, eepi!l? f?530 Der year). The
facility woud also incur the $10 per year
cost of keeping a record of the
"p/n^1'0," fl?m:,t!he product P^chaser.
Finally, the facility owner/operator
may choose to test the used oil he
receives and his used oil fuel product to
ensure hat it contains less than 4000
ppm chlorine and. thus, would not be
considered (automatically) to be
hazardous waste under the refauttable
presumption of mixing. Although some
marketers may choose to test only the
oil they receive, others may sample and
analyze the used oil fuel product as well
to assure purchasers that it does not
contain chlorinated hazardous waste.
To provide a worst-case cost estimate it
's.,assuraed that: (1) All incoming used
oil and product used oil fuel is tested for
chlorine: (2) individual 2000 gallon tank
s of incoming used oil are sampled
and analyzed: (3) 10% of incoming used
oil s analyzed by ASTM analytical
methods at $50 per analysis (or 2 5
cents/gallon of oil); (4) 90% of incoming
used oil ,s analyzed using field kits of
prepared indicator solutions at $3 ner
analysis (or 0.15 cents/gallon of oil): (s)
?n ™ X*1 Pr°duct is samP'ed from
30 000 gallon tanks and is analyzed by
ASTM analytical methods at $50 per
analysis (or 0.17 cents/gallon of fuel):
and (6) supervision of testing costs $530
annually and recordkeeping of analyses
costs $170 annually. Chlorine tesHng
could cost $2900 annually under these
assumptions ($2200 for analyses plus
$700 for supervision and recordkeeping).
Therefore, a marketer of off-
specification used oil fuel could incur
$150 in one-time initial costs plus $3640
m annual costs, which would add about
0.9 cents to a gallon of used oil fuel
The costs of these proposed rules to
marketers (e.g., distributors) who
receive off-specification used oil fuel
from other marketers would be the same
as presented above, except these
marketers would incur the additional
one-time expense of $30 to prepare
certifications to suppliers. Thus, the
total costs to these marketers could be
an initial cost of $180 plus $3640 in
annual costs. (Given that 80% of the
annual cost estimate is for testing for
chlorine content, the annual cost
estimate may be grossly overstated for
distributors because they receive used
o I from other marketers who have
already tested for chlorine under the
assumptions of the previous scenario).
(e)\Burners of Used Oil Fuel that
Meets the Specification. Burners of used
oil fuel that meets the specification
would not be subject to any new
requirements under these regulations.
Therefore, they would not incur any new
deliveries per year). The one-time cost
ot the notice (certification) to the
supplier would be S30. and the
recordkeeping cost for the notice would
be $10 annually. Therefore, the typical
facil, y ,n this category would incur an
initial one-time cost of $80 as well as
annual expenses of $590.
3. Estimated National Costs. In the
absence of complete data on the
universe of facilities that market and
burn hazardous waste and used oil
- tuels it is impossible to estimate with a
high degree of precision the national
cost impacts of these regulations. The
notification process will enable EPA to
identify the affected facilities and to
estimate more accurately the costs of
compliance with the rules proposed
today as well as the costs of the
technical regulations on burning in
industrial boilers and furnaces that will
be proposed in 1986.
These cost estimates are based on
assumptions that reflect worst-case
conditions with respect to number of
marketers and burners subject to
regulation. For example, we believe that
the estimate of the number of off-
specification used oil fuel burners is
mgn. The figure estimated (30,000) mav
approximate the number of burners of
used oil fuel but some of that used oil is
likely to meet the specification and be
exempt from regulation. Thus, the
number of burners subject to these rules
.is probably overstated. As a result.
these estimates are conservative and
more closely approximate maximum
rather than actual costs. These costs are
summarized in Table 6.
TABLE 6.—Summary of National Cost
Estimates
[Dollars in thousands]
trucks
AM ._' ^'J~JPBC'r'cauon Used
~"j ~T,"* " burners of off-specification
used oil fuel would incur theone-Hme
cost of notification. For facilities that
burn off-specification used oil fuel
which is generated on site, the only
«nP, wS£ t0 them as burners of such fuel
would be a one-time cost of $50 for
notification to EPA.
For facilities that burn off-
specification used oil fuel that is
delivered to them the expenses that
woud be incurred because of these '
regulations are the costs of notification.
compliance with the invoice system, and
prov ding the certification to the
supplier. The incremental costs of the
invoice system would be for supervision
ta? ™ordkeePing ($530 per year), and
tne cost of invoice handling ($50 per
year at $2/invoice and assuming 24
Notification
Manifest system "
Invoice system
Certification to suppliers..
Used oil analysis:
Specification oil
Off-jpeeification oil.
Storage
20
$372 , 373
- , 16.875 , 18.880
882 I 301 , 3«o
322 I 322
'.984 i 1.964
1.040 • 1,289
(a) Notification Costs. Hazardous
waste fuel and off-specification used oil
tuel marketers and burners would be
required to notify (orrenotify) to
identify their waste-as-fuel activities.
rne universe of marketers probablv
includes persons in the following
categories: Hazardous waste processors
ana blenders, hazardous waste
generators who market hazardous waste
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Federal Register / Vol. 50, No. 8 / Friday, January 11, 1985 / Proposed Rules
1711
fuel to b.urners, used oil collectors who
sell directly to burners, used oil
processors and rerefiners, and
wholesale and retail dealers of virgin
fuel oil who continue to handle off-
specification used oil fuel. The universe
of marketers is estimated to number
about 1200.89 (See Table 7.)
TABLE 7.—ESTIMATED NUMBER OF MARKET-
ERS AND BURNERS THAT WOULD BE REGU-
LATED
Hazardous waste
Marketers
Other marketers (third.party processors,
blenders, distributors!
Burners
On site
Olf sitei
Receive fuel from generators
Receive fuel from trwd-party marketers
(processors. Menders, distributors)
Off-Specification Used Oil Fuel
Marketers
Other marketerst
Third.party processors, blenders, distnbu-
Collectors marketing to burners
Burners „
On site
Off site „._...!. .
Total: Approximately
Number
400
200
200
2.000
1 600
200
200
2.400
780
o
500
250
10
30.000
1 500
28.500
30.760
33000
The universe of burners that would be
subject to the notification requirement
consists of all facilities in the utility and
industrial sectors that burn hazardous
waste or off-specification used oil fuel.
(Under these regulations, burning of
these fuels would be allowed in utility
and industrial boilers and industrial
furnaces, but would be prohibited in
boilers at residential, institutional, and
commercial locations.) To estimate
maximum impact, we assume that used
oil fuel is burned in a maximum of
30.000 boilers and that all of the boilers
burn off-specification used oil fuel.90
Finally, we estimate that hazardous
waste is burned in 2000 industrial
boilers and furnaces. Although many
facilities burn waste in more than one
burner, only one notification would be
required for each facility. Therefore, we
estimate the maximum size of the burner
universe is about 32,000. The maximum
total number of notifiers (i.e., marketers
and burners) is estimated at 33,000.
Therefore, the maximum cost of
notification, at $50.,per. facility, would be
$1,658 million.91 (This is a one-time
cost.)
(b) Manifest System Costs. The
Agency made a number of assumptions
to estimate the cost of complying with
the manifest system: (1) 200 facilities
burn hazardous waste-derived fuel (i.e.,
hazardous waste fuel produced by
processing, blending, or other treatment
of hazardous waste) that is currently
exempt from regulation: (2) each burner
of hazardous waste-derived fuel
receives 24 deliveries fo fuel annually;
(3) each of the 200 marketers of
hazardous waste-derived fuel originates
24 shipments of fuel per year; and (4)
there are 4,800 shipments of hazardous
waste-derived fuel annually.
Based on these assumptions, the
manifest system requirement for
shipments of hazardous waste-derived
fuel would entail the following costs: (1)
Initial one-time start-up costs ($100 X
200 marketers); and (2) annual costs for
manifest handling ($8 X 4,800
manifests), and for system supervision
and recordkeep'ing by marketers ($970
X 200 marketers) and by fuel burners
($700 x 200 burners). Therefore, the
estimated (incremental) national costs
of the manifest system requirement
would be an initial one-time cost of
$20,000 plus annual costs of $372,000.
(c) Invoice System Casts. .The Agency
made the following assumptions to
estimate the incremental costs of
complying with the invoice system for
off-specification used oil shipments
(costs in addition to those already
incurred as a result of typical business
practice): (1) The number of facilities
that burn used oil fuel is the same as the
number of boilers that burn used oil
(30,000) even though a facility may have
several boilers that burn used oil; (2) all
30,000 burners burn off-specification
used oil; (3) 95% of the burners (i.e.,
28,500) accept off-specification used oil
fuel generated off site (i.e.. they are off-
site burners); and (4) each burner
receives 24 deliveries of used oil
annually so that annual shipments total
684,000 nationally.
Based on these assumptions.
compliance with the invoice system for
shipments of off-specification used oil
would entail the following costs: (1)
Initial start-up costs ($100 x 760
marketers); and (2) annual costs for
invoice preparation ($2 x 684,000
shipments of off-specification used oil
fuel), and for system supervision and
recordkeeping by intermediaries (S530
X 760 marketers) and burners ($530 x
28,500 burners). Therefore, the estimated
maximum costs of the invoice
requirement would be an initial (i.e.,
one-time) cost of $76,000 plus annual
costs of $16,875 million
(d) Cost of Certification to Suppliers.
The Agency made the following
assumptions to estimate the cost of
providing a certification to suppliers
(and for recordkeeping by both parties)
indicating that a recipient has notified
EPA of his waste-as-fuel activities: (1)
400 burners receive hazardous waste
fuel from off site and must comply: (2)
400 hazardous waste fuel marketers sell
to off-site burners and must comply: (3)
28,500 burners receive off-specification
fuel from off site and must comply: (4)
all used oil fuel marketers (except
collectors who market to burners)
receive off-specification used oil from
other marketers at some time during
their operations and, therefore, must
comply; (5) used oil fuel marketers,
except collectors who market to burners,
number 510 facilities (see Table 7}; and
(6) used oil collectors who sell directly
to burners number 250 (and must obtain
notices from those burners).
Based on these assumptions, the cost
of providing certifications and
recordkeeping would be an initial (one-
time) cost of $882,000 and a recurring
cost of $301,000 per year. (See Table 8.)
TABLE 8.—COST OF CERTIFICATION REQUIREMENTS
Person
Burners (offsite)
Hazardous waste fuel marketers
Used oil marketers other than collectors...
Used oil collector/marketers
Total
Number of
persons
28 900
400
510
250
One-time
cost/fac.
(dollars)
30
30
National one-
time costs
(dollars in
thousands)
15
882
Annual cost/
lac. (dollars)
10
10
10
10
National
annual costs
(dollars in
thousands)
4
5
3
301
"Estimates of used oil marketers (760) are from
Franklin Associates. Ltd.. Composition of Used Oil.
pp. 4-4 through 4-20.
90 The number of hazardous waste fuel and used
oil fuel burners wai estimated from preliminary
results of the mail questionnaire turvey.
"' This does not include the notification cost that
would be incurred by hazardous waste fuel
transporters not already subject to regulation—
those that transport hazardous waste-derived fuel.
We believe that there are fewer than 200 of these
transporters and the cost of complying with the 40
CFR Part 263 requirements is relatively
insignificant: national one-time cost of S10.000 for
notification and $2.000 annual cost for manifest
recordkeeping.
466-216 O - 85 - 2
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Federal'Register / Vol. 50, No. 8 / Friday, January 11, 1985 / Proposed Rules
(e) Used OH Analyses. The Agency
made the following assumptions to
develop a worst-case cost estimate for
analyzing used oil to determine if it
meets the specification and if it contains
more than 4000 ppm total chlorine (and
would be considered hazardous waste
under the rebuttable presumption of
mixing): (1) 10% of the estimated 760
used oil fuel marketers market
specification used oil fuel and would be
required to test for the specification
parameters; (2) 90% of the used oil fuel
marketers market off-specification used
oil fuel and would not be required to test
for the specification parameters; and (3)
even though analysis of used oil for total
chlorine is not required, all used oil fuel
marketers test all incoming used oil and
all outgoing used oil fuel product for
total chlorine because of the
consequences of being in possession of
used oil with more than 4000 ppm
chlorine (i.e., under the rebuttable
presumption, such oil is hazardous
waste]. As discussed above, a marketer
of specification used oil fuel could incur
the following costs under these
assumptions: (1) S700 annual cost for
supervision of testing and
recordkeeping; (2) $2000 annual cost for
testing of used oil fuel product for
specification parameters as well as for
chlorine (assuming facility markets
400,000 gallons of used oil fuel annually,
operators sample and analyze 30,000
gallon tank "batches" of fuel, and
analytical tests cost SISO/test); and (3)
$1540 annual cost for testing used oil
received from others (assuming 2000
gallon tank truck loads are sampled and
analyzed. 10% of incoming used oil is
analyzed by ASTM analytical
procedures at SSO/test, and 90% of
incoming used oil is analyzed using field
kits of prepared indicator solutions at
S3/test], Thus, marketers of
specification used oil fuel could incur a
national cost for analyses of $322,000
annually (76 facilities X $4240).
Marketers of off-specification used oil
fuel could incur the following costs
under these assumptions: (1) $700
annually for testing supervision and
recordkeeping; (2) $867 annually for
testing used oil fuel product for chlorine
(assuming facility markets 400.000
gallons of used oil fuel annually,
operators sample and analyze 30.000
gallon tank "batches" of fuel, and
analytical tests cost SSO/test); and (3)
$1540 annually for testing used oil
received from others (assuming 2000
gallon tank truck loads are sampled and
analyzed, 10% of incoming used oil is
analyzed by ASTM analytical
procedures at $50/test. and 90% of
incoming used oil is analyzed using field
kits of prepared indicator solutions at
$3/test). Thus, marketers of off-
specification used oil fuel could incur a
national cost for analyses of $1,984
million annually (684 facilities X $2900).
(f) Storage Costs for Burners. The
Agency made the following assumptions
to estimate the cost for hazardous waste
fuel burners to comply with the interim
status storage standards: (1) Of the
estimated 400 burners of hazardous
waste fuel received from off site, 200 are
assumed to be receiving processed or
blended fuels (such fuel is exempt from
storage (and transportation) standards
under existing rules); and (2) none of
these 200 burners is currently subject to
RCRA storage, treatment or disposal
standards for other hazardous waste
(and, thus, the facility has not already
complied with some of the hazardous
waste management facility standards).
Based on these assumptions and the
unit costs presented above, the cost of
compliance with interim status storage
standards for hazardous waste fuel
burners (not already subject to storage
standards under existing rules) would
be an initial (one-time) cost of $2.48
million ($12,400 x 200 burners) and a
recurring cost of $1.04 million per year
($5,200 x 200).
The one-time cost can be annualized
over 20 years at a real interest rate (i.e.,
without considering inflation) of 3% to
spread out,the cost burden. Thus, the
resulting annual cost could be $1.2
million for storage in 1983 dollars
(annualized one-time cost of $167,000
plus annual costs of $1,040 million.
(g) Storage Costs for Marketers. The
proposed rule would regulate for the
first time the storage of a marketer's
hazardous waste fuel produced by
processing, blending, or other treatment
of hazardous waste. As explained
elsewhere, since we believe virtually all
marketers use hazardous waste
feedstock that contains listed waste or
sludges that are subject to storage and
transportation controls under existing
rules, their feedstock storage areas are
already subject to RCRA storage
standards. However, these proposed
rules would for the first time subject
their hazardous waste fuel product
storage area to regulation.
The Agency made the following
assumptions to estimate the cost of the
new storage controls for these
marketers: (1) Hazardous waste
feedstock storage areas for one-third of
the 200 such marketers have already
been fully permitted (under Part B
application procedures) and would incur
a cost of $10,000 to repeat the permitting
process to include waste fuel product
storage areas; and (2) the remaining
marketers whose feedstock facilities are
still in interim status would incur a cost
of $2000 to amend the Part A application
and plans for closure, emergency
procedures, financial assurance,
training, and inspections to include the
waste fuel product storage area. Thus.
the national cost of compliance with the
proposed storage controls for these
marketers would be a one-time cost of
$928,000 (200 x .33 x $10,000 for
permitted facilities plus (200 x .67 x
$2000 for facilities in interim status).
This is equivalent to an annualized
national cost (over 20 years) of $62,380.
C. Impacts on the Used Oil Recycling
Industry
EPA is required by Section 3014 of
RCRA to: (1) Establish regulations
necessary to protect the public health
and the environment from hazards
associated with recycled oil; and (2)
determine the effect of the regulations
on environmentally acceptable types of
recovery or reuse of used oil. What
follows is a summary of EPA's
determinations concerning impacts of
the rules proposed today on used oil
recycling and the oil recycling industry.
1. Description of the regulated
universe. The roles proposed today
pertain to only one market for recycled
oil: Use as fuel. Although much used oil
is used as fuel (about 520 million of the
1.2 billion gallons generated each year),
significant quantities are also used for
dust suppression and rerefining to.
produce lubricants. EPA estimates that
approximately 750 marketers have as
their primary business the collection,
processing, or blending of off-
specification used oil that is ultimately
burned as fuel. Some data also suggest
that a significant (but undetermined)
number of establishments whose
primary business is the distribution of
virgin commercial fuel oil are also
buying used oil, blending it with fuel oil,
and subsequently reselling the blended
fuel. EPA estimates that as much as 200
million gallons of used oil fuel passed
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3733
through commercial fuel oil
establishments in 1982. EPA does not
know how much of this used oil fuel was
then sold to industrial versus
nonindustrial boiler owners. However,
investigations by New Jersey, New York
City, Philadelphia, Pennsylvania, and
the U.S. Environmental Protection
Agency have produced data that
confirm the allegation made by several
parties that used oil fuel has been sold
to residential, institutional, and
commercial boiler owners in the
northeastern United States. EPA
believes that in some cases boiler
owners are offered discount prices for
the used oil fuel (10% is reportedly the
common discount} but that in other
cases, the used oil fuel is sold as "fuel
oil" at the full market price, often
without the knowledge of the buyer.
The previous discussion pertained to
the types of marketers and burners that
would be affected by today's proposed
used oil rules. With respect to the types
of used oils that would be affected by
the proposed rule-, EPA has found that
all used oils would be affected to some
extent. Both automotive and industrial
used oils may contain metals at or
above the specification levels, chlorine
at or above the level for the presumption
of mixing,92 and flash point below die
specification level. However, used
crankcase oil from cars burning leaded
gasoline would be affected to a greater
extent than other used oils. This is
because the lead levels in these oils can
exceed the specification level by one or
two orders of magnitude (depending on
where the lead specification is selected
within the range of 10 to 100 ppm for
final promulgation), while metals
concentrations in other used oils would
not generally exceed any of the
specification levels by more than half an
order of magnitude. Thus, used
crankcase oil from leaded gasoline
engines would require more blending or
treatment to meet the specification.
2. Impacts at the facility level.
(a) General impacts. A large
percentage of the facilities in the used
oil recycling industry would be affected
to some degree by today's proposed
rules because most of these facilities, at
one time or another, handle used oil that
is ultimately used as fuel. Nearly all of
the estimated 250 used oil processors
produce used oil fuel products. Some
used oil collectors market used oil fuel
direcdy to burners; rerefiners also.
" Although crankcase oils generated by typical
automotive service and repair shops do not exceed
the 4000 ppm chlorine level for the rebuttable
presumption of mixing, crankcase oil is often mixed
with spent chlorinated solvents by collectors or
used oil processors/blenders.
produce fuel by-products. An estimated
30,000 facilities are currently burning oil
fuel. However, the imp'acts of today's
proposed rules ommost of these
facilities would be minor. As was
described earlier, the costs for
notification, the invoice system,
certifications, and chlorine testing under
today's proposal could amount to about
$3650 per year for fuel sellers and $600
per year for fuel buyers. EPA does not
expect these costs to have significant
impacts on the used oil fuel market.
Used oil fuel would still be an attractive
substitute for commercial fuel oil, and in
general, sale of used oil fuel would
remain a profitable enterprise. However,
those establishments that have been
selling used oil fuel to residential,
commercial, or institutional boiler
owners could be affected to a significant
extent by portions of today's proposed
rules as discussed below. Likewise,
facilities that have been supplying used
oil to distributors for resale could also
be affected by restrictions on sales to"
nonindustrial fuel users.
(b) Impacts of restrictions on sale to
nonindustrial boilers. EPA is proposing
several restrictions on the sale of used
oil fuel to residential, institutional, and
commercial boiler owners. First, used oil
mixed with hazardous waste (other than
exempt hazardous waste generated by
small quantity generators) cannot be
sold to this market. Second, used oil fuel
with a flashpoint of less than 100* F
cannot be sold to the restricted market.
And third, used oil fuel sold to the
restricted market must have less than
specified concentrations of arsenic,
cadmium, chromium, lead, and PCBs. as
defined by the used oil fuel
specification. In addition, total chlorine
would be limited by the presumption of
mixing chlorinated wastes.
The facilities currently selling used oil
fuel directly to the restricted market
would, under today's proposal, have to
undertake special procedures in order to
continue these sales. Before selling to
the restricted market, the distributor
would have to ensure that the used oil
fuel met all of the criteria described
above. In general, the facilities currently
selling to the restricted market have
only limited treatment capabilities.
These facilities have been'blending used
oil and virgin fuel oil: this treatment
method does not remove contaminants
and it is not clear how many operators
can economically produce used oil fuel
that meets the specification. EPA
expects that under today's proposal
most of the facilities currently selling
used oil/virgin fuel oil blends to the
restricted market would follow one of
two possible courses: (1) They would
continue to accept off-specification used
oil fuel but would resell it only to the
industrial boiler market; or (2) they
would accept only used oil fuel that
already met the specification (or that
they could blend down to meet the
specification) and would continue sales
of blended oils to the restricted market.
Used oil processors would either have
to segregate used oils low in metals, or
process or blend the used oil to reduce
the concentration of these contaminants
in order to supply distributors selling to
the nonindustrial market. It is not clear
how much "clean" (specification) used
oil fuel would be produced by these
practices. Current used oil collection
practice is to pick up used oil from many
diverse sources without segregation.
Processors with their own vehicles
could segregate clean oils to some
extent, depending on their fleet and tank
capacity. The common treatment
methods employed in1 the used oil
recycling industry do not remove the
contaminants included in the proposed
specification to any significant degree.
An exception is that dehydration (the
stripping of water and low oiling
hydrocarbons through heating), which is
practiced by some processors and
rerefiners, does produce a light fuel
stream which is low in metals.
(However, if chlorinated .solvents are
present in incoming used oil, this fuel
stream will be high in chlorine.)93 EPA
expects that it may not be economically -'
feasible to blend some used oils to meet
the specification for arsenic, cadmium,
chromium and, particularly, lead. The
only process that removes metals to the
degree necessary to meet the proposed
specification is distillation. Distillation
is currently employed by only a handful
of facilities; and these facilities use
distillation to produce lubricants, not
fuels.
If used oil fuel, either segregated or
treated, is to be sold as specification oil.
processors will also have to make
arrangements for analysis. Neither
processors nor distributors typically
have laboratory capabilities on site that
could show compliance with today's
proposed specification; however,
contract laboratories do offer services
for the parameters in the specification.
" The used oil fuel produced would be subject to
regulation as hazardous waste fuel if it is known
that the used oil feedstock contained hazardous
waste (other than exempt small quantity generator
hazardous waste), or if the used oil fuel itself
contained more than 4000 ppm total chlorine and
the processor could not demonstrate that the used
oil feedstock did not contain hazardous waste
(other than exempt small quantity generator
hazardous waste).
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Federal Register / Vol. 50. No. 8 / Friday. January 11, 1985 / Proposed Rules
As indicated in the "Cost Data"
section of this preamble. EPA estimates
that a facility could incur a cost of about
S4240 per year due to today's proposed
rules, which could add about 1 cent per
gallon to the cost of used oil fuel
(exclusive of costs that may be incurred
for additional processing or blending to
meet the specification).
Despite the difficulties described
above in producing a specification fuel
product from some used oils, it can be
expected that some processors would
produce a specification fuel product and
they would still be able to enter into
long-term agreements with distributors
selling to the nonindustrial markets.
Processors who cannot produce such a
fuel would either have to market their
fuel directly to industrial users, or enter
into agreements with distributors
servicing the Industrial market.
3. National Scale Impacts. Based on
the discussions above, EPA has
concluded that under today's proposed
specification a significant portion of the
used oil-fuel currently being sold to the
residential, institutional, and
commercial market would no longer be
sold to this market. EPA estimates that
as much as 100 million gallons of used
oil Is sold to this market annually. Even
if all of this total is no longer sold to the
restricted market. EPA believes that
alternative uses exist and that no used
oil would be disposed of due to today's
proposed rules. One alternative use is
the industrial fuel market. EPA
estimates that about 500 of the 600
million gallons of used oil fuel burned
each year is burned in industrial boilers..
In 1975. the industrial fuel market
consumed over 5 billion gallons of
residual fuel oil. The 100 million gallons
of used oil fuel potentially displaced by
today's proposal could easily be
absorbed by the industrial fuel market.
The other alternative use for used oil is
as a feedstock for rerefining. Used
automotive oil, which would be
significantly affected by today's
proposed lead specification, is a very
desirable feedstock for rerefiners. To the
extent the used oil fuel market is
restricted by today's proposal, rerefiners
should be able to obtain more used oil
as feedstock. [Rerefiners are currently
not operating at full capacity. A major
reason for this is that due to the great
demand for used oil as fuel, they are
unable to obtain sufficient feedstock at
prices low enough to produce
competitively-priced lubricants.)
In summary. EPA has determined that
today's proposed rules would not
discourage the recycling or reuse of used
oil. Less used oil would be sold to
nonindustrial fuel users, but that oil
should be sold to industrial fuel users or
to rerefiners.
XIII. Solicitation of Public Comment and
Announcement of Public Hearings
The Agency invites comment on any
and all aspects of this proposed
regulation. EPA specifically requests
comment on issues including the
following: The used oil fuel specification
parameters and allowable levels,
including in particular, the lead
specification; the total chlorine level
selected for the rebuttable presumption
of mixing chlorinated hazardous waste
with used oil; risks posed by used oil
space heaters and the practicality of
control options; prohibiting the burning
of hazardous waste and off-specification
used oil in very small industrial boilers;
and, exemption from the prohibition on
burning in nonindustrial boilers of
"ignitable-only" hazardous waste fuel
with a flash point greater than 100° F.
In addition, the Agency requests
comments on the following effective
dates for the final rule. Given that the
final rulemaking is scheduled to be
published in the Federal Register in late
1985. the Agency intends to expedite
implementation of the rule to make the
requirements effective for as much of
the 1985-86 heating season as possible.
Winter is the prime burning season for
waste fuels and risks are highest at that
time. The following effective dates will
expedite implementation while allowing
time-for the regulated community to
comply with the requirements and the
Agency and the States to administer the
rule.
1. Prohibitions. The following
prohibitions would be effective 10 days
after publication of the final rule in the
Federal Register: (a) Prohibition on
marketing hazardous waste fuel and off-
specification used oil fuel to owners and
operators of nonindustrial boilers (see
§§ 266.31(a)(2) and 266.41(a)(2)J; and (b)
prohibition on burning hazardous waste
fuel and off-specification used oil fuel in
nonindustrial boilers (see §§ 266.31(b)
and 266.41{b]).
2. Notification. Hazardous waste fuel
and off-specification used oil fuel
marketers and burners would have 30
days after publication of the final rule in
the Federal Register to notify regarding
their waste-as-fuel activities (see
§§ 266.34(b). 266.35(b), 26.42(b)(2),
268.43(b)(3) and 286.44(b)).
3. Storage Controls. The storage
controls for hazardous waste fuels (see
§§ 266.34(c) and 266.35(c)) would be
effective 180 days after publication of
the final rule in the Federal Register. We
believe it is not practical to shorten this
effective date given that owners and
operators may be required to prepare
permit applications, develop plans and
procedures for training, emergency
response, etc. and, in some cases,
complete physical changes to facilities
(e.g., fencing, signs).
4. Other Provisions. All other
provisions (e.g., manifest and invoice
requirements, used oil analyses.
recordkeeping) would be effective 90
days after publication of the final rule in
the Federal Register.
•The Agency will hold the following
public hearings:
February 15. 1985
U.S. EPA, 26 Federal Plaza. Conference
Room 305, New York, New York 10278
February 21.1985
Ramada Inn Hobby Airport West,* 7777
Airport Boulevard, Houston, Texas
777061 (713) 644-1261
February 25,1985
Torrance Marriott,* 3635 Fashion Way,
-Torrance, California 90503 (213) 316-
3636
The hearings will begin at 9:30 a.m.
(registration at 9:00 a.m.) and will end at
4:30 p.m., unless concluded earlier. EPA
encourages all interested persons to
attend the public hearings. If you would
like to present an oral statement at one
of the hearings, please notify in writing,
Ms. Geraldine Wyer, Office of Solid
Waste (WH-562), U.S. EPA Washington,
D.C. 20460.
Oral and written statements may be
submitted at the public hearings.
Persons who wish to make oral
presentations must restrict their
presentations to 10 minutes and are
encouraged to have written copies of '
their complete comments for inclusion in
the official record.
XIV. List of subjects in 40 CFR Part 266
Hazardous materials.
Dated: January 2,1985.
William D. Ruckelshaus,
Administrator.
It is proposed to amend 40 CFR Part
266 by adding Subparts D and E to read
as follows. Conforming revisions to 40
CFR 261.6 would also be required but
are not presented here given that the
Agency is in the process of promulgating
extensive revisions to that section. (See
proposal to revise § 261.6 in 48 FR 14472
(April 4,1983).)
'Hotel rooms have been blocked for the
convenience of attendees requiring overnight
accommodations. When making reservations,
please indicate you are attending the U.S. EPA
public hearing.
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Federal Register / Vol. 50, No. 8 / Friday, January 11, 1985 / Proposed Rules
PART 266—STANDARDS FOR THE
MANAGEMENT OF SPECIFIC WASTES
AND SPECIFIC TYPES OF FACILITIES
Subpart 0—Hazardous Waste Burned for
Energy Recovery
Sec.
266.30 Applicability.
266.31 Prohibitions.
266.32 Standards applicable to generators
who burn or market hazardous waste
fuel.
266.33 Standards applicable to transporters
of hazardous waste fuel.
266.34 Standards applicable to marketers of
hazardous waste fuel.
286.35 Standards applicable to burners of
hazardous waste fuel.
Appendix to Subpart D—Form—Notification
to EPA of RCRA Subtitle C Activity (EPA
Form 8700-12 (Revised))
Subpart E—Used Oil Burned for Energy
Recovery
Sec
266.40 Applicability.
266.41 Prohibitions.
266.42 Standards applicable to generators
who burn or market used oil fuel.
266.43 Standards applicable to marketers of
used 'oil fuel.
266.44 Standards applicable to burners of
off-specification used oil fuel.
Appendix to Subpart E—Form—Notification
. to EPA of RCRA Subtitle C Activity (EPA
Form 8700-12 (Revised))
Authority: Sections 1006. 2002(a), 3001.
3002, 3003, 3004. 3005. 3007. 3010. and 3014 of .
the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act
of 1976 (RCRA); the Quiet Communities Act
of 1978: the Solid Waste Disposal Act
Amendments of 1980; the Used Oil Recycling
Act of 1980; and the Hazardous and Solid
Waste Amendments of 1984 (42 U.S.C. 6905,
6912(a), 6921, 6922. 6923, 6924. 6925. 6927.
6930. and 6932).
Subpart D—Hazardous Waste Burned
for Energy Recovery
§266.30 Applicability.
(a) The regulations of this subpart
apply to persons who manage hazardous
waste that is burned for energy recovery
in any boiler or industrial furnace that is
not regulated under Subpart O of Part
264 or 265 of this chapter, except as
provided by paragraph (b) of this
section. Such hazardous waste is termed
"hazardous waste fuel". Hazardous
waste fuel includes any fuel produced
from hazardous waste by processing,
blending, or other treatment.
(b) The following hazardous waste is
not subject to regulation under this
subpart:
(1) Used oil burned for energy
recovery that is also a hazardous waste
solely because it exhibits a
characteristic of hazardous waste
identified in Subpart C of Part 261 of this
chapter, provided it is not mixed with a
hazardous waste. Such used oil is
subject to regulation"under Subpart E of
Part 266 rather than this subpart;
(2) Hazardous waste that is exempt
from regulation under § 261.4 of this
chapter and hazardous waste that is
subject to the special requirements for
small quantity generators under § 261.5
of this chapter.
§266.31 Prohibitions.
(a) A person may market hazardous
waste fuel only:
(1) To persons who have notified EPA
of their hazardous waste fuel activities
under Section 3010 of RGRA and have
an EPA identification number; and
(2) If the fuel is burned, to persons
who burn the fuel in boilers or furnaces
identified in paragraph (b) of this
section.
(b) Hazardous waste fuel may be
burned for energy recovery in only the
following boilers or furnaces:
(1) Industrial furnaces:
(2) Industrial boilers used to produce
electric power, steam, or heated or
cooled air or other gases or fluids for use
in a manufacturing process; or-
(3) Utility boilers used to produce
electric power, steam, or heated or
cooled air or other gases or fluids for
sale.
§ 266.32 Standards applicable to
generators who burn or market hazardous
waste fuel.
(a) Generators who send hazardous
waste to a marketer are subject .to Part
262 of this chapter.
(b) Generators who market hazardous
waste fuel to a burner are subject to Part
282 of this chapter and the requirements
for marketers under § 266.34.
(c) Generators who burn hazardous
waste fuel on site are subject to Part 262
of this chapter and to the requirements
for burners under § 266.35.
§266.33 Standards applicable to
transporters of hazardous waste fuel.
Transporters of hazardous waste fuel
are subject to regulation under Part 263
of this chapter.
§ 266.34 Standards applicable to
marketers of hazardous waste fuel.
Persons who market hazardous waste
fuel are termed "marketers", and are
subject to the following requirements:
(a) Prohibitions. The prohibitions
under § 266.31(a);
(b) Notification. Notification
requirements under Section 3010 of
RCRA for hazardous waste fuel
activities. Upon notification, an EPA
identification number will be issued.
EPA form 8700-12, as revised, may be
used to notify EPA of waste-as-fuel
activities (See the Appendix to this
subpart). Even if a marketer has
previously notified EPA of his
hazardous waste management activities
and obtained an EPA identification
number, he must renotify to identify his
hazardous waste fuel activities:
(c) Storage. The applicable provisions
of § 262.34, and Subparts A thorough L
of Part 264, Subparts A through L of Part
265, and Part 270 of this chapter:
(d) Off-site shipment. The standards
for generators in Part 262 of this chapter
when a marketer initiates a shipment of
hazardous waste fuel:
(e) Required notices. (1) Before a
marketer initiates the first shipment of
hazardous waste fuel to a burner or
another marketer, he must obtain a one-
time written and signed notice from the
burner or marketer certifying that:
(i) The burner or marketer has notified
EPA under Section 3010 of RCRA and
identified his waste-as-fuel activities:
and
(ii) If the recipient is a burner, the
burner will burn the hazardous waste
fuel only in a boiler or industrial furnace
identified in § 266.31(b).
(2) Before a marketer accepts the first
shipment of hazardous waste fuel from
another marketer, he must provide the
other marketer with a one-time written
and signed certification that he has
notified EPA under Section 3010 of
.RCRA and identified his hazardous
waste fuel activities; and
(f) Recordkeeping. In addition to the
applicable recordkeeping requirements
of Parts 262, 264, and 265 of this chapter,
a marketer must keep a copy of each
certification notice he receives or sends
for three years from the date he last
engages in a hazardous waste fuel
marketing transaction with the person
who sends or receives the certification
notice.
§ 266.35 Standards applicable to burners
of hazardous waste'fuel.
Owners and operators of furnaces and
boilers identified in § 266.31(b) that burn
hazardous waste fuel are "burners" and
are subject to the following
requirements:
(a) Prohibitions. The prohibitions
under § 266.31(b);
(b) Notification. Notification
requirements under Section 3010 of
RCRA for hazardous waste fuel
activities. Upon notification, an EPA
identification number will be issued.
EPA form 8700-12. as revised, may be
used to notify EPA of waste-as-fuel
activities (see the Appendix to this
subpart). Even if a burner has previously
notified EPA of his hazardous waste
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Federal Register / Vol. 50. No. 8 / Friday. January 11.' 1985 / Proposed Rules
management activities and obtained an
EPA identification number, he must
renotify to identify his hazardous waste
fuel activities;
(c) Storage. ((] For short term
accumulation by generators who burn
their hazardous waste fuel on site, the
applicable provisions of § 262.34 of this
chapter:
(ii) For existing storage facilities, the
applicable provisions Subparts A
through L of Part 265, and Part 270 of
this chapter; and
(iii) For new storage facilities, the
applicable provisions of Subparts A
through L of Part 264. and Part 270 of
this chapter;
(d) Required notices. Before a burner
accepts the first shipment of hazardous
waste fuel from a marketer, he must
provide the marketer a one-time written
and signed notice certifying that:
(i) He has notified EPA under Section
3010 of RCRA and identified his waste-
as-fuel activities; and
(ii) He will burn the fuel only in a
boiler or furnace identified in
i 266.31(b); and
(e) Recordkeeping. In addition to the
applicable recordkeeping requirements
of Parts 264 and 265 of this chapter, a
burner must keep a copy of each
certification notice that he sends to a
marketer for three years from the date
he last receives hazardous waste fuel
from that marketer.
Appendix to Subpart D—Form—
Notification to EPA of RCRA Subtitle C
Activity (EPA Form 8700-12 (Revised))
Subpart E—Us«d Oil Burned for
Energy Recovery
§266.40 Applicability.
(a) The regulations of this subpart
apply to persons who manage used oil
that is burned for energy recovery in any
boiler or industrial furnace that is not
regulated under Subpart O of Part 264 or
Part 265 of this chapter, except as
provided by paragraphs (c) and (e) of
this section. Such used oil is termed
"uaed oil fuel". Used oil fuel includes
any fuel produced from used oil by
processing, blending, or other treatment.
(b) "Used oil" means any oil that has
been refined from crude oil. used. and.
as a result of such use, is contaminated
by physical or chemical impurities.
(c) Except as provided by paragraph
(d) of this section, used oil fuel that is
mixed with a hazardous waste is subject
to regulation as hazardous waste fuel
under Subpart D of Part 266. Used oil
containing more than 4000 ppm total
chlorine is presumed to be a hazardous
waste because it is mixed with
chlorinated hazardous waste listed in
Subpart D of Part 261 of this chapter.
Persons may rebut this presumption by
demonstrating that the used oil does not
contain hazardous chlorinated spent
solvents (EPA Hazardous Wastes F001
and F002) or any other chlorinated
hazardous waste.
(d) Used oil fuel is subject to
regulation under this subpart rather than
as hazardous waste fuel under Subpart
D of Part 266 if it is a hazardous waste
solely because it:
(1) Exhibits a characteristic of
hazardous waste identified in Subpart C
of Part 261 of this chapter, provided that
• it is not mixed with a hazardous waste;
or
(2) Contains only hazardous waste
generated by a person subject to the
special requirements for small quantity
generators under § 261.5 of this chapter.
(e) Used oil fuel is subject to
regulation under this subpart only if it
exceeds any of the allowable levels of
the constituents and properties in the
specification shown in the following
table, and provided that it is not mixed
with hazardous waste other than small
quantity generator hazardous waste, as
provided by paragraph (d)(2) of this
section. Used oil fuel that does not meet
the specification is termed "off-
specification". Used oil fuel that meets
the specification is not subject to
regulation under this subpart.
USED OIL Fueu SPECIFICATION >
Constrtu«rtt/ property
Arsenic.... ......
Cadmium . „
Chromium..
La*d .„
PC8a...;..... .„ .
Flaafl Point
Allowable lovoi
5 ppm fn*U(iffiufTi.
2 ppm nuuoiTtufn.
10 ppm maximum.
100* F minimum.
'Tha specification applies only to uaad oil mat fa not
meted wim a hazarooua waata other than small quantity
* Lev* to ba »alaclad from rqnoe of 10 to 100 ppm for
promulgation.
1 Uaad oil containing SO ppm or mor* PCSa tt subject to
regulation as a wa*t» PCS unbor Part 781 of twa chaptar.
Uaad oil containing laaa ttian SO ppm of PCSa bacaua* of
Station « al*o aubjact to regulation a* a waata PC8. (See
f 761.1(0).)
5 266.41 Prohibition*.
(a) A person may market off-
specification used oil fuel for energy
recovery only:
(1) To persons who have notified EPA
of their used oil fuel activities stating the
location and general description of such
activities, and who have an EPA
identification number and
(2) If the used oil fuel is burned, to
persons who burn the used'oil in a boiler
or furnace identified in paragraph (b) of
this section.
(b) Off-specification used oil fuel may
be burned for energy recovery in only
the following boilers or furnaces;
(1) Industrial furnaces:
(2) Utility boilers used to produce
electric power, steam, or heated or
cooled air or other gases or fluids for
sale;
(3) Industrial boilers used to produce
electric power, steam, or heated or
cooled air or other gases or fluids for use
in a manufacturing process; or
(4) Used oil-fired space heaters
provided that:
(i) The heater burns only used oil that
. the owner or operator generates on site:
(ii) The heater is designed to have a
maximum capacity of not more than 0.5.
million Btu per hour; and
(iii) The combustion gases from the
heater are vented to the ambient air.
§266.42 Standards applicable to
generators who bum or market used oil
fuel.
(a) Generators of used oil are not
subject to regulation under this subpart
unless they burn the used, oil fuel for
energy recovery or market the used oil
fuel directly to a person who burns the
fuel for energy recovery.
(b) Generators who burn off-
specification used oil fuel are subject to
the following requirements:
(1) Prohibitions. The prohibitions
under § 266.41(b); and
(2) Notification. Notification to EPA
stating the location and general
description of used oil fuel activities,
except that generators who burn their
used oil in used oil-fired space heaters
under the provisions of § 266.41(b)(4) are
exempt from these notification
requirements. Upon notification, an EPA
identification number will be issued.
EPA form 8700-12, as re vised,, may be
used to notify EPA of waste-as-fuel
activities (see the Appendix to this
subpart). Even if a burner has previously
notified EPA of his. hazardous waste
management activities under Section
3010 of RCRA and obtained an EPA
identification number, he must renotify
to identify his used oil fuel activities.
(c) Generators who market off-
specification used oil fuel directly to the
person who burns it are subject to the
requirements of § 266.43 for marketers,
unless the burner is a used oil fuel
marketer who burns some of the used oil
for purposes of processing or other
treatment to produce used oil fuel, and
who markets such used oil fuel.
§266.43 Standards applicable to
marketers of used oil fuel.
(a) Persons who market used oil fuel
are termed "marketers." A marketer is
subject to the requirements of this
section if:
(1) He is a used oil generator or
transporter who markets used oil fuel
-------
Federal Register / Vol. 50. No. 8 / Friday, January 11. 1985 / Proposed Rules
1717
directly to a burner, unless the burner is
a used oil fuel marketer who burns some
of the used oil for purposes of
processing or other treatment to produce
used oil fuel, and who markets such
used oil fuel;
(2) He is the owner or operator of a
facility that stores or treats used oil
received directly from a generator, or
received directly from a transporter who
received used oil directly from a
generator; or
(3) He receives off-specification used
.oil fuel from another marketer.
(b) Marketers identified in paragraph
(a) of this section are subject to the
following requirements:
(1) Analysis of fuel. Used oil fuel must
be managed as off-specification used oil
fuel unless the marketer obtains
analyses documenting that the used oil
fuel meetsthe specification provided by
§ 266.40(e);
(2) Prohibitions, The prohibitions
under § 266.41(a);
(3) Notification. Notification to EPA
stating the location and general
description of used oil fuel, activities.
Upon notification, an EPA identification
number will be issued. EPA form 8700-
12, as revised, may be used to notify
EPA of waste-as-fuel activities (see the
Appendix to this subpart). Even if a
marketer has previously notified EPA of
his hazardous waste management •
activities under Section 3010 of RCRA
and obtained an EPA identification
number, he must renotify to identify his
used oil fuel activities;
(4) Invoice system. When a marketer
initiates a shipment of off-specification
used oil fuel, he must prepare and send
the buyer an invoice containing the
following information:
(i) An invoice number;
(ii) His own EPA identification
number and the EPA identification
number of the facility to receive the
used oil fuel;
(iii) The names and addresses of the
shipping and receiving facilities;
(iv) The quantity of used oil fuel to be
delivered;
(v) The date(s) of shipment or
delivery; and
(vi) The following statement: "This
used oil does not meet the EPA used oil
fuel specification provided in 40 CFR
Part 266";
Note to paragraphs (b){4) (i) through (vi) of
this section: Used oil that meets the definition
of combustible liquid (flash point below 200°F
but at or greater than 100'F) or flammable
liquid (flash point below 100'F) is subject to
Department of Transportation Hazardous
Materials Regulations at 49 CFR Parts 100-
177.
(5) Required notices, (i) Before a
marketer initiates the first shipment of
off-specification used oil fuel to a burner
or other marketer, he must obtain a one-
time written and signed notice from the
burner or marketer certifying that:
(A) The burner or marketer has
notified EPA stating the location and
general description of his used oil fuel
activities; and
(B) if the recipient is a burner, the
burner will burn the used oil fuel only in
a boiler or furnace identified in
§ 286.41(b); and
(ii) Before a marketer accepts the first
shipment of off-specification used oil
from another marketer subject to the
requirements of this section, he must
provide the marketer with a one-time
written and signed notice certifying that
he has notified EPA of his used oil fuel
activities; and
(6) Recordkeeping, A marketer who
receives or initiates an invoice under the
requirements of this section must keep a
copy of each invoice for three years
from the date the invoice is received or
prepared. Marketers must also keep for
three years copies of analyses of fuel
required under paragraph (b)(l) of this
section. In addition, a marketer must
keep a copy of each certification notice
that he receives or sends for three years
from the date he last engages in a used
oil fuel marketing transaction with the
person who sends or receives the
certification notice.
§ 266.44 Standards applicable to burners
of off-specification used oil fuel.
Owners and operators of facilities
that burn off-specification used oil fuel
are "burners" and are subject to the
following requirements:
(a) Prohibition. The prohibition under
§ 266.41(b);
(b) Notification. Notification to EPA
stating the locating and general
description of used oil fuel activities,
except that owners and operators of
used oil-fired space heaters that burn
off-specification used oil under the
provisions of § 266.41(b)(4) are exempt
from these notification requirements.
EPA form 8700-12, as revised, may be
used to notify EPA of waste-as-fuel
activities (see the Appendix to this
subpart). Upon notification, the burner
will be issued an EPA identification
number. Even if a burner has previously
notified EPA of his hazardous waste
management activities under Section
3010 of RCRA and obtained an EPA
identification number, he must renotify
to identify his used oil fuel activities;
(c) Required notices. Before a burner
accepts the first shipment of used oil
fuel from a marketer, he must provide
the marketer a one-time written and
signed notice certifying that:
(1) He has notified EPA stating the
location and general description of his
used oil fuel activities; and
(2) He will burn the used oil fuel only
in a boiler or furnace identifed in
§ 266.41(b); and
(d) Recordkeeping. A burner who
receives an invoice under the
requirements of this section must keep a
copy of each invoice for three years
from the date the invoice is received. In
addition, he must keep a copy of each
certification notice that he sends to a
marketer for three years from the date
he last receives, used oil fuel from that
marketer.
Appendix to Subpart E—Form—
Notification To EPA or RCRA Subtitle C
Activity (EPA Form 8700-12 (Revised))
WLUNO COOC (MO-W-M
-------
1718
Federal Register / Vol. 50, No. 8 /Friday. January 11. 1985 / Proposed Rules-
PIMM prim or WP« v»'th ELITE typ« 112 etaacan/inchl in the unshaded areas only.
"•*• ENVIRONMENTAL PROTECTION AGENCY
•• __ _
NOTIFICATION OF HAZARDOUS WASTE ACTIVITY
INSTRUCTIONS: Please refer to the
INSTRUCTIONS TOR FILIN3 NOTIFICA-
TION before completing this form.
The information requested here is
required by law. (Section 3010 of
the Resource Conservation and Re-
covery Pet).
FOR OFFICIAL USE ONLY
INSTALLATION'S EPA I.O. NUMVER
I. NAME OF INSTALLATION
II. INSTALLATION MAILING ADDRESS
STREET ON P.O. BOX
HI. LOCATION OF INSTALLATION
STREET OR ROUTE NUMBER
IV. INSTALLATION CONTACT
JOB TITLE
D
PHONE NO. fart* coo* * no.)
V. OWNERSHIP
A. NAME OF INSTALLATION'S LEOAL OWNER
' T a .TVWAfaW^ns
ttnttr rn* aperopriaf* ttfttr
FEDERAL
NON-FEDERAL
VI. TVPE CF WASTE ACTIVITY (enter "X" in the appropriate box(es))
TT A. HAZARCCOS WSSTE ACTIVITY
TT l. GENERMIQN
TT 2. TRANSPORTATION
H 3. TREM/STORI/DISPCSE
TT 4. UNDEB3OOND nOECTICN
TT S. MARKET OR BURN HAZARDOUS
WASTE FUELS (aee Fart B)
TT B. WASTE-ftS-FUEL ACTIVITIES
TT 6. GENERATOR MARKETING TO BURNER
H Hazardous Waste Fuel
Used Oil Fuel
7. OTHER MARKETER
H Hazardous Haste Fuel
Used oil Fuel
8. BURNER ('see ITEM VII)
fi
Hazardous Waste Fuel
Used Oil Fuel
VII. WASTE FUEL BURNING; TYPE OF COMBUSTION DEVICE (Enter "X" in all appropriate
boxes to indicate types of coitoustion device;s) in which hazardous waste fuel
or used oil fuel is burned, aee instructions for definitions of waste fuels
and corbustion devices.)
TT UTILITY BOILER TT INDUSTRIAL BOILER TT INDUSTRIAL FURNACE
CONTINUE ON REVEMC
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Federal Register / Vol. 50, No. 8./ Friday, January 11, 1985 / Proposed Rules
1719
I.O. - FOR OFFICIAL. USC ONL.Y
w
1
VII. MODE OF TRANSPORTATION (transporters only - enter "X" in'the appropriate boxjesll
gA. AIR l~]». HAIL, Qc. HIGHWAY Qo. WATER Q«. OTHBR
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1720
Federal Register / Vol. 50. No. 8 / Friday, January 11. 1985 / Proposed Rules
Instructions for Filing "Notification to EPA of
RCRA Subtitle C Activity" (EPA Form 8700-
12)
/. Who Must File
The Resource Conservation and Recovery
Act (RCRA) and regulations implementing the
Act as promulgated at 40 CFR Parts 260-266
require persons engaging in the following
activities to notify EPA of their activity:
A. Persons who generate, transport, or own
or operate facilities that treat, store, or
dispose of hazardous waste destined for
incineration or disposal:
B. Persons who generate, transport, or store
certain hazardous wastes that are destined
for use. reuse, or reclamation:
C. Persons who market or bum hazardous
waste for use as a fuel for energy recovery;
and
D. Persons who market or burn used oil for
use as a fuel for energy recovery.
This includes individuals, trusts, firms,
|oint stock companies, corporations
(including government corporations),
partnerships, associations, states,
municipalities, commissions, interstate
bodies and Federal agencies. If you engage in
a waste management activity outlined above
without filing a notification, you may be
subject to civil and criminal penalties.
Persons who own or operate underground
injection wells that dispose of hazardous
waste and who must notify under RCRA are
not required to submit a separate notification
under tht Safe Drinking Water Act. However,
you are still required to fill out inventory and
other forms required under the Safe Drinking
Water Act. For further information, affected
persons should consult the Chief. Water
Supply Branch at the nearest EPA Regional
Office.
//. How to Determine if You Handle a
Subtitle C Regulated Material Subject to the
Notification Requirement
Persons who generate, transport, treat.
store, dispose of. use, re-use, or reclaim
discarded material must determine if the
material is solid waste subject to the Subtitle
C hazardous waste regulations. In addition,
persons who bum used oil or hazardous
waste for energy recovery and who market
used oil or hazardous waste for use as a fuel
for energy recovery must determine if they
are subject to the Subtitle C notification
requirements for hazardous waste fuel and
used oil fuel. These determinations can be
made as follows:
A. Determine If You Handle a Hazardous
Waste Subject to the Notification
Requirements of 40 CFR Parts 26O-266.
1. First, determine if you handle a solid
waste. A solid waste is defined at 40 CFR
261,2 as any garbage, refuse, sludge or any
other waste material (including materials that
are used, re-used or reclaimed) which is not
excluded under I 261.4(a).
2. Determine if the solid waste is a
hazardous waste. A solid waste is hazardous
iflt is not excluded by § 281.4(b) and it meets
the criteria of ! 281.3(a)(2).
3. Determine if the hazardous waste is
excluded from the notification requirement.
The following hazardous wastes are exempt
from the notification requirements:
a. Small quantity generator hazardous
wastes. Hazardous waste generated by small
quantity generators may be exempt from
notification (and other) requirements under
provisions of § 261.5.
b. Hazardous wastes that are used, re-
used, or reclaimed. Certain hazardous wastes
that are used, re-used, or reclaimed are
exempt from notification (and other)
requirements under provisions of § 261.6.
c. Other exemptions. Waste generated
within a manufacturing system is exempt
from the notification requirements under
provisions of i 261.4(c). As explained in
§ 261.4(d). a sample of solid waste which is
collected for the sole purpose of testing to
determine its characteristics or composition
is exempt from the notification (and other)
requirements.
B. Determine If You Must Notify Of Your
Waste Fuel Activities Because You Market
Or Bum Hazardous Waste Fuel Or Used Oil
Fuel For Energy Recovery.
Section 261.8 does not exempt from
notification (and other) requirements persons
who recycle hazardous waste by marketing
or burning hazardous waste fuel for energy
recovery. Hazardous waste fuel marketers
and burners are required to notify EPA of
their waste-as-fuel activities under provisions
of Section 3010 of RCRA and rules
promulgated under 40 CFR Part 286. Subpart
D. In addition, marketers and burners of used
oil fuel are required to notify EPA of their
waste-as-fuel activities under authority of
Section 3014 of RCRA and rules promulgated
at 40 CFR Part 286, Subpart E. For notification
purposes, hazardous waste fuel and used oil
fuel are considered to be burned for energy
recovery if they are burned in a boiler or
industrial furnace that is not regulated as a
hazardous waste incinerator under Subpart O
of 40 CFR Parts 284 and 265.
Even if a person, has previously notified
EPA of his hazardous waste management
activity and obtained an EPA identification
number, he must re-notify to identify his
waste-as-fuel activities. Any person who
markets or burns these materials must notify
EPA within 30 days of promulgation of final
notice requiring notification, unless they are
specifically exempted below. (EPA has
determined that these exemptions are
consistent with the purpose and intent of the
Act)
Persons exempted from the waste-as-fuel
notification:
1. Persons who bum used oil fuel in
nonindustrial boilers. These persons need not
notify because rules promulgated at 40 CFR
Part 268, Subpart E permit burning of used oil
fuel in nonindustrial boilers (with one
exception) only if it meets a specification
(and is not mixed with hazardous watte other
than small quantity generator hazardous
waste). Used oil fuel that meets the
specification is exempt from regulation.
However, off-specification used oil fuel may
be burned in used oil-fired space heaters that
are vented to the ambient air. Persons who
burn used oil fuel in such units are exempt
from the notification requirements of Subpart
E (provided the used oil is not mixed with
hazardous waste).
Subpart D of 40 CFR Part 266 prohibits
burning of hazardous waste fuel in
nonindustrial boilers.
2. Persons who generate hazardous waste
or used oil and send the material off site to a
person who does not burn it for energy
recovery. These generators are exempt from
the waste-as-fuel notification requirements
because they are not marketing a fuel.
(However, all hazardous waste generators
are subject to the standard notification
requirements for generators.) In such
situations, it is the recipient who makes the
decision to market the materials as a fuel.
typically after processing or blending. (Used
oil generators who send their oil to a person
who processes or blends it to produce used
oil fuel and who incidentally burns used oil to
provide energy for the processing or blending
are also exempt from the notification
requirement. This is because such recipients
are considered to be primarily fuel producers
and marketers, and only incidental burners).
///. What Information Must Be Filed
When filing a notification, you must
identify the type of regulated wastes that you
handle and give a general description of your
activity, including its location. You may
submit all this information by-completing the
enclosed EPA Form 8700-12. "Notification to
EPA of RCRA Subtitle C Activity".
IV. How Many Forms Should Be Filed
You need submit only one Notification
Form per site or location, provided that you
describe all the activities at that site or
location. If you conduct a waste activity (see
Section I) at more than one site or location.
you must submit a separate form for each site
or location.
If you transport waste as discussed in
Section I, and do not generate, treat, store or
dispose of these wastes, you may submit one
form which covers all transportation
activities your company conducts. This form
should be submitted to the EPA Regional
Office that serves the area where your
company has its headquarters or principal
place of business. However, if you are a
transporter who also generates, treats, stores
or disposes of these regulated wastes, you
must complete and submit separate
Notification Forms to cover each installation.
V. When To File
1. Within 90 days of Regulating a Waste
You Manage: From time to time EPA may
subject additional hazardous wastes to the
notification requirement by expanding the list
or characteristics of hazardous waste, or by
deleting an existing exemption from the
notification requirement. These changes will
be codified in 40 CFR Part 261. If as a
generator or transporter you were not
required to notify previously, but you handle
wastes that are newly subject to the
notification requirement, you must file a
notification covering those wastes within 90
days after the amendment is published.
Ordinarily, facility owners/operators may
submit Part A of the RCRA Permit
obligations. However, hazardous waste fuel
and used oil fuel marketers and burners must
notify of their waste-as-fuel activities within
90 days of promulgation of final notice
requiring notification of waste-as-fuel
activities.
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Federal Register / Vol. 50, No. 8 / Friday, January 11, 1985 / Proposed Rules
1721
2. New Generators and Transporters: As
discussed in 40 CFR Part 262, a generator
must not treat, store, dispose of. transport, or
offer for transportation, hazardous waste
without having received an EPA
Identification Number from the
Administrator. Similarly, if you desire to
transport hazardous waste and have not
previously filed a notification as a
transporter, you must comply with the
regulations published under 40 CFR Part 263
before you move any hazardous waste.
Transporters need not complete the reverse
side of the Notification Form as they may not
know which wastes they will be handling.
3. New Treatment. Storage or Disposal
Facilities: If you are an owner or operator of
a hazardous waste treatment, storage, or
disposal facility (subject to the permit
requirements of Parts 264,265. or 266) that
was not in existence on November 19,1980,
you will not be allowed to begin hazardous
waste activity until you obtain a RCRA
Permit. (To obtain a permit you must file
Parts A and B of the RCRA Permit
Application).
VI. Confidential Business Information
All information you submit in a notification
can be disclosed to the public, according to
the Freedom of Information Act and EPA
Freedom of Information Regulations. Because
notification information is very general, EPA
believes it is unlikely that any information in
your notification could qualify to be
protected confidentiality by printing the word
"confidential" on both sides of the
Notification Form and on any attachments. In
addition, at the time of notification, you must
submit written answers to each of the
following questions:
1. Which portions of the information do you
claim are entitled to confidential treatment?
2. How long do you want this information
treated as confidential?
3. What measures have you taken to guard
against undesired disclosure of the
information to others?
4. To what extent has the information been
disclosed to others, and what precautions
have yoii-taken in connection with that
disclosure?
5. Has EPA or any other Federal Agency
made a pertinent confidentiality
determination? (If so, include a copy of this
determination or reference to it, if available).
6. Will disclosure of the information be
likely to substantially harm your competitive
position? If so, what would the harm be, and .
why should it be viewed as substantial?
What is the relationship between disclosure
and the harm?
VII. Where To File
Notifications should be mailed to the EPA
Regional Office that serves the area where
your regulated waste activity is located. The
mailing addresses for the EPA Regional
Offices are listed below:
EPA
region
1
II
Ill .
IV
Area served
CT. ME, MA. HI, VT,
NH.
NJ, NY, VI PR
DE. DC. MO. PA, VA,
WV.
AU Fl_ QA. KY. Ml.
NC. SC. TN.
Mailing address
EPA Region 1, Stats
Programs Branch.
P.O. Box 8748,
Botton. MA 02203:
EPA Region II, Permits
Administration
Branch, 26 Federal
Plazt. New York.
NY 10278.
EPA Region III.
Pflnrirts Sr&nch, 6th
and Walnut Streets.
Phitadelprrt. PA
19106.
EPA Region IV, Watte
Management
Branch, 345
Cowtland, N.E.,
Attarra. QA 30385.
EPA
Area served -
Mailing address
V ! IL. IN. Ml. MN. OH. WL
AH. LA. NM. OK. TX....
VII IA. KS. MO. NE ,
VIII
CO, MT, ND. SO. UT.
WY.
AZ. CA, HI. NV, GU.
American Samoa.
Commonwealth of
the Northern
Marianas.
AU 10. OR, WA...
EPA Region V. Waste
Management
Branch. 230 S.
Daartxjrn St. NE..
Chicago. IL 60604
EPA Region VI. Waste
Programs Branch.
1203 Elm Street.
First International
Bldg.. Dallas. TX
75270.
EPA Region VII.
Waste Management
Branch, 324 E. 11th
St.. Kansas City.
MO 64106.
EPA Region VIII.
Waste Management
Branch. 1860
Lincoln Street.
Denver, CO 80295.
EPA Region IX (T-2-
2). Waste
Management
Branch. 215
Fremont Street. San
Francisco. CA
94105.
EPA Region X (M.S.
533). Waste
Management
Branch, 1200 6th
Avenue, Seattle,
WA 98101.
Line-By-Line Instructions For EPA Forms
8700-12
How To Complete This Form
Type using ELITE type or print in ink all
terms except X(A), "Signature", leaving a
blank box between words. When typing (with
elite type), hit the space bar once between
characters and three times between words. If
you must use additional sheets, indicate
clearly the number of the item on the form to
which the information on the separate sheet
applies.
Example:
-------
1722
Federal Register / Vol. 50. No. 8 / Friday. January 11. 1985 / Pmnn^H Rules
I. NAME OF INSTALLATION
s
M
I
T
H
M
A
NJU
. INSTALLATION MAILING
CITY OR TOWN
III. LOCATION OF INSTAr.r.ATTnio
STREET OR ROUTE NUMBBP
CITY OR TOWN
/terns I Through III
NAME. MAILING ADDRESS. AND
LOCATION OF INSTALLATION: Complete
each line following directions above. If the
mailing address and location of the
Installation are the same, print "SAME" in
the "Street or Route No." boxes of item in.
Item IV
INSTALLATION CONTACT: Enter the title
and business telephone number of the person
who should be contacted regarding
information submitted on this form.
Item V
OWNERSHIP: (A) Enter the name of the
legal owner of the installation. Use additional
sheets if ncessary to list more than one
owner. (B) Enter an "F" in the box if the
installation is owned by a Federal Agency
Enter an "M" if the installation is not owned
by a Federal Agency. An installation is
Federally owned if the owner is the Federal
Government, even if it is operated by a
private contactor.
Item VI
: HAZARDOUS
Mark "X" in the appropriate box(es) to
indicate the hazardous watte activity or
activities at the installation. Hazardous
waste generators and owners and operators
of facilities for treating, storing or disposing
of hazardous waste must mark item D if an
Injection well is located at their installation.
An injection well is defined as any hole in the
ground that Is deeper than it is wide and that
MrMmK,.
INCLUDING SEPTIC TANKS. Persons who
market or burn hazardous waste fuel must
mark box «S in this section, and the
appropriate boxes in the Waste-As-Fuel
section.
TYPE OF WASTE ACTIVITY: WASTE-AS-
FUEL ACTIVITY
Mark an "X" in the appropriate box(es) to
indicate whether you are (1) a generator who
markets waste fuel directly to a burner: (2) a
marketer other than a generator marekting
directly to a burner; or (3) a burner of waste
fuels. A person may be both a marketer and a
burner. If you market or burn waste fuels,
mark "X" in the appropriate box(es) to
indicate the type of waste fuel handled.
Item VII
TYPE OF WASTE FUEL BURNING
DEVICE: If you burn waste fuel for energy
recovery in a device that is not regulated as a
RCRA permitted hazardous waste incinerator
(i.e., under Subpart O of 40 CFR Parts 284 or
265). mark "X" in the appropriate box(es) to
identify the device(s).
Item VIII
MODE OF TRANSPORTATION: Complete
this item only if you are a transporter of
hazardous waste to indicate the mode(s) of
transportation you use.
Item IX
FIRST OR SUBSEQUENT NOTIFICATION:
A person is required to notify for each
regulated waste management activity. Place
an "X" in the appropriate box to indicate
whether this is your first or a subsequent
notification. If you have filed a previous
notification, enter your EPA Identification
Number in the boxes provided.
ItemX
DESCRIPTION OF HAZARDOUS WASTE-
You must read Title 40 CFR Part 281 in order
to complete this item (see Appendix I). Part
281 identifies those solid wastes that EPA
defines to be hazardous wastes. Part 261
identifies hazardous wastes in two ways:
(1) A number of hazardous wastes are
listed oy name in various tables and
appendices. EPA has assigned a four-digit
number to each waste that is listed to make it
easier to identify the wastes.
(2) Part 261 also lists the general
characteristics of hazardous wastes. EPA has
also assigned a four-digit number to these
characteristics.
As you will note. Item X on the. form is
divided into five sections. You should use
Sections A through D to identify any listed
hazardous wastes which you handle: use
Section 3 to identify those characteristics of
the noniisted hazardous wastes which you
handle. Hazardous waste fuel is a generic
type of Hazardous waste. Thus, if you
manage hazardous waste fuel, you must
complete this section to identify the
individual hazardous wastes that the fuel
contains.
You should include in Sections A through E
all hazardous wastes you handled during the
three month period preceding the date of
notification. If you occasionally handle a
hazardous waste, but did not handle that
waste during the three month period
preceding the date of notification, you may
also include that waste (or wastes) in
Sections A through E.
If you are a new generator applying for an
EPA Identification Number under the
provisions of 40 CFR Part 262. you should
describe the wastes which you believe you
will be generating.
If you are a new transporter applying for
an EPA Identification Number under the
provisions of 40 CFR Part 263. you are not
required to complete Hem X.
The specific instructions for Sections A
through E are:
SECTION A: If you handle hazardous
wastes from the non-specific sources listed in
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1724 -Federal Register / Vol. 50. No. 8 / Friday, January 11, 1985 / Proposed Rules
exempt from regulation as hazardous waste
under provisions of 40 CFR 261.5. Used oil
fuel may Itself exhibit a characteristic of
hazardous waste and remain subject to
regulation as used oil fuel provided it is not
mixed with hazardous waste (other than
exempt small quantity generator hazardous
waste).
UTILITY BOILER means a boiler that is
used lo produce electricity, steam or heated
or cooled air or other gases or fluids for sale.
WASTE FUEL means hazardous waste fuel
or used oil fuel.
(FR Doc. 85-590 Filed 1-10-85: 8:45 am]
•SUJMO COOC «IM 10 II
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