United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
&EPA
DIRECTIVE NUMBER:
TITLE:
OSWER 9951.1
TRANSMITTAL OF THE FINAL WASTE OIL INTERIM
ENFORCEMENT GUIDANCE DOCUMENT
APPROVAL DATE: DEC. 30, 1986
EFFECTIVE DATE: DEC. 30, 1986
ORIGINATING OFFICE: OWPEE
E1 FINAL
D DRAFT
LEVEL OF DRAFT
S"A — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
SWER OSWER OSWER
DIRECTIVE DIRECTIVE Dl
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' no Atts cnvroflffiofltfl roection ooncy
Washington, DC 20460
QSWER Directive Initiation Request
1. Directive Number
9951.1 OSWER
2. Originator Information
Name of Contact Parson
BRUCE POTOKA
Mail Code
OS-520
Office
Telephone Code
382-2270
3. Title
TRANSMriTAL OF THE FINAL WASTE OIL INTERIM ENFORCEMENT GUIDANCE DOCUMENT'
4. Summary of Directive (include bnei statement of purpose)
The purpose of this document is to provide information to the Regions about the
technology of the waste oil industry as well as strategies for enforcement.
S. Keywords
Waste Oil Interim
6a. Does This directive Supersede Previous Directive(s)?
X No
b. Does It Supplement Previous Directlve(s)?
X No
Yes What directive (number, title)
Yes What directive (number, title)
7. Dratt Level
A-SignedbyAA/DAA
B - Signed by Office Director
C - For Review & Comment
0 - ii Development
8. Document to be distributed to States by Headquarters?
*-i- .
Yes
JL
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator \
MfrjiL+J^ '/ft, J^^^^
1 0. Name and Title of Approving Official
Date
4/6'7/fo
Date
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OSWER 9951.1
DEC 3 0 1986
MEMORANDUM
SUBJECT: Transmittal of the Final Waste Oil Interim
Enforcement uidance Document
FROM: J". Wins ton /Porter
Assistant -'Administrator
TO: Waste Management Division Directors
Regions I-X
The Office of Solid Waste and Emergency Response has developed
the Waste Oil Interim Enforcement Guidance Document. The purpose
of this document is to provide information to the Regions about
the technology of the waste oil industry as well as strategies
for enforcement.-- Waste oil is a very complex environmental
issue owing in large part to the difficulty of tracing waste
derived fuels through a complex system of waste oil dealers.
The guidance was developed to assist those enforcing the waste
oil regulations to better understand the important issues. It
is interim guidance because the regulations for used oil management
have not been completed. As the regulations become complete or
changes in policy or technology occur, the document will be
amended accordingly.
*
The guidance document has been developed with the cooperation
of the Headquarters offices, Regions, and the National Enforcement
Investigation Center. Any questions regarding the document may
be directed to Bruce Potoka of the Office of Waste Programs
Enforcement (WH-527) FTS 382-2270.
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301986
"ASTE OIL INTERIM
ENFORCEMENT GUIDANCE
December, 1986
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Table of Contents
I. Introduction
II. Legal Authority and Site Entry
III. Summary of the Rule
IV. Enforcement Approach
V. Pre-insoection
VI. . Site Inspection
VI. Sampling
VII. Analytical Methods
IX. Glossary
X. Aooendices
A. Industry Practices for Used Oil Processing for
Fuels and Lube Stock
3. Regulatory Provisions
1. Effective Dates
2. Invoice System
3. Required Notice
C. Checklists
D. Sampling Protoleum and Petroleum Products; ASTM
Standard: 2546
E. PlKaging, Marking, Labeling and Shipping of Samples
•^
F. Lubricating Oil Additives; and Concentration of
Potentially Hazardous Constituents in Used Oils
G. Final Rule: 50 FR at 49164 to 49211 November 29, 1985.
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OSWER 9951.1
Introduction:
The purpose of this document is to provide technical guidance
to enforcement officials for planning and conducting inspections
and case development related to standards for used oil and
hazardous waste intended for energy recovery. The information
contained in this guidance pertains to regulations currently in
effect and violations identified can be pursued with enforcement
action. The regulations were published in final form on November
29, 1985, 50 Federal Register 49164, and took effect on various
dates between December 9, 1984 and May 29, 1986. These standards
added Subparts D and E to Part 266.
The final regulations establish three categories of waste as
fuel: 1) hazardous waste fuel, 2) off-specification used oil
fuel, and 3) specification used oil fuel (see glossary for defin-
itions). Each category is regulated differently. The primary
purpose of the waste as fuel regulations is to prohibit the
burning of hazardous waste fuel and contaminated used oil in
non-industrial boilers. In addition, the rules place more
restrictions on the management of these fuels (when they are
destined for energy recovery) which have been essentially
unregulated until this point.
'•:
The pnQJttMd management standards were scheduled for
iS>
final publication in the spring of 1987. There will likely be a
delay in the promulgation of any additional standards. The
proposed management standards, however/ and the date upon which
they take effect, should be monitored in the future.
1
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OSWER 9951.1
Once the proposed regulations take effect, the Office of Waste
Programs Enforcement' will distribute a comprehensive Guidance
covering all the used oil regulations.
The information provided in the document is intended to
provide both procedural and technical guidance to enforcement of
the regulatory provisions, as well as a brief summary of the
regulations. It is likely that many situations will arise in the
field that this document will not adequately address. The intent
is to provide general guidelines and approaches in enforcement of
the used oil regulations.
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OSWER 9951 .1
Legal Authority
Section 3008 of RCRA provides EPA with authority to enforce
the RCRA regulations, including hazardous waste fuel and the used
oil regulations. Section 3008(a) authorizes EPA to issue an admin-
istrative order requiring immediate compliance and/or assessing
civil penalties for violations of Subtitle C. It also authorizes
'i
EPA to commence a. civil action for injunctive or other "appropriate
relief" or for civil penalties for such violations. Under section
3008(g), any person who violates Scotitle C is liable for civil
penalties of up to $25,000 per violation per day.
In addition, section 3008(d) provides for the imposition of
criminal penalties on any person convicted of violating certain
specified provisions of Subtitle C. Although used oil is not
currently listed as a hazardous waste, criminal penalties can
apply to violations associated with used oil not involving
hazardous waste. The amendments to the Solid Waste Disposal
Act that accompany the CERCLA reauthorization bill expand the
criminal authorities of Section 3008(d). (See Section 9008(i)
of the Superfund Amendments and Reauthorization Act of 1986.)
Section J007(a) authorizes EPA employees or representatives
^^Hf
to enter an ^fcablishraent and conduct an inspection, copy records,
and obtain samples for the purpose of enforcing the RCRA regulations.
This authority extends to any establishment believed to be generating,
transporting, storing or treating a Solid or Hazardous Waste within
the meaning of Section 1004 of RCRA (S261. Kb) ( 2) ( i )).
3
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OSWER 9951.1
Finally, section 7003 authorizes EPA to commence a civil
action to abate' an imminent and substantial endangerment to the
public health or welfare or the environment caused by the handling,
storage, treatment, transportation, or disposal of hazardous or
solid waste. A section 7003 action may be brought against any
person contributing to such endangerment. Because the provision
applies not only to "hazardous waste" but to "solid waste" as
well, and because used oil falls within the statutory definition .
of "solid waste," a section 7003 action could be brought to abate
an endangerment caused by used oil.
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OSWER 9951.1
Entry/Refusal;
In the event that a facility or owner/operator denies an
official the right of entry for an inspection, an Administrative
Warrant must be obtained through the Regional office. If it is
anticipated that entry will be denied, a warrant may be secured
prior to arrival at the facility.
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OSWER 9951.1
Summary of the Rule
The primary purpose of this rule is to prohibit the burning
of hazardous waste and contaminated used oil in non-industrial
boilers (e.g., residential boilers). In addition, it places
restrictions on the management of these fuels (when they are destined
for energy recovery) which have been unregulated until this point.
There are three types of fuel addressed in Part 266: hazardous
waste fuel; off-specification used oil, and specification used
oil. Subpart D deals with hazardous waste fuel and Subpart E
deals with off-specification used oil fuel and specification used
oil fuel. (see Figure I flow chart). For t.he purposes of this
summary, the provisions of the two subparts will be addressed
together.
Subpart D applies to hazardous waste fuel, defined as any
fuel that has been blended with a hazardous waste (listed or
characteristic). In the case of a used oil mixed with characteristic
hazardous waste, if the mixture continues to exhibit the characteristic
of the hazardous waste/ it is hazardous waste fuel. Alternatively,
used oil which exhibits a characteristic, but has not been mixed
with hazardou* waste, is not considered hazardous waste fuel.
When used ott^is mixed with a listed hazardous waste it is regulated
under Subpart D as hazardous waste fuel, and the specifications
for used oil (§266.40(e)) do not apply.
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OSUI-:R
FLOW CHART PART 266: WASTE AS FUEL
USED OIL
RECYCLED
LISTED
HAZARDOUS
WASTE
'(MOTE)
USED OIL
RECYCLED
ANALYZED
EXCEEDS
1000 ppa
TOTAL
HALOGEM
REBUTTABLE
PRESUMPTION
UNSUCCESSFUL
REBUTTAL
HAZARDOUS
WASTE FUEL
SUBPART 0
PART 266
SUCCESSFUL
REBUTTAL
USED OIL
RECYCLED
ANALYZED
BELOW
1000 ppm
TOTAL
HALOGEN
(NOT MIXED
WITH H.W)
USED OIL
RECYCLED
SUBPART E,
PART 266
SPECIFICATION
ANALYSIS
OFF SPEC
USED OIL
FUEL
SUBPART E,
PART 266
SPEC USED
OIL FUEL
NOT
REGULATED
CIIKK
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OSWER 9951 .1
Note:
1. Used oil mixed with hazardous waste, exhibiting a characteristic
is regulated as a used oil if it no longer exhibits characteristic
under Part 261.
2. Hazardous waste from conditionally exempt small quantity generators,
less than 100 kilograms per month, mixed with used oil is regulated
as a used oil. §261.5(j)
3. Use oil mixed a hazardous waste from generators of 100 to 1000
kilograms of hazardous waste per month is a hazardous waste
except as Note 1 applies.
4. Used oil that exhibits a characteristic of hazardous waste is
regulated as used oil fuel provided it has not been mixed with
hazardous waste and it is recycled for energy recovery.
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OS'./ER 9951 . i
Subpart E applies to used oil and hazardous waste mixtures
not otherwise covered by Subpart D. The provisions under Subpart
E focus primarily on the prohibit ion- on burning, marketing standards
and recordkeeping. The specification established in Section
266.40(e) sets maximum levels for certain metals and total
halogens, and a minimum flash point. This is used to distinguish
used oil that -nay be burned in non-industrial units versus used
oil that must be burned in industrial burning units (spec and
off-spec used oil/ respectively).
Once an owner/operator claims and shows the specifications
for metals, total halogens and flash point are met and sells
it, the oil is no longer subject to used oil regulation. If
contamination levels in the oil are subsequently found to exceed
the specs, the oil is regulated under Part 266.
The following discussion describes each of the regulatory
provisions and their applicability. Each provision is explained
separately as it applies to the fuel type independ of the subpart
in which it is contained.
Rebuttable Presumption
A provision intended for distinguishing fuel types is the
rebuttable presumption, §266.40(c), established for total halogens
in used oil.j^iis provides a criterion (1000 ppm total halogen)
for presuming^hat a used oil has been mixed with a halogenated
hazardous waste. Therefore, in the event that there is'no other
information indicating used oil has been mixed with hazardous
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CSWER 9951.1
waste, the rebuttable presumption can be applied to make an
.initial determination. Although, if mixing with hazardous waste
is known to have occurred and supporting evidence confirms this
fact, then use 'of the rebuttable presumption is not neccesary
or appropriate.
The rebuttable presumption quantifies the mixture rule.
Used oil exceeding 1000 ppm total halogen is presumed a to have
been mixed with halogenated hazardous wastes (e.g., chlorinated
solvents). The level was specified at 1000 ppm total halogens
to provide an objective test for assuming mixing with hazardous
waste has occurred. If the total halogen level exceeds 1000
ppm, the burden of proof shifts to the owner to prove to the
Agency that the used oil has not been mixed with hazardous waste.
Because it is a rebuttable presumption, the owner/operator
may provide (and is entitled to provide) evidence proving that
the used oil exceeding 1000 ppm total halogens was not mixed
with a hazardous waste. (The burden of proof is on the owner).
In addition, however, if no listed halogenated solvent is present
at significant levels (i'.e., 100 ppm or greater), then it may
not be reasonable to presume mixing of hazardous waste with the
used oil. This reasoning is not necessarily true for all halogenated
-T
compounds, jjgt example, if chlorinated pesticides listed in
§261.33 are found at low levels (100 ppm or less) it may still
be reasonable to assume mixing has occured. In order to presume
mixing, however, the total halogen level must exceed 1000 ppm.
»
Therefore, even if "significant levels" of listed hazardous
waste are found, but the aggregate concentration of halogens is
below 1000 ppm, mixing must be proven by the Agency, not presumed.
10
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OSWER 9951.1
Notification
Part 266 also extends the notification requirement of RCRA
section 3010 to marketers and burners of hazardous waste fuel and
used oil fuel. The requirement applies to; marketers and burners
of hazardous waste fuel and off-specification used oil fuel, and
marketers and burners of specification used oil fuel who are the
first to claim their used oil meets the specifications and is,
therefore, unregulated. Such marketers and burners are required
to notify EPA of their waste fuel activities, providing the
information required by Form.EPA 8700-12 (Rev. 11-85) Notification
of Hazardous Waste Activity (use of the form is not mandatory),
and to obtain an EPA identification number. If a marketer or
burner already has an EPA identification number, he must still
notify EPA of this waste fuel activity. In addition, facilities
receiving hazardous waste fuel or used oil fuel must provide the
supplier with a "required notice" certifying that they have
notified EPA of their activity and have received and EPA identif-
ication number. Marketers and burners of hazardous waste fuel
and off-specification used oil fuel must also include in their
required notice a statement certifying that the fuels will be
burned only in industrial boilers and furnaces.
A facility that markets a used oil and claims it meets the
'*£
specif icatioir under $266.40(e) must provide evidence to support
this claim. Marketers of specification used oil fuel are only
subject to notification requirements if they are the first to
*
identify a used oil as specification oil. Therefore, if a
facility receives used oil not shown to meet the specifications,
the facility is subject to notification requirements.
11
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OSWER 9951.1
Analysis
Used oil is assumed to be off specification as generated
until a marketer or burner provides evidence for the first time
showing that it is in fact specification used oil fuel. This
determination must be made before any used oil can be burned in
a nonindustrial furnace or boiler and the determination must be
made for each shipment. (i.e., the prohibition requires that
only specification used oil fuel be burned in a nonindustrial
furnace or boiler §266.41). (Noted: Space heater exemption,
5266.41(b)(2)(iii))
The first marketer or burner to claim that his used oil
meets the specifications, and is therefore unregulated, must
perform analysis and maintain records to prove the specifications
are in fact met. This rule does not provide any guidelines for
frequency of analysis nor does it specify analytical methods to
be used. There are recommended methods in the preamble:
Analytical Testing to Demonstrate Compliance with Specification
Levels an the Rebuttable Presumption. A copy of the Recommended
Analytical Procedures (Table 6) is below. Additional methods
have been evaluated by the Office of Solid Waste and a report is
available explaining those methods. (Contact Paul Friedman in
the Office ofeSolid Waste (FTS 382-4796) for copies of the
m
document.) ^jf
Transportation
Transportation requirements for hazardous waste fuels are •:!-.•
RCRA Part 262 standards applicable*to generators of hazardous
waste and Part 263 standards applicable to transporters of hazar-!
12
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OSWER 9951.1
waste. Therefore, a manifest must be used for hazardous waste
£--el snipnents. An invoice must be used for off-specification
used oil shipment. The invoice does not necessarily have to be
-carried by the transporter, and the invoice need only be held on
file at the shipping and receiving facilities. (Specific inform-
ation requirements are provided in Appendix B). Effective since
March 31, 1986, these requirements supercede the warning label
requirement in the statute.
Used oil that meets the definition of combustible liquid
(Flash point below 200°F and above 100°F) and flanmable liquid
•
(Flash point below 100°F) is subject to Department of Transportation
(DOT) regulation at 49 CFR Parts 100-177.
13
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OSWER 995L .1
TA3LS E **
RECOMMENDED ANALYTICAL PROCEDURES
Parameter •
Total Halogens
Flash Point
Method
Source
Arsenic
Cadmium
Chromium
Lead
0808-81
1010
Preparation
3040*73050
3040*73050
3040*73050
3040*73050 .
ASTM
SW-846 and Proposed
Test Methods for
Evaluating Solid
Waste*
Determination
7060
6010
7131
7131
6010
7191
7191
6010
7420
7421
n
w
it
n
it
Notes: *Recommended only for non-sedimentaceous oils -t-SW-846
(Test Methods .for Evaluating Solid Waste) is available
from the U.S. Government Printing Office. Proposed Test
Methods for Evaluating Solid Waste is available from
NTIS under order No. PB8-103-026.
**Takl* 6 (50 FR 49189, November 29, 1985)
' "
14
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Recordkeeping
Records of transactions must be maintained at a facility Cor
three '/ears following the last transaction with another facility.
Part 262 and 263 record keeping and reporting requirements apply
to hazardous waste fuel generators and processors. Additional
records that must be maintained are the analyses, off-specification
fuel invoices, and required notices certifying notification.
Also, the first individual to market used oil as meetina the
specification (§266.40(e)) must maintain basic invoice information
with a cross reference to the analysis done for each shipment.
Storage
Marketers storing hazardous waste fuel .are subject t-o full
regulation under RCRA (including Parts 262, 264, 265 and 270).
3urners of hazardous waste fuel fall into two categories: existing
storage facilities and new storage facilities. The storage
requirements for existing facilities are Subparts A through L of
Parts 265, 270 and 124. An existing facility is any storage
facility in existance prior to May 29, 1986. New storage facilities
are subject to Subparts A through L of Parts :264, 270 and 124.
Mew facilities are not eligible for Interim Status storage of
hazardous waste fuel. Final permitting of existing hazardous
.waste fuel b^Ktng facilities will not be required 'prior to the
promulgation of the burning standards at which time one permit .
for both storage and burning can be issued.
15
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OSWER 9951.1
Finally, Spill Prevention Control and Counter-Tit asure Plan
v'SPCC Plan) storage requirements nay apply to these facilities
regardless of fuel type.
Statutory Requirements
Road oiling (Dust supression) using a hazardous waste or
hazardous waste mixtures is prohibited under section 3004(1) of
RCRA. However, used oil (and other solid waste) that is considered-
hazardous waste only because it exhibits the characteristic of
ignitibility is exempt from this prohibition.
Proposed Rules
Additional standards were proposed on November 29, 1985,
and the Agency is currently drafting burning standards for the
burning of hazardous waste fuel. These standards are often
referred to by several terms, such as, used oil, burning and
blending or wastes as fuel standards. There are four separate
rulemakings associated with used (waste) oil:
1. Burning and Blending (wastes-as-fuel) Phase I -
Final 50 FR 49164 (November 29, 1985.)
2. Listing Used'Oil - Proposed 50 FR 49258
(November 29, 1985.) .
3. Used Oil Management Standards - Proposed 40 FR 49212
^November 29, 1985.)
4. Spurdous Waste Fuel Burning standards - Draft (Burning
fanderds for Industrial Boilers and Furnaces)
The proposed rules would establish additional requirements
for recycled used oil prior to its burning as specification or
off-specification fuel. Therefore, enforcement staff should
monitor this development to discern any additional requirements
which come into effect as a result of future promulgation.
16
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OSWES 9951.1
Enforcement Approach
This next section provides an overview of the characteristics
of the regulated community and an approach to developing an
enforcement and compliance monitoring program. Although the
strategy and priorities selected by the Regions and States will
,1er>end on the nature of the market and the community in their
regions, basic priniciples will commonly apply.
In establishing an approach to the enforcement of these
provisions, it will be useful to understand the. structure and
onerations of the used oil management system. (see figure 2
flow chart). A basic factor to consider is the number of facilities
or handlers involved. It is estimated that there are many hundreds
of thousands of used oil generators and many hundreds of independent
collectors (or scavengers) of used oil. It is estimated that
there are approximately 200 to 250 processors or recycling facilities.
On the user end, there are several thousand fuel oil distributors
and thousands of burners. (Estimates indicate there are approximately
1000•industrial burners). Furthermore, there are many outlets f>-
used oil such as road oiling or asphalt processing,, other than
burning. Therefore, as the used oil is recycled and moves through
the systen,tthere is a bottle-neck (pinch point) at the process:-.:
JF
and re-reftiring facilities. (Included in the Appendix A is a
paper describing the treatment processes most commonly applied t -
used oil).
The universe of waste as fuel marketers includes fuel oil
dealers who operate as virgin fuel oil distributors. Because
17
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CSWER 9951.1
investigations may reveal that a virgin fuel dealer, is violating
their contract, this information should be made available to the
involved parties upon request. However, the mixing of waste
fuels with virgin fuel oil is r.ot orohibitad nor discouraged by
the Agency provided the fuels are managed in accordance with EPA
regulations.
The Regions, over time, will develop an understanding
of the management system as it operates in their states from the
notification forms, State and Regional inspection reports, and
communication with the regulated community. Furthermore, any
records of analysis of materials at these facilities may be
accessed by authority of Section 3007 (see Legal Authority).
This pertains not only to records required by requlation but any
records regarding the solid or hazardous waste generated or
stored on that site. (In many cases, a warrant may be necessary
depending on the nature of the investigation and facility history.)
The information from these efforts will be useful in both future
enforcement efforts, and the Agency's rulemaking efforts. For
these reasons and others, it is important that the initial
inspections be as thorough and effective as possible. Inspections
need to be designed to obtain information regarding overall
management practices, treatment processes and marketing practices
in the induaflpg-.
This Guidance provides an approach to selecting the points
in the system to target for inspection and in turn provide direction
for the inspection. The principal area for inspections to focus
on is at the used oil processing (marketing) facilities.
13
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HW
GENERATORS
-550,000
t
HW
HW
TRANSPORTERS
-700
KEY
HW - POTENTIAL ENTRY POINTS
FOR HAZARDOUS WASTES
HW
VIRGIN FUEL
OIL DEALERS
thousands
i
RECYCLERS
PROCESSORS
-240
• REREFINERS
-10
DISPOSAL OF
WASTE
STREAMS
OSWI-.K
HW
HW
INDUSTRIAL
BURNERS
-1,000
NON-
INDUSTRIAL
BURNERS
-90,000
FIGURE 2. USED OIL MANAGEMENT SYSTEM
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OSWER 9951.1
T^.ere are several reasons for focusing attention on these facilities:
1) the rule provides for more substantial requirements at this
point in the management system; 2) these facilities are the
fewest in number and largest in the volume of oil handled; and
3) they will have large networks of other handlers to which
materials cart be tracked. Essentially, these facilities are the
critical link in the movement of used oil from points of generation
to the end user.
The basic objective behind this approach is to bring the
marketers into compliance. Once this is done, burners also will
more easily comply with requirements as to the fuel type burned.
By focusing efforts on the large volume used oil processors
initially, the inspections will likely have the most impact and
provide information for subsequent targeting decisions. Obviously,
it may be necessary to target burners and generators for inspections
in order to substantiate information obtained at a marketer's
facility*
**^
(Mote, manyJ^plependent collectors also market used oil, although
t
they may not treat the oil. These are relatively large .volume
handlers that may have storage tanks for accumulation prior to
marketing.)
20
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OSWER 9951.1
In the following discussion several scenarios of violations
are presented to provide examples of situations likely to occur.
MARKETING/PROCESSOR FACILITY INVESTIGATION:
Markecer/processing facility violations will likely fall
into two categories:
o Fuel marketing violations
o Facility operating (Hazardous Waste) Violations
An example of the first type of violations is presented
below, and as shown, the burners may be involved in the activity.
If a marketer ships off-specification fuel or hazardous
waste fuel to a burner indicating that fuel has been supplied to
an industrial burner:
o Determine if the marketer has the required notice from
the burner certifying it to be an industrial burner.
o Determine if the burner notified.
If the Agency does not have a notification from the burner or if
there is uncertainty as to the type of burning facility, an
inquiry should be made as to the type of unit burning the fuels.
In the event the burner is using these fuels in a non-industrial
unit, further investigation and enforcement action should be
pursued:
o DBwrmine if the burner had knowledge of the fuel type
supplied by the marketer.
o A sample of the fuel supplied by the marketer to the
burner should be taken from the burner's facility,
when possible.
In this case, the marketer is definitely in violation if
the fuels have been marketed to a non-industrial burner. If the
marketer did so because of false information provided by the
21
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OSV7ER 9951.1
burner, action against both facilities may be pursued. Conspiracy
is a possibility in this situation, and should be considered
during an investigation. If, on the other hand, the burner
assumed the waste fuel was specification (as defined by 266.40(e))
and had not provided information identifying his facility as an
industrial burner, then only the marketer is in violation. This
type of violation is one of the more serious violations addressed
by this rule.
Industrial burne'rs that fail to notify EPA or fail to supply
the required notice to the marketer, but continue to burn off-
specification used oil fuel are in violation of the regulation.
In addition the marketer of the off-spec fuels is in violation of
the required notice - provision. The case-soecific factors should
be considered in assessing the severity of the violation, however.
In the case of burning hazardous waste fuel without, proper notifi-
cation, however, a more serious violation has occurred. The
burner is subject to hazardous waste storage standards and will
soon be subject to burning standards.
Investigating facility operating practices is a second area
of potential violations on which to focus. Hazardous waste
management violations, for example, treatment, storage and disoos.-?
of hazardous *faste without a permit may be common. Insufficieri
tr
secondary conrfwinment or diking required by SPCC Plans is another
example. In addition, these facilities may violate their wastes-..
discharge or pretreatment requirements depending on the type of
waste being processed for fuels.
22
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)SWER 9951.1
Establishing a case to prove such activity could require an
extensive records search and review, and a substantial sampling
and analysis plan. If illegal disposal of hazardous waste is
suspected, possibly through citizen reports, employee reports or
through sample analysis, then a preliminary step is to examine
records of shipments received to identify potential generator
sources, and an indication of the materials received. Several
states do require that used oil shipments be manifested by the
transporter or recycling facility from the generators. Therefore,
any state files should also be accessed.
Sampling incoming shipments and storage tanks will be necessary
to support case development. In some cases/ the sampling should
be done without advance notice to avoid alerting the facility
and potentially losing evidence. A facility that is accepting
hazardous waste will be prepared to redirect trucks in route,
transfer materials between tanks and between facilities given
sufficient warning. When sampling tanks, have the facility
owner/operators identify feedstock, processing and- product tanks,
and if possible, obtain a facility layout indicating this information.
This will baeuseful/ if not essential, in developing a case if a
violation i^touifd. In addition, records and other information
regarding outgoing shipments of the waste fuels should be obtained
to identify receiving facilities.
An investigation of a processing facility needs to be thorough
in order to identify questionable activity. In addition to
23
-------
OSWER 9951.1
reviewing records and samoling, examine'the equipment and the
treatment processes used at a facility. For example, if a processor
is accepting white-waters (i.e., oil-water emulsions often having
98% water) and claims to be separating the oils, determine if
the facility actually has the capability to break the emulsified
liquid to separate the oil. A large volume of materials of this
type can be handled and discharged in absence of any recycling.
The discharging of these materials in sewers or waters by themselves
may violate an NPDES permit or general pretreatment provision.
In addition, this activity can provide effective means of disposing
of hazardous waste. Furthermore, the structural integrity of
tanks and piping should be examined to assess the potential for
release. Underground or covered piping, especially, should be
evaluated for releases. Confirm that covered piping has an
identifiable end point.
Selecting burning facilities for inspection may be necessary,
particularly non-industrial burners. Direct targeting of non-
industrial burner facilities for sampling of their fuel oil,
however, will be a more research intensive effort as compared to
an indirect approach (i.e., selecting burners on the basis of a
*-•
used oil proeeaaor or marketer's customer listings). Identifying
non-industrial burners could be done by selecting a portion of
the universe. For example, the universe can be divided into
private or government which further breaks down to commercial
and residential or federal, state and local. Arranging for
sampling during delivery will usually require the cooperation of
24
-------
the owner/operator of the burning facility.
Another aspect of targeting non-industrial burners involves
determining that the facility is receiving a used oil fuel. if the
selection of burning facilities is based on the fact that they
are supplied by a marketer that handles used oil or waste fuels
then there is reasonable assurance that the fuel delivered will
industrial burners at random, however, increases the chance that
the fuel will not be used oil, but virgin oil.
There are benefits to either approach, and this depends on
the objective of the investigation. 1) Selecting burners because
they are supplied by a particular used oil fuel recycler or other
fuel distributor allows the investigation to be focused on the
compliance of a marketer or related marketers. In addition, it
reduces some of the targeting work and clearly links the marketer
and burner. 2) A random selection of burners (independent of
their fuel source) may reveal fraudulent business practices by
fuel suppliers. This also may result in the identification of
other waste fuel marketers operating outside of the system.
The procedure in absence of direct evidence, to determine- if
a fuel oil is indeed used oil (or a mixture) is discussed in the
section titl«d "Analytical Methods". Strategies and techniques
$£
for sampling» truck at a delivery point are discussed in the
section titled "Sampling".
Finally, any one of the scenarios discussed and others may
lead to discovery of facilities s'uspected to be operating outside
of the regulatory system or other State and Federal laws. In
25
-------
OSWER 9951.1
these cases, surveillance may be necessary to adequately develop
a case with evidence. At this time, a criminal investigator
should be contacted to assess.the situation.
Pre-inspectipn;
The following section on pre-inspections is meant only to
provide an outline of the type and source of information that
will be useful in preparing for an inspection. There are numerous
activities associated with preparing for inspections that this
document does not address.
A. Information needs
o Facility processes
o Facility size
o Materials handled
o Location
o Compliance status
o SPCC Plan - guidance
3. Sources of Information
o Notification Forms: EPA Notification of Hazardous Waste
Activity
o Permit Applications: Part A and Part B
o Biennial Reports
* '•
o EPA infection reports
o CERCL^Tiles
o State inspection reports
o State Solid and Hazardous Waste Files
o Dun and Bradstreet Reports
26
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OSWER 9951.1
Additional information -nay be requested crom a facility when
inadequacies or inconsistencies are discovered in the facility
files. Authorities under section 3007 of RCRA can be used to
obtain this information.
It is recommended that the states be contacted reqardino the
history of facilities. In many cases the states may have on-
goinq investigations or have conducted investigations of the
facilities in question.
-------
OSWER 9951.1
Site Inspect ion
An inspection is the primary means to determine a facility's
compliance status. If violations have been committed, then it is
necessary to collect supporting evidence for enforcement action.
The following section identifies specific requirements that
apply to the regulated community. In addition to containing
the cite to each standard, there is a brief explanation of each
standard. This is followed by examples of specific violations
which may be identified during an inspection, and the evidence that
may be needed to support those findings.
Theso guidelines should be treated as such; the following in
no way covers all situations that may be observed nor all types of
evidence which may be needed to support a case. If specific
situations arise in which inspectors need further guidance, they
should contact the appropriate enforcement or legal counterparts,
particularly if an inspector suspects he has discovered possible
criminal action.
Storaqe retirements may include. Spill Prevention Control
and Countermeasure (SPCC) Plan provisions and RCRA hazardous
waste storag£. reauirements. Although an inspector doing a RCRA
3£-
inspection ni^r not intend to perform SPCC inspections or be
trained to conduct the inspection, he may note possible violations
and refer them to the appropriate office in the Region or State.
Finally, used oil processing facilities do generate waste
streams which should be evaluated. Waste waters and sludges are
generated as a part of most processor, and these may be hazardous
28
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OSWER 9951.1
wastes. An inspection should be designed to obtain as much
information as 'possible about the fuel product and waste treatment
processes. • This will aid in assessing facilities waste streams
and compliance status with other standards.
29
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OSWER .9951.1
Generator Standards: Subparts D and E (§266.32 and §266.42)
Generators are subject to Part 262 provisions for hazardous
tfasta that is used as a fuel or to produce a fuel. If a generator
markets the hazardous waste fuel to a burner, then the generator
is subject to §266.34 (marketer standards). A generator burning
hazardous waste fuel is subject to §266.35 (burner standards).
Generators of used oil are not subject to Part 266 standards
unless they market the used oil to burners or burn the oil. If
the generator markets the used oil to burners, then the generator
is subject to §266.43 (marketer standards). A generator that
burns used oil is subject to §266.44 (burner standards). Therefore,
violations associated with a generator of used oil would relate
to marketing or burning activities which are addressed in later
sections.
(1) Small Quantity Generators (Also see Fj* at 10146 March 24, 1986)
(a) Hazardous waste from conditionally exempt generators (less
than 100 kg per month) mixed with used oil is subject to used
oil fuel standards (Part 266, Subpart E) ^hen the oil is burned
•4*
for energy recovery. §261.5(j)
(b) Generators of hazardous waste betwen 100 to 1000 kg per
month affip treated as hazardous waste fuel generators subject
ifc.
to Part*W6, Subpart D. If the hazardous waste is mixed
with used oil, the same provisions for listed and characteristic
wastes apply as discussed earlier.
30
-------
)SWER
!2) Soac* Heaters (§266.4 1 (2)(iii)(A)(3)(C))
Off-specificati-on used oil mav be burned for enerav recovery
in space heater- provided that:
A) The heater burnea only used oil that the owner or operator
generates or used oil received by do-it-your selfers who
generate used oil as Household waste: . -
B) The heater is desianed to have a maximum caoacitv of not
more than .5 million BTU per hour; and
C) The combustion gases from the heater are vented to the
ambient air.
The notification reouirements do not aoply to generators burnina
used oil in soace heaters.
31
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OSWER 9951.1
Marketer: Hazardous Waste Fuel
Requirements
Cite
Standard
1. Prohibition
$266.31(a)
2. Notification
S266.34(b)
3. Storage
§266.34(c)
4. Off-site shipments §266.34(d)
Hazardous waste fuel should
be marketed to only those
facilities that have notified
EPA and have I.D. numbers,
and the fuel sold to burners
should be only burners that
have industrial furnaces or
boilers.
Under authority in Section
3010 of RCRA, a marketer of
hazardous waste fuel must
notify EPA arid obtain an I.I).
number (even if the facility
has notified previously of
hazardous waste management
act i vi ty).
Parts 262, 264, 265 and 270
apply. Generators that
remove the fuel before 90
days are subject to $262.34
prov isions.
Waste shipped off-site are
subject to generator stand-
ards (Part 262).
-------
OSWFJR 9951.1
5. Required Notice
§266.34(e)
A one time written notice
certifying that the receiving
facility has notified I-,PA ami
obtained an I.I), number. A
marketer must receive this
before initiating any ship-
ment, and a burner's notice
must indicate that the fuel
will be burned in an indus-
trial unit.
6. Recordkeeping
§266.34(f)
7. Transportation
§266.33
In addition to other records
requirements of Parts 262,
264 and 265, a marketer must
maintain copies of the certi
fyino notices for 3 vears
after the last transaction
with any given facility.
A marketer that also trans-
ports hazardous waste fuel
is subject to Part 263,
transporter requirements.
31
-------
OSUKH 99'3l .1
Marketers: ll.ixa rdous Waste l-'uel
Possible Violations
1. Marketing of hazardous
waste fuel to non-
industrial burners.
2. Failure to notify EPA
of their hazardous waste
fuel activity (even if
notification for other
hazardous waste manage-
ment activity has been
done) or obtain EPA
I.D. number.
3. Failure to comply with
storage requirements of
Parts 262, 264, and
265.
266.34(b)
266.34(c)
Supporting Evidence
Sample/analyzo out-going
shipments of used oil fuel
to determine if it is
hazardous waste fuel or
sample fuel at burners.
Determine destination of
fuel shipment, i.e., indus-
trial or non-industrial
burner facility or: other
marketer. Obtain copy of
manifests if available.
Check files (and EPA files)
to verify absence of noti-
fication/EPA I.D. number.
Check for compliance with
storage reguirements and
examine for leakage around
tanks. If leaking, obtain
sample of tank contents.
Obtain photos of any leakage
Document deficiencies.
Assure presence of adeguate
SPCC plan and Contingency
plan.
34
-------
OSUER 9951.1
Shipping hazardous waste 266.34(e)
fuel to a burner or.
another marketer prior
to receiving the required
notice from the receiving
facility.
Shipping hazardous waste 266.33
fuel or Wflptitfl without a
manifest of*'Inadequate
manifest (e.g., unsigned,
no I.D. number,
inaccurate.)
266.34(e)(2)
265.76
Re ce i v i ng a s h i pine n t
of hazardous waste
fuel prior to sending
a required notice to
the shipping facility
or accepting the ship-
ment without a manifest,
and failing to report.
Failure to maintain 266.34(f)
the records for the
specified time period.
Check files for absence of
the required notice. Docu-
ment presence of invoices of
previous shipment without
matching notice.
Verify absence of manifest
for hazardous waste fuel
shipment, or obtain copy of
manifest. Sample/analyze
shipment if possible.
Document receipt of a ship
ment without previously
notifying shipper or re-
ceiving a manifest. Obtain
sample/analysis of shipment,
if possible.
Check files to verify absence
of reguired records. List
missing documents and obtain
copies of inadequate docu-
ments.
8. Accepting hazardous
waste without Interim
Status or a Permit.
3005 KCRA
Document receipt of hazard-
ous wastes. Copy labels,
manifest or other information
indicating material is
hazardous waste. Photograph
containers. (Apply rebuttable
presumption for TX in used
oil). Sample/analyze to
confirm prsences of hazardous
wastes if necessary. Copy
invoices confirming shipment.
Sample/analyze receiving
facility to verify used oil
mixed with hazardous waste.
-------
OSWER 9951.L
Marketers: Used .Oi I Fuel - .Suhpart tl
Requirements
1. Prohibition
Cite
S266.41(a)
2. Analysis
S2f66.43(b)( I)
3. Notification
§266.43(b)(3)
4. Invoice System
S266.43(b)(4)
Standards
Off-specification used oil
fuel may be marketed to
only facilities that have
notified EPA and obtained
an I.D. number, and to
burners that burn the fuel
in industrial furnaces or
botiers.
A marketer of used oil must
have analyses or other infor-
mation documenting a used oil
meets the specifications of
§266.40(e) prior to selling
it as spec-used oil.
A facility must notify EPA
of the used oil fuel acti-
vities regardless of prior
notification of hazardous
waste management*
A marketer must prepare an
invoice for any shipment of
off-specification used oil
and provide the specified
information to the receiving
facility (see appendices).
-------
OSWKR 9951.1
5. Required Notice
S266.43(b)(5)
6. Recordkeeping
S266.43(b)(6)
A one-time written notice
certifying that a receiving
facility has notified L'PA
arid has an I.I), number for
handling or burning off-spec
used oil fuel. Burners must
certify that off-spec used
oil is burned in industrial
units.
Invoices (and invoice infor-
mation for spec used oil
shipments) must be maintained
for 3 years after the last
transaction with any given
faci1ity.
17
-------
OSWER 9951.1
Marketers:. llsud Oil l-'ue 1
Possible Violations
1. Marketing off-speci-
fication used oil to
non-industrial burners
266.41(a)
2. Failure to provide
sufficient analysis or
other information
proving a used oil
meets the specifi-
cations, and marketing
to non-industrial
burners.
3. Failure to notify the
Agency of their used
oil fuel activity or
obtain I.D. number.
4. Failure to properly
invoice off-specifi-
cation used oil.
5. Shipping off-specifi-
cation used oil to a
burner or another
marketer prior to
receiving the required
notice from the
receiving facility.
266.43(b)(1)
and (2)
266.43(b)(3)
266.43(b)(4)
266.43(b)(5)
Supporting Evidence
Document shipments to non-
industrial burner. Obtain
copies of invoices. Obtain
copy of analysis. Sample
oil when possible.
Document shipment to non-
industrial burner. Obtain
copy of invoices.
receiving facility
industrial burner.
Document
is a non-
Obtain
copy of analysis
def iciencies.
and document
Check files (and EPA files)
to verify absence of notice
and/or I.D. number.
Document inadequacy of
invoice information. Obtain
copy of invoice.
Obtain copies of invoices
and the required notice.
Copy to illustrate receipt
after shipping. Document if
notice is not on file or
never received.
3H
-------
OSWI:R 9951.1
Possible Violations
Ci te
6.
Receiving a shipment
of off-spec fuel prior
to sending a notice to
the s' ' ' A«"-L,....
266.43(b)(5)
7. Not maintaining the
necessary records for
shipment of specifi-
cation used oil fuel.
266.43(b)(6)
Check files (and shipper's
files to verify absence of
required notice or invoice
or obtain copies or notice
and invoice showing receipt
of shipment prior to notice.
Check files to verify absence
of required records. List
missing information in files.
Obtain copies to illustrate
inadequacies. Note owner/
operator responses to
questions concerning record-
keeping.
39
-------
OSWER 9951.1
Uurners: Hazardous Was«« Fuel
Requirements
1. Prohibition
2. Notification
Cite
§266. 3 Kb)
§266.35(h)
3. Storage
S266.35(c)
4. Required Notice
§266.35(d)
5. Recordkeeping
§266.35(e)
Standard
Hazardous waste fuel is to
burned in only industrial
furnaces or boilers.
be
A facility burning hazardous
waste fuel must notify EPA
of their activity and obtain an
I.D. number.
Generators that burn and store
the waste within the short
term accumulation period are
subject to $262.34. Existing
storage facilities are subject
to Parts 265, 270 and 124.
New storage facilities are
subject to Parts 264, 270 and
124.
A-one-time written notice to
each marketer certifying that:
1) the burner has notified EPA,
2) has received an EPA I.D.
number, and 3) stating that the
hazardous waste fuel will be
burned in an industrial unit.
Applicable requirements of
264 and 265 and copies of each
certifying notice supplied to
marketers.
40
-------
OSWKK y9'31 .1
Murners:
Hazardous Waste Fuel
266.35(b)
Possible Violations Sect ion
1. Burning hazardous 266.31(b)
waste fuel jj| a
boi ler/f uritjlfci (jhat
does not meer the
regulatory defini-
tion of industrial
provided in the rule,
(see glossary).
2. Failure to notify the
Agency of their waste
fuel burning activity
or obtain I.D. number.
3. Failure to comply with 266.35(c)
storage requirements'/
Parts 265 (Existing
facilities), 264 (New
facilities) and 270.
(Existing is before
May 29, 1986).
Failure to provide the 266.3'5(d)
marketer with the one-
time written required
notice prior to receiv-
ing shipments.
Accepting a hazardous 26!>.76
waste fuel without
proper manifest forms
and fails to report
the shipment.
Supporting Evidence
Sample/information on fuel
in tank and any incoming
fuel shipment. Examine
boiler or furnace to verify
that it does not meet the
regulatory definition of
industrial boiler or
furnace (see glossary).
Check files (and EPA tiles)
to verify absence of noti-
fication or I.D. number.
Clu.'ok for compliance with
storage requirements and
examine for leakage around
tanks. Obtain sample/
analysis of contents. Obtain
photos of any leakage. Check
files for adeguate SI'CC
plan and Contingency Plan.
Check files to verify the
absence of reguird notice
sent. Obtain copy of invoice
for used oil shipments
received prior to notice.
Sample analys i s/informati on
or fuel to determine if it
is a hazardous waste fuel
and examine manifest records
for fuel shipment.
A I
-------
OSWEK 99131.1
Burning hazardous
waste for eneigy
recovery that does
not meet the 5,000
BTU/lb requirement for
fuel. (DoQ£ not apply to
48 FR 11158,
Match 16, 1983
(Note: (3))
Subpart O
Failure to maintain
records for the speci-
fied time period.
266.35(e)
Sample fuel/information
to determine its heat
value
Check files
documents.
and list missincj
42
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OSWEK 9951 .1
Burners: Used Oil Fuel
Requi rements
1. Prohibition
2. Notification
Cite
§266.41(h)
§266.44(b)
3. Required Notice
§266.44(c)
4. Analysis
§266.44(d)
5. Recordkeeping
§266.44(0)
Standard
Off-specification used oil is
to he burned in only industrial
units (.see glossary).
Burning off-spec used oil
requires that the burner notify
EPA of their activity and
obtain an I.I), number.
The burner must provide a one-
time written notice to the
marketing facility certifying
that the burner has notified
EPA and will burn the off-spec
used oil in industrial units.
Generators that burn used oil
claiming it to be specification
are subject to proving the used
oil meets the specs, and burners
that treat used oil to meet the
specs must have analysis or
other information proving it is
spec fue1 .
Copies of invoices, certifying
notices and records of analyses
must be maintained for 3 years.
4 J
-------
OSWER 99S 1.1
Burners; Used Oil Fuel
Possible Violations
1. Burning off-specification used
oil in a non-industrial boiler/
furnace.
Cite
266. 4Kb)
3.
Failure to notify EPA of
their waste-as-fuel burning
activity (if^they burn off-
specification used oil or
blend used oil to meet the
specification as a generator).
Failure to provide the marketer
the required notice certifying
the burner has notified FJPA.
Failure to analyze or provide
other information showing the
used oil the burner blended is
specification. (Applies to any
burner who blends off-specifi-
cation used oil to meet the
specification).
266.44(b)
266.44(c)
266.44H)
5. Failure to maintain the
for the time period.
records
266.44(e)
Supporting Evidence
Fuel information; examine
boiler or furnace to verify
that it does not meet the
regulatory definition of
industrial or facility is
not a manufacturing operation
(see glossary).
Check files (and EPA files)
to verify absence of notice
or 1.1), number.
Check files (and marketer's
files) to verify absence of
certification.
Obtain sample/analysis of
fuel to verify that it does
not meet the specifications,
Document: violation of
requirements for off-spec
used oil fuel.
Check files to verify absence
of required records. List
missing documents. Obtain
copies of inadequate documents
44
-------
Sampling
Equipment preparation for facility inspections will vary
•depending on the facility type and purpose of'ths inspection.
Sampling equipment to be used on the insoection for used oil
storage and transport tanks may include:
o extendable coliwasa: Liquid waste samplers
o weighted bottle samplers
o Bomb samplers
o Pond samplers (Rod and clamp)
Coliwasa samplers can be found in lengths up to 10 feet
which will be sufficient for sampling some underoround storage
tanks. (Underground storage tanks between 8,000 and 12,000
gallons have approximately 8 foot diameter shells and a 2 foot
to 4 foot fill pipe extension to the ground surface).
Weighted bottles and bomb samolers can be used to sample
larger above-ground storage tanks and underground storage tanks
(with man-ways as fill pipe diameters may restrict their use). A
more complete discussion about sampling can be found in Samplers
and Sampling Procedures for Hazardous Waste Streams; EPA-600/2-30-
108. In addition, ASTM-Standard D4057: Standard Practice For
Manual Sampling of Petroleum and Petroleum Products
can be referenced (see appendix E).
A samplfhg plan is a necessary part of the overall inspection
plan. Determine the necessary volume to be sampled, the number
of samples per containment vessel, and arrange for laboratory
support capable of performing analyses using standard operating
procedures. The laboratory conducti^q the analysis should be
45
-------
?S'/ER 9951.1
.consulted to determine the necessary sample size (volume) and
required container. Sampling techniques, including chain of
. custody procedures, should be used that do not jeopardize the
validity of the sampling. A QA/QC review of the sampling protocol
is recommended. Finally, provisions for supplying split samples
to the owner/operator need to be made as part of a sample plan.
Inspecting a processing facility will require thorough record
review and interviews with the owner/operator to determine accurately
the facility processes and operating procedures. The sampling
necessary to establish compliance status may be extensive. For
example, incoming truck loads, storage/processing tanks, outgoing
truck loads and waste streams may all need to be sampled. Therefore,
arrangements for lab. analysis must be established in advanced of
the scheduled inspection.
Containment vessels will vary in size and shape at facilities
storing used oil and hazardous waste fuels. For example, facilities
will use drums, above-ground storage tanks, underground storage
tanks and tank trucks. In addition, waste materials may be
stored in lagoons (surface impoundments). Sampling methods will
necessarily vary depending on the material stored and storage
vessel. The following is a brief discussion of specific situations
~jr
tffe*"
likely to be4Btcountered while sampling for waste fuels.
46
-------
Large_volume (above-ground) tanks will often have faucets
installed or the tanks from which samples can be drawn. Samnling
from, these faucets is acceptable. An important aspect, however,
is co 'nave faucets at different levels on the tank. If a tank
has an adequate circulation system which has been operating for
sufficient time to completely circulate the stored material,
these samples could be taken from one level 'or faucet). Art
inspector must make tank-by-tank judgements as to the adeauacy of
the circulator, system. If a circulation system is relied unon
for mixing the material so as to obtain a homogeneous sample,
the sampling must be done before the material is allowed to
settle. Settling and separation of liquid phases may occur in a
relatively short period of time (e.g. 1 hour or less) in large
tanks. Sufficient circulation time will depend on the tank size,
pump capacity and the material viscosity, and therefore, it is
likely that the owner/operator will need to provide the informati-
indicating required circulation time. Relying on circulation
systems is not necessarily recommended because of the possibility
of incomplete circulation.
A weighted bottle or bomb samoler are other methods for
obtaining samples from tanks or deep lagoons. The tanks should
be sampled atedifferent intervals starting from the top and wor--.:
^
down. A minimum of three (3) levels is recommended using the
ASTM D-405F method. In addition, a Coliwasa may be used to samp:
small tanks, especially underground tanks with small access
ports.
47
-------
OSWER 9951.1
Tan* :ks may need to be sampled and several options
may be app. ;riate. The technique used will depend on the
situation. For example, if a truck is being sampled at a fuel
delivery point, such as a burner, then sampling would best be
conducted during the delivery. Samples can be drawn from the
discharge hose at the beginning, middle and end of the delivery.
This approach provides a representative sample and clearly shews
the sample to be from the fuel that is delivered. Sampling from
the top of the truck is another approach. If the sampling is
done prior to delivery of the fuel, the inspector must be certain
that each compartment of the tank is sampled.1 Furthermore,
the i-nspector must identify which compartment of fuel is delivered
to a facility, and subsequently match the sample to the fuel
delivered.
Obtaining the samples during the delivery is the most assured
means of having the evidence showing a marketing violation if
the fuel is contaminated. This applies to deliveries of waste
oils (hazardous waste) to a recycling facility as well as fuel
shipments to burners. £f samples are obtained prior to a delivery
a facility may turn the truck away or a driver may opt to not
deliver a fuel shipment.
A qualiCJfcassurance procedure using blanks and replicates is
*?*:'
recommended. Blank samples can be prepared using mineral oil of
known quality.
Oil trucks will usually have multiple compartments, (e.g. A
3,500 gallon truck may have 3 compartments of different sizes.)
48
-------
Mineral oil can be used to provide a quality assurance check on
the cleaning of sampling equipment and sample containers.
Mineral oil of known quality should be entered into the samnlinrj
device and then transferred to a clean sample container. In
addition, verification of the sample container cleaning procedures
can be done by sending an empty sample container to the lab
perfroming the analysis. Replicate samples from tanks or trucks
should be taken to demonstrate sample procedure reliability.
This should be done at least once per facility.
Preservation of samples using ice or preservatives is not
necessarily recommended or needed for most used oil/waste fuel
samples. These samples should be treated as hazardous waste
samples and shipped according to DOT standards. Environmental
samples, however, should be preserved for shipment. (See
Appendix F for shipping procedures.)
Finally, sample equipment cleaning may be necessary on site
if more than one containing vessel is to be sampled. A procedure
recommended for cleaning samplers contaminated with used oil is
the use of unleaded gasoline and a soap wash. The following
steps are 1:2commended: (1) rinse the equipment with the unleaded
gasoline; (2X.wash with soap and water; (3) rinse with clean
>• "w'•
water folloMfljfcjby; (4) an acetone rinse and air drying.
49
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Analytical Methods
Analytical methods are recommended in the preamble (30 FR
49139, N'ovember 29, 1935) and shown in Table I of this document.
Although these are the procedure recommended to the regulated
community, they are not necessarily the methods the Agency will
use for sample analysis. A factor that must be considered when
evaluating a facility's analytical results is the precision and
accuracy of the recommended methods. There are variations of
these methods, and therefore, it should be specified by the facility
as to which is used.
The analytical program employed by the Regions can vary in
approach. However, use of any analytical methods for sample
analysis should be preceded by OA/QC protocols evaluating the
method performance. Additional methods reviewed by the Office of
Solid Waste will be presented in a report.
Screening methods may prove to be valuable in the field and
laboratory. If a reliable field test method is developed for
total halogen (TX), it may be useful for conducting more efficient
inpsections involving sampling (i.e., it may help focus the
sampling to those materials most highly contaminated). Another
approach to screening samples can be applied in the laboratory.
*w-
Samples coul^jjpr screened <£or TX and subsequent analysis could be
done for specific compounds. The approach selected will be
dependent on the resources available for sample/analysis programs.
50
-------
OSWER 9951.1
Identifying a fuel oil to be a used oil may be an essential
aspect of the analytical results should a facility deny the
presence of used oil or other wastes. In addition to the speci-
fications for used oil, several indicator oarameters may be
selected as criterion for determining if a fuel oil is contaminated.
As a general rule, chlorinated organic compounds will not be
found in virgin oils. Chlorinated solvents are not added to
fuels or lubricating oils during refinina. These compounds (e.g.
F001 and F002 wastes) even if present at extremely low levels
(less than 100 ppm) would be a definite indication that the fuel
is contaminated and may be a used oil mixture if not a hazardous
waste mixturee. A group of chlorinated organic compounds, parafins,
although not hazardous wastes would indicate that used oil is
present in the fuel. These parafin compounds are additives to
certain lube oils.
Metals are another mean of establishing the presence of used
oil or hazardous waste blends in fuels. Generally, if several of
the four metals (lead, arsenic, cadmium and chromium) established
as the standards for specification oil are exceeded by any measureable
amount, then it is reasonable to assume the fuel to be used oil.
In cases wher» only one or two of the specs for metals are exceeded,
' -I*
^^to&-
then the pr0fl|pce of other metals, such as zinc and barium,
would provide substantiating data that used oil is present.
(Appendix G provides a list of lubricating oil additives, and
tables of contaminant concentrations in used oil samples).
51
-------
OSWER 9951.1
Analysis to support the presumption of nixing will be an
essential element to any -enforcement .action. As stated in the
regulations, used oil containing a total halogen (TX) level in
excess of 1000 ppm is presumed to have been mixed with hazardous
waste. Note, it is not necessary that the total organic halogen .
level be over 1000 ppm to trigger the presumption. It is necessary-,
however, that sample analysis go beyond the identification of
TX. The analysis should proceed to the identification of specific
chlorinated organic compounds. If listed hazardous waste in the
form of chlorinated organics (e.g., F001 and F002 wastes) are
found at significant levels, the presumption that hazardous
waste is present is substantiated. Significant levels in this
case would be in excess of 100 ppm for any individual compound.
Additional rebuttals may be presented on the basis of specific
exemptions. However, the analytical data should be available to
support the initial conclusion by the Agency that a hazardous
waste is present.
52
-------
CS:/ER 9951.1
Glossary
Hazardous Waste Fuel;
Any fuel that has been mixed with a listed hazardous wasta
and used as a fuel or distributed as a fuel is considered a
hazardous waste fuel (Section 3004(g)). In addition, used oil
that continues to exhibit a characteristic, as defined by Part
251, after being mixed with a characteristic hazardous waste is
a hazardous waste fuel. Used oil with total halogen levels
exceeding 1,000 pom is presumed to have been mixed with listed
hazardous waste, and therefore, is regulated as a hazardous
waste fuel. (Used oil with flash point below 100°F is regulated
as off-specification used oil.) Exception: used oil or other
virgin fuel mixed with a small guantity generator (less than one
hundred kilograms per month) hazardous waste is not regulated as
hazardous waste fuel, regardless- of the total halogen level, but as
a used oil. (Mote: Future rules may change this exception). In
addition, a minimum 5,000 to 8,000 BTU per pound (3TU/lb) heat
value must be met for hazardous waste to be considered a fuel,
otherwise it constitutes "sham recycling." (48 Federal Register
11158 (n.3), March 16, 1983)
2. Industrial Burners (Boilers and Furnaces)
EPA def^fte the term "industrial boiler" as any boiler that
produces electric power, steam or heated or cooled air, or other
gases or fluids for use in a manufacturing process, or any boiler
located on the site of a manufacturing facility. Further, EPA
has defined "boiler" as an enclosed device using controlled flame
, 53
-------
OSWER 9951.1 . .
combustion and having specific characteristics including: (1) the
combustion chamber and primary energy recovery must be of intearal
design; (e.g., waste heat recovery boilers attached to incinerators
are not boilers); (2) thermal energy recovery efficiency must be
at least 60% and (3) at least 75% of recovered energy must be
"exported" (i.e., not used for internal uses like preheating of
combustion air or fuel, or driving combustion air fans or feedwater
pumps). See 50 £R at 661 (January 4, 1985).
"Industrial furnace" means any of the following enclosed
devices that are integral components of manufacturing processes
and that use controlled flame devices to accomplish recovery of
materials or energy:
( 1) Cement kilns
(2) Lime kilns
(3) Agaregate kilns
(4) Phospate kilns
(5 ) Coke ovens
(6) Blast furnaces
(7) Smelting, melting, and refining furnaces (includina
pyrometallurgical dev-ices such as cupolas, reverberator
furnaces, sintering machine, roasters, and foundry
furnaces)
( 8J Titanium dioxide chloride process of oxidation reactors
(9) Pulping liquor-recovery furnaces
(10) Methane reforming furnaces
(11) Combustion devices used in the recovery of sulfur values
from spent sulfuric acid
(12) Such other devices as the Administrator may, after notice
and Comment, add to this list on the basis of one or more
of Ujjfe. following factors:
(a) The design and use of the device primarily to accomplish
recovery of material products;
(b) The use of the device to burn or reduce raw materials
to make a material product;
54
-------
OSWER 9951.1
(c) The use of the device to burn or reduce secondary
materials as effective substitutes for raw materials,
in processes using raw materials as principal feed-
stocks ;
(d) The use of the device to burn or reduce secondary
materials as ingredients in an industrial process to
make a material product;
(e) The use of the device in common industrial practice to
produce a material product; and
(f) Other factors, as appropriate.
(Note: Aggregate kilns include asphalt kilns).
3. Invoice:
A record of shipments delivered or received for off-specifi-
cation used oil fuel. The following information is to be included
on each invoice: 1) invoice number, 2) individual's U.S. EPA ID
no., 3) receiving facility EPA ID no., 4) name and address of
shipping facility 5) quantity of fuel shipped, 6) date(s) of
delivery, and 7) the following statement, "This used oil is subject
to EPA regulation under 40 CFR Part 266." (see 5266.43)
4. Manifest;
A standard transportation form required for the transportation
of hazardous waste as regulated under RCRA, i.e., the Uniform
Hazardous Waste Manifest (EPA Form 3700-22/22A). (see definition
in §260. 10)
f**"
5. Off-speq^ftcation Fuel;
Used oil being recycled for energy recovery that has not
been mixed with a hazardous waste, but does exceed a specifi-
55
-------
OSWER 9951.1
cation level established for metals, total halogens or flash
point (S266.40(e)).
To clarify footnote (a), generally, used oil mixed with
hazardous waste is considered a hazardous waste fuel, and therefore,
the specifications are not relevant. However, there are exceptions,
one of which is small quantity generator hazardous waste mixed
with used oil. This mixture would be subject to the specifications
under Subpart E and not regulated as a hazardous waste fuel.
USED OIL EXCEEDING ANY SPECIFICATION LEVEL
IS SUBJECT TO THIS SUBPART WHEN BURNED
FOR ENERGY RECOVERY a/
Constituent/Property
Arsenic
Cadmium
Chromium
Lead
Flash Point
Total Halogen
Allowable Level
5 ppm maximum
2 ppm maximum
10 ppm maximum
100 ppm maximum
100° F minimum
4000 ppm maximum b/
a/ The specification does not apply to used oil fuel mixed with
a hazardous waste other than small quantity generator hazardous
waste.
b/ Used oil^CBitaining more than 1000 ppm total halogens is
presumed to be a hazardous waste under the rebuttable presump-
tion provided under $266.40(c). Such used oil is subject to
Subpart D of this part rather than this subpart when burned
for energy recovery unless the presumption of mixing can be
successfully rebutted.
-------
OSWER 9951.1
6. Rebuttable Presumption;
Used oil which contains in exces of 1000 ppm total halogens
is presumed, subject to rebuttal, to have been, nixed with a
halogenated hazardous waste. Such used oil is regulated as a
hazardous waste under the "mixture rule" of 40 CFR §261.3, which
provides that a mixture of hazardous waste and other material is
a hazardous waste. The presumption of mixing may be rebutted,
however, if .the owner can show that the used oil has not, in
fact, been mixed with hazardous waste.
7. Required Notice;
A one-time written notice certifying that an individual
(company) has notified EPA or authorized state of their hazardous
waste fuel or used oil management practices and will burn off-
specification used oil or hazardous waste fuel only in an industrial
boiler or furnace as defined in S266.31(b). The notice must be
sent by the owner/operator to each facility with which he has'
transactions involving used oil/waste fuels and a copy of the
notice must be retained. This requirement applies to both the
shipping and receiving facilities.
8. Specification Fuel: (Spec Fuel)
A used oil is a spec fuel if it does not exceed the levels
^SL.
for metals afllfchalogens or fall below the flash point establishe i
.^r!^'
in $266.40(e), and it has not been mixed with hazardous waste.
9. Used Oil:
Any oil refined from crude oil, used, and, as a result con-
taminated with physical and chemical impurities. (See RCRA
57
-------
OSWER 9951.1
section 1004). Included are the following: spent automotive
Lubricants and fluids (engine oils, transmission fluid, brake
flui-.-i and off-road engine oil); spent industrial oils, (compressor,
turbine and bearing oils) hydraulic oils, metal working oils,
refrigerator oils, railroad drainings; and spent industrial process
oils. (50 FR 49174, Nov. 29, 1985).
58
-------
9951.1
Appendix A
Used Oil Processina
-------
9951.1
INDUSTRY PRACTICES FOR USED OIL PROCESSING FOR FUELS AND LUBE STOCK
There are a number of processes applied to used oil for use as a fuel or
as re-refined lube stock. These processes include:
Settling ° Acid clay
Filtration ° Vacuum distillation
Dehydration (heat addition) ° Wiped film distillation
De-emulsion ° Hydrofinishing
Centrifugation ° Clay contacting
Blending
In addition, used oil is sometimes collected and sold or used as fuel without
any treatment. In the no treatment case, a truck typically collects oil from
one or more sources and delivers it directly to a fuel user.
Most used oil is subject to minor processing before being sold as a
fuel. Settling and filtration are nearly universally used processes; they
are designed to remove bottom sediment and water (BS&U) through simple physi-
cal separation. Settling is generally accomplished by pumping the oil into a
tank and allowing gravity settling to occur, followed by removing the oil
layer for use. The water layer may sometimes be added to other batches of
oil that are low in water, but usually it is disposed of as a wastewater. In
some cases oil is stored and settled in drums, surface impoundments or col-
lection ba: is; however tanks are most commonly used.
In addition to settling, filtration is almost always used to reduce
sediment and other solids from oil. Often the oil collection trucks and-the
waste oil tanks have filters in the lines so that the oil 1s filtered as it
is transferal from tank to truck or vice versa. The solids collected on the
filters arMBpoved periodically and disposed of as a solid waste. Process-
ing equlpmTfW In-line filtration and gravity settling consists of storage
tanks, pumps and hoses, (plus drums and surface impoundments, where appli-
cable).
Heat 1s used to enhance the separation of oil from water mixed with
light end fuels and gasoline, and to separate light end fuels and gasoline
1
-------
S5WER 9931.1
(see Figure 1). This process, dehydration, is accomplished by heating the
oil to decrease viscosity and improve gravity settling; this is usually done
in a settling tank. (Waste oil may be used as the fuel to supply the heat.)
Steam condensate is formed in the cooling lines and becomes part of the
wastewater stream. The wastewater from this process will likely contain
volatile organfcs, such as TCE, 1,1,1-trichloroethane and trace fuel products.
Settling, filtration and heating are primarily used to reduce water,
solids and some of the light hydrocarbons which affect the oil. Heavy metals,
organics and other potentially hazardous constituents which are solubilized
in the oil are not significantly affected by these minor treatment processes.
Analytical data indicates that only re-refining reduces hazardous constitu-
ents in used oil.
Used oil can form emulsions as a result of fuel additives and other
materials from automotive or industrial uses. Some hydraulic fluids, lubri-
cants and coolants are formulated as oil-water emulsions containing mostly
water (60 to 952) and lesser amounts of oil. Agitators are used to mix
emulsion-breaking chemicals in waste oil. Settling follows the agitation,
and the resulting wastewater layer is separated from the oil layer. De-
emulsion by agitation and settling is performed in tanks or surface impound-
ments; tanks are generally above-ground and may be open-topped.
Centrifuges are used by some used oil processors to remove fine solids
from oil. Filter screens are also used for the same purpose. Centrifuge or
filter screen solids are usually disposed of as a solid waste at sanitary
landfills, however, they may be sent to hazardous waste landfills, incin-
erated or sold to asphalt plants as asphalt extenders or fuel. The waste-
water is most commonly treated at private treatment or recovery facilities;
alternatively it may be stored in surface impoundments or evaporation ponds,
or may be discharged to the sanitary sewers.
Blending Is done by processors to mix treated oil with untreated oil,
virgin fuel|g£ls or solven^ (usually non-chlorinated) to achieve desired ena
products. ITending Improves oil quality by diluting the concentration of
undesirable contaminants. Most typically, blending refers to mixing proc-
essed used oil with virgin fuels (No. 3, 4, 5 and 6 and diesel fuel).
Blended fuel oil products typically contain 5 to 20 percent used oil; they
are usually sold directly to end-user's by virgin fuel oil dealers who do t"e
-------
OSWKK 09'i |.l '
Figure 1
WASTE OH.
SIEVE SHAKER
{REMOVES RAOS, LEAVES
AND MISCELUUBMIft SOLIDS
SOUDS TO
NOTE: PRESSURE FILTER OR
VACUUM FILTER CAN BE USED
IN LIEU OF CENTRIFUGE
HEAT
CHEMICALS FOR
pH. EMULSIONS. ETC.
TO DISPOSAL
(
WATER TO
TREATMENT
HEAT
TO DISTILLATION
-*. TO CONSUMER
WASTE OIL
RECEIVING TANK
HEATING/MIX
TANK
CENTRIFUGE
(CAN BE HORIZONTAL
OR VERTICAL)
PROCESSED OIL
WATER SEPARATOR
FUEL PROCESSING
HEATING, TREATING, AND CENTRIFUGING
-------
blending in their tanks. In addition to mixing processed oil with virgin
fuel oil, treated oil may be mixed with other used oil. Used oil that is
high in water may be blended with other used oil to achuve a blend with an
acceptable 8S4W level. Some processed oils are blended with solvents to
decrease oil viscosity or as a means of solvent disposal.
Blending can be done according to various end product specifications.
Some blenders mix a given ratio of processed used oil with virgin fuel oil.
Other specifications for blending include product viscosity, heat content,
percent solids, or percent moisture. Because these specifications require
that the blender conduct some analyses of the oil, most blenders have desig-
nated receiving tanks for storage of used oil. After analysis to determine
blending ratios necessary, the used oil is usually pumped and metered into a
blending tank where it is mixed with a measured volume of virgin fuel oil,
other used oil, etc. The oil is blended using mechanical mixers, aeration or
in-line mixing. The blended oil is usually pumped to a storage tank or to a
truck for delivery to a user.
Figure 2 is a schematic showing used oil processes for fuel production,
the residues generated from them, and their usual disposal/treatment alter-
natives.
The remaining processes, acid clay, vacuum distillation, wiped film
distillation, hydrofinishing and clay contacting, are all re-refining tech-
niques that change the quality of used oil from a contaminated waste to a
useful product with reduced levels of contaminants. Re-refining is practiced
by only a small number of facilities (about 9 facilities 1n 1984). Re-re-
finers are usually larger than used oil processors; however, due to their
small number, they collectively handle less than 15 percent of used oil which
is collected. Typical re-refiners process 8 to 10 million gallons of used
oil per year. Larger ones may process up to 20 million gallons of used oil
annually. -^
The ad^flay process was practiced in 1983 by only 2 or 3 facilities
which each handled 2 to 4 million gallons per year. The process basically
is conducted In three parts: a dehydration step, the acid treatment, and the
2
clay treatment. In the dehydration step, filtered oil is heated in a tank
to remove water. The dehydrated oil js then pumped to an acid treating unit
where it is agitated with air and mixed with acid for 24 to 48 hours. An
-------
Appendix B (1-3)
-------
OS'.VER 99 5
APPENDIX B-1
Effective Dates
Requirement Date
Prohibitions December 9, 1985
Used Oil.Specification
(except lead specification)
Rebuttable Presumption
Analysis 5 Recordkeeping
for Specifications
Notification January 29, 1986
Other Recordkeepina March 31, 1936
(Manifest, Invoice,
Certification Notice)
Part A Permit Applications May 29, 1986
(Hazardous Waste Fuel
Storage)
Storage Controls
Lead Specification
-------
OSWER 9951.1
Appendix B-2
Invoice System:
1. Invoice Number
2. Sender's EPA Identification Number
1. Receiver's EPA Ident if. icat ion Mumbar
4. Barnes and Addresses of Shipping and Receiving Facilities
5. Duantity of off-specification used oil to be delivered.
6. Oate(s) of shipment or delivery.
7. Statement: "This used oil is subject to EPA Regulation
under 40 CFR Part 266."
-------
OSWER 9951.1
Appendix B-3
Reauired Notice:
1. One-time written notice.
2. Certifies that the marketer or burner has ixotified EPA of the
location and general description of the hazardous waste fuel
and used oil activity.
3. Burners must state that hazardous waste fuel and off-specifi-
cation used oil fuel will be burned in industrial boilers or
furnaces, only.
4. Notice must be provided before a marketer may ship off-speci-
fication used oil or hazardous waste fuel to another marketer
or burner.
-------
OSWE?. 9951.1
Appendix C
Checklist
-------
U..WKK
.]
NOTE: * DENOTES MOST COMMON METHODS OF RESIDUE MANAGEMENT.
SOURCE: REFERENCE I.
Figure 2. Processing residue generation and management.
-------
OSWER 9951 .1
acid sludge containing oxidized contaminants and ash is removed from the
bottom of the reactor and disposed, most often at a hazardous waste landfill.
The treated oil is then transferred to a clay treatment tank (a 5,000 to
10,000 gallon tank) where it is stripped with steam to remove light fuel
fractions and subsequently slurried with clay (usually activated clay and
diatomaceous earth) to remove inorganic contaminants (metals, color bodies
and collida'l carbon). The hot oil and clay is then filtered. The clarified
oil is mixed with additives; the resulting blended oil is the lube oil pro-
duct. The spent clay is usually landfilled.
Figure 3 shows the acid/clay re-refiner residue generation and manage-
laj
ment. An acid clay re-refiner typically generates the following amounts of
residues annually:
In-line filtered residue 200 to 2,000 pounds
Wastewater 100,000 to 1,000,000 gallons
Acid sludge 250,000 to 750,000 gallons
Spent clay 300 to 500 tons
Most re-refiners use vacuum distillation technologies to produce lube
oil stocks from used oil. Used oil is filtered and heated in a direct heater.
It is then sent to a flash tower where oil/water overhead is condensed; the
light fuel is used in the plant and the wastewater is treated. Caustic and
light oil (naptha) are added to the flash tower bottoms to break oil-water
emulsions and precipitate solids. The solids are removed as a sludge from a
centrifuge. This is considered pretreatment. The pretreated centrifuged oil
is pumped to a vacuum distillation tower where it is heated under a vacuum
(700°F and 27" mercury). Three streams are produced. The overhead light
fuel (naptha) 1s condensed and reused in the plant. The ash-containing
bottoms are often used by asphalt plants. The middle stream is the lube oil
stock; it may be finished using a clay treatment (clay slurrying and filtra-
tion), folljiift by blending, with appropriate additives.
Figure£pep1cts vacuum distillation re-refiner residue generation and
management. A typical vacuum distillation generated the following amounts
of residues annually:
In-line filtered residue 500 to 5,000 pounds
Wastewater 250,000 to 2,000,000 gallons
Spent clay ' 500 to 2,000 tons
-------
OSWKK
WASTE OH.
GENERATOR
£
IN-LINE
FILTER
COLLECTION
TRUCK
IN-LINE
FILIER
MI WITH
MUNICIPAL
WASTE
DEHYDRATION
UNIT
ACIO
TREATMENT
CLAT
CONNECTING
LUBE OH
BLENDING
* + * *
•RICK/ffAVMa
MATERIAL
SECURE
LANDFILL*
ACIO
RECOVERY
•FUEL
* * t
LANDFILL*
BURN FOR
FOR RECOVERY
REGENERATION
NOTE: * DENOTES MOST COMMON METHODS OF RESIDUE MANAGEMENT.
SOURCE: REFERENCE 1.
Figure 3. Acid/clay re-refiner residue generation and management.
-------
U.'.WI.K
WASTE OIL
GENERATOR
^
IN LINE
FILTER
COLLECTION
TRUCK
IN-LINE
FILTER.
HEATED
SETTLING
00
( FILTER A
V RESIDUE I
MIX WITH
MUNICIPAL
WASTE
SKIMMED
OIL
IMPOUNDMENT.
EVAPORATION
POND9
SANITARY
SEWER*
STORM SEWER
NOTE: * DENOTES MOST COMMON METHODS OF RESIDUE MANAGEMENT
SOURCE: REFERENCE 1.
Figure 4. Vacuum distillation re-refiner residue generation and management
-------
listing wastes from the manufacture of UDMH as hazardous under
RCRA,'7 since EPA believed that this data provided strong evidence
that UDMH is a carcinogen. Uniroyal responded to the August 17,
1989 Notice of Data Availability with the following contentions
that the data did not support a determination that UDMH was a
probable human carcinogen. The specific challenges to the
significance of these data for a carcinogenicity determination
are given below.
a. Uniroyal claimed that the biological significance of
the interim results of the UDMH and Daminozide study are
questionable. For example, while positive tumorigenic results
were seen in mice, no significant increases in tumor incidences
were detected in any of the exposed groups of rats.
Response; The lack of detectable effects in rats cannot be
construed as evidence for noncarcinogenicity. Only an extremely
potent carcinogen would be expected to induce an increase in
tumor incidence as early as 12 months from the start of exposure.
In fact, the positive results seen in mice as early as 8 months,
suggest that UDMH is not only a carcinogen, but a rather potent
one. Furthermore, it is generally recognized that species may
differ in sensitivity to an applied dose, so the interim results
with rats is not inconsistent with this expectation.
I754 FR 33942.
-------
gain or loss of specific enzyme systems in the hepatocytes.
Since the cells are rapidly dividing, one enzymatically altered
cell will reproduce to form an "island" of similar cells. These
islands can be made visible by differential staining techniques.
The assay is regarded as a test for probable carcinogenicity
since the enzymatic changes are considered by many investigators
to be early steps in the progression of cellular changes leading
to cancer.
The tumors, however, occur in blood vessels, a different
type of tissue than located in the liver. Thus, the lack of any
increase or severity of the liver islands does not negate the
carcinogenicity determination.
c. Uniroyal argued that since positive results were seen
in mice only at 40 and 80 ppm, dosages that Uniroyal claims are
clearly in excess of the maximum tolerated dose (MTD), any
conclusions on the carcinogenicity of UDMH based on results from
tests which exceeded the MTD are not valid.
Response; According to established Guidelines18 using body
weight gains, survival, etc., EPA believes that the MTD was not
exceeded. Mortality that did occur during the first 12 months of
exposure was considered by the EPA auditors19 to more likely be
the result of cancer rather than liver necrosis. Since tumor
increases were detected in intermediate dosed males as well as in
females, in which the pathological effects and other toxic signs
18U.S. EPA (September 24, 1986), ibid.
19U.S. EPA, OPP (April 22, 1985), ibid.
10
-------
were minimal, the results are not considered to be invalidated by
the debatable overdosage.
Even if the MTD was exceeded, the data can be used in
assessing carcinogenicity according to EPA's risk assessment
Guidelines, if the results are carefully reviewed to ensure that
responses are not due to factors operating only at levels above
MTD.20 These include effects such as metabolic activation at
high concentrations and hormonal changes. There is little
information to indicate that UDMH requires this type of
activation, however, which would call into question the
possibility that the observed effects were due to an exceedance
of the MTD. In addition, there is also no data to indicate that
important hormonal.changes are taking place, another effect that
could be caused if the MTD were exceeded.
The pathological changes in the liver would be of serious
concern in evaluating whether the MTD had been exceeded if the
liver itself was the primary target organ for the carcinogenic
effects of UDMH. The possible genetic alterations with increased
cell turnover rates resulting from the pathological changes could
lead to tumor induction in some cases. UDMH, however induces
tumors in blood vessels and not in the liver itself. As a
results, the changes in the liver do not confound the
observations of carcinogenic effects in other organs, the blood
vessels.
20U.S. EPA (September 24, 1986), ibid.. pp. 1-5.
11
-------
The pathological changes in the liver would be of serious
concern in evaluating whether the MTD had been exceeded if the
liver itself was the primary target organ for the carcinogenic
effects of UDMH. The possible genetic alterations with increased
cell turnover rates resulting from the pathological changes could
lead to tumor induction in some cases. UDMH, however induces
tumors in blood vessels and not in the liver itself. As a
results, the changes in the liver do not confound the
observations of carcinogenic effects in other organs, the blood
vessels.
Thus, EPA does not believe that the MTD was exceeded in the
recent Uniroyal studies. Secondly, even if the MTD has been
exceeded, EPA's careful review of the data has ascertained that
the carcinogenic effects were independent of any physiological
changes which could have been caused by an exceedance of the MTD.
The results, therefore, still may be used to determine that UDMH
is a carcinogen.
d. Uniroyal claimed that the carcinogenic effects were
accompanied by a variety of hematological, liver enzyme and liver
pathology changes that may well have been responsible for the
tumor induction. Thus, the commenter contended that the tumors
should not be considered to be the result of a carcinogenic
effect of UDMH.
Response; The hematological, liver enzyme, and liver
pathology changes are considered by EPA to be a result of tumor
growth and are thus not responsible for their induction. In
12
-------
other words, these changes are considered to be the result of the
carcinogenic effects of UDMH, and not some side effect unrelated
to carcinogenesis. In addition, it should be noted that tumors
were induced in females in which alterations of liver enzyme
activity and hematological parameters were minimal. Finally,
increased tumor incidences were also seen in the lungs, an organ
showing few indications of pathological changes. Thus, the
Agency does not agree that the observation of hematological and
liver changes negates a conclusion that UDMH should be considered
a causative agent for carcinogenesis.
e. In general, Uniroyal contended that the weight-of-
evidence from the interim results of the studies on UDMH
carcinogenicity did not support a determination that UDMH should
be classified as a category "B2" carcinogen, a "probable human
carcinogen."
Given that significant increases in tumor incidences were
seen at more than one site, in both sexes of mice, and to occur
very early, and because the responses occurred in the lungs even
at lower, relatively non-toxic doses, the newer, interim data is
considered by the Agency to be consistent with the earlier data
regarding the carcinogenicity of UDMH.
According to EPA's Guidelines for cancer risk assessment, a
chemical is classified into category B2 when there is sufficient
evidence for carcinogenicity in animals, but insufficient data in
humans. Sufficient evidence for carcinogenicity in animals
occurs when there is an increased incidence of malignant or
13
-------
combined benign and malignant tumors (a) in multiple strains or
species (b) in multiple experiments (e.g., with different dose
levels) or (c) to an unusual degree in a single experiment. The
interim results of the studies satisfy both categories "a" and
"c" in that significant tumor increases occurred in both mice and
hamsters and the response occurred to an unusual degree, e.g., 84
percent incidence of hemangiosarcomas in male mice. Thus, since
human data is inadequate, while animal data is sufficient, UDMH
is still considered to fit the classification weight-of-evidence
category B2.
f. Uniroyal claimed that the interim data were also
inadequate to establish a quantitative, or dose-response, risk
estimate for UDMH.
Response; The Agency need not develop quantitative weight-
of-evidence for a potential carcinogen as a necessary basis for a
determination that a toxicant of concern or wastes containing
that toxicant should be regulated as hazardous under RCRA.
Available studies on UDMH do indicate that it is a potent
carcinogen. The final studies on UDMH carcinogenicity to be
submitted to EPA in the future are not likely to alter this
evaluation.
g. Uniroyal also claimed that the results from the interim
studies being conducted by Uniroyal demonstrated that UDMH was
not mutagenic.
Response; A total of 5 mutagenicity studies were submitted
to EPA as part of the interim results on UDMH oncogenicity during
14
-------
1989. Three were considered to be negative and acceptable, the
Ames Salmonella test, unscheduled DNA synthesis, primary rat
hepatocyte and CHO/aberration. The use of an unusual solvent
0.25 N HC1, however, limits the interpretation somewhat. Two
CHO/hprt gene mutation assays were also submitted, one using the
0.25 N solvent. In the second, an attempt was made to buffer the
solution. In these latter two studies there were enough
instances of elevated frequencies to suggest that there may be
mutagenic activity. Taken as a whole, therefore, the results
must be considered to be equivocal, rather than negative. They
also do not discount the validity of the earlier tests that were
positive since conditions varied somewhat with each test.
(**Will expand this section later.**)
In summary, after carefully evaluating the comments, the
Agency believes that the available evidence supports a
determination that UDMH is carcinogenic.
15
-------
Wiped-film distillation, hydrofinishing and clay contacting are varia-
tions of the acid clay and vacuum distillation re-refining technologies just
discussed. The wiped-film distillation occurs in a distillation column and
removes water and the light oil fraction from the used oil. Hydrofinishing
involves reaction of the lube oil distillate the hydrogen over a HCl-re-
sistant catalyst to remove nitrogen, oxygen, chlorine and some sulfur-bearing
organic compounds. The hydrofinishing process produces saturated hydro-
carbons and HC1, water, ammonia and hydrogen sulfide. Clay contacting re-
moves metals and other inorganics (see previous discussion).
-------
OSWER 9951.1
RCRA Checklist for Generators Recycling Wastes To 3e Burned
for Energy Recovery
Name of Facility:
Address:
EPA r.D. Number:
Facility Inspection Representative
Title:
Telephone Number:
These are questions pertaining to owners and operators who recycle
wastes to be burned for energy recovery.
1. Does the facility generate any hazardous wastes? yes no
2. Has the facility identified all hazardous wastes
generated on site in accordance with §262.11? yes no
3. Does the facility classify as a generator regulated
under RCRA generator regulations? yes no
If yes, then refer to the appropriate checklist
for generators: Small Quantity or Generators.
4. Does the owner/operator market waste as fuel
directly^to burners? yes no
If yea, Upon refer to the marketer checklist.
5. Does the facility ship hazardous waste off-site? . yes no
If yes, review the facility records for the
required manifests for shipments. (§262.20)
*
6. Does the facility recycle used oil, i.e., ship
used oil off-site? (specify where if possible) yes no
-------
OS WE a 9951.1
7. Does the facility burn its waste as fuel for
. ' energy recovery? yes no
If yes, then refer to the burner checklist.
Inspector's Name:
Title:
Agency:
Office Location:
Date of Inspection:
Comments:
-------
RCRA Checklist £or Inspection of Waste Fuel Marketers/Processors
Name of Facility:
Address:
EPA Waste Fuel I.D. Number:
Facility Inspection Representative:
Title:
Telephone:
Site Characterization:
1. Does the facility accept hazardous waste?
2. Does the facility blend hazardous waste with
oil to be marketed as fuel?
3. Does the facility accept hazardous waste fuel/
i'.e., used oil previously blended with hazard-
ous waste?
4. Check the following general operatina practices:
yes
ves
yes
no
no
.no
Storage
Drum
Above-ground tank(s)
Underground tank(s)
Other
Tank siz**
Descriptions and
Observations:
Treatment
Settling
Heat addition
In-Line Filtering
Certrifugation
Screen Filtration
Dehydration
Emulsion Breaking
Blending
Disposa1
Landfill
Land Treatment
Surface .
Impoundment
Other
-------
OSWER 995 L.I
5. Does the facility have Interim Status or a
permit (Section 3005)? yes no
Specify: .
6. Does the facility generate hazardous waste? yes no
7. Does the facility accept hazardous waste? yes no
specify waste and generator type.
(Request manifests for review)
Small Quantity Generators
( <100kg/m or 100 £1000 kg/m)
Large Quantity Generators
Specify waste types:
8. Does the facility accept only used oil? yes no
9. Specify other material recycled as fuel.
10. Has the facility notifed the Agency of their waste
fuel activity? (§266.34(b)) ' yes no
If no, explain: '
11. Does the facility have manifests for all shipments
of hazardous waste and blended hazardous waste
fuel (received or sent)? (§265.70) yes no
12. Does theacility have a copy of the required
notice £•• burners or marketers to whom waste
fuel is W&keted? ($266.34(e) or §266. 43(b) ( 5) ) yes no
13. Does the facility have invoice information for
shipments of used oil claimed to be specifica-
tion used oil fuel? (§266. 43(b) (6) yes no
-------
OSWER 9951.1
14. Does the above invoice information for
specification used oil fuel have a cross-
reference to analysis or other information? yes no
15. Does the facility analyze for metals and
halogens? yes no
Specify methods:
16. Does the facility have records of analysis
or other information used to claim used
oil meets the specification? yes no
17. Does the facility have the records required
under §266.34(f) or §266.43(b)(6)? yes no
Comments:
Mote: If a facility markets hazardous waste fuel, the facility.
is subject to storage requirements of Parts 262, 264 or 265
and 270, Subparts A through L. Therefore, the RCRA checklist
for inspection of JTSD Facilities may be useful.
Inspector's Name:"
Title:
Agency: ':
* -f ^SMM..
fSCl '
office Locatibat
Date of Inspection:
-------
OSWER 9951 .1
RCRA Checklist for Burners of Used Oil Fuel
and Hazardous Waste Fuel
Name of Facility:
Address:
EPA Waste Fuel I.D. Number:
Facility Inspection Representative:
Title:
Telephone:
The following questions pertain to facilities regulated under
Part 266 who are burning waste fuel for energy recovery. These
do not necessarily apply to incineration under Subppart 0 of part
265.
1.
2.
3.
4.
5.
Does the facility burn used oil fuel?
Specify: off-specification specification
Does the facility burn hazardous waste fuel?
Does the facility's burning unit(s) classify as
industrial boiler(s) or industrial furnace(s)?
Has the owner/operator notified EPA of their
waste fuel activity? (§266.35(b) or §266.44(b))
Was the flwility existing before May 29, 1986?
yes
yes
yes
yes
yes
no
no
no
no
no
6. Does th^^Scility have records of the required
notices sent to the fuel suppliers (marketers)
for hazardous waste fuel or off-specification
used oil? ($266.35(d) or §266.44(c)) yes no
7. Does the facility have Interim Status or a yes no
permit (§3005)?
Note: Storage requirements under Subparts A through L, Parts 262,
264 or 265 and 270 apply to these facilities as of May 29,
1986. Therefore, refer to the RCRA Checklist for inspecti-:-
of TSD Facilities.
-------
OSWER 9951.1
Comments:
Inspector's Name:
Title:
Agency:
Office Location:
Date of Inspection;
-------
Appendix D
Samplinn Methods
ASTM D 4057
-------
9 5 L. 1
Designation: 04057-a 1"
MPMS (Ch*pt«f 0.1)
AMEB.CAM SOClETv «OB 'ES*'NG *NO MATERIALS
<9<9 Out Si "Mict'O"'! pi '"03
n*0"iitO 'ram mt Annual 8oo« 01 ASTM Sunol'OJ Cooyrigm ASTU
it 101 i-stfO noti *"' 100*4' >" mt ^tit tditton
Standard Practice for
MANUAL SAMPLING OF PETROLEUM AND PETROLEUM
PRODUCTS'
Thii iuadard u uiiwd uadcr th< Aud daiguuoa O 4057: UM auatatr ummduiciy foUoviot UM dcugoiuo* urti-'vf* ib*
yur of onainil adopuea or. in UM cu» of rcvuio*. i4« y««f of Lut rrruwa. A auabtr ui parcntbtMi ladwiMi UM j^w o«" Uat
(ctppravti. A tupcnenpi tpuJos («) iadiaui ta iditonal cbioft iue* (be UM revuioo or rtapproval
" Non— An editonaJ correction *u mad* in Ftf. 6 in November 1984.
'' Norr^An ediiond cornelian •*> made in 1.6.4 in November 191).
1. Scopt
1.1 This practice coven procedures for ob>
uioiag represenuuve samples of stocks or ship-
menu of uniform petroleum products, except
electrical insulating oils and fluid power hy-
draulic fluids. This method also does not cover
butane, propane, gas liquids at or above 26 psi
(179 kPa) Reid vapor pressuretRvp), and other
petroleum products that are gases at atmos-
pheric temperature aad pressure.
Non I—The procedure! described ia this
method may also fuid application ia sampling most
ooncorrosive liquid industrial chemical*, provided
that ail safety precautions specific to these chemicals
can be stnctly followed.
Non 2—The procedure for sampling liquefied
petroleum ga»es is described in ASTM Method
0 1263. Sampling Liquefied Petroleum (LP> Cases.'
the procedure for sampling electrical insulating oils
in ASTM Method O 923. Sampling Electrical Insu-
lating Otis.] and the procedure for sampling fluid
power hydraulic fluids is covered under ANSI/
B93 19 and ANS1/B93.44.
1.2 This procedure also coven sampling of
erode petroleum and aonumform petroleum
stocks and shipments. However, different de-
grees of uniformity or the presence of sediment
aad wtttr an shown to present manual sam-
ptindUBcolties that may affect the repnsent-
atMpHare of final samples.
II Sampling certain products requires a due
amount of caution for their handling. Refer to
Annex Al for precautionary sutcmenu regard-
ing thes* products.
3. Appekahte Documents
3.1 ASTM Standards:
D2I6 Method for Distillation of Natural
Gasoline*
D244 Methods of Testing Fmuiprjyf
Asphalts'
D268 Methods of Sampling and Testing Vol-
atile Solvents and Chemical Intermediates for
Use in Paint and Related Coatinp and Materials4
D323 Test Method for Vapor Pressure of Pe-
troleum Products (Reid Method)2
O 346 Methods for Collection and Preparation
of Coke Samples for Laboratory Analysis1
D525 Test Method for Oxidation Stability of
Gasoline (Induction Period Methodr1
D873 Tea Method for Oxidation Stability of
Aviation Fuels (Potential Residue MethodH
D977 Specification for Emulsified Asphalt1
01856 Test Method for Recovery of Asphalt
from Solution by Abson Method'
O2172 Test Method for Quantitative Extrac-
tion of Bitumen from Bituminous Paving
Mixtures'
4. StflMnary of Practice
4.1 A basic sampling method is available:
lank sampling, which is covered in this practice.
ts» juradicao*) of ASTM Coaautu*
'That
021
Cu
1911.
' /(wo* took of ASTM &«•*•*!. Vol 05.01.
1 Am* fa* of ASTM iMwtontt. Vol 04.03.
ItotttfASTMSie**!. Vol 06.01
IJbrtc tfASTtt Su^rn*. Vol 05.05.
-------
9951 .1
4 I.I [f the lank contents are not homoge-
neous from top to bottom of the tank or if the
conditions ui 4.1.2 are not met. automatic sam-
pling is recommended.
4.1.2 Tank samples will be representative if
the tank contents are homogeneous from top to
bottom. This is rarely the case to actual prac-
tice. However, tack samples are acceptable if
all of the following conditions prevail*
4.1.2.1 The tank contains a heavy compo-
nent (such as water) that clearly separates from
the mam component; and
4.1.2.2 The task i* equipped with either a
swing suction or a weir on the outlet that
prevents any shipment of the heavy compo-
nent: and
4.1.2.3 The tank samples are taken so that
none of the heavy component is included.
4.1.3 See Section 8 for additional precau-
tions and instructions.
5. SifaMcaaceaadUse
5.1 Samples of petroleum and petroleum
products are examined by various methods of
test for the determination of physical and
chemical characteristics. The test results are
often used for custody transfer and pricing
determinations. It is accordingly necessary that
the samples be representative of the petroleum
or petroleum products in question. The precau-
tions required to ensure the representative char-
acter of the samples are numerous and depend
upon the type of material being sampled, the
(jink, carrier, container or line from which the
sample is being obtained, the type and cleanli-
ness of the sample container, and the sampling
procedure that is to be used. A summary of the
sampling procedures and their application is
presented in Table I. Each procedure is suitable
for sampling a number of specific materials
under definite storage, transportation, or con-
tainer conditions. The basic principle of each
procedure is to obtain a sample or a composite
of several samples in such manner and from
such locations Jit the tank or other container
that the samplr or composite will be truly
repratautive of the petroleum or petroleum
product.
& Description ef Tern*
6.1 S0*pi*x
6.1.1 uniform pttnfaim product—one in
which spot samples from top. upper, middle,
lower, aad outlet agree wuhin^he precision of
04057
the laboratory tests. Similarly, in pipeline trans-
fers, spot samples taken at I. 20. 50. and 30 "-
of the total volume agree wuhin the precision
of the laboratory tests.
6.1.2 "official" sample—a sample taken it
the point of custody transfer and used for tne
custody transfer laboratory determination.
6.1.3 representative sample— a sample repre-
senting a small portion of its total volume of
material (for example, tanks, ships, compart-
ments, containers, and pipeline tenders* ob-
tained with a precision equal to or better thin
the precision of the laboratory method by
which this sample is to be analyzed.
6.1.4 all-levels sample—a sample obtained
by submerging a stoppered beaker or bottle to
a point as near as possible to the draw-off level
then opening the sampler and raising it at a
rate such that it is about three-fourths full
(maximum 85 %) as it emerges from the liquid.
An all-levels sample is not necessarily a repre-
sentative sample because the tank volume may
not be proportional to the depth and because
the operator may not be able to raise the sam-
pler at the variable rate required for propor-
tionate filling. The rate of filling is proportional
to the square root of the depth of immersion.
NOTI 3—The tubt sampling procedure. 953 may
be used to obtain an all-levels sample from a barrel
or drum.
6.1.5 running sample—a sample obtained by
lowering an unstoppered beaker or bottle from
the top of the oil to the level of the bottom of
the outlet connection or swing line, and return-
ing it to the top of the oil at a uniform rate of
speed such that the beaker or bottle is about
three-fourths full when withdrawn from the oil.
A running sample is not necessarily a repre-
sentative sample because the tank volume may
not be proportional to the depth and because
the operator may not be able to raise the sam-
pler at the variable rate required for propor-
tionate filling. The rate of Tilling is proportional
to the square root of the depth of immersion.
6.1.6 jpet sample— a sample taken at a spe-
cific location in tank or from a pipe at a specific
time during a pumping operation.
6.1.7 top sample—IL spot sample obtained 6
in. (152 nun) below the top surface of the liquid
(Fig. I).
6.1.3 upptrsampb—t spot sample taken at
the mid-point of the upper third of the tank
contents (Fig. I).
6.1.9 mtddle sample— a spot sample obtained
-------
from the middle of the tank contents (a point
halfway between the upper and lower sample
points) (Fig. 1). (See 9.3.2.)
6.1.10 lower sample—a spot sample obtained
at the mid-point of the lower third cf the tank
contents(Fig. I).
6.1.11 clearance sample—a spot sample
taken 4 in. (102 mm> below the level of the
tank outlet.
6.1.12 bottom sample—a sample obtained
from the material on the bottom surface of the
tank or container at its lowest point.
6.1.13 drain sample—a sample obtained
from the water draw-off valve. Occasionally, a
drain sample may be the same as a bottom
sample, as in the case of a tank car.
6.1.14 outlet tamplf—a spot sample taken at
the level of the bottom of the tank outlet (either
fixed or swing pipe) but not higher than one
meter above the bottom of the tank (see Fig.
1).
6.1.15 automatic sampler—a sampler used to
retrieve a representative sample from the liquid
flowing in a pipe. The automatic sampler gen-
erally consists of a probe, an extracting mech-
anism, an associated controller, and a sample
receiver.
6.1.16 single-tank composite sample—a
blend of the upper, middle, and lower samples.
For a tank of uniform cross section, such as an
upright cylindrical tank [he blend consists of
equal pans of the three samples. For a horizon-
tal cylindrical tank, the blend consists of the
three samples to (he proportions shown tn Ta-
ble 2.
6.1.1? multiple tank composite sample (ships,
barges, etc.)—a mixture of individual samples
from the several compartments each of which
contains the same grade of petroleum matenal.
The mixture is blended in proportion to the
volume of material in each compartment.
6.1.18 composite spot sample—a blend of
spot samples mixed volumetncally propor-
tional for testing. Some tests may also be made
oa the spot samples before blending and the
results avenged. Spot samples from crude oil
tanks an collected as follows:
6.1.18.1 Utnt-wav— On tanks larger than
1000-barrel capacity that contain in excess of
15 ft (4.6 m) of oiL equal-volume samples
should be taken at the upper, middle, and lower
or outlet connection of the merchantable oil in
the order named. On tanks of 1000-barrel ca-
04057
pacuy and less, this method may also be used.
6.1.18.2 two-way— On tanks larger than
1000-barrel capacity that contain in excess of
10 ft (3.0 m) and up to 15 ft ,46 m) of oil
equal-volume samples should be taken at the
upper and lower, or outlet, connection of (he
merchantable oil. in the order named. On tanks
of 1000-barrel capacity and under, this method
may also be used.
6.1.19 middle spot sample—On tanks larger
than 1000-barrel capacity containing 10 ft [30
m> or less of crude oil. one spot sample should
be taken as near the center of the vertical
column of oil as possible and outlet connection.
6.1.20 dipper sample—a sample obtained by
placing a dipper or other collecting vessel into
the path of a free-flowing stream so as to collect
a definite volume from the full cross section of
the stream at regular tune intervals for a con-
stant rate of flow, or at time intervals vaned in
proportion to the rate of flow
6.1.21. tube or thief sample—a sample ob-
tained with a sampling tube or special thief.
either as a core sample or spot sample from a
specified point in the tank or container
6.1.22 tank-side sample—a spot sample
taken from a sample connection in the side of
a tank.
6.1.23 surface sample—a spot sample
skimmed from the surface of a liquid in a tank.
6.1.24/701* proportional sample—a sample
taken from a pipe during the entire transfer.
The rate of sampling is proportional to the flow
of the liquid in the pipe at any instant.
. 6.1.23 entrained water—water suspended in
the oil, Entrained water includes emulsions but
does not include dissolved water.
6.1.26 free water—water that exists as a sep-
arate phase and typically lies beneath the oil.
6.1.27 emulsion—an oil/water mixture that
does not readily separate.
6.1.28 sample receiver /receptacle>—i con-
tainer in which all sample bites are collected
during sampler operation. A receiver may be
fixed or portable.
6.1.29 bonnes sample—a sample obtained
by collecting the chips made by boring holes
with a ship auger from top to bottom of the
material contained in a barrel, case. bag. or
cake.
6.1.30 grab sample—* sample obtained by
collecting loose solids in equal quantities from
each pan or package of a shipment and in
-------
sufficient amount to be characteristic of all sizes
and components.
6. 1.3 1 grease sample — a sample obtained by
scoopuig or dipping a quantity of soft or sem-
iliquid material, such u grease, from a package
in such a manner that the material on the scoop
or dipper is representative of the material in
the package.
7. Apparatus
7.1 Sample Containers may be clear or
brown glass bottles, or cans. The clear bottle is
advantageous because it may be examined vis-
ually for cleanliness, and also allows visual
inspection of the sample for free water or solid
impurities. The brown glass bottle affords some
protection from light. The only cans permissi-
ble are those with the seams soldered on the
exterior surfaces with a flux of rosin in a suit-
able solvent. Such a flux is easily removed with
gasoline, whereas many others are very difficult
to remove. Minute traces of flux may contam-
inate the sample so that results obtained on
tests for dielectric strength, resistance to oxi-
dation. and sludge formation may be erro-
neous.
7. 1 . 1 Plastic Bottles made of suitable unpig-
mented linear polyethylene may be used for
the handling and storage of gas oil diesel oil.
fuel oil. and lubricating oil. They should not be
used for gasoline, aviation jet fuel kerosine.
crude oil. white spirit, medicinal white oil. and
special boiling point products unless testing
indicates there is no problem with solubility.
contamination, or loss of light ends.
NOTE 4— In no circumstances shall nonlinear
(conventional) polyethylene containers be used to
store samples of liquid hydrocarbons. Ton u to avoid
sample contamination of sample bottle failure. Used
engine-toil samples thai may have been subjected to
fuel diluiioa should not be stored in plastic con-
tainers.
Non 5— Plastic bottles bave an advantage. They
will not shatter lite glass or corrode like metal con-
tainers. They are generally used only once and then
discarded so that radcaaatg and recovery procedures
an not required.
7.2 Container C/oJurr— Cork or glass stop-
pen, or screw caps of plastic or metal, may be
used for glass bottles: screw caps only shall be
used for cans to provide a vaponight closure
seal Corks must be of good quality, clean, and
AM of holts and. loose bits of cork. Never use
rubber stoppers. Contact of the sample with the
cork may be prevented by wrapping tin or
aluminum foil around the cork before forcinj
it into the bottle. Glasi stoppers must be j
perfect fit. Screw caps must be protected by j
disk faced with tin or aluminum foil, or other
material that will not affect petroleum or petro-
leum products.
7.3 Cleaning Procedure—All sample con-
tainers must be absolutely clean and free of
water, din. lint, washing compounds, naphtha.
or other solvents, soldering fluxes or acids,
corrosion, rust, or oil. Before using a container.
rinse it with Stoddard solvent or other naphtha
of similar volatility. (It may be necessary'to use
sludge solvents to remove all traces of sediment
and sludge from containers previously used.)
Then wash the container with strong soap so-
lution, rinse it thoroughly with tap water, ud
finally wuh distilled water. Dry either by past-
ing a current of clean, warm air through toe
container or by placing it in a hot dust-free
cabinet at 40°C (104°F) or higher. When dry,
stopper or cap the container immediately. In
the ordinary field sampling of crude petroleum.
washing with soap and rinsing with water may
be eliminated.
7.4 Sampling Ca$e—This shall be a metal or
plastic holder or cage, suitably constructed to
hold the appropriate container. The combined
apparatus shall be of such a weight as to sink
readily in the material to be sampled, ud
provision shall be made to fill the container at
any desired level (see Fig. 2a). Bottles of special
dimensions are required to fit a sampling cage.
The use of a sampling cage is generally pre-
ferred to that of a weighted sampling beaker
for volatile products since loss of light ends is
likely to occur when transferring the sample
from a weighted sampling beaker to another
container.
7.5 Sampling Apparatus is described in detail
under each of the specific sampling procedures.
Sampling apparatus shall be clean, dry. ud
free of all substances that might contaminate
the material.
8. PrccMdoos and Instructions
8.1 Crude Petroleum and Heavy Fuel Oil:
usually are nonhomogeneous. Automatic sam-
plers are recommended for sediment and water
(SAW) and density measurement.
8.1.1 Tank samples may not be representa-
tive because:
-------
8.1.1.1 The concentration of entrained water
is higher near the bottom. The running sample
or the composite of the upper, middle and
lover sample may not represent the concentra-
tion of entrained water.
3.1.1.2 The interface between oil and free
water is difficult to measure, especially in the
presence of emulsion. layers, or sludge.
8.1.1.3 Determining the vol ume of free water
is difficult because the free water level varies
across the tank bottom surface. The bottom is
often covered by pools of free water or water
emulsion impounded by layers of sludge or
wax.
8.2 Gasoline and Distillate Products usually
are homogeneous but they are often shipped
from tanks that have clearly separated water
on the bottom. Tank sampling is acceptable
under the conditions covered in 4.1.2.
8.3 When using tank samples, the SAW de-
duction is usually the sum of the free water
volume (usually determined from a paste cut)
and the entrained water volume determined
from the SAW analysis of the tank sample. The
difficulty of determining the free water volume
limits the accuracy of the S&W deduction.
8.3.1 Automatic samplers are recommended.
However, by mutual agreement, shore tanks.
ship's compartment or manual line samples
may be used.
8.4 Sample Handling and Dividing of Crude
Petroleum and Sonuinform Products:
8.4.1 The transfer of crude oil samples from
the sample receiver to the laboratory glassware
in which they will be analyzed requires special
care to maintain their representative nature.
The number of transfers should be minimized.
Mechanical means of mixing and transferring
the samples an recommended. An external
circulating system provided with pump and in-
line mixing element that couples directly to the
sample container is one method. Mixing time
and flow rates an critical in such systems. A
•tor that is inserted in the sampler container
it another method. Whatever handling, divid-
aad mixing system is chosen, however, its
pvfonaanc* should be verified by introducing
•ad mastering samples of known water con-
centration.
8.4.2 In mixing and transferring representa-
tive samples. th* variation from known water
concentration should not exceed x 0.05 % when
the known water concentration is I % or less
04057
and * 5 "e of the known water concentration
when a is over I et.
8.5 Marine Custody Transfer—By mutual
agreement, samples can be taken from shore
tanks, from ship's tanks, or from pipelines.
Pipeline samples may be taken automatically
or manually. Properly taken automatic pipeline
samples are the most representative. Manual
pipeline samples are less representative than
automatic pipeline samples. Manual pipeline
sampling is described in 94. Tank samples will-
usually not be representative unless (he tank is
completely homogeneous and contains no free'
water.
8.5.1 Stationary or Shore Tanks:
8.5.1.1 Crude petroleum tanks may be sam-
pled in the following ways by mutual agree-
ment: composite spot, middle spot, all-levels.
running samples or by sample cocks. Addi-
tional samples may be taken as necessary.
Norc 6—Where emulsions ire in relatively higher
concentration in the bottom portions of the link, ibe
lower simple would not be considered representative
of this lower third. Automatic line sampling u rec-
ommended in such cases, (f this is not possible an
outlet sample or bottom sample should be required
instead of the lower sampled In addition, a bottom
thieving should be made for both opening and closing
gauges so that any change in the SAW level at :be
bottom of the tank may be observed and noted.
8.5.1.2 Where tank samples must be used for
crude oil fucalization and the tanks do not
have swing suction lines or weirs, it ts recom-
mended that upper, middle, and outlet samoies
be taken. These samples should be tested and
reported separately. The S&W deduction
should be the average of the three values. Other
analyses should also be averaged.
8.5.2 Ship or Barge Transfers— Samples of
ship cargoes of crude petroleum may be taken
by the following methods by mutual agreement:
8.5.2.1 From the shore tanks before loading
and both before and after discharging as pre-
viously described,
8.5.2.2 From the pipeline during discharging
or loading. Pipeline samples may be taken
either manually or with an automatic sampler
If the pipeline requires displacement or flush-
ing, care must be taken that the pipeline sample
includes the enure cargo and none of the dis-
placement Separate samples may be required
to cover the effect of the line displacement on
the prior or following transfer.
8.5.2.3 From the ship's tanks after loading
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04057
or before discharging. An all-levxis sample or
a running sample shall be obtained from each
compartment of the ship's cargo tanks.
8.5.2.3 (/) Except where specifically ex-
empted, when loading a ship, the shore tank
sample or the pipeline sample taken from the
loading line shall be official. However, ship's
tank samples may also be tested for sediment
and water, and for other quality aspects when
required. The results of these ship's tank sample
tests, together with the shore tank sample tests.
may be shown on the cargo certificate.
8.5.13 (7) When discharging a ship, the
pipeline sample taken from a properly designed
and operated automatic line sampler in the
discharge line shall be official. Where no
proper line sample is available, the ship's tank
sample will be official except where specifically
exempted.
8.6 Finished Proaucts—When loading or dis-
charging finished products, take samples from
both shipping and receiving tanks, and from
the pipeline if required.
8.6.1 Ship or Barge Tanks—Simple each
product after the vessel is loaded or just before
unloading.
8.6.2 Tank Car*—Sample the product after
the car is loaded or just before unloading.
8.6.3 Package Lots (Cans. Drums. Barrels, or
Boxesi—Take samples from a sufficient num-
ber of the individual packages to prepare a
composite sample that will be representative of
the enure lot or shipment. Select at random the
individual packages to be sampled. The num-
ber of such random packages will depend upon
several practical considerations, such as:
8.6.3.1 The tightness of the product specifi-
cations;
8.6.3.2 The source and type of the material
and whether or not more than one production
batch nay be represented in the lot: and
8.6.3.3 Previous experience with similar
shipments, particularly with respect to the uni-
formity of quality from package to package.
8.6.4 la most cases, the number specified in
Table 3 will be satisfactory.
8.7 Obtaining Samples:
8.7.1 Extreme care and good judgment are
necessary to ensure samples are obtained that
represent the general character and average
condition of the maimal Clean hand* are
important. Clean gloves may be worn but only
when absolutely necessary, such as in cold
weather, or when handling matenals ai a huh
temperature, or for reasons of safety Select
wiping cloths so that lint is not introduced.
which would contaminate samples. ,
8.7.2 As many petroleum vapors are toxic
and flammable, avoid breathing them or ignit-
ing them from an open flame or a spark pro-
duced by static. Follow all safety precautions
specific to the material being sampled.
8.7.3 When sampling relatively volatile
products (more than 2 psi 1133 kPai Rvpi. Fdl
and allow the sampling apparatus to drain
before drawing the sample. If the sample is to
be transferred to another container, also nnse
this container with some of the volatile product
and then drain. When the actual sample is
emptied into this container, upend the sam-
pling apparatus into the opening of the sample
container and allow to remain in this position
until the contents have been transferred so thar
no unsaturated air will be entrained in the
transfer of the sample.
8.7.4 When sampling nonvolatile liquid
products (2 psi (13.8 kPa) Rvp or less), the
sampling apparatus shall be filled and allowed
to drain before drawing the actual sample. If
the actual sample is to be transferred to another
container, rinse the sample container with some
of the product to be sampled and drain before
it is filled with the actual sample.
NOT* 7—When taking samples from tanks sus-
pected of containing flammable atmospheres, precau-
tions should be taken to guard against ignitions due
to static electricity Metal or conductive ootec-.s such
u gage tapes, sample containers, and thermometers.
should not be lowered into or suspended m. i com-
panmtat or taak which is being filled or immediately
after ctuauon of pumping. A waning period will
generally permit a substantial relaxation ot ihe eiec-
irtnuuc charge.
8.8 Handling Samples:
8.8.1 Volatile Samples—h is necessary to
protect all volatile samples of petroleum and
petroleum products from evaporation. Transfer
the product from the sampling apparatus to -.he
sample container immediately. Keep the con-
tainer closed except when the matenal is being
transferred. When samples of more than 16 psi
(110 kPa) Rvp are being obtained, be sure to
use containers strong enough to meet local
safety regulations. After delivery to the labo-
ratory, volatile samples should be cooled beiore
the container is opened.
8.8.2 Light-Sensune Samples— It is impor-
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04057
tarn thai samples sensitive to light, such as
gasoline containing tetraethyllead. be kept in
the dark, if the testing is to include the deter-
mination, of such properties as color, tetra-
ethyJIead and inhibitor contents, sludge-form-
ing characteristics, stability tests, or neutrali-
zation value. Brown glass bottles may be used.
Wrap or cover clear glass bottles immediately.
It is a definite advantage to use covered card-
board canons into which the sample bottles
may be placed immediately after collection.
8.8.3 Refined Materials—Protect highly re-
fined products from moisture and dust by plac-
ing paper, plastic or metal foil over the stopper
and the top of the container.
8.8.4 Container Outage—Never completely
fill a sample container, but allow adequate
room for expansion, taking into consideration
the temperature of the liquid at the time of
filling and the probable maximum temperature
to which the filled container may be subjected.
8.9 Shipping Samples—To prevent loss of
liquid and vapors during shipment, and to pro-
tect against moisture and dust, cover the stop-
pers of glass bottles with plastic caps that have
been swelled in water, wipe dry. place over the
tops of the stoppered bottles, and allow to
shrink tightly in place. Screw the caps of metal
containers down tightly and check for leakage.
Appropriate regulations applying to the ship-
ment of flammable liquids must be observed.
8.10 Labeling Sample Containers:
8.10.1 Label the container immediately after
a sample is obtained. Use waterproof and oil-
proof ink or a pencil hard enough to dent the
tag. since soft pencil and ordinary ink markings
are subject to obliteration from moisture, oil
smearing, aad handling. Include the following
information:
8.10.1.1 Date aad time (the penod elapsed
during continuous *^" Rvp or less in tank
cars, tank trucks, shore tanks, ship tanks, and
barge tanks. Solids or semiliquids that can be
liquefied by heat may be sampled by this pro-
cedure, provided they are true liquids at tune
of sampling.
9.2.2 Apparatus—A suitable sampling bottle
or beaker, as shown in Fig. 1 is required.
Recommended uses and diameter of openings
in the bottle or beaker are given in Table 4.
9.2.3 Procedure:
9.2.3.1 All-Levels Sample (One-Way)—
Lower the weighted, stoppered bottle, or beaker
as near as possible to the draw-off level pull
out the stopper with a sharp jerk of the line and
raise the bottle at a uniform rate so thai it is
about three-fourths full as it emerges from the
liquid. For light products or deep tanks, a
restricted opening may be needed to avoid
filling the bottle.
9.2.3.2 Running Sample (Two-Wjy)—
Lower the unstoppered bottle or beaker as near
as possible to the level of the bottom of the
outlet connection or swing line and then raise
the bottle or beaker to the top of the oil at a
uniform rate of speed such that it is about
three-fourths full when withdrawn from the oil.
For light products or deep tanks, a notched
cork or other restncted opening may be needed
to avoid filling the bottle.
9.2.3.3 Top, Upper. Middle. Lower and Outlet
Samples—Lower the weighted, stoppered bot-
tle to the proper top. upper, middle, lower, and
outlet depths.(see Fig. I).
NOTI 8—Where emulsions are in relatively higher
concentration in the bottom portions of the tank. :ne
lower sample would not be considered representative
of this lower third. Automatic line sampling is rec-
ommended in such ca*es. If ibis is not possible in
outlet sample or bottom sample should be requircc
instead of the lower sample. In addition, mate t
bottom thieving for both opening aad closing gage*
so thai any change in the S«W level at the bottom ot
the tank may be observed aad noted.
9.2.3.3(1) At the selected level pull out :ne
stopper wuh a sharp jerk of the line and allow
the bottle or beaker to fill completely When
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3SVER 9931.1
judged full, raise ihe bottle or beaker, pour off
a small amount, and stopper immediately.
9 2.3 3(2) Where tank samples must be used
for crude oil fiscalization and the tanks do not
have swing suction lines or weirs, it is recom-
mended that upper, middle, and outlet samples
be taken. Test these samples and report sepa-
rately. The SAW deduction should be the av-
erage of the three values. Also average other
analyses.
9.2.3.4 Multiple Tank Composite Sample—
Prepare a composite sample in the laboratory
(not in the field) by mixing portions of the all-
levels samples as specified in 6.1.16.
9.2.3.5 Composite Spot Sample—Prepare a
composite spot sample by mixing spot samples
in equal proportions as specified in 4.1.18. using
either the three-way or the two-way procedure.
whichever applies.
9 2.3.6 Middle Spot Sample— Obtain this
sample in the manner specified in 6.1.19.
9 2.3.7 Handling—Stopper and label bottle
samples immediately after taking them, and
deliver to the laboratory in the original sam-
pling bottles. There is an advantage to using a
bottle and a sampling cage instead of a
weighted beaker for volatile products. The loss
of light ends is likely to occur when transferring
the sample from a weighted beaker to another
container.
9.3 Tap Sampling:
9.3.1 Application—The tap sampling proce-
dure is applicable for sampling liquids of 26 psi
11 ?9 kPa> Rvp or less in tanks that are equipped
wuh suitable sampling taps or lines. This pro-
cedure is recommended for volatile stocks in
tanks of the breather and balloon-roof type.
spheroids, etc. (Simples may be taken from the
draw cocks of gage glasses, if the tank is not
equipped with sampling taps.) The assembly
for tap sampling is shown in Fig. 3.
lOkPaibui
bath u
, fton *— If Rvp is morethan I6psi(ll0l
JMrfcore than 26 p*i (ImkPai. a cooling
M IB Fig. 10 shall be used between the tank tap
fllM sample container to cool the sample and
' and prevent volatilization of low-boiling
9.3.2 Apparatus:
9.3.11 Tank Taps—The tank should be
equipped with at least three sampling taps
placed equidistant throughout the tank height
and extending at least 3 ft (0.9 mi inside the
tank shell. A standard H in. pipe wuh suitable
04057
valve is satisfactory.
9.3.2.2 Sample Cocks— Samples of crude pe-
troleum may be taken through sample cocks
properly placed in the shell of the tank. The
upper sample cock shall be located 18 in. (457
mm) below the top of the tank shell: the lower
sample cock shall be located level wuh the
bottom of the outlet elbow or other similar
fitting if installed on the outlet connection: and
the middle sample cock shall be located half-
way between the upper and lower sample cocks.
An additional cock for the clearance sample
should be located 4 in. (102 mm) below the
bottom of the outlet connection to determine
whether the level of merchantable oil is at least
below this point. The sample cocks should be
located a minimum of 6 ft (1.3 m) distant
circumferenually from the pipeline outlet and
drain connection or at the top of upturned
connections, and 8 ft (2.4 m) from the Tilling
line connection. The sample cocks should be of
V4 in. size, and the lines should be of *« in.
nominal diameter for crude oil of 18° API
gravity or less. For lighter oiL -7-in. size cocks.
with W-in. nominal diameter lines, should be
used. The lines should extend a minimum of 4
in. (102 mm) inside the tank shell, except on
floating-roof tanks, where flush installations
are necessary. All sample cocks should be
equipped with scalable valves and plugged in-
spection tees.
9.3.2.211) On tanks of more than 10 000-
barrel capacity, at least two sets of sample cocks
shall be installed, located equidistant around
the circumference of the tank. Five or more
sample cocks should be installed per set. even!)
spaced between lower and upper sample levels
9.3.2.3 Tube— A delivery tube that will not
contaminate the product being sampled and
long enough to reach to the bottom of ;he
sample container is required to allow sub-
merged filling. When a cooling bath is used
while tap sampling, a similar suitable tube
should be used between the tank tap and the
cooler inlet
9 3.2.4 Sample Containers— Use clean, dr-
glass bottles of convenient size, and strength :o
receive the samples. If the vapor pressure of the
product to be sampled is between 16 and 26 pi
(110 and 179 kPa> Rvp. protect the bottle <*nn
a metal cover until the sample is discarded I n
some cases, such as the sampling of cruce
petroleum, metal containers may be used •_-.
-------
04057
stead of glass bottles.
9 3.3 Procedure:
9.3.3.1 Before a sample is drawn, flush the
tap tor gage glass drain cock) and line until
they are purged completely Connect the clean
delivery tube to the tap. Draw upper, middle.
or lower samples directly from the respective
taps after the flushing operation. Stopper and
label the sample container immediately after
filling, and deliver u to the Laboratory.
9.3.3.2 When a sample cooler is used during
the tap sampling operation, flush the tap (or
gage glass drain cock). Then, using a section of
clean tubing, connect the tap to the cooler inlet.
Flush the cooler thoroughly, after which con-
nect the clean delivery tube to the cooler outlet
and proceed with the sampling operation.
9.3.3.3 In the sampling of crude petroleum.
check for merchantable oil at the clearance
sample cock. Flush each sample connection
until all oil from the previous run has been
removed and the sample lines are filled with
fresh oil from the tank.
9 3.3.3(7) On tanks of 10 000-barrel capac-
ity or smaller, take samples of equal amounts
from the lower, middle, and upper sample con-
nections. A measuring cup of proper size may
be used to assure the drawing of the proper
quantity from each sample cock.
9.3.3.3(2) On tanks of more than 10 000-
barrel capacity, take samples of equal amounts
from each of the sample connections at each set
of sample connections.
9 3.3.3(J) Mix all samples in equal propor-
tions for a composite sample, or test the samples
separately and average the results.
9.3.3.3(4) When crude oil in a tank fails to
reach the upper ox middle sample cocks on a
tank equipped with three sample cocks, it is
suggested that the sample for the run be ob-
tained at follows: if the level of the oil is nearer
law upper sample cock than the middle, take
two thirds of the sample from the middle sam-
cock aad oac third from the lower. If the
of oiJ is nearer the middle sample cock
the upper, uiur one half of the sample
from the middle and one half from the lower.
if the level of the oil is below the middle sample
cock, take alt of the sample from the lower
cock.
9.4 Manual Sampling of Pipeline Streams:
9.4.1 Application—This manual Kne sam-
pling procedure is applicable for sampling liq-
uids of 16 psi 1110 kPai Rvp or less and semi-
liquids in pipelines, filling lines, and transfer
lines. Where custody transfer is involved, con-
tinual automatic sampling is the preferred
method. In the event of automatic sampler
failure, manual samples may be needed. Take
such manual samples as representatively as pos-
sible.
9.4.2 Apparatus:
9 4.2.1 Sampling Probe—The function of :he
sampling probe is to withdraw from the (lowing
stream a portion that will be representative of
the entire stream. Probe designs that are com-
monly used are shown in Fig. 4. These are:
94.2.1(7) A tube extending to the center of
the line and beveled at a 45" angle facing
upstream i Fig. 4
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>. -..-.-.
' - A ~. A
3 C "
1 . 1
ceptable level. If flow has been vertical for a
sufficient distance as in a platform nser. such
a device may not be necessarv even at low-flow
rates. Some effective deuces for obtaining ad-
equate mixing are: a reduction in pipe size: a
senes of baffles: an orifice or perforated plate:
or a combination of any of these methods. The
design or sizing of the device is optional with
the user, as long u the flowing stream is suffi-
ciently well mued to provide a representative
sample from the probe.
9 4 3(.<) The sampling point should be as
near as practicable to the pouit where the oil
passes to the sample receiver.
9 4.3
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9951.1
psi (13.8 kPa) Rvp or less and semiliquids in
drums, barrels, and cans.
9 6.2 Apparaiur.
96.2.1 Tubt—Enher a glass or metal tube
may be used, designed so (hat it will reach to
within about •» in. (3.2 mmi of the bottom and
have a capacity of approximately I pt (0.5 L)
or I qt (0.9 L). A metal tube suitable for
sampling 50 gal (190 L) drums is shown in Fig.
5. Two rings soldered to opposite sides of the
tube at the upper end are convenient for hold-
ing it by slipping two fingers through the rings.
thus leaving the thumb free to close the open-
ing.
96.2.2 Sample Containers—Use clean, dry
cans or glass bottles.
96.3 Procedurr.
9.6.3.1 Drum* and Barrels—Place the drum
or barrel on its side with the bung up. If the
drum does not have a side bung, stand it up-
right and sample from the top. If detection of
water, nut. or other insoluble contaminants is
desired, let the barrel or drum remain in this
position long enough to permit the contami-
nants to settle. Remove the bung and place it
beside the bung hole with the oily side up.
Close the upper end of the clean, dry sampling
tube with the thumb, and lower the tube into
the oil for a depth of about 1 ft (0.3m). Remove
the thumb, allowing oil to flow into the tube.
Again close the upper end with the thumb and
withdraw the tube. Rinse the tube with the oil
by holding it nearly horizontal and turning it
so that the oil comes in contact with that pan
of the inside surface that will be immersed
when the sample is taken. Avoid handling any
pan of the tube that will be immersed in the oil
during the sampling operation. Discard the
rinse oil and allow the tube to drain. Insert the
tube into the od again, holding the thumb
against the upper end. (If an all-levels sample
is desired, insert the tube with the upper end
open.) When the tube reaches the bottom, re-
move the thumb and allow the tube to fill.
Replace toe thumb, withdraw the tube quickly.
aad transfer the contents to the sample con-
tainer. Do not allow the hands to come in
contact with any pan of the sample. Close the
sample container replace and tighten the bung
in the drum or barrel Label the sample con-
tainer and deliver it to the laboratory.
9.6.3.2 Cow—Obtain samples from cans of
04O57
5-gal (19-L) capacity or larger in the same
manner as from drums and barrels (96.3.it.
using a tube of proportionately smaller dimen-
sions. For cans of less than 5-gal (19-L) capac-
ity, use the entire contents as the sample, se-
lecting cans at random as indicated in Table 3
or in accordance with agreement between the
purchaser and the seUer.
9.7 Thief Sampling.
9.7.1 Application: The thief sampling proce-
dure is applicable for obtaining boiiora samples
(Fig. I), or of semiliquids in tank cars and
storage tanks.
9.7.1.1 The thief is also widely used in sam-
pling crude petroleum in storage tanks. In this
application it may be used for taking samples
at different levels as well as for bottom samples
of nonmerchantableotl and water at the bottom
of the tank.
9.7.3 Apparatus:
9.7.3.1 Thitf— The thief shall be designed so.
that a sample can be obtained within 4 in. (13
mm) of the bottom of the car or tank. Two
types of thiefs are illustrated in Fig. 6. One type
is lowered into the tank with valves open to
permit the oil to flush through the container
When the thief stakes the bottom of the tank.
the valves shut automatically to trap a bottom
sample. The other type has a projecting stem
on the valve rod which opens the valves auto-
matically as the stem strikes the bottom of the
tank. The sample enters the container through
the bottom valve and air is released simulta-
neously through the top. The valves snap shut
when the thief is withdrawn. A core-type thief
similar to that shown in Fig. 6<&). with a uni-
form cross section and bottom closure and with
a capacity depending upon the size of the sam-
ple required, may be used for sampling crude
petroleum. The thief should be capable of pen-
etrating the oil in the tank to the required level.
mechanically equipped to permit filling at any
desired level, aad capable of being withdrawn
without undue contamination of the contents
The thief may be equipped with the following.
9.7.3.1 (/) Sample cocks for obtaining sam-
ples for the determination of water and sedi-
ment;
9.7.3.1 (2) Extension rods for use in obtain-
ing samples at levels corresponding with re-
quirements for high connections or for samples
II
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040S7
to determine high settled water and sediment
levels:
9 7.3. | f J) Water and sediment gage for de-
termining the height of water and sediment in
the thief:
9.7 3.1 (4) Windshield to be used when tak-
ing the gravity and temperature of the oil:
9.7 3.1 (J) Opener to break the tension on
the valve or slide at any desired level:
9.7.3.1 (6) A thief cord marked so thai sam-
ple can be taken at any depth in the vertical
cross section of the tank: and
9.7.3.1 (7) Hook to hang the thief in the
hatch vertically.
9.73.2 Samplt Containers— Use clean, dry
cans or glass bottles.
9.7.4 Procedure
9 7.4.1 Lower the clean, dry thief through
the dome of the tank car or tank hatch until it
stnkes the bottom. When full, remove the thief
and transfer the contents to the sample con-
tainer. Close and label the container immedi-
ately, and deliver it to the laboratory.
9.7.4.2 In the sampling of crude petroleum
lower the clean, dry thief slowly into the oil to
the desired depth, trip the thief to secure the
sample and raise slowly to avoid agitation. The
proper depths for sampling are described in
4.1.
9.8 Boring Sampling:
9.8.1 Application—The boring sampling pro-
cedure is applicable for sampling waxes and
soft solids in barrels, cases, bags, and cakes
when they cannot be melted and sampled as
liquids.
9.8.2 Apparatus:
9.8.2.1 Ship Auger—Use a ship auger *i in.
(19 mm) in diameter, similar to that shown in
Fig. 7. and of sufficient length to pass through
the material to be sampled.
9.8.12 S'omplt Containers—Uxclean, wide*
mouth, metal containers or glass jars with cov-
en.
9.8.3 Procedure— Remove the heads or cov-
en of barrels and cases. Open bags and wrap-
pings of cakes. Remove any din. sticks, string.
or other foreign substances from the surface of
(he material. Bore three test holes through the
body of the material, one at the center, the
other two halfway between the center and the
edge of (he package on the right and left sides.
respectively. If any foreign matter is removed
from the interior of the material during the
bonng operation, include it as pan of ihe bor-
ings. Put the three sets of bonngs in individual
sample containers, label and d'ehver them to
the laboratory.
9.8.4 Laboratory Inspection—If there are
any visible differences in the samples, examine
and test each set of bonngs at the laboratory
Otherwise, combine the three sets of bonngs
into one sample. If subdivision of the bonngs
is desired, chili pulverize (if necessary), mix.
and quaner the bonngs until reduced :o the
desired amount.
9.9 Grab Sampling:
9.9.1 Application:
9.9.1.1 The grab sampling procedure is ap-
plicable for sampling all lumpy solids in bins.
bunkers, freight cars, barrels, bags, boxes, and
converyors. It is particularly applicable for the
collection of green petroleum coke samples
from railroad cars and for the preparation of
such samples for laboratory analysis. Refer to
Method O 346 when other methods of shipping
or handling are used.
9.9.1.2 Place of Sampling—Petroleum coke
may be sampled while being loaded into rail-
road can from piles or after being loaded into
railroad can from coking drums.
9.9.2 Apparatus:
9.9.2.1 Samplt Container—A polvethtlene
pail of approximately 10-qt (9.5-L) capacity
9.9.2.2 Scoop, stainless s:eel or aluminum.
No. 2 size.
9.9.3 Procedure.
9.9.3.1 Sampling— Lumpy solids are usuaJly
heterogeneous and therefore arc difficult to
sample accurately It is preferable to take sam-
ples during the unloading of cars, or during
transit of the matenal by conveyors. From ma-
terial in transit obtain a number of portions at
frequent and regular intervals and combine
t ft fin
9.9.3.2 Whea sampling from railroad cars.
use one of the following procedures.
9.9.3.2 (/) Being Loaded from a Pile—Tike
a full scoop of sample at each of the five
sampling points shown in Fig. 8 and deposit in
(he polyethylene pad. Cover the sample and
deliver to the laboratory. Each sampling point
shall be located equidistant from the sides of
(he railroad car.
9.9.3.2 (2) Railroad Can After Direct Load-
ing/mm Caking Drumt—At any five of the
sampling points shown in Fig. 9. take a full
12
-------
OSWER 9951.1
scoop of coke from about I ft (0.3 m) below
the surface and deposit a ui the polyethylene
pail. Cover the sample and deliver to the lab-
oratory
9.9.3.3 When sampling from conveyors, take
one scoop for each 8 to 10 tons (7 9 to 9 Mg) of
coke transported. These samples may be han-
dled separately, or composited after ail samples
representing the lot have been taken.
9.9.3.4 When sampling from bags, barrels.
or boxes, obtain pontons from a number of
packages selected at random as shown in Table
3. or in accordance with the agreement between
the purchaser and the seller
9.9.3.5 Quartering—Carefully mix the sam-
ple, and reduce it in size to a convenient labo-
ratory sample by the quartering procedure de-
scribed in Method D 346. Perform the quarter-
ing operation on a hard, clean surface, free
from cracks, and protected from rain. snow.
wind, and sun. Avoid contamination with cin-
ders, sand, chips from the floor, or any other
material. Protect the sample from loss or gain
of moisture or dust. Mix and spread the sample
in a circular layer, and divide it into quadrants.
Combine two opposite quadrants to form a
representative reduced sample. If this sample is
still too large for laboratory purposes, repeat
the quanenng operation. In this manner, the
sample will finally be reduced to a representa-
tive, suitable size for laboratory purposes. Label
and deliver the sample to the laboratory in a
suitable container. Subdivision may be made
in the laboratory by using a riffle sampler as
Method D 346. '
9.10 Great Sampling
9.1 O.I Application—This method coven
practices for obtaining samples representative
of production lots or shipments of lubricating
greases, or of soft waxes or soft bitumens similar
to grease in consistency. The procedure is nec-
essarily quite general to cover the wide variety
of conditions encountered, and may require
modification to meet individual specifications.
Proceed in accordance with 6.1 to 8.7. particu-
larly those pertaining to precautions, care, and
ckulineu. except where they conflict with
9.10.2 to 9.10.4.
9.10.2 Inspection:
9.10.Z1 If the material is a lubricating grease
and inspection is made at the manufacturing
plant, take samples from the finished shipping
containers of each production batch or lot
D4O57
Never take grease samples directly from grease
kettles, cooling pans, tanks, or processing
equipment. Do not sample the grease until it
has cooled to a temperature not more than
I5°F (8 39C) above that of the air surrounding
the containers and until it has been m tbe
finished containers for at least 12 h. When the
containers for a production batch of grease are
of different sizes, treat the grease in each tax
of container as a separate lot. When inspection
is made at the place of delivery, obtain a sample
from each shipment. If a shipment consists of
containers from more than one production
batch (lot numbers), sample each such batch
separately.
9.10.2.2 If the material being inspected is of
grease-like consistency, but is not actually a
lubricating grease, but some mixture of heavy
hydrocarbons such as microcrystailine waxes
or soft bitumens, it will be permissible to take
samples from pans, tanks, or other processing
equipment, as well as from containers of the
finished product. The grease sampling method
shall be applicable to such stocks only if for
some reason it is not possible to apply heat and
conven the material into a true liquid.
9.10.3 Sample Size—Select containers at
random from each lot or shipment to give the
desired quantity specified in Table 5
9.10.4 Procedure.
9.10.4.1 Inspection—Examine the opened
containers to determine whether the grease ts
homogeneous, comparing the grease nearest
the outer surfaces of the container with thai ui
the center, at least 6 in. (152 mm) below the
top surface, for texture and consistency When
more than one container of a lot or shipment
is opened, also compare the grease in the re-
spective containers.
9.10.4.2 Sampling—If no marked difference
in the grease is found, take one portion from
the approximate center and at least 3 in. (76
mm) below the surface of each opened con-
tainer, in sufficient quantity to provide a com-
posite sample of the desired quantity i Table 51.
Withdraw portions with a clean scoop. large
spoon, or spatula and place them in a clean
container. Very soft semifluid greases may be
sampled by dipping with a l-lb (045-kg) can
or suitable dipper. If aay marked difference u»
th* grease from the various locations of an
opened container is found, take two separate
samples of about I Ib (0.45 kg) each, one from
13
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OSWER 9951 .1
the top surface adjacent to the wall, and the
other from the center of the container, at least
6 in. (152 mm) below the top surface. If any
marked variations are noted between different
containers of a lot or shipment, take separate
samples of about 1 Ib (0.45 kg) from each
container. When more than one sample of a
batch or shipment is taken because of lack of
uniformity, send them to the laboratory as
separate samples.
9.10.4.3 Handling Samples—If more than
one portion is required to represent a lot or
shipment of grease softer than 175 penetration
(see Method D 217). prepare a composite sam-
ple by mixing equal portions thoroughly. Use
a large spoon or spatula in a cleaa container.
Avoid vigorous mixing or working of air into
the grease. As grease samples become partially
"worked" in being removed from containers.
the procedure is not suitable for obtaining sam-
ples of greases softer than 175 penetration on
which unworked penetration is to be deter-
mined. For greases having a penetration less
than 175. cut samples from the container with
a knife in the form of blocks about 6 by 6 by 2
in (152 by 152 by 51 mm). If required, make
unworked penetration tests on blocks as pro*
cured, and other inspection tests on grease cut
from the blocks.
10. Sampling Industrial Aromatic Hydrocar-
bons
10.1 Application—For obtaining samples of
industrial aromatic hydrocarbons (benzene, tol-
uene, xylene. and solvent naphthas), proceed in
accordance with Sections 7 to 9. particularly
those pertaining to precautions, care, and clean-
liness.
11. Samptfflf for Specific Tests
II. I Special Precautions—Special sampling
precautions and instructions are required for
some ASTM test methods and specifications.
Such instruction 11.2 to 11.3. supplement the
general procedures of this method and
supersede them if there is a conflict. ASTM
methods in this category are as follows:
ASTM Test Methods Sections
O216
D323
DS23
D>73
0261
DI8S6
D244
11.2
11.3
11.4
11.4
11.5
106
• 10.7
04057
11.2 Distillation of \aiural Gasoline—V>'hen
obtaining samples of natural gasoline that are
to be tested using Method D216. the bottle
sampling procedure. 9 1.3 is preferred. Before
obtaining the sample, precool the bottle b>
immersing it in the product, allow it to fill, and
discard the first filling. If the bottle procedure
cannot be used, obtain the sample by the tap
procedure, and with the use of the cooling bath.
as described in 9.2.3. Do not agitate the bottle
while drawing the sample. After obtaining the
sample, close the bottle immediately with a
tight-fitting stopper and store it in an ice bath
or refrigerator at a temperature of 32 to 40'F
(Oto4.5"C).
11.3 Keid yapor Pressure:
11.3.1 When sampling products that are to
be tested using Method D 323. observe the
following precautions and instructions:
11.3.1.1 Precautions—Vapor pressures are
extremely sensitive to evaporation losses and to
slight changes in composition. When obtaining.
storing, or handling samples, observe the nec-
essary precautions to ensure samples represent-
ative of the product and satisfactory for Reid
vapor pressure tests. Official samples should be
taken by. or under the immediate supervision
of. a person of judgment, skill, and sampling
experience. If sampling or sample requirements
for other tests differ from those described in
11.3.1.2 to 11.3.1.9. obtain a separate sample
for the Reid vapor pressure test. Never prepare
composite samples for this test. Make certain
that containers which are to be shipped b>
common earner conform to I.C.C.. state, or
local regulations. When flushing or purging
lines or containers, observe the penment regu-
lations and precautions against fire, explosion.
and other hazards.
11.3.1.2 Cooling Bah—A. bath (Fig. 10) of
sufficient size to hold the sample container and
a cooling cod of about 25 ft (7.6 mt of copper
tubing (*» in. (9.5 mm) or less in outside di-
ameter) shall be required when using the pro-
cedue described in 11.3.1.7 One end of the coil
is provided with a connection for attaching it
to the tank sampling tap or valve. The other
end is fitted with a suitable valve (outlet) of
good quality. A removable copper tube of l» in.
(9.5 nun) or less in outside diameter and of
sufficient length to reach the bottom of the
sample container shall be connected to the open
end of the outlet valve.
11.3.1.3 Sample Containers— Use containers
14
-------
OSWER 9951.1
of act less than I qt (0.9 L) nor more than 2-
gal (7.6-L) capacity, of sufficient strength to
withstand the pressures to which they may be
subjected, and of a type that will permit re-
placement of the cap or stopper with suitable
connections for transferring the sample to the
gasoline chamber of the vapor pressure appa-
ratus. Open-type containers have a single open-
ing which permits sampling by immersion.
Closed-type containers have two openings: one
in each end (or the equivalent thereof), fined
with valves suitable for sampling by water dis-
placement or by purging.
11.3.1.4 Transfer Connections—The transfer
connection for the open-type container consists
of an air tube and a liquid delivery tube assem-
bled in a cap or stopper. The air tube extends
to the bottom of the container. One end of the
liquid delivery tube is flush with the inside face
of the cap or stopper, and the tube is long
enough to reach the bottom of the gasoline
chamber while the sample is being transferred
to the chamber. The transfer connection for the
closed-type container consists of a single tube
with a connection suitable for attaching it to
one of the openings of the sample container.
The tube is long enough! to reach the bottom
of the gasoline chamber while the sample is
being transferred.
11.3.1.5 Sampling Open Tanks—Vie clean
containers of the open type when sampling
open tanks and tank can. An ail-level sample
obtained by the bottle procedure. 9.2.3. is rec-
ommended. Before taking the sample, flush the
container by immersing it in the product to be
sampled. Then obtain the sample immediately.
Pour off enough so that the container will be
70 to 80 % full and dose it promptly. Label the
container and. deliver it to the laboratory.
11.3.1.6 Sampling Closed Tanks—
Containers of either the open or closed type
may be used to obtain samples from closed or
prature tanks. If the open type is used, follow
the cooling bath procedure described in
11.3.1.7. If the closed type is used, obtain the
sample using the water displacement proce-
dure. 11J. 1.8, or the purging procedure.
11.3.1.9. The water displacement procedure is
preferable because the flow of product involved
in the purging procedure may be hazardous;
11.3.1.7 Cooling Bath Procedure— When us-
ing a container of the open type, keep it at a
temperature of 32 to 40'F (0 to 44°C) dunng
04OS7
the sampling operation by using the cooling
bath (Fig. 10). Connect the cod to the tank
sampling tap or valve and flush a with a suffi-
cient amount of product to ensure complete
purging. When obtaining a sample, throttle the
outlet valve so that the pressure in the coil will
be approximately the same as that in the tank.
Fill the container once to wash and cool it. and
discard the wash product. Then draw the sam-
ple immediately. Pour off enough so that the
container will be 70 to 80 % full and close it
promptly. Label the container and deliver u to
the laboratory.
11.3.1.8 Water Displacement Procedure—
Completely fill the closed-type container with
water and close the valves. The water should
be at the same temperature or lower than that
of the product to be sampled. While permitting
a small amount of product to flow through the
fitting*, connect the top or inlet valve of the
container to the tank sampling tap or valve.*
Then open all valves on the inlet side of the
container. Open the bottom or outlet valve-
slightly to allow the water to be displaced
slowly by the sample entering the container.
Regulate the flow so that there is no apprecia-
ble change in pressure within the container.
Close the outlet valve as soon as gasoline dis-
charges from the outlet: then in succession close
the' inlet valve and the sampling valve on the
tank. Disconnect the container and withdraw
enough of the contents so that it will be 70 to
80 % full If the vapor pressure of the product
is not high enough to force liquid from the
container, open both the upper and lower
valve* slightly to remove the excess. Promptly
seal and label the container, and deliver it to
the laboratory. The above is not applicable to
LPG:
11.3.1.9 forging Procedure—Connect the in-
let valve of the closed-type container to the
tank sampling tap or valve. Throttle the outlet
valve of the container so that the pressure in it
will be approximately equal to that in the con-
tainer being sampled. Allow a volume of prod-
uct equal to at least twice that of the container
to flow through the sampling system. Then
close all valves, the outlet valve first, the inlet
valve of the container second, and the tank
nmpii.ij yfjve last, and disconnect the con-
tainer immediately. Withdraw enough of the
contents so that the sample container will be
70 to 80 * full. If the vapor pressure of the
15
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OSWER 9951.1
product is oot high enough to force liquid from
the container, open both the upper and lower
valves slightly to remove the excess. Promptly
seal and label the container and deliver it to
the laboratory.
\\4OxidaitonStability.
11.41 When sampling products that are to
be tested for oxidation stability in accordance
with Method D525. Method 0873, or by
equivalent methods, observe the following pre-
cautions and instructions:
11.4.1.1 Precautions—Very small amounts
(as low as 0.001 %) of some materials, such as
inhibitors, have a considerable effect upon ox-
idation stability tests. Avoid contamination and
exposure to light while taking and handling
samples. To prevent undue agitation with air
which promotes oxidation, do not pour, shake,
or stir samples to any greater extent than nec-
essary. Never expose them to temperatures
above those necessitated by atmospheric con-
ditions.
11.4.1.2 Sample Containers—Use only
brown glass or wrapped clear glass bottles as
containers, since it is difficult to make certain
that cans are free of contaminants, such as rust
and soldering flux. Clean the bottles by the
procedure described in 9.1.3.3 and. if possible.
finish with a cleaning solution of sulfuhc acid
and potassium dichromaie. Rinse thoroughly
with distilled water, dry. and protect the bottles
from dust and din.
11.4.1.3 Sampling—An all-levels sample ob-
tained by the bottle procedure. 9.2.3.1. is rec-
ommended because the sample is taken directly
in the bottle. This reduces the possibility of air
absorption, loss of vapors, and contamination.
Just before sampling, rinse the bottle with the
gasoline to be sampled.
11.5 Lacquer'Solvents and Diluentr.
11.5.1 When sampling bulk shipments of
lacquer solvents and diluents that are to be
tested using Method D 268. observe the follow-
ing precautions and instructions:
11.5.1.1 Tanks and Tank Can—Obtain up-
per and lower samples (Fig. I) of not more than
040S7
1 qt at (0.9 L) each by the bottle procedure.
9.2.3.2. Prepare in the laboratory' a composite
sample of not less than '-. gal < 1.9 Li by mixing
equal pans of the upper and lower samples.
11.5.1.2 Barrels. Drums, and Cans—Obtain
samples from at least five percent of the number
of containers in any shipment. The number of
containers to be sampled may be increased at
the discretion of the purchaser. In the case- of
expensive solvents which are purchased in
small quantities, it is recommended that each
container be sampled. Withdraw a portion
from the center of each container to be sampled
with a clean tube (9.6.3) or weighted bottle
(9.2.3.2). (A smaller bottle may be used.) Pre-
pare a composite sample of at least I qt (0.93
L) by mixing equal portions of not less than I
pt (0.47 L) from each container sampled.
\\.6Asphaitic Materials—When sampling
asphaltic materials that are to be tested using
Method O 1856 or Method 0 2171 obtain sam-
ples by the boring procedure (9.8.3) or the grab
procedure (9.8.3). A sample of sufficient sue to
yield at least 100 g of recovered bitumen is
required. About 1000 g of sheet-asphalt mix-
tures usually will be sufficient. If the largest
lumps in the sample are I in. (25.4 mm). 2000
g will usually be required, and still larger sam-
ples if the mixtures contain larger aggregates.
11.7 Emulsified Asphalts—\\ is frequently
necessary to test samples in accordance with
the requirements of Specifications O *7~. and
Method D 244. Obtain samples from tanks.
tank cars, and tank trucks by the bottle sam-
pling procedure. 9 2.3. using a wide-mouth 11L.-
in. (38.t-mm)or greater* bottle. Use the dipper
procedure. 9.5.3. to obtain samples from filling
or discharge lines. Sample packages in accord-
ance with Table 3. If the material is solid or
semisolid. use the bonng sampling procedure.
9.8.4. Obtain at least I gal (13.8 L) or 10 Ib (4.5
kg) from each lot or shipment. Store the sam-
ples in clean, airtight containers at a tempera-
ture of not less than 4aC until tested. Use glass
or black iron containers for emulsified asphalts
of the RS-I type.
16
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OSWER 9951.1
4 04037
T48LE I Summary of Stratum Procedure* and
Application
Type 01' Container
Procedure
Liquids of mor> than 16 p»i (110
tP»i aad aoi more (baa 26 pu
Liquid* of mar* (ban 16 pu 1 1 10
kPn and not mort tbao 26 pa
(|79kPa>Rvp
Liquid! of mort than 1 pu ( M.I kPat
aod on nor* loan 16 pa < 1 10 kpai
Rvp
Liquid! of mort than 2 asi (1)1 kPal
and ooi montbaa Iapu
Rvp
Liquids of 16 pu 1 1 10 kPi) of leu
Rvp
Liquids of 2 pu (131 kPa) or lev
R.p
Liquid! of 2 pu (13.1 kPt) or leu
Rvp
Liquids of 2 pu (13.1 kPa) or leu
Rvp
Liquids of 2 p*i (131 kfii or less-
R.p
Boiiom or ibitf sampling of liquids
of 2 psi(l) S kPti Rvp or leu
Uquidi and MiiiUiqiudiof 2 pu 1 1 3.1
kPai Rvp or Leu
Crude petroleum
Industrial aromatic bydracarbons
Waxes, solid bitumens, and other
sort solids
Petroleum coke: lumpy souda,
Creases, soft waxes, asphalt*
Aspbaltic matenals
Emulsified aspbalu
siora;r taaki. ibip and barge tanu. tank can.
lank trudu
storage taakJ *na up*
storage tank*, ship and barge tank*, tank can.
tank trucks
storage tank* with taps
pipe* or lines
storage tanks, ship and barge
storage tanks with taps
fret or open-discharge streams
drums, barrels, and cans
tank can. storage tanks
free or operi-discharfc streams. Open tanks or
kettles »n1 open Beads: tank can and taak
trucks: drums
storage tanks, ship and barge tank*, tank can.
tank truck*, aad pipelines
storage tanks, ship and barge tanks
barrels, cases, bags, cakes
freight can. conveyon. bags, barrels, boxes
kettles drums, cans, tubes
storage tanks, tank can. unes. packages
storage tanks, tana can. lines. r-vHigf*
precooled bottle sampling
cooler tap sampling
bottle sampling
tap sampling
IB-
bc*U« sampling
tap sampling
dipper sampling
tube sampling
thief sampling
dipper sampling
automatic sampling thief
sampling bottle sampling
tap sampling
bottle sampling
bonng sampling
grab sampling
grease sampling
TABLE 2
l»«rmHe«i for H
Crtaekfeal Taaks
TABLE!
Liquid
Depth. *
Diameter
Sampling Level
* of Diameter
Abov«Botioea
Composite Sample.
Proportionate Parts
•
Upper/ MMtdle/ Lower 1 Upper/ Middle/ Lower
100 SO
90 i 75
SO
70
tt
*"J§»'
i^jjgfc
JiXfr.
!••»•
!t?*?
70
50-
50
50
50
50
40
20
20
20
20
20
20
20
15
10
5
3
3
2
4
4
5
6
5
4
3
3
3
4
5
6
: ' 10
I
1
10
10
10
Nmtber of Pwtafti t« be Setoctrt
forSaeapttMj
Number of
Packages in Lot
1 to 3
41064
65 to 125
126 to 216
217 to 343
344to5l2
5 13 to 7:9
730 10 1000
lOOlu 1331
Number
of Pack-
ages to
Be Sam-
pled
all
4
5
6
7
S
9
10
II
Number of
Packages in Lot
1332 to 1778
1729 to 2 197
2l9Su>2744
2745 to J375
3376 to 409ft
4097(04913
49l4to5832
5S33 to 6S59
6MOorover
Number
pled
12
13
14
15
16
17
19
:o
17
-------
OSWER 9951.1
fP 04057
TABLE 4 WMftoe* S«e**ii« Bottte <
NOTI—See running or aU-leveli uoipiei (» 2.3)
Oumctcr
Material of Op«a-
Light lubricating oil*, kerouae*. gae>
olines. tnniptmt gat oib. dMMl
fuel*, tod duiitUiM
Hejvv lubncauag oU*. oocmjuo*/-
caigMoilf
Lgii erode oil* (leu ihafl 2001 Say.
bolt L'aivenaJ Vitcouiyai IQO'F)
Heaw crude aad fuel oil*
(19)
(3D
(19)
no
TAILE 5 SbtrfCr**M
Mtainun Sample
Tuba or fMCktga. lew ilua I 16
l-lbcui
5 or 10-lbciM
Larger i6»fl lOlb
UrgtrtAtf 10 Ib
UrgcrtbM 10 Ib
eoougb uaiu for * Mb uapit
ail
leu tiun 10 000 Ib
10 00010 JO 000 Ib
oor«bM50 000 Ik
OMCM
2 u> 3 Ib from OM or more eooutacn
2 u> i Ib (ram rwo or osort coautacn
2 10 5 Ib-frew ttnt or more coouioen
HATCH
.«"
.-y. TOP SAMPLE
« U^HfJSAMnC
• MIDDLE SAMPLE
3. 1 IOWCR SAMPLE
5 CLEARANCE SAKPLE
UPfCM TMIIO
MIMLE THIRD
LOWER THIRD
•WTTOM SAMPLE
Han— Tht eoclM u«pt* lo
fro* ib« floor of IJM tut or tunu dova into a wap.
FIC. I
i only to d« outlca. It don oot apprr wbea (be ouilei comn
18
-------
OSWER 9951.1
0 4057
'/•"COPPER
WIRE—
HANDLE
(•) l-Ot Weightfd Boula
(»l I-O
FIG. 2
1 Qt Weighted Beaker
19
-------
OSWER 9951.1
0 4057
TAIMK
FIG. J
• ttVCL
( A)
I /••-!/«• »I»C
TO MCCIVCN
on
'»!'
Oi
CNO «CAMCO ro
A SHAH* fOOf
omricc IN Sioi of fmout
•«O«C re tl CL04CD
ro •cecivcH
on SAM»LC*
< • > C C I
I< >••• «r « »irrt» •»• v.x* M *VM •
FIG. 4 Pro6n for Coaiiauon* S«apiiB|
20
-------
OSWER 9951.1
04057
FTC. 5
21
-------
OSWER 9951.1
04097
-U
— 11
-10
— 7
F1C. «
PC. T
22
-------
OSWER 9951.1
04057
1. i UNtrN Of CM •
'1
•—
oo
oo
4T!I
i?. SI
—»- «
FIG. I Uc«tM^SMpta«f«MiMOM
-------
OSWER 9951.1
04097
ANNEX
At. PRECAUTIONARY STATEMENTS
A 1.1 The following substances may bt used
throughout th* course of this standard tot method.
The precautionary statements snovld be read poor to
UM of such substance*.
Al.l.l BesuesW
Danger—Poison. Carcinogen. Harmful or fatal if
swallowed. Extremely flammable. Vapors may cause
flash fire. Vapor harmful may be absorbed through
skin.
Keep away from heat, sparks and open flame.
Keep container closed.
Use with adequate ventilation.
Use fume hood whenever possible.
Avoid build-up of vapors and eliminate all sources
of ignition, especially non-explosion proof electrical
apparatus and beaten.
Avoid prolonged breathing of vapors or spray
mist.
Avoid contact with skin and eyes. Do not take
internally.
AI I.: DHsMsn (Napfcdu)
Danger— Extremely flammable. Harmful if in-
haled. Vapors may cause flash fire.
Keep away from heat, sparks, and open flame.
Keep container closed.
Use with adequate ventilation. Avoid build-up of
vapors and eliminate all sources of ignition, especially
non-explosion proof electrical apparatus and heaters'.
Avoid prolonged breathing of vapors or spray
mist.
Avoid prolonged or repealed skin contact.
A 1.1.3 FlassssnMe LioiMf (MMfsri)
Warning—Flammable.
Keep away from heat, sparks, and open flame.
Keep container closed.
Use only with adequate ventilation.
Avoid prolonged breathing of vapor or spray mist.
Avoid prolonged or repeated contact with skin
Al.1.4 Gasoline (White)
Danger—Extremely Flammable. Vapors harmful
if inhaled. Vapors may cause flash fire.
Harmful if absorbed through skin.
Keep away from heat, sparks, and open flame.
Keep container closed. Use with adequate venti-
lation.
Avoid build-up of vapors and eliminate all sources
of ignition especially non-explosion proof electrical
apparatus and heaters.
Avoid prolonged breathing of vapor or spray mist.
Avoid prolonged or repeated skin contact. '
Al.1.5 TotsNMiariXytnt
WanriBf—Flammablt. Vapor Harmful.
Keep away from heat, sparks, and open flame.
Keep container closed.
Use with adequate ventilation. Avoid breathing of
vapor or spray mm.
Avoid prolonged or repeated contact with urn
Tht Ammea* Satan- for Ttttag ant Maunali tatn *• potato* mpwratf t*» itm*it four tomnmii art atntd tuJttr/or mine* of ilia namdar4 or for additional
.
aie1 iktmU tr tUtiittit 1 TTTf Hittpttrttn Yotf t tumtmi nil rtttnt ttnfHi toKnotmton at a mmuif of <
btt iftlUHt»J fomaotttr. »*w* *om mtv attt*4. Ifvoufrrl /*• iomr tommtmi *e«r tot rttmHl a fair *tan*g it
mak* it** HTM *JWM 10 tke .4STM Ctmmmtt o* Slather*. 1916 Hoc* SL. fktiaoWftua. fa. I » 1 01.
24
-------
OSWER 9951.1
Appendix E
Packaging Samples
-------
OSWER 9951.1
PACMGIW, MARKING, LABELING AND SHIPPING OF SAMPLES
GENERAL PROVISIONS
The investigator determines how samples are to be shipped based on
available information. Samples of known materials must be packed and labeled
according to the requirements set forth In the Department of Transportation
(DOT) hazardous materials table shown in Part 172 for Title 49 of the Code
of Federal Regulations (49 CFR 172.101). The investigator uses available
information about the samples to determine the hazard class and to package
and label samples of unknown materials. Procedures for classifying, pack-
aging and labeling samples are excerpted below, and examples of shipping
papers are included.
The sample types collected during investigations include 1) environ-
mental samples, 2) hazardous waste site samples and, 3) hazardous wastes/
waste oil mixture samples.
Environmental samples are not hazardous materials, and consequently
they are not subject to DOT hazardous materials transportation regulations.
They are shipped according-to the procedures detailed below. Specific exemp-
tions also apply In other casts. One exemption includes the use of special
packaging for samples such as Labelmaster, Inc.*, Package No. 38; Dow Chemi-
cal Company's-* labiber Pack9 for shipment of Poison B, n.o.s. by United
Parcel S«iJfijf; Air Shipment of 5% nitric acid in 25-m£ ampules (OOTE 811=;.
certain pj^pvatives (April 11, 1979 and December 18, 1980 letters from
Alan I. Robtrte); and samples of discharges subject to NPOES regulations.
40 CFR 260.44.
* Mention of tn« nao* of a particular corporation or product is not an
•ndorstomit of that corporation or product.
9 £«9ist«r«d tradeoarJlc
-------
OSWER 9951.1
The procedures for shipping classes of hazardous materials are applied
to those unknown investigation samples which cannot be classified as envi-
ronmental samples. They include packing, marking, labeling and shipping
requirements from DOT hazardous materials transportation regulations. Unless
specifically excepted, all materials identified in DOT Hazardous Material
Tables (49 CFR 172.101) must be shipped as prescribed in that table.
The EPA-recommended procedure* for packaging and labeling labora-
tory samples meets the following DOT standard requirements for all packages
as specified in 49 CFR 173.24(a):
(a) Each package used for shipping hazardous materials. . .shall be
so designed and constructed, and its contents, so limited, that
under conditions normally incident to transportation
(1) There will be no significant release of the hazardous mate-
rial to the environment;
(2) The effectiveness of the packaging will not be substantially
reduced and;
(3) There will be no mixture of gases or vapors in the package
which could,, through any credible spontaneous increase of
heat or pressure, or through an explosion, significantly
reduce the effectiveness of the packaging.
, shipments by air must also meet the requirements of 49 CF3
Fro* "National Guidance /or Compliance with Departaent of Transporta-
tion Regulations in the Shipment of Environmental Laboratory Sampl»«"
March 6, 1981, signed jointly by Deputy Assistant Adninistrators for
Water Enforcenent, Drinking Water, Monitoring and Technical Support,
and Water Regulations and Standards
-------
OSWER 9951.1
(b) Geiwal Packaging Requirements
(1) -. . . each package must be designed and constructed to prevent
leakage that may be caused by changes in altitude and temper-
ature during air transportation.
(2) Inner containers that are breakable (such as earthenware,
glass or brittle plastic) must be packaged to prevent break-
age and leakage under conditions normally incident to trans-
portation. These completed packaglngs must be capable of
withstanding a 4-foot drop onto solid concrete in the posi-
tion most likely to cause damage. Cushioning and absorbent
materials must not be capable of reacting dangerously with
the contents ...
(3) For any packaging with a capacity of 110 gallons or less
containing liquids, sufficient outage (ullage*) must be pro-
vided to prevent liquid contents from completely filling the
packaging at 130° F (55° C). The primary packaging (which
may include composite packaging), for which retention of the
liquid Is the basic function, must be capable of withstand-
ing, without leakage, an Internal absolute pressure of no
less than 26 Ibs/sq. In. or no less than the sum of the
absolute vapor pressure of the contents at 130° F (55° C)
and the atmospheric pressure at sea level, whichever is
greater.
^
Stoppers, corks or other such friction-type closures must be
held securely, tightly and effectively In place with wire,
n?Ion*r*in/orc«d** tape or other positive means. Each screw
type closure on any Inside plastic packaging must be secured
to prevent the closure from loosening due to vibration or
substantial changes In temperature or pressure.
* Outa?* or ullage ia tft« g«*/*ir space at th« top of tn« bottle (defini-
tion *dd«d).
** Italicized words added
-------
OSWER 9951.1
TRANSPORTATION
DOT regulates transportation of samples of hazardous materials.
Environmental samples may be shipped by any means available with considera-
tion being given to the holding time requirements of 40 CFR 165. Unana-
lyzed samples containing suspected hazardous wastes may be transported by
any rented car or truck, common carrier truck, bus,, railroad or by cargo
only air carriers, but they may not bt transported by common carrier pas-
senger aircraft. Prior arrangements with air cargo companies may facilitate
shipment. DOT regulations do not apply to transportation by any government-
owned or operated vehicle, including aircraft; however, EPA personnel will
use the packaging procedures described below, except a Bill of Lading with
certification form is not required (set "Shipping Papers").
ENVIRONMENTAL SAMPLES
These procedures for packing and shipping environmental samples include
chain-of-custody and sample identification procedures.
1. Sample volume should be limited to the quantity necessary to con-
duct the requisite analysis, and the smallest appropriate container
should bt ustd. Identify each sample containtr with a tab or
label at tht> time, of collection.
2. Plastic containers should bt ustd unless EPA-approved analytical
is require glass.
3. PfKtfc or glass containers should have screw-type lids. If it
is necessary to use stoppers, corks or other friction-type clo-
sures, they nust be held securely in place with wire or nylon-
reinforced tape. -
4. Containers for samples requiring preservation with ice should be
placed in sturdy plastic bags or containers to minimize ice water
leakage. When dry ice 1s used to preserve plant or animal tissue
-------
OSWER 9951.1
5
and tht package is to be offered for transportation by air, the
packaging must be designed and constructed1 to permit tfre release
of carbon dioxide gas. The air carrier should be notified well
in advance of shipment. The package should be marked "carbon
dioxide, solid" or "dry ice" and "frozen diagnostic specimens".
5. Shipping Container - All sample containers are to be placed inside
a strong outside shipping co.nta.intr. A metal picnic cooler (Ice
chest) lined inside with hard plastic complies with the DOT drop
test requirement.* Care must be taken to secure the drainage
hole at the bottom of the cooler so that if a sample container or
an ice bag leaks, the contents cannot escape the shipping container
through the drain hole. The lid should fit tightly to prevent
leakage, should the container be accidently turned over.
6. Glass containers - The container's screw-type lid must be tight-
ened before it is placed in the shipping container. In the ship-
ping container, glass bottles should be separated by cushioning
or absorbent material (e.g., styrofoam, blotting paper or news-
paper) to prevent contact with other hard objects and prevent
breakage. For example, a 1-gallon glass bottle (organic sarple)
can be placed between two carved out styrofoara sheets which secure
the bottle at the top and bottom. Small glass bottles (volatile
organic staple*) can be placed inside a. L-quart plastic Cubi-
tainer** with screw-type lid to minimize breakage and contain
7. f^H*t containers - Polyethylene bottles or Cubitainers do not
rwqvfrt cushioning materials to prevent breakage but do need to
be protected from puncture by sharp objects. Caps are. to be
tightly screwed on before the plastic containers are placed in
the shipping container. •
* Tests' conducted by NEIC, Denver, CO show that these coolers pass the
4-foot drop test.
** Mention of the naoe of a particular corporation or product is not an
endorsement of that corporation or product.
-------
OSWER 9951-1
6
8. let can be placed in separate plastic bags or in large-mouthed
plastic Cubitainers with screw-type lids. As an alternative,
sample bottles and ice can be placed together in a large sturdy
plastic bag which will provide an additional waterproof lining in
the shipping container. After all of the sample containers have
been carefully arranged and ice has been added, the plastic bag
should be tightly closed with wire, nylon-reinforced tape or other
positive means.
9. Place the chain-of-custody form in the shipping container before
closing it.
10. Close and secure the shipping container with a lock, seals and/or
custody tape.
11. 'A team member must accompany shipping container(s) to the car-
rier and, if required, open outside container(s) for carrier
inspection.
The shipping container must be marked "This End Up" with arrows indi-
cating the proper upward position of the container. A sticker showing the
Agency program office's name and address must be placed on the outs-ide of
the cooler.
PACKAGING. IftRKING AND LABELING REQUIREMENTS FOR UNANALYZED SAMPLES
FROM HAZAfldbwASTE SITE?*
Classification of laboratory samples of unknown materials follows this
DOT (49 CFR 173.2) ordtr of hazards:
1. Radioactive material
2. Poison A
3. Flammable gas '
4. Non-flammable gas
5. Flammable liquid
-------
OSWER 9951.1
7
6. Oxldlzer
7. Flammable solid
8. Corrosive material (liquid)
9. Poison B
10. Corrosive material (solid)
11. Irritating materials
12. Combustible liquid (in containers having capacities exceed"
ing 110 gallons)
Samples taken onsite during the investigation of a hazardous waste
facility, blended waste oil facility, etc., are considered to be contami-
nated and hazardous. The investigator must decide which OQT class (i.e.,
flammable liquid, flammable solid, corrosive, poison B, etc.) is applicable
and pack, label and ship accordingly. Flammable liquid is usually the most
hazardous DOT classification used. Field flashpoint testing for the purpose
of reducing packaging requirements is both impractical and extremely danger-
ous. The prioritized DOT scheme establishes classes for radioactive mate-
rial, poison A and gases that are more hazardous than flammable liquid.
The possibility of radioactive materials in samples is eliminated, by the
use of a radiation survey meter for personnel safety when entering the site.
It is extremely unlikely that Poisons A are present on hazardous waste sites
because most of then art gases or very volatile liquids; gases are normally
not sampled or shipped. Poison A packaging and shipping procedures are on
page 11 i f they should be needed.
PackaqinqtJB^1nq and Labeling Requirements for Flammable Liquid (or
Flammable*^
1. Collect saople in an 8-ounce or smaller glass container with a
nonmetallic, Teflon9-lined screw cap. Allow- sufficient ullage
(approximately 10% by volume) so container Is not full of liquid
at 130° F (55° C). If collecting a solid material, the net weight
oust not exceed 1 pound.
9 £*gi5t«r«ci eraoltaarfc; Hereinafter noted without the §.
-------
OSWER 9951.1
a
2. Tightly close sample container.
3. Attach a properly completed Sample Identification Tag to the sam-
ple container and place it in a 2-ml thick (or thicker) polyethyl-
ene bag, one sample per bag. Sample tag should be positioned for
reading through the bag. Close the bag with a wire, reinforced
tape or other secure means.
4. List the appropriate sample identification data on a Chain-of-
Custody Record.
5. Place the bag and properly orient the sample container inside the
metal can marked with the sample number. Add enough incombust-
ible, absorbent cushioning material [e.g., vermiculite or dia-
tomaceous (Fuller's) earth] to completely absorb the liquid con-
tents. Place only one sample in a can. Pressure close the can
and use clips, tape or other positive means to hold the lid
securely.
6. Place one or more metal cans, surrounded with incombustible pack-
ing material for stability during transport, into a strong out-
side container such as a metal picnic cooler or a strong fiber-
board box.
7. Place Chain-of-Custody Record inside the shipping container
closing and securing.
8. CTost and secure the- shipping container with a lock, seals and/or
custody tape.
9. Marking and labeling - Use abbreviations only where specified.
Use printed stickers or labels to place th« following information
-------
OSWER 9951 .1
9
OR thw shipping container: laboratory name and address; "Flam-
mable Liquid, n.o.s.,* UN 1993"; (if solid, use "Flammable Solid,
n.o.s^, UN 1325"); "Limited Quantities" or "LTD. QTY.M; "This end
up" or "This side up" and arrows. Also, on the outside of the
contairer place the following labels: "Cargo Aircraft Only";
"Flammable Liquid" or "Flammable Solid"; and a "Dangerous When
Wet" label if the solid is water reactive or has not been exposed
to a w«t environment.
10. Shipping papers - Use abbreviations only as specified below.
Complete a Bill of Lading.and sign the certification statement
(if the carrier does not provide one, use the standard industry
form) with the following information in the order, listed {a form
may be used for more than one shipping container (see attached
examples)]: "Flammable Liquid, n.o.s., Flammable Liquid, UNI993"
(or "Flammable Solid, n.o.s., Flammable Solid, UN 1325"; "Cargo
Aircraft Only"; "Limited Quantities" or "LTD. QTY."; "Net Weight
" or "Net Volume n.
11. A team member must accompany shipping container(s) to the carrier
and, if required, open outside container(s) for carrier inspection.
Using "Fl*aa*J3l*" dots not convey the certain feioviedge that a saapl*
or group of staples is, in /act, Uaona&le, nor does it indicate how
fltnubl* they are.' father, it is intended to pnscrib* th« class of
packaging in order to comply with DOT regulations. "N.O.S." M«ns
"not oth«nris« specified". If th« field investigator d«t«raines the
saapies ar* covered by a different hazardous class, than marking and
should £• don« according to DOT
-------
OSWER 9951.1
10
Packaging. Marking, Labeling, and Shipping Requirements for Flammable Liquid.
Corrosive, n.o.s.
If a flammable liquid sample exhibits corrosive properties, it must be
packaged and shipped as Flammable Liquid, Corrosive, n.o.s. RCRA defines
an aqueous solution as corrosive if the pH is <2 or >12.5. According to 49
CFR 173.240, "... a corrosive material is a liquid or solid that causes
visible destruction or irreversible alterations in human skin tissue at the
site of contact, or in the case of leakage from its packaging, a liquid
that has a severe corrosion rate on steel". Shipping requirements for these
types of materials are as follows:
1. Collect the sample in a 1-quart glass container and close it with
a nonmetallic. Teflon-lined screw cap. Allow adequate ullage
(about OX by volume) so the container will not be liquid full at
130° F. (55° C.).
2. Attach a properly completed sample identification tag to the sam-
ple container.
3. Place the quart container inside a 128 fiberboard box with incom-
bustible, absorbent cushioning material [vermiculite or diato-
maceous (Fuller's) earth]. (Polyethylene bags are not used for
quart corrosive, sample, bottles..) Use tapt to close the box, apply
"Flammable Liquid", "Corrosive" and "Cargo Aircraft Only" labels
and aark the box with "Flammable Liquid, Corrosive, n.o.s.,
', the laboratory name and address, "This side up" or This
l" and arrows.
4. Plact the fiberboard box(es), surrounded with sufficient addi-
tional, incombustible, absorbent cushioning material to absorb
the contents of broken containers, into a strong shipping con-
tainer as prevjously described.
-------
OSWER 9951.1
11
5. PUct a properly completed Chain-of-Custody Record in tha.ship-
ping container; close and secure the container with a lock, seal
and/or custody tape.
6. Mark and label the shipping container the same as the 128 fiber-
board boxes (see 3 above). In addition, nark container as "Over-
pack" and apply "Inside packages comply with prescribed specifi-
cations" TabtT.
7. Shipping papers - Use abbreviations only where specified. Com-
plete a Bill of Lading and complete and sign the certification
statement with the following information (a single form may be
used for more than one shipping container): "Flammable Liquid,
Corrosive, n.o.s., Flammable Liquid, UN 2924**, " Cargo Aircraft
Only" and show the net quantity. Also write "Overpack" on the
shipping papers (see attachment).
8. A team member must accompany the shipping container(s) to the
carrier and, if required, open outer container for verification
of inside packaging by the carrier's agent.
Packing, Marking. Labeling and Shipping Requirements for Samples
Classified as Poison A
Samples suspected of containing one of the liquids classified by DOT
as Poison Iflfcit be shipped in conformance with the following specifica-
tions (49.iKp3.328):
^^
1. Collect the sample in a polyethylene or glass container which has
an outer diameter smaller than the valve hole of a DOT Spec. 3A1800
or 3AA1800 metal cylinder normally used for pressurized gas.
Allow sufficient ullage (about 10X by volume) so It 1s not liquid
full at 130° P (55° C). Seal the sample container as appropriate.
-------
OSWER 9951.1
12
2. Attach a'p'roperly completed Sample Identification Tag to the sam-
ple container.
3. Using a string or flexible wire, attached to the neck of the sam-
ple container and lower it into a metal cylinder (DOT Spec. 3A18QO
or 3AA1800) which has been partly filled with incombustible, absor-
bent loose packing material [vermiculite or diatomaceous (Fuller's)
earth]. Fill the cylinder to the valve, hole with more of the
packing material, using care to assure sufficient packing between
the sample container and the sides, bottom and top of the cylinder
to prevent breakage. Drop the string or wire Into the valve hole.
Use one cylinder for each sample of Poison A.
4. Install the cylinder valve (use 250 ft/lb of torque for a l-1nchr
opening) and replace the valve protector on the cylinder using
Teflon tape.
5. Marking and labeling the cylinder - Use abbreviations only where
specified. Place the information below on the side of the cylinder
or on a metal tag wired to the valve protector. Use hand printing
or prepared labels. "Poisonous* liquid, n.o.s., NA 1955" or "Poi-
sonous Gas, n.o.s., NA1955", laboratory name and address.
Place a "Poisonous. Gas." label on the cylinder. A "Poisonous Liquid"
label may not be used, even if the sample is liquid.
6. ftjWnders may $1 shipped as is, or several may be packed in an
tWipiCk. A properly completed Chain-of-Custody Record must be
^^BF^
placed fn the shipping container or must otherwise accompany the
shipment.
"Poisonous" does not convey the certain Knowledge that a staple is in
fact poisonous, or'how poisonous it out? be; it is, rather, intended to
establish the class of packaging being used to comply with DOT
regulations.
-------
OSWER 9951.1
13
7. Mark and label the shipping container as follows: use the same
labels and printing as on the cylinder (see 5 above) and, in addi-
tion, mark the container "Laboratory Sample", "Inside Packages
Comply with Prescribed Specifications", and "This Side Up" or
"This End Up"; arrows should be placed on the outside in an appro-
priate location.
8. Shipping papers - Complete, the Bill of Lading and complete, and
sign the certification statement (if the carrier does not provide
one, use the standard industry form). Use the following infor-
mation in the order given (a form may be used for more than one
shipping container; use abbreviations only as indicated):
"Poisonous Liquid, n.o.s., Poison A, NA 1955" or "Poisonous gas, Poi-
son A, n.o.s., NA 1955"; "Limited Quantity" or "LTD QTY."; "Laboratory Sam-
ples"; "Net Weight " or "Net Volume " (of hazardous contents)
by cylinder, if more than one cylinder is contained in a shipping container
and "Poison A" for hazard class. The net weight or net volume must be placed
just before or after the "Poisonous liquid, n.o.s., NA 1955" or "Poison
Gas, n.o.s., NA 1955" marking.
9. Materials classified and packed as Poison-A may not be shipped by
non-government aircraft. Unless samples are driven to the labora-
tory, a tea* neater must accompany, the shipping container(s) to
tht carrier and will, if required, open the shipping container
for Inspection of the contents.
-------
OSWER 9951.1
Flammable Liquid, Corrosive, N.Q.S.
L package containing 10 1-qt. samples
1 290644863
SHIPPER'S CERTIFICATION FOR RESTRICTED ARTICLES
(TYPE OR PRINT)
PKGS.
49 CFR-»7230T)js -
Flammable Liquid, Corrosive, n.o.s., Flammable Liquid
Cargo Aircraft Only
Overpack
UN 2924
NET QUANTITY
V," PER.PACXAGE
10 qts.
AQDITIONAL-
ifllPTION V
FOfl
RADIOACTIVE
MATERIALS
s SACK)
?./; >UOIOMUC«.IOC »/:.
THIS SHIPMENT IS WITHIN THE LIMITATIONS PRESCRIBED FOfl
1X83%'}
4.BCBAPT ONCY
(Deigrg.NO*APPuCAQi.E)
IF ACCEPTAE.E FOR PASSENGER AIRCRAFT, THIS SHIPMENT CONTAINS RADIOACTIVE MATERIAL INTENDED FOR USE IN, OR INCIDENT
TO. RESEARCH, MEDICAC DIAGNOSIS Oft TREATMENT.
I HEREBY CERTIFY THAT THE CONTENTS Of THIS CONSIGNMENT ARE FULLY AND ACCURATELY DESCRIBED ABOVE BY PROPIiR
SHIPPING NAME AND ARE CLASSIFIED, PACKED. MARKED. AND LABELED, AND M PROPER CONDITION FOR CARRIAGE BY AIR
ACCORDING TO APPLICABLE NATIONAL OOVSINMBTfTAL. REGULATIONS.
-------
OSWER 9951.1
Flaraable Liquid, N.O.S.
3 package - Two packages contain 24 samoles each
and one contains 16 samples. All samples are
290644863
SHIPPER'S CERTIFICATION FOR RESTRICTED ARTICLES
(TYPE Off PRINT)
N6T QUANTITY
'"« PER.PACKAGE
Flammable Liquid, N.O.S.
LID Qty Cargo Aircraft Only
FT armable Liquid
UN1993
144 or.
144 oz.
96 oz.
ADDITIONAL
DESCRIPTION
• FOR
RADIOACTIVE
MATERIALS
(SEE SACK)
£;?*AQio»«ua.ioc V:.*/
crrtooirr or CAMLS
THIS SHIPMENT IS WITHIN THE LIMITATIONS PRESCRIBED FOR
CARGO
*|RCBAFT ONLY
(OElfTg-NONAPPLlCAOUEi
IF ACCEPTABLE FOR PASSENGER AIRCRAFT, THIS SHIPMENT CONTAINS RADIOACTIVE MATERIAL INTENDED FOR USE IN. OR INCIOENI
TO. RESEARCH. MEDICAL DIAGNOSIS OR TREATMENT.
I HEREBY CERTIFY THAT THE CONTENTS OK.THIS CONSIGNMENT AMI FULLY AND ACCURATELY DESCRIBED ABOVE BY PROPl-R
SHIPPING NAME AND ARB CLASSHIO, PACKED, MARKED, ANO LABELED, ANO M PHOPM CONDITION FOR CARRIAGE BY AIR
ACCORDING TO APPLICABLE NATIONAL GOVERNMENTAL RfOiTLATtONS.
Total quantity per package cannot exceed 10
gallons for cargo aircraft.
-------
OSWER 9951.1
Flaanable Solid, N.O.S.
L package wich 11 1-lb. soil samples
SHIPPER'S CERTIFICATION FOR RESTRICTED ARTICLES
(TYPE OR PRINT)
PM jj.cwiTaaop.vi\?'ij-'g^
N6TOUAHT1TV
V; P6P PACKAGE
Flsnroable Solid, N.O.S.
Flannable Solid
UN 1325
Cargo Aircraft Only
LTD. OTjf.
11 Ibs.
ADDITIONAL
JCRIPTION
JlfiEMB/TS
FOfl
RADIOACTIVE
MATERIALS
(SS58ACK)
MTIOONT O» CAMU
THIS SHIPMENT IS WITHIN THE LIMITATIONS PRESCRIBED FOR
CARGO
IF ACCEPTABLE POfl PASSENGER AIRCRAFT. THIS SHIPMENT CONTAINS RADIO ACTIVE MATERIAL INTENDED FOR USE IN. OR INCIDENT
TO. PESEABCH. MEDICAL DIAGNOSIS OR TREATMENT. ' . ' . " "
I HEREBY CERTIFY THAT THE CONTENTS Of THIS CONSIGNMENT ARE FULLY AND ACCURATELY DESCRIBED ABOVE BY PflOPI-R
SHIPPING NAME AND ARE CLASSIFIED, PACKED, MARKED, AND LABELED, AND IN PftOPtft CONDITION FOR CARRIAGE BY AIR
ACCORDING TO APPUCABLS NATIONAL GOVEfWMWTAt REGULATKDNS. . -
John Pmiphandle,
Total quancicy per package cannoe exceed 25 Ibs.
cargo or pasenger aircraft.
-------
OSWER 9951.1
Flannable Liquid, N.O.S., Flannable Solid, N.O.S.
I package concaining 16 - 6 02. liquid samples and
10 - L Ib. soil samples.
»'"8i'.t NUMaefl
SHIPPER'S CERTIFICATION FOR RESTRICTED ARTICLES
(TVP6 OR PRINT)
N6TQUANTI7>
';{ PER PACKAGE
Flarmable Liquid, N.O.S. Flannable Liquid
LTD QTY Cargo Aircraft Only
FLannable Solid, N.O.S. Flanmable Solid
LTD QTY, Cargo Aircraft Only
UN 1993
UN 1325
96 02.
10 Ib.
ADDITIONAL
DESCRIPTION
FOR
RADIOACTIVE
MATERIALS
(SEE SACK)
.,- moiOKucxior y.\\
• «••'•* ••• • T. «/*Akj*' *^* ' ' **—*^»
•* >-...y.i. • r-yQa »-^-. .,.
rtncAin
W
THIS SHIPMENT IS'WITHIN THE LIMITATIONS PBESCPHBED FOR
CARGO
IF ACCEPTABLE FOR PASSENGER AIRCRAFT, THIS SHIPMENT CONTAINS RADIOACTIVE MATERIAL INTENDED FOR USE IN. OR iNQCENT
TO. RESEARCH. MEDICAL DIAGNOSIS OH TREATMENT.
I HEREBY CERTIFY THAT THE CONTENTS OF THIS CONSIGNMENT ARE FUUY AND ACCURATELY DESCRIBED ABOVE BY P40PI-R
SHIPPING NAME AND ARE CLASSIFHD, PACKED, MARKED, AND LABELED, AND IN PROPER CONOfTION FOR CARRIAGE BY AIR
ACCORDING, TO APPLICABLE. NATIONAL GOVERNMENTAL REGULATIONS.
John Pumphandle, F
Total quancicy per package cannoc ex
flaonable solids or ID gallons flaomable liquids
for cargo aircraft.
-------
OSWER 9951.1
Appendix F
Additives and Contaminants
In Used Oil and Virgin Fuels
-------
OSWER 9951.1
PROPERTIES OF WASTE OIL AND RESIDUAL FUEL OIL1
Parameter
Heat value, Btu/lb
Btu/gai
API gravity at 60°
Density at 15°C, g/ml
Viscosity at 40°C, es
Water, %
Ash, %
Carbon, %
Hydrogen, %
Nitrogen, %
Suffer, %
Chlorine, %
Arsenic, ng/g
Barium, ng/g
Cadmium, ng/g
Chromium, jig/g
Lead, ng/g
Zinc, ng/fl
5SSS5S55S»^2S5^HiBBBiBS5S55SSS55S5l5S25^SS
Estimated
typical value
of waste oil
18,500
138,000
28
0.8960
68.6
2.4
1.16
83.9
13.2
0.093
0.5
1.4
11
50
1.1
10
240
469
Estimated
typical value of
residual fuel oil
18,500
149,00
13-16
350
0.08
0.2-O.a
86.4
12.9
0.3
0.2-5
0.2-0.7
0.3-0.5
0.003-1
0.7-4
1-4
0.4-2.0
1 Source: A Risk Assessment of Waste Oil Burning In Boilers
and Space Heaters. Prepared by PEJ Associates for EPA.
PB-85-103-034.
-------
OSWER 9951.1
TABLE 48. TYPICAL CONCENTRATION RANGES FOR SEVERAL POTENTIALLY H/.LARDOUS
CONSTITUENTS IN VIRGIN FUEL OILS
Metals
Arsenic
Barium
CadmitBB
Chromium
Lead
Zinc
Total chlorine
Benro (a) anthracene
Senzo(a)pyrene
No. 2
discillaee
(ppm)
ND*
NT
ND
ND
ND-5.0
—
0.03-5.0
0.001-0.471
0.001-0.60
No. 3 and 4
fu«l oils
(ppm)
ND-O.Q58
ND-13
ND"
ND-0.09
ND-10
0.06-0.32
5.7-7.8
0.02-2.32
0.57-2.1
Residual
fuels
(ppm)
0.06-0.8
0.3-5.0
ND-1.0
0.11-14
1.0-4.1
ND-2.0
0.2-85
18-97
2.9-44
* ND: Not detectable.
TO
•* • f
Reference 1
-------
OSWER 9951.1
TABLE 10. COMPOSITION: AITI.1CAT1ON. AND FUNCTION OF LUUR1CAT1NU Oil. AUOITIVIIS (com luu-d)
Name of Additive
Metal Deactivator
Color Stabilizer
Viscosity Index
laprover
Pour Point
Depressant
Extreme Pressure
Additives
Antiwear Additive
Tackiness Agent
Emulslfier
Composit 14 m
Application
. and sulfur compounds
Anine compound u
Isobut ylene poIymers and
aery late copolymera
Pqlymethacrylatea, polyacryl-
amides. alkylaled naphtha-
lenes and phenols
Organic compound^ with sulfur,
pliospliurous. nitrogen, halogens.
carbovyl or catboxalate salt
Chlorinated waxes, organic
phosphates, le.id naphthunate
Polyacrylates und pplybutenes
Surfactants, uulfonates.
naphtha-nates mid fatty
ucld sitaps
1C engines, turbines, electric
•otors. air compressors, hy-
draulic oils
Mien heat and oxidaiion darken
oil
1C engines, electric motors, air
compressors, hydraulic oils
1C engines, gears, bearings.
transmissions
1C engines, turbines, motors
•hydraulic oils, geait. roller*
and ball bearings
As above
Gear enclosures from which oil
must not drop
Soluble cutting oils
Fund luii
To form protective film
on running surfaces to
Inhibit corrosion reactions
To stabilize oil color
To retard loss of viscosity
at high temperatures
To prevent congealing of
oil at low temperatures
To form low-shear-strength
film providing lubrication
at startup and at high
bearing loads
As above except for running
condition
To improve adhesive qual-
ities of base oil
To reduce interfacial
tension and permit for-
mat ion of water-oil
emulsion
Abbreviations: 1C - Internal Combusiion Engine: ATF » Automatic Transmission Fluid; El* - Exti^we Pressure,
Source; (-1 iind 11).
-------
OSWER 9951.1
TABLE Julfldus. phosphites, anlnus,
phenols, dithlophosphates
Silicones. synthetic polymers.
waxes
Sulfonutes, ph-isphonatea. phe-
nates. alkyl snlistlcuted sail-
cylatus coMhlned with barium,
pwgnesiua. zinc calcium
Alkenyl succinialdes. alkyl-
ucrylli: polym>:rs. ashless
f.ompoiuids
Uith water added to oil-
emulsions
1C engines, turbine-;. and lotary
machinery
Same as rust inhibitors, ex-
cluding ball bearings
1C engines understcady load
1C engines at lfcw lumperatnren
and variable loads
Fund | on
To react with MO
surfaces to form a cor-
roaion-resistant film
To react chemically with
sic-4!I surfaces to form
an impervious film
To mask odors
To inhibit microorganisms
To inhibit oxidation of
oil
To permit air bubbles to
separate from oil
To neutralize acids in
crankcase oils to form
compounds suspended in oil
To disperse contaminants
in the lubricant
Abbreviations: 1C =
Source: (21 and 11),
Internal Combust ion Engine; ATF = Automatic Transmission Fluid; EP » Extrc-me Pressure.
-------
OSWER 9951.1
Friday
November 29, 1985
Part II
Environmental
Protection Agency
40 CFR Parts 260, 261, 264, 285, 268,
270, 271, and 302
Hazardous Wast* Managamant Syatam;
Uaad 00; Final Ruto and Propoaad Rulaa
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40164 Fadaral Refistar
OSWER 9951.1
/ VoL 50. No. 230 / Friday. Novtmber 28. 1985 / Rule* ud Regulations
AODCY
40 Cffi Parta 2C1,
271
[swM-fm.atio.ij
Hazardoua Wasrta Management'
System; Burning of waeta AM! and
Uaad ON Pus* ki Baton and Industrial
Eoviraammui Protection
Agency.
AenoMt Find rate.
r Oa January 11.1988. EPA
propoMd uadcr Subtitle C of the
Resource Conservation ud Recovery
Act (RCRA) to begin regulation of
hazardous wsste ud used oil buratd
for energy recovery in boilers ud
indiutrial furnaces. The propoMl
provided administrative controle for
thoee person* who merket ud bum
hazardous waete ud used oil fuels.
Moet of the requirement* ere being;
finalized as proposed. but some
modification* have been mad* la
retpon*e to comaent
The flnai rale prohibit* the burning la
nonindustrial boiler* of both hazardous
• wests fuel ud of u*ed oil that doee not
Met specification level* for certain
"••erdoua contaminant! iwl flesh point.
It sJao provide* adminiaMtivo control*
to keep track of marketing ud burning
activities. These controls iadnde
notification to EPA of waate-ea»fuel
activities, use of a manifest or, for used
oil u invoice system for shipments. and
recordkeeping. Hazardous waste fuels,
including proceeded or blended
hazardoue wa*te fuels, are also subject
to storage requirements.
OATH: EffKtivt Dattx The effective
dates for the regulations arr
L Prohibition*. The prohibitions OB
marketing and boning of hazardous
waste fuel and off-specification need oil
fuel in nonindustrial boilers ia
H 2a«41(a) (2) and (b). i
(2) ud (b) are effective <
IMS. To implement aad »
prohibitions, the fo
are also effective oa 1
(s) The used oil fuel i
]2tt.40(e), except for the HHeHluallim
level for lead which Is efflsudw May 28.
1980.
(b) The reeurtable preeumptioa of
hazardous halogens ted wastes
with used oil in |288.40(c); aad
(c) The used oil analysis requirements
ud atteadaat record keeping
requirements ia f f 288.43(b) (1) aad (6).
aad 288.44 (d) aad (ek
2. Sloragf Control*. The storage
controls for hazardous waste fuels ia
||28eU4(e) aad 288JS(c) an effective
oa May 291980: aad
1 All Otfitr Proviiion*. The effective
date for all other provisions of theee
regnlstions (e.g» manifests aad. for off-
specification used oil fuel invoice
requirements for shipments; cartiflcation
noticee to suppliers: aad recordkeeping
of manifests or invoices, ud
certification notices) is March n. 1MB.
At that time, the manifest or Invoice
requirements supersede sad apply ia
lieu of the warning label requirements of
RCRA section 3004(r).
CompUoac* Alter Tao compliance
dates for the regulation are:
^Notification. Marketers aad boners
of hazardous waste fuel aad off-
spedflcatiea used oil fuel are required
to notify EPA regarding their waste-as-
fuel activities under || 288J4(b).
288J8(b). 288.43(b)(3). sad 288.44(b).
These persons must so notify either EPA
or States authorized by EPA to operate
the hazardous waste program by
Juuary 29.1988; and
2. SubmuHion of Pott A fftmit
Application*. All existing marketers aad
burners (see provisions ia 40 GFR 27IU
aad 27O70(a)j who store hazardoos
waste fuels aad who an not curnatty
operating pursuant to interim statue
(secdoa WOS(e) of ROIA). most file a
notiflcattoa of their storage activities
with EPA by JtMtutfj se. 1088 sad
submit a Part A permit application to
EPA by May 29.1988,
Ia tnJitiHrm. marketers aad buiaeis '
already operating pursuant to interim
status, bat who operate existing
hazardoos waste fuel stonge facilities
newly subject to regulation by today's
rate, mast file a notification of their
storage activities with EPA by famury
29. i9ffff aad submit aa «Tt~**^ Part A
permit application to EPA (with u
international copy to the aathortced
State) by May 29,1988.
Explanation for these effective dates
aad compllsnce dates is provided ia
Part Fire, section m of this preamble.
AMfsnan: The official record for this
mUiMH»g; is ia Room S-212. U A
Environmental Protection Agency. 401M
SU SW, Washington, DC 20480. Tha
record may be viewed from fcOO SJB. to
*OO pju Monday through Friday,
holidays.
of the final rule cu be obtained by
calling the RCRA Hotline number above.
racn
RCRA Hotline, toll free, at (800) 424-
9348 or (202) 382-MOa For Technical
lafbrmatiea contact Robert Hollowey.
Waste Combustion Program. Waste
Management aad Ecoadmics Ofvisaoa,
Office of Solid Waste. WH-MBA. UJL
Environmental Protection Agency. 401M
SL SW, Washington. DC 20480.
Telephones (202) 382-7917. Single copies
PART ON& BAOCCROUNO
I Usjal Authority
0. Overview of las Final Rule
OL Naersgalatory Altarasdvn
PART TWO MATERIALS THAT ARE
RECUIATED
L Overview
0. Determining When a Waste is Burned for
Energy Recovery
OX. Hazardous Waste Subject to Rafulation
A. Oeflaittoa of Katsrdotu Waste Fud
B. ConeiderattoB of Exampdoa for
IsjattsbieOniy Hazardoo* Waate
C RegeJatioa of Products Oartved from
PttreJaua Reflaery Wastes
L Patroleum Ranaaries that Raintroduce
Hazardous Wastes from Pstrolaum
Ranainf, Production, aad Transportation
to the Raflaiag Process
i OU Reclaimed from Pttroieum Raflnini
Hazardona Wastes that is Rammed :o
the Ranainf Precasa
X Slantory. Coaditioaad Exemption o/
Coke Derived from ladistnoua Patroieum
Ranaary Wastea
D. Exempdon of Coke aad Coal Tar
Produced from Coal Tar Dacaatar Sludge
by the Iron and Steal Industry
B. Slant* of Gas Recovered from Undfllla
P. Kanueei for Bxclusion of Cadence
lYOQBCt 312
IV. Used OU Sooieet to Reguladon
A. Dafltttton of Used OU Fuel
& 0!*ttne*ahiag Between Used OU and
Hazardous Waau
L Uaed OU Containing Halo«*nat«d
Waste*
1 Used OU Generatad by Small Quantity
Generators
3. U«ad OU That Exhibits a
Quractaristtc of Kazardous W«»i»
C The Specilleadoa for Usad OU Burned in
Noamdustrial Boilers
L r"Tif"'"" oa EPA's Risk Assattmaat
1 Speculcatiaa Paramatars
X SpedAeadoa Uvela
0. CoeuMBts oa Auowing Blending to
Meet the Sped/lea don
E. Caaeiderattoa of Total Ban on Burning
Uaed OU in Noouduscrial BoUara
P. Analytical Tasting to Oemonsost*
Compliance with Specification Lavala
(V. Regulation of Combuaoon Residuals
V. Consideration of Special Requirements for
Ot Minimi* Quantitias Burned On-Sita
PART THREE: COMBUSTION DEVICES
THAT ARE RECUIATED
L Overview
ft. Ragulatioa of BoUara
A. Baals for Raguladag Boilers by BoUer
Use
1. r"tHtH"<'T< Exemption of
Nomndustrlal BoUars Burning Hazardo-oa
Waste Fuel
i. Coaaidaratioa of Other Criteria for
Identifying Boiler* Subject to the
Prohibitions
& Defiaittoa of Industrial Boiler
C. Definition of Utility Boiler
D. Noniadustrial toiler
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OSWER 995111
Fades*! Retistaf / Vol 3ft No. 230 / Friday. Nanmbu 39. 1983 / Rule* ud Regulation/ 49161
E. Maria* and Diesel Knctna*
IH Rafulattoa onadastrUl Furnaces
IV. ReguleHoa of l/setf OU Space Heaters
PART FOUR; AOMNSTTIATIVB AND
STORAd STANDARDS
I. Adniiusmave Sleadaras
A. Ovtnrtew
& Notification RaajureoMcus
C Transportation Coatroia
0. Nolle* *nd Certification Requirements
£, Usad OU Analysis Requirements for
. Marketers
f. Recordkeepiiig Raqu
U. Stonae Requirements /or Hasardoae
Waste- Poet
III Example* of How TlMM Rafaiattaaa
Operate
PART FTVK AOMINBTRATrVi;
ECONOMIC AND ENVIRONMENTAL
IMPACTS, AND USTOF SUBJECTS
I Slat* Authority
A. Applicability of Rule* ia Authortaad
Stataa
& Effect oa Slat* Auiaoraattoaa
U. Regulatory hapaeta
A. Reeuita of Raguiatory Impacts Stadia*
1. Economic Impact! on the Regulated
Community
I Rafniatory Flexibility Act
1 Paperwork Radoctioa Act
a Impacta oa the Uaad OU Recydiag
Induatry
[ft Explanation of
(V. Last of Subjects
Today'* preamble ia organized lota
five major faction*. Part I «"»«•<»••
background information chat
summarizes major proviaioaa of. the rale.
II alao describe* how tha rule flt» iata
tba Agency's atratagy for rtgniadof
other types of used oil recycling aad
disposal ud for regulating tha actual
burning of haxardoua waste and off-
specification used oil in industrial
boilers and industrial furnace*. In
addition, this section discusses
nonregulatorjr approaches to tha
problems considered by EPA.
Part U describes when a waata ia
burned for energy recovery and
identifies those hazardous wastes and
used oils subject to this regulation. It
also discusses tha basis for exempting a
number of waste-derived fuels and for
not exempting ofheti. Ia addition, it
describes tha tear far distinguishing
between used oaftaad hazardous wast*
fuels. Further. ttMpctton defends the
risk assessnauMEi to identify used oil
constituents Indiohd la the
specification. atH *rUfifH tha basis for
the final specification. Finally, this
section responds to a number of
comments regarding allowing tha
blending of used oil fuel to meet the
specification, availability of analytical
procedures for used oil and tha
regulatory status of combustion
residuals.
Part UI identifies those boilers and.
industrial furnaces subject to this
regulation and flxpiains the basis for
regulating nonindustrial boilers
immediately. It also discusses how
nonindustrial boilers can continue to
bum haxardoua waste under permit
standards for hazardous waste
incinerators. Finally, thia section
discusses controls for used oil space
heaters and EPA's latent to provide
additional controls for these devices ia
future rolemaldnga.
Part IV discusses the administrative
controls oa marketers aad burners that
provide a tracking system for shipments
aad otherwise provide for
implementation *p4 mhtvtuml of the
prohibitioaa. Tma section alao discusses
the basis for applying the storage
standards to all hazardous waste mala
and general permit procedure*. Finally.
this section provides examples of how
the rale opera tea.
Part V discusses how the roles
operate immediately, even ia states
authorized to operate the hazardous
waste program. Thia section also '
discusses the economic impacts oa the
regulated community, aad particularly!
the used oil recycling Industry.
PACT ON& BACKGROUND
L Legal Authority
These regulations are promulgated
today under tha authority of sections
1008. 2002(a), 3001. ***?, yyff,
3007. 3010. and 3014 of the Solid Weate
Dispoaai Act aa amended by tha
Resource Conservation and Recovery
Act of 1978, the Quiet Communities Act
of 1978, tha Solid Waste Dispoaai Act
Amendments of 1990, the Used OU
Recycling Act of 1980. aad tha
Hazardous aad Solid Waste
Amendments of 1904, 42 UAC, 3800.
8912(a). 882L 0832. 8023. 0024. 6809. 8827.
0. Overview of the Final Bate
With today* mlemairing, EPA begins
to regulate those hazardous wastes and
used oil that are marketed and burned
for energy recovery. The chief purpose
of these rules ia to prohibit the burning
of hazardous waste and contaminated
used oil in nonindusoial boilers. The
prohibitions are implemented and
enforced by placing administrative
controls oa marketers and burners
of these fuels.
Today's rule alao establishes a
rebuttable presumption that used oil
that contains more than 1000 ppm total
halogens ia mixed with halogenatad
hazardous wute and. therefore, ia a
hazardous waste. The presumption may
be rebutted by showing the used oil has
not been mixed with hazardous wastes
(e.g.. by showing it does not contain
significant levels of halogens ted
hazardous constituents). Used oil
presumed to be mixed with hazardous
waste is subject to regulation aa
hazardous waste fuel when burned for
energy recovery.
In sddirtnq the rule establishes a
specification for used oil fuel (La, used
oil not mixed with hazadoua waste) that
is essentially exempt from all regulation
and may be burned in nonindustrial
boilers. The specification sets allowable
levels for designated toxic constituents.
flash point and total halogens.
Burning of hazardous waste fuel ""f
off-specification used oil fuel in
IndusMal aad utility boilers and
industrial furnaces continues to be
exempt from regulation. The Agency
intends to regulate such burning under
permit standards to be proposed ia 19881
ss discussed below.
Administrative requirements such aa
notification, receipt of identification
number, and compliance with manifest
or invoice (for off-specification used oil
fyel) systems are being promulgated
today to enforce the prohibitions; oa
burning of hazardous waste foal and
ofijpeoflcation used oil in nonindustrial
boilers.
Today's rule also applies RCRA
hazardous waste storage standards to
facilities storing hazardous waste fuels.
Such waste-derived fuels have
heretofore been exempt (on an interim
basis) from storage standards when
produced by a parson other than tha
generator. See i i 2fl6JO(a) and
28&34(c). SO FR at 887 (January 4.1988).
Several modifications have been
made to tha proposed rule in response to
comments. These include: the rabuttabla
presumption of ******ng hazardous
halogenatad solvents with used oil ia
baaed oa a total halogen level of 1000
ppm rather than a total chlorine level of
4000 ppm: a specification for total
halogaaa ia added to the used oil fuel
specification at a level of 4000 ppm: and
the effective date of the lead
specification level (set at 100 ppm) is
deferred for six months, while the other
specification parameters are effective
ten days a/tar promulgation.
The Agency is also developing two
other rulemakings that will regulate the
blending and burning of used oil and
hazardous waste for energy recovery.
EPA will soon be proposing a rule that
would list used oil as hazardous waste
and establish special management
standards for recycled oil including oil
burned for energy recovery. Those rules
would go beyond today's final rule by
providing standards for used oil
generators aad collectors, and by
regulating the transportation aad
storage of used oil. Today s final ruie
-------
48168
OSWER 9951.1
Federal Register / Vol 50. No. 230 / Friday. Novtmbtr 29. 1965 / Rule* and Regulation*
o&ly
marketers and burners of used oil
burned for energy recovery. aad don
not refute the truupomttoa end .
jtorage of used oil; .7
la 1986. we art scheduled to propoea
permit standards for the actoal burning
of hazardous waata and used oil la
boilm and industrial furnaces. Under
those permit standards. hazardoua
waate could be burnad in any boilar or
industrial furnace. irrespective of
purpoM (La, hazardoua waata could be
burnad for energy rteovary. malarial
recovery, or destruction).1 Buminf of
conuninatad (La, off-specification)
u«ad oil would be permitted under
special permit-by-rule standards.
m. Nooregulatory Alternative*
EPA carefully examined e number of
nonregnlatory itratefiea for managing
used oil but failed to identify any that
would be M protective aa theee
regulations. See 90 FR at 1687 (January
11. 1988). The meet promisinf approach
considered wea a tax rebate system.
Under thia system, a tax oa virgin lube)
oil would be rebated to "acceptable"
users of used oil (e.g. rerefiners,
uaceepuble" burners). We explained in
the proposal however, why a tax rebate
system would be ineffective in
protecting human health aad the
environment aad impractical to
implement
la response to EPA's discussion oa
nonngulatory alternative*, one
commenter suggested e program
whereby "do-it-yourself oil changers
would voluntarily bring their used oil to
gas stations to be sold to rerefinen.
While the Agency ia strongly ia favor of
of rerefining. EPA's objective ia
promulgating today's regulations ia to
begin to regulate used oil
to ensure thai it ia managed ia aa
environmentally acceptable manner. Sea)
RCRA section 3014. Thia provision doee
not authorize EPA to determiae
preferential recycling approaches) aad to
direct used oil to thoee i
provided alternative I
are conducted in a i
human health and the »
1 Huardou W*SM mty be
und*r RCBA hMBrriow i
rovad ui« cm Put* a« «M zaa.
• Wt bcitev* 1*11 todaf* raa^MtaM mil ia bet
mull» • MbtuntUi IncwiM ia oMd oil rMiflntoa.
l/Md oU UMI don net mutt UM fpooflcidaa tad
(hM it c»io«Uir tamod far Moray r»on«r> la
noniadMrioJ botlori onot «dMr be bloadoe Is OHM
the opoeflcottoa or dlvano* M iadwMoi or wutiy
boilm or tadiMMiMl hMaess. W« C^M IBM •
Mboamtar MMMU of thte aM wal Bad It* woy to
raraflaon. Wo note olo* thel EPA Mttctpatoo
prepoBa« la Some 1SBS roonl preoMOMM
PACT TWCh MATERIALS THAT All
REGULATED
Today's rules apply to hazardous
waata and used oil burned for energy
recovery. When so recycled, these
wastes, aad matariala that an produced
from or otherwise contain theee wastee
,
other treatment are termed hazardous
waste fuel or used oil fuel These tarma
are defined la thia secttoa. We also
disease how to determine when a waste
ia burned for energy recovery aad the
applicability of theee rales to burning for
matariala iecu»ery. Ia addition, we
diacaaa whea combustion reeidnala from
boilers aad iadaatrlal furnacee burniag
hazardoua waste aad used oil an
subject to regulation aa hazardoua
waste. Finally, we diacaaa. ia response
to commeata. our plane to give special
consideration to regulating the oa-eit*
burning of dt minimis quantities of
hazardoua waata fuel and off*
specification used oil ia the
development of permit standards for
boilers *"d induatrial furnacee
scheduled to be propoeed ia early 1988.
In defining "hazardoua waste fuel".
we diacaaa the basis for exempting
certain hazardoua waata fuela from
theee regulations petroleum refinery
fuel products derived from hazardoua
waata produced by refining aad
aadllary operatioaa. aad coke aad coal
tar derived from hazardoua waste
produced by coal coking operations la
the iron aad steel Industry and why we
are rejecting arguments by some
commeaters to exempt or exclude other
hazardoua waste fuels.
In defining "used oil fuel", we define
used oil aad explaia tke tH^mfrft^^
between need oil and "oily waste." IB
addition, we diacuaa the specification
for used oil that may be burned ia
noniniinatrial boilers. *"*1 **pi*i«« way
we added total halogens to the piopoeed
specification at a level of 4400 ppm aad
why PCBe were deleted from the
piopueed specification. We also respond
to comments regarding why other
parameters were not added to the
specification and why certaia
specification levels were selected We
also diseuaa how to distinguish between
hazardoua waata fuel aad used oil when
the used oil may have been mixed with
hazardoua halogeaated solvents, when
used oil may be mixed with small
quantity generator hazardoua waata.
aad when used oil exhibit* a
characteristic of hazardous waste.
Finally, we respond to commeata on
I adoeycbd lubrfcMtaa Mi*
allowing blending of used oil to meet the
specification, banning all burning of
used oil la noaiadustrial boilers, and the
availability of analytical testing
procedures to determine coaformaace
with the specification..
DL OetefBomag Whea a Wi
for Energy
is Burned
Today's regulations apply to
hazardoua waste and used oil burned
for "energy recovery." Thia limitation
raises two questions: how to distinguish
burning for energy recovery from
burning for destruction, and determining *
how to regulate if burning ia conducted
to recover matariala.
la die faaaary 11. 1988 proposal (see
90 PR at 1880). we explained that the
Agency had already addressed what is
meant by burning for legitimate energy
recovery. We explained that burning of
low energy hazardous waste aa alleged
fuel ia not considered to be burning for
legitimate energy recovery, sven if the
low energy hazardoua waste is blended
with high energy materials and then
burned. Thus, boilers and industrial
furnaces burning low energy wastes (i.«~
having lace than 1000-&000 Btu/lb
heating value, as generated) ' could be
considered to be incinerating them, and
so bo subject to regulation as hazardous
waste incinerators.
Although today's rale prohibits the
buraiBg of hazardous waate fuel and off-
specification used oil fuel ia
noatadnatrial boilers, the principles of
the statement remain in force. We have
indicated, however, that if we were to
apply the Enforcement Policy Statement
to industrial (and utility) boilers and
industrial furnaces, we would seek to
enforce ia situations where low energy
hazardoua waata adulteration was
ilallbefila aad massive. This is because
we have said mat larger industrial
boilers an men efficient at recovering
energy and so could be deemed, more
often, to be burning lower energy wane*
legitimately. (See 48 FR at 11199 (March
18. 1983).)
A second question is the scope of
theee regulations whan burning involve*
material recovery. Normally, the
purpose for which a material is burned
fference ia eavironmentaJ
effect Hence. EPA envisions an ultima <•
regnlatorjrscheme where regulation of
burning applies {as may be necessary -o
protect humaa health and the
environment) regardless of purpose in
all situations within the Agency's
jurisdiction, We now address this
1SS3I).
I of IntaraoMat Poticr IMW*
1S0 (prttud ti « rH HIP (\um> *
-------
OSWER 9951 .1
Padarai Resists* I VoLSONa 230 / Friday. Novrolxr 28. 1968 / Rults and Regulations
question aa it appilea to bomiag in
boilers, bunnagjfer • dud purpose in
industrial fanacea, tad. burning in
industrial fumacaa solely for material
recovery.
Wt explained in tfa* January 11.1985
preamble that since boilers, by
definition, havt •• thair primary purpoM
the recovery of energy, if materials trw
also recovered, this recovery is ancillary
to the purpoM of the unit, and so doaa
not alter the regulatory statua of the
activity. (Sea also definition of "boiler"
in SO FR at an (January 4.1988).) We
also explained that the regulations apply
when an industrial furnace bums the
same material for both energy and
material recovery (e.g» whan blast
furnaces bum organic waatea to recover
both energy and carbon values).
Today's regulations, however, do not
apply to hazardous wastes burned in
industrial furnaces solely for material
recovery. In large part this la because
the primary focus of today's regulations
is on waste burning in nonindusQriai
settings (apartment buildings, hospitals.
6tc). In addition, aa discussed in the
January 4,1989 preamble to the
definition of solid waste and the
preamble to the proposed rule in this
proceeding, there are certain situations
where control of burning for material
recovery in industrial furnaces could
lead to aa impermissible Intrusion into
the production process and so be
beyond EPA's authority under RCRA.
See 50 FR 830.1090. These situations are
limited, and involve circumstances
where the secondary malarial being
burned is indigenous to tha process in
which tha industrial fumaca la used for
example; because tha secondary
material contains tha same type* and
concentrations of constituaota
(particularly hazardous constituents
listed in Appendix Vm of Part 281) aa
the raw materiala normally booed in
the industrial fanaca. Id* la EPA's
forthcoming Nsjejadona establishing
permit standacsjajar burning in boilers
and indusaisHPMaa. EPA will
establish pensftetaadarda for industrial
furnaces bumtag for material recovery
(as well aa for energy recovery or
destruction) in all situations not beyond
EPA's regulatory authority.
* *—iirr'T ~rilri frt i railrini (mutim
rawMtUae. oa* of ibowB U*o4 p«ooa*» wd
bo • *oM WMM «i ik* tea of bwatae ta the
ni Hazardous Waat» Subject ta
Raguladoa
A. Definition of Haxaidout WatttFuil
1. Hazardous Wtut» FutL With
certain exceptions- discussed below,
these rales apply to hazardous wastes
(and fuels that are produced from or
otherwise contain hazardous waste aa a
result of processing, blending, or other
treatment), that are burned for energy
recovery in a boiler or industrial furnace-
that is not operating under RCRA
standards for hazardous waste
incinerators.1 Such fuel la termed
"hazardous waste fueiV
Certain c^ffln^ff^TT questioned
whether these roles (and by extension
RCRA section 3004(qJ) would apply
when energy recovery from burning
hazardous wastes is manly '"^fBtii
or when energy recovery i* not tha
principal purpose of burning, Today's
rules apply where energy recovery ia
significant or purposeful. Tha Agency
stated aa long ago aa 1983 in a
Statement of Enforcement Policy (48 FR
11159 (March 18,1983)) that ordinarily
burning low energy (lass than 1000 Bra
Ib.) hazardous waste ia not considered
to involve energy recovery, ia spite of
incidental energy release. See also 50 FR
at 930 (January 4.1985), and 50 FR 1990
•\i»\
ob**
. (to
Ml IBM
wMtt tad" U M laapprowuia tons « BM n
dmoib* ihoiM fooio met it OMUO • ineali thai
will dtieoanea <&e KM ol *»ary «. isssi) tomod
haaartow WOMM laai •«• iwydad M ivercUbto
ottioiulo-. Wo ooaoaao to boiiovo. aawoioj. ihai
howdoao w«*«a burnod far taofiy IOUBIOU itouU
bo toraod -ftasardow wooto hai" for • aaaiaor at
fVOantta. T%B I
J09»fr»flttel
lavoMi or biU tt «•!• te
• >UMaMM that (to AM!
Altbooei laai pravttae to
Byte
Md today, wo
beUovoiaaK
for MCB Mo aufca it door taat te taala am or
cB«t«la. hiiifstnii woooa. la i
fi
i w "NcrcUbto aMi
»oltd waon for pxpnoi at naraes prtar ta banoaa.
Now Aotfcor (hoi ihodorfrod-Atooi raio
11 ai -3
where hazardous westes are buneo jj
boilers or industrial furnaces and
provide substantial, useful heat cnoror.
Such burning la considered to mvoivo a
hazardous wasta fuel within the
meaning of RCRA section xx* q>
i Eliminating Ctrtain Ejuttw?
RtguJatorf Exunptiota for.
Waste Futi*. These rales expand
i JOMft)
-------
4916* Ftdml
OSWER 9951.1
I V6i SqNo. 230 / Friday. November 29, IMS / Rule* md Refutations
universe of hi
RCRAregulai
rite
energy recovery
exemptions. Although da* Agency haa
jurisdiction to regulate 0*0*0* ICRA til
spent materials, sludges. I
and I 2ffL33 commercial <
product*, til tul» to which
materials an added, tad all fuels
derived from or otherwise containing
these materials whn they an
transported itond> tod burned for
energy recovery (MO 90 FR 830 (January
4/1988). uid 90 FR 33841 (Ao|Wt 2a
1968)). EPA currently regulates the
•tango tod transportation of hazardoue
w««u bamod for energy itumiy only
on • limited basis. Tim* the following
hazardous wasta fuels an provisionally
exempt (l) Spent materials and by*
mxiucts exhibiting a characteristic of
lazardous waste; and (2) hazardous
wasta fut is producad from hazardous
waste by binding or othtr treatment by
a parson who naithar generated the
wasto nor burns the fuel. (Soo II 2S8JO
and 28«Ja In 90 FR 867 (Jamury 4
1988).) Under the first exemption. only
listad wastaa and iludgta (boa Ustad
and duractarisdc) an currently
regulated.* Thus.
characteristic-only wutas an curraatty
axampt Undar tha socond exemption,
wasta deilvod fuels prodBoad by off*
site. thireVparty marketers an camady
txampt Today's ralaa remove both of
these exemptions so that the
transportation, storage. and othar
controls apply to all hazardous wasto
fuels.
We havt also explained why neither
exemption is environmentally
justifiable. Sot 90 FR 1708 (January. 11.
1988). Than is no ganani
batwoan potential advene effects of
burning listad or characteristic
bazardous wastaa. Not la that* any
ganaral dlstinctloB between hazardous
wasta fuels marketed directly by
generators or by markatan unrelated to
those generators. Thaaa i
fact have always boon |
exist because of tha t
uncertainty (in 1980) i
appropriate regulatory i
recycled wastaa. Id, '
Agency promulgated a i ___
for many recycling acthrttfsja <
4. 1988, wo decided to i
exemptions in today's rulemaklttg
dealing solely with buning for energy
ncorery rather than la tha January 4,
^^•.•ifing to avoid confusion or
disruption that would result from
extensive, piecemeal changes of tha
currant (La, May 19.1980) ralaa. See 90
FR 832 (Junary «•
& Caiuidvetian ofSxMmpa'oa for
Ifnibsblt-Oalr Hatardotu Waste
In the proposed rale, we solicited
comments on whether wastes that an
hazardous only because of then*
Ignitabillty should be exempted from the
fM»Ifc4*p»irtjaaei JMBJ heMBja4fOieB lev flt4Ma4vt«4t««ie*leiI
boilen. (See SO FR 17W Qsnuary u.
1988.) We also asked If these "Ignitable-
only" wastes should be exempt from all
transportation), or joat the prohibition
on burning in nonindustrial boilers.
Wo reasoned that burning such
wastaa would not pose any greater
danger of Una or explosions than
"?ninif*3fll fuel oils i
point was lintitad to 100* F.
However, we also noted that fgnltable-
only waatee may actually contain
because the Agency has not completed
ita listing of wastes that an hazardous
because of their toxidty. Therefore, we
Indicated that ae a part of any
exemption scheme those toxic
compounds of concern must be
Identified, acceptable concentrations
must be deiei mliisil. analysis
procedures must be prescribed! and
lecuidkeeping piocotinree must be
required
For a number of reasons, today's rule
does not provide an exemption for
Ignitshle only hazardous waste.
need to ensun that the waste dose not
cuutaia significant levels of toxic
ere not helpful ia
! a rational approach far
> levels for the constituents or
ition scheme that would
avoid the expense of analyzing
shipments for virtually every compound
on Appendix Vm of Part 281. Several
commeaten suggested that the presence
of Appendix vn compounds that occur
naturally ia virgin fuel (04. toluene.
xjrlene. benzene, metals) should be
considered la setting acceptable levels
for aa exemption. For "non-fuel'*
compounds, several commanters
suggested a maximum level of 100 ppm
while one commenter suggested 1 ppm,
and another suggested {bat acceptable
levels be based on assessment of risk.
As we indicated ia the proposal. 100
ppm may bean appropriate level for
some constituents while a lower level
perhapa 1 ppm, would be appropriate for
the more toxic constituents.
Commeaters provided no Insight on how
acceptable levela would be assigned to
the various eompounia of concern.
Moreover, even if it wen assumed that
acceptable levels for all Appendix VTH
compounds could be determined.
commanters did not focus on the
analytical burden they would face to
eadun that shipments met the
We have concluded that a conditional
a»«mptjqq would be very *ttfffnit to
develop and very expensive to the
regulated community to impi""*"*
Moreover, it is not clear that a
mbetantial amooat of hazardous wasta
would even be eligible for an exemption
conditioned on die presence of only very
tow levela of the Appendix vm
constituents not normally present in
virgin fuel oil
We note, however, that we an
considering whether special permit
standards would be appropriate for
ignitable-only wastes under the Phase U
permit standards for boilers and
industrial furnaces to be proposed in
1988. Such special itandards could be
fashioned after the current standards for
burning igaitable-only waste In
Incinerators. See I* 25U40(b) and (c).
Under the Incinerator standards, nte-.
tpedfio factors such aa quantity of
waste and lueattae, of the facility may
be used to determine if measurable, but
low. levela of Appendix vm compounds
may pose a hazard to public health or
the environment Wastes found to be
ignitable-only with ••"g"'HM"« levels
of Appendix VTU compounds are exempt
from the performance and operating
f>^ii«jm»4j fpf incinerators. Although
waste analysis is required, the analytic
burden ia minimized by considering only
tj0 Appendix VU ^"ynp""**^* that could
reasonably be expected to be found in
the waste. Thus, consideration of an
exemption on a case-by-case basis as
part of a permit proceeding provides a
rational approach to consider the
significance of low levels of Appendix
vm compounds and allows for cost-
effective (Le, limited) waste analyses.
C Regulation ofFuslM Duivfdfrem
Pttnltum Ae/Znerr Waste
1. Pttrolfva Rtftateim that
fluatroduct Haordout Wastes from
PttnJna Rtfittiaf. Production, ana*
Trantportaa'aa to tht tofining Proces*.
EPA solicited comment on the status of
fuels from petroleum refineries that
reiatroducod oil-bearing hazardous
wastee from petroleum refining*
production and transportation to the
refining process. See 90 FR 1889-1880.
Although we proposed to define these
materials as hazardous waste fuel we
-------
OSWER 9951.1
Federal Register / VoL SO. No. 230 / Friday. November 29. 1988 / RuJes and Regulation* 49188
solicited cumment on the txtent to
which the hazardous waste
contaminants are removed by tht
refining proem, or are so diluted by tht
process that dup do act significantly
increase the level of contaminants
present in fuel Id. If-thia la the case.
EPA believes it has the ultimate
authority to exclude the "derived fuels
from being solid wastes, sine* the more
waste-derived fuels from a process are
like products from the same process
produced by virgin materials, the lese
likely EPA is to classify the waste-
derived fuel aa a waste. (It is dear.
however, that EPA possesses
jurisdiction under RCRA to nuke these
determinations. See RCRA section
3004(r).) The American Petroleum
Institute (API) submitted relevant data
on these points which EPA noticed for
public comment on June 28.1985.90 FR
28389.
These data, though limited, seem to
indicate that at large, sophisticated
refineries, these recycling practices do
not significantly contribute to metals
levels in the refined fuels. However.
EPA cannot as yet determine whether
this is due to the refining process itself.
or whether the amounts of waste
reintroduced into the process are so low
as to be diluted In particular. APTs data
indicated that lesa than on* percent of
hazardous waste (/.*. chiefly oil
reclaimed from hazardous wastes) is
reintroduced into the refining stream at
a crude petroleum refinery. Based on
these data, they show that the increase
in metals content in the final product is
minimal. For example, cadmium levels
increased from ail ppm to 0.12 ppm
while lead levels increased from OA9
ppm to an ppm, (See Table X p. 18 of
APrs submission on comments on
reopening of comment period dated June)
12.1985.) Thus, when only a small
percentage of waste is reintroduced
back into the refining process, it doee
not appear to appreciably effect metals
levels in the) final refined products.
However, the) Asjsncy is concerned that
if comaminajMan simply being diluted
then if then «•*• df i"M"* increase
in the emouaf eYBtnrdous waate feed
resulting fuaci eodd be significantly
contaminated since the wastes being
reintroduced contain concentrations of
toxic metals far greater than those in
most crude oils. In fact the Agency has
some preliminary data from its
petroleum refining industry study which
indicates that for at leaat some metals—
arsenic and cadmium—the distillation
process doee not necessarily remove the
metala from the fuels.
The Agency is considering an
approach which would indicate that if
the amount of hazardous waste that was
reintroduced back into the petroleum
refinery was minimal (/.*- lese than one
percent), the fuel produced at the
refinery would be excluded (£*. would
not be a solid waste). In the short term
there are certain implementation
difficulties with this idee, particularly
the difficulties of determining
compliance for each batch since refining
is a continuous procesa. The Agency is
continuing to evaluate this possibility,
however.
Rather. EPA believes that more time is
needed to study these questions. In
particular. EPA intends to examine
further the question of whether removal
actually ocean aa a result of refining.
This would have bearing not only on the
question of whether regulation is
justified but also on the question of
whether resulting fuels should be
classified aa products or aa wastes. EPA
particularly withes to •»•*"<"• the
extent to which these wastes can
influence the composition of fuels from
smaller, lesa sophisticated refineries
which may remove fewer metala from
the wastes, and also may use e higher
percentage of waatee aa feed-stocks.
At present however, since there is no
persuasive evidence that reintroduction
of these indigenous hazardous waatee
into the refining process actually
contributes significant concentrations of
metala to the resulting fuels. EPA la
leaving in place the existing exemption
for such fuels contained in
t 281.8(a)(3)(v).»See 90 FR 33542
(August ax 1989). Another factor
influencing continuation of the
exemption is that fuels produced only
from virgin crude oil can have higher*
levels of toxic metala than fuels partially
produced from these hazardous
wastes. '• See 90 PR 1688 (January 11.
1985).
Thua. fuels produced from refining of
indigenous* oil-oeerinsj hazardous
waatee at a petroleum refining facility
will continue to be exempt By
"petroleum refining facility" EPA means
to include any facility that produces
hydrocarbon products («.g. gasoline.
kerosene, distillate fuel oils, residual
fuel oil etc.) from crude oil or its
•A* «*f'"»r< ia detail ia the praaabla te UM
propuiiii ruia. ihia provtMoa dew oat aumf* tha
haiaidooa WHIM bate* thay an retaoodocad into
UM raflma« pronai (30 FH M 16SS1
"EPAtiMcee*danthaaawa*ta-iiarhradfuaiata
rvmatf pagoiaaai. mthar thaa hacudoa*
nibataoeaa. tar puipoM of tha <
Eortreaajaaul I
Liability Act (CnCLAk SOT GEHOAI
101(141 (actetfna pano«iw» from dafialttaB al
hataidowj •"'"f—-f (• Us* el KM •ttMCNad
aatui* of ibaoa ncydlatj pncflcM. to da otharwtte
wovid potaaaally road tha cidnatoa te patrota«ai
MI al CEXCLA, IB tddttfaM. than Is to ndteaaa*
dm Caagrvia maa« far thaaa waiia ton ail roala
to ba conaidarad haiardooa i
immediate fractionation products
through straight distillation of crude oil
or other intermediate products («.£.. gas
oils, naphtha, ate.) (This is the definition
of the Petroleum Refining Standard
Industrial Classification (SIC 2911).}. Far
these) hazardous wastes to be
considered to be refined they must be
inserted into a part of the procesa
designed to remove contaminants in the
normal operation of the refining process.
See 90 FR 28729 July 19.1989). As we
explained there, this would mean
Insertion of the wastes prior to
distillation or catalytic cracking, (The
distillation procesa is used to split the
feedstock Into fractions based on the
various boiling points of the feedstock
components. The data submitted by API
indicates that most of the metals
concentrate in the heavier (high boiling
point) fractions. Many times these
fractions are not used for fuels but
rather to produce asphalt or petroleum
coke. Therefore, there is a significant
probability of contaminant removal from
many fuel fractions if there is distillation
in the process.) In addition, without
distillation or insertion of the wastes
into another part of the procesa
designed to remove contaminants, there
will be no removal of contaminants at
alL and Congress regarded some
removal aa one of the prerequisites for
exemption. See RCRA sections 3004
(r)(2)(B) and (r)(3)(A), and 50 FR at 23729
duly 19.1989). Consequently, if a facility
takes an oil-bearing hazardous waste
and processes it without distillation to
produce a fuel the resulting fuel is not
covered by this exemption and so could
be subject to regulation. Similarly, if a
refinery inserts the waste into a part of
the procesa after distillation or catalytic
cracking (aa explained above), resulting
fuels are not automatically exempt"
Under EPA's propose! such fuels (La-
fuels derived from petroleum refining
wastes which fuels are produced by
processes not using distillation, or the
fuels resulting when petroleum refining
waste are inserted into the refining
process after points at which any
contaminant removal can occur) were
classified as hazardous waste fuel
(assuming they were derived from listed
refinery wastes, or exhibit a hazardous
cnooi 3004 do a* prodaoa hwU fnm end* oil
a ptscwa thaa an am
aapl tnm nfuUaen. bat would ba
If they MM tha vacttattoai for oaad oil tei II tttia
type of pncaaaor aheald al*o OM oObaartnt
pawtauaj raftaMe ha*artoua WMW »t (aad
malarial tha rtauJUnj fuaia would ba *»mpi if thty
maat tha uaad oil hal ipaaAcauoa. unca tha
opmdoa ia ceaaanDla to utoaa datcnbad la tha
foUowtns paragraph in tha taxt
-------
OSWER 9951.1
49179 Federal Refister / VoL 50, No. 230 / Friday. Novanbtr 28. 1988 •/ Rule* and Regulation*
waste characteristic) subject la-all the
regulatory requirement* fa(Mok fuel*.
EPAha*b3cUfl*d this poaiMiBbi the.
Rail rale «»that such faces) at* aot
subject to regulation if the* t*Mt the
SUM specification applied to foele
produced bom processing used oil a
very similar operation. (la bet the
Agency ia aware of operation* that
blend petroleum refining hazardoua
waate* and used oil) We have added aa
exemption to |281.0(a)(3) to make tail
point Thia will ensure that the resulting
fails will pose no greater environmental
hazard than the virgin fuel* that would
be burned in their place.'•»» EPA thu*
believe* thi* ia the proper mean* of
controlling thi* potential problem. If the
waste-derived fuel should exceed the
fuel specification, it would be subject to
all of the rule* applicable to hazardona
waste fuel*. (A* a hazardous waste fad
which is not completely derived from
used oil the fuel is not eligible to be
regulated under the special standard*
reserved for used oil See RCRA section
3014. Thia position ia consistent with the
one takes ia the proposed rale.)
2. Oil Rteortnd from Pttnlnm
fafining Haserdot* Watt* that it :
Rtturntd to tfi» tiffining Aoces*. A
related question ia the statue of oil that
ia recovered from hazardoua waste*
generated during normal petroleum
refining! production, or transportation
practice*. The lecoveied oil ia usually
returned to the refining procesa aa a
substitute for crude oil but can alao be
burned directly aa a fuel. Under
amended I 281 J(c)(2) (see 50 FR 664
(January 4.1988) and 90 FR (August 20.
1385)), such oil remain* in the hazardona
waste system (if it i» to be used to
produce fuel or ia burned for energy
recovery). EPA solicited additional
comment on thuiaeoe on May U.19M
(SO TO 19888).
EPA ia not yet able to amend the ralee
to state under what drcumataaca*
reclaimed oil might not be conatdered to
be a waste. Thia ia larger*
available data (which are limited) show
that the oil can ff"«*^'n higher ««««lt
level* than virgia fuel oil14 EPA thus
need* to study further the particular
mean* of oil recovery from i
waste*, and the compoaitioa of the
resulting "'It ia f**^*1/Tii to compositi
of virgin fuels.1*
EPA ia prepared, however, to continue
exemption (la
I 2ol.6(a)(3)(vi)) for theea recovered oil*.
aad for fuel* from petroleum refining
which are partially produced from these
recovered oil*. The data submitted by
API appear to shew that the recovered
oil does mrt •
of metala to the refined fuels. (The)
Agency i* continuing to investigate
whether thiai* due to dilution or
removal incident to refining.) Nor doee
the Agency believe it appropriate at thi*
time to regulate the recovered oil prior
to reintroduction to the refining proces*
ia light of the incomplete
characterization of the oil'* composition.
the likelihood of similar fr«««bearing waata*. We
have explained above why it ia
appropriate to apply the fuel
specification to theee waate-derived
fuel*, rather than (aa at proposal) to
regulate them ae hazardous waate fuels
regardless of compoeitioa. We also an
including aa exemption in I 281.a(e)(3|
for recovered oil burned directly that
meets the used oil fuel specification.
4. Statatefjr. Conditiontd Extaption
of Cok» OenVeo' fna Indigtmnu
Pttnltum fafiMtf Watts. The
petroleum refining induatry ai*o
produces coke from refinery procesa
wastes. If the coke is produced from or
«""*•*»• listed hazardous waata. the
coke produced from such wastes i* a
hazardous weals. The Hazardoua and
Solid Waste Amendment* (HSWA) of
1984. however, exempted from
regulation aa hazardoua wast* fuel such-
derived coke provided: (1) The
Hazardoua waate uaed to produce the
coke ia indigenou* to petroleum refining:
(2) the cake is produced at the same
facility that generated the hazardous
waate; aad (3) the cake does not exhibit
a characteristic of hazardous waste.
(See section 3004(oJ(2)(A). Thia statutory
i ia codified at | 266>31(b)(2) "
and is redeeignatad ia today's rule as
|286,l(a)(3)(lx>.
A ExMBtptioo of l"f^rt ood Cool Tot
Produced From Coal Tat Decanter
Sludgf by th» Iron and St**l Industry
EPA indicated ia the proposed rule
that it would consider granting an
exemption to coke produced from coal
tar decanter sludge [EPA Hazardous
Wast* KDB7] if commenters provided
data that demmutrat* that hazardoua
coatammaat levels ia the coke are not
appreciably increased by recycling the
tar sludge. (See SO FR 1880.) Today's rule
exempts such waste-derived coke (a
hazardoua waate fuel even though not
burned exclusively or necessarily
primarily for energy recovery (see
section OLA.1 above)) from regulation
aa hazardous waate and also excludes
coal tar produced from coal tar decanter
Tar decaatar sludge is generated
during the recovery of a coal tar by-
\ during the production
oit; for
b«
• fMBMie" OU (HMJPI *«• flflUdM.1
» nnlMMe. if tkis aMMM
<*«• I!M haardou*.
prowiB* pnMUGra winug) utm |HWUUI.UVU
of coke from coal The sludge is listed a*
hazardous waate because of high level*
(about M) of phenol and naphthalene.
The sludge ia frequently recycled by
mixing it with coal before it ia charged
to a coke oven to produce coke. The
coke product is typically used aa a fuel
in steel blast furnace*. Ia addition, the
sludge ia sometimes mixed back into the
coal tar by-product which ia also
<' SM st nt am O^y is. iesn
-------
OSWER 9951 .1
Federal Kajp*t» / VoL SO. No. 230 / Friday. November a. 1968 / Rul«« and Regulation*
frequaatlyueed u «md. Both of thtM
waste-derived md* an exempted from
today'* raiM far to* rwMona diacuaaed
below.
Tht American boa and Steel Institute
(AISH and Koppen Company, toe.
provided commeata «pi*injpg ttj^
coking operation and how tar decanter
sludge ia recycled. In particular, whea
the sludge ia mixed with coal before it la
charged to the coke oven, the hazardoua
conatitutenta in the sludge (phenol *nf*
naphthalene) are driven off during the
coking proceta along with other volatile
compound* formed by the thermal
cracking of organic compound* in the
coal Theae volatile compounda an
condanaed to recover a coal tar by-
product The tar decanter sludge ia
produced during recovery of the coal tar
and conaiata of coal tar and "Inert
carbonaceoua malarial carried over from
the coking operation". (See AISZ
comments, page X) AISI and Koppers
provided analyses of the waste-derived
coke product iM*ti^f ^MB that phenol ^nd
naphthalene were not detected in the
coke at detectable levels ranging from
lese than 1 ppm to aa high aa 20 ppm.
We conclude that phenol *fi*1
naphthalene are not present in such
coke at levels that would poae>
substantial risk to human health and the
environment, particularly conaidering
that the coke ia burned aa fuel and that
any trace levela of theee conpounda
would be readily combustible.
AISI also indicates that the same
principle (i.e.. if recycling • waate does
not increase levels of toxic conatituenta
in a waste-derived product the product
should be exempt from regulation)
should be applied to coal tar mixed with
tar decanter sludge. AISI statee that
when tar decanter sludge) ia mixed back
into the coal tar (after paeeing through*
ball mill to produce a uniform material).
the phenol mnii naphthalene uisM*k MI nto*Mi» IPA'I «fMM
I BMdWI I* BMMd pMUUy IW
npaitlnat tad ita* oooionitw « bam fHt (U.
-------
40172
OSWER 9951.1
/ VoL 30. No. 230 / Friday. Nov«mb«r 28. 1968 / Rule* and Regulations
product in fact release* mbatanflal.
useful httt energy to • hiMtf
and thna.U burned peria* IB
recovery within ail reaacagita
understanding of tha term. Alnouth we.
agree that energy recovery to eat the
rolt purpose for buminf Cadence
product in • blaat furnace, the fact that
substantial, uaaful energy ia recovered
subjacu Cadanca product to ragolatioa
ai hazardoua waata fuaL (Saa discussion
abova in section QLA.1 whara wa
explain thai regulation of buminf for
enargy racovary doaa not turn on tht •
sola or primary purpoaa of burning.)
a. Genual Description ofBJatt
fiunaco Opontion* Iran blaat furnacaa
ara usad to smelt Iron oraa to prodoca
enda iron (pig iron) suitable for
steelmaking. Tha iron blaat fnmaca ia a
large, shaft (vertical) reactor. Iron oraa
along with coka and fluxaa rach aa
timastona and doiomita ara chargad into
tht top of tha reactor. A larga voluma of ,
air prahaatad to 2000'? (tarmad "hot
blaat") ia injected into tha bottom of tha
fumaea to bum tha coka to produca tha
haat and reducing gu needed to drrv*
fumaea reactions. Tamparaturaa In tha
combustion xona at tha bottom of tha
fumaea ranga from 3700-3800 T. Tha
coka provides both tha primary i
of haat and tha primary aourea of carbon
uaad to produca tha reducing gaa carbon
monoxide. The carbon monoxide
reducaa tha iron ore by (oat) anargy
absorbing reactions to produca pig iron.
About 1000 Iba of coka ara required to
produca a ton of pig iron. Gaaaa drawn
off tha top of tha fumaea contain excaaa
carbon monoxida to giva tha gaa a
heating valua of about 90 Bta/ft*. About
ona third of thia fnmaca gaa la oaad aa a
fual in stoves to prahaat tha combustion
air (La, tha hot blaetL Tha ramaindar of
tha fumaea top gu ia uaad aa a foal ia •
boilar plant or in othar heating?"
appiicationa within tha steal plant
Maltad iron and liquid slag an drawn
off from tha bottom of that
b. Modtm Mtthodt of I
Rates, Coka haa I
expanaiva tinea lha i
of tha riaing prica of i
naadad to produca suitable <
rising coat of coking oparat
of anvironmantai and othar <
Reducing coka rataa ia alao
advantagaoua baeaoaa fumaea
productivity ia incraaaad by incraaaing
tha iron oca to coka voluma ratio
charfad to tha fumaea (La, coka can ba
raplacad by iron oca. thua incraaaing
iron output).
Tha two principle mathoda of reducing
coka rataa ara to ineraaaa hot blaat
Col*
tamuaiatutaa and to inject fualalf
through tnyaraa (La, firing noxzias) into
tha combnation xona at tha baaa af tha
fumaea. Both appnachea generally ara
employed together beeauaa fuel
Injection enablaa operaton to control
unpeiaturea in tha combuitlon
xona (raiaed by increasing hot blaat
tamparaturaa) to opdmum levels. In
addition, tha injection of hydrocarbon
fuaia replacea the carbon in tha
displaced coka and enauraa that
appeopriata fumaea gaa compoaitioa
firniiiiftve to iron ore reduction ia
maintained Tha haat anargy of tha
hydrocarbon fuala alao repUcaa tha haat
energy of the displaced coke. Given that
coke ia both the primary fuel and the
primary auune of reducing gaa (carbon
in tha coke la converted to the reducing
gaa carbon monoxida). whan the coka
rate ia decreased substantially (La- by
Increasing hot blast temperature and
using fuel injectanta) tha haat energy
and source of reducing gaa supplied by
tha displaced coka must ba provided by
f«TBit othar source.'* " Thia mwct ia
tha tuyere-Injected fuala like the
Cadanca product
c. Although /W Injtctaatt Cool
Floato Ttaptmtun*. Th»f Pnrido
SubttantiaL UtofuJ Hoot Sav^y. Before
we explain how liquid fuel Injectanta
with tnht**'*tfal heating valua llfca No. 6
fuel oil or Catkaco product contribute
fumaea. we will explain how they, at the)
aetBally
Combustion sane temperatures ara
maintained at 3700-3900 ' P by the
of
the 2000' P hot blaat (Le, preheated
combustion air). Tha net reaction of
injected fuela ia endothermic (heat
abeorbiBfJ ia thia tone. Injected liquid
i to (ideally)
aad water where sensible heat ia
releeeed and fiaatly. eadotaemua
dleaocJatton*' ••** reduction la tha
presence of excess carbon provided by
tha coke to form tha reducing gaaaa
GaVOOfl fllOHOXiftlef 4U1
Cadence argues that these liquid fuel
injeetanta ara not burned for energy
recovery beeauaa tuyere-injected fuala
undergo oat endotharmie (La, heat-
abaorbing) reactions in the combuation
xone which reactions actually cool
flame temperatures, and that any haat
energy released from subsequent
reacttona ia Incidental and unavoidable.
Cadence's argument ignores tha fact that
fuel tanectuts first behave aa bone fidt
fuels by combusting to (Ideally) carbon
•*"i water. The •""*""* of
sensible heat released during thia
combuation pjuaa ia measured by a fuel
infeetaaf • heating value in Btn/lb,
after the fuel ia combusted,
tha combuation products act aa
ingredienta to fumaea reactions by being
converted to the reducing gaaaa carbon
andotharmie reactions. Tha fact that fuel
injeetanta release substantial heat
energy while providing hydrocarbons for
reecrtona enables operaton to reduce
coka rataa." (Aa noted above, coke ia
both the primary fual and primary
i of carbon to tha blaat fumaea.)
it energy released from
The hi
subsequent (La, outside the combustion
xone) reactiona of fuel injectant
hydrocarbons ia ia fact substantial.
intentional, and useful contrary to
Cadence's "*»*•» that it ia '"""HTntil and
unavoidable. Aa discussed above.
fumaea top gaa ia used aa fuel in stoves
to haat tha hot blast in a boiler plant or
In other haating applications within tha
steel pleat Tha excess reducing gaa
contained ia the top gaa that was not
used to reduce the iron ore gives the top
gaa substantial heating value. The
i reducing gaa ia contributed by
bvaNOMifav
iMeofUsMrbUM
, bM *!M rapUcw i porttoa of ih*
i IBM BUM
•MM A UISMIWS Itamw". fowiul o< UM
MM «t rwk ««L et, • am IMS tsvt, p. n.
> At OH VOMSOa' P lewiflra la dM
k s Bwaoe al dw eufcoe dtadd*
r duonind to fotm
baa-bseespe««iaf(s«B«Hi)
'• bMMM* II WM ntattv^y
-------
OSWER 9951 .1
Fodsnl Rebate* / VoL SO, No. 230 / Friday, November 29. 1968 / Rules and Regulationa 4917S
the coke aad fuel injectants, roughly ia
proportion to tba amount of
hydrocarbeejB each provides to tha
furnace. Aa shown ia tha tabla balow,
funuca top gao ia a substantial fuai
sourea ia that only about one-third of
the fual gaa ia need to haat tha hot blaat
whila two-thirds ia available for othar
use*.
Empirical damoaitration that buraiaf
fual injectaats luppliaa substantial
energy to blaat furnaces ia provided by
standard litaratura references. Tha tabla
balow thowa an anargy baianea for a
modam 28-foot diameter baarth furnace
oparating at a hot blaat temperature of
2000 ' P with a eoka rata of 870 Ib/toa of
hot matai (La. pig iron) and using fnai
oil injactad at a rate of 170 Ib/ton of hot
metal Tha fuel injactant provide* about
22% of tha haat input to tha furaaca, Tha
amout of eoka needed to supply thia
enargy (and reductants) to a furnace
producing 4.000 tona par day of hot
metal would be more than 300 toaa par
day. Thus, it ia clear that fual Injactanta
provide substantial, useful heat to tha
furaaca.
auar*
k * a »>rm
Injectants that have no beating value
like steam, or ™in heat energy to tha
furnace and. thus, are not conaidarad to
be fuel injectaata. Thus, infectanta with
no or miaimai aa*anf value era not
considered to to beoned for energy
recovery. „
Cadence's eaj^Mot in fact prove* too
much. It ia daartot net furaaca
reactions an eadothannio—heat from
the coke and fuel tn|ectants ia required
to drive reactions that reduce iron ore to
'metallic iron. Under Cadence-'• logic that
a material involved in an eadotharmie
reaction ia not a fuel irrespective of iti
heating value, tha coke would not be a
fuel Yet it ia the primary fuel aourea to
the furnace. Tha fact Is that both coke
and fuel injectants like the Cadence
product serve a dual purpoaa of
providing substantial needed energy and
raductanta,
d. U$9 of Cadtfict Product at a Fu*J
//i/ecaut Cadence product ia blended
with No. 8 fuel ail in a volume ratio of
•boat 90/90 for uae aa a fuel injectant
Cadence product ia a fual injactant
rtthar than a nonfuai Injectant (e.g..
steam), beoauae it has a heating value
by specification of 1O900 to 14.000 Btu/
Ib. which ia comparable to the heating
value of coke and coal Cadence
product like othar liquid fuel injectaata,
cools flame temperatures In the
combustion am*. It alee provides
hydrocarbons for conversion to tha
reducing gaaea uaiuou monoxide and
hydrogen, provides substantial useful
beet energy to the blaat furnace, and
thus enables operators to reduce tha
coke rata.**
In addition, we note that Cadence
itself has infomted the Agency, the
Congreaa, and tha public on many
orrasions that Cadence product ia
burned by blaat furnacaa' (at least
partially) aa a fuai Cadence's President
Mr. Reese so stated in testimony to
Congress. Cadence's comments to the
Agency in the definition of solid waste
rulemaking (Cadence comments dated
August 1 1963. p. 10) refer to the product
aa -CHEW-FUEL" and stressed thia
pome
believes that tha company's own
its, aa wall aa those of its
maurioi aad aa *Mffy source whtn ussa* in
tAe bloti fumoc*. lit principal components
an Hydrocarbon* which providt tti»
tumtial carbon aad hydrogm for on
origiaai)
Cadence's llrenissi also stressed thia
point when dealing with BPA'a
iforcemeat ofBdala. mak
Bta
tha
waatea wen utilized so that the burning
legitimately recovered energy.
Cadence's patent application states that
the material ia used to support
combustion in blaat furnacaa. Even in
the present rulemaking. a number of
Cadence's suppliers indicated that the
Cadence product (to which their
hazardoua wastes contributed) "la used
as a fuel by steel producers . . .".
(Comments of Detroit Edison. March 11,
1965: to tha same effect see commsnts
37. n, and 87 to this rulemaking.)
Indeed, the Cadence material waa
marketed for yean under tha trmdanamc
"CHEM-FUEL". The Agency thua
" The Afeaer limyi rmaUin • murtoJ wipduct 312 is
cumptetaly tnaiogoua to many well- ._
~~y«*«^ aaau/scnirina operauona.
These unsupported assertions overstate
the sophistication of tha Cadence
"manufacturing process". In fact we
understand that other than simple
blending, the only processing that is
sometimes used at facilities that
produce Cadence product is the
distillation of spent solvents to recover
solvent This process, wholly unrelated
to the "manufacture" of Cadence
product generates still bottoms that are
blended with other petroleum-based
waatea to produce the product Although
Cadence licensees conduct analyses of
waate feedstocks and blended product
to ensure coaformanca with
specifications, other waste blenders that
market hazardous waste fuels (e.g.. for
use in cement kilns) also conduct
analyses of feedstocks and fuel product
-------
49174 Ftdavsl
OSWER 9951.1
I VoL 50. No. 230 / Friday. Novembar 29. 1885 / Rulaa and Ragulationa
to meet • specification, ThMi the)
I of waataa to i
binding i
product it similar to otheri
futl operational <
Cadence'a operatione the* rate tha
troubling question of what Jagraa of
proenong can (ranafonn • waata-into a
product Tha Cadence procaM Involve*
relatively minimal procaaainf, No
significant reeourcee are recovered from
tha Cadence product ontll It actually la
burned. Tha Agancy alwaya haa been
laary of tha notion that minimal
procataing of haardona waataa prior to
recovery of mooreaa from warn (in (fate
caaa. anargy) tranaforma waataa into
producta. It waa for thia raaaon that EPA
amandad 12MJ(c) (2) on January 4, .
1988 to atata that matariala radaimad
from hazardous waataa remain
haardoua waataa whan bunad for
,mrut indicatad in tha
same rale that haardoua wastes that
are partially but not fully reclaimed
remain hazardoua wastes (aea .
1280JO(c).) These proviaions ilhistnta)
the general principle that minimal
processing before final recovery doaa
not ordinarily transform a haardoua
waate into a product Cadence's procaaa
appears to raise analogous problems of
using a relatively <"<"'"M> proceaaing
step aa a maana of Insulating haardoua
waste recycling from RCRA jurisdiction.
When this fact Is coupled with tha fact
that the form of and recyding of the
Cadence product closely reeemblaa
incineration (in tha sense that haardoua
wastes are burned by controlled flame
combuation). it ia apparent to tha
Agency that RCRA juriadiction over tha
burning exiats.
Even more fundamentally. EPA doaa
not believe that tha question of
jurisdiction over tha Cariamc* product
(or other similar waata-derived
materials) need turn narrowly oa th*
question of whether it is burned
partially for energy recovery. C^Lr'
product is composed of toxia chlorinated
solvent still bottoma which (OB, a
nationwide basis) era I
of or incinerated. Thaaa i
not similar to raw mat
uaed in the iron-making i
toxic chlorinated aolventr4MPIa
typical feed or anargy suuimHX
making process). Tha recydtaf practice.
aa well aa prior transportation end
storage haa tha potential to causa
substantial harm to human health •"^
*tha environment if conducted
improperly."
•• ftttateafy imus of BfA's •aoMtaea MM tar
i tilin hmitii hin»n| firtanns inlaid linllnn
UuilbMdMoiaMTboiMotodMaaveUMaf
iraic OIIMIC coaMtunu ia tfco naMriaL If
confliOMd. ihte mraa* IBM the** drricn «•» b«
EPA believes that recyding of
haardoua secondary matariala that are
ao different from tha raw matariala
cuatomarily utillad in tha preum if a
prototypical situation it ia empowered to
control under RCRA Subtitle C Thia ia
particularly true in thia caaa becauae tha
recyding involve* burning (vfafc
controlled flame combuation). and ao
reeamblaa Incineration. Tha recycling
activity alao la not part of a continuous
Induatrial procaaa. but rather inrolyea
unrelatad partiaa and piuneaaii (Law tha
haardoua waata generator! who
ganarata apant solvents and haardooa
still tottoms. intervening i
(who not only procaaa but add
"hti*lTial ^•••HAiia still bottoma to tha
mixture), and tha steel mill). In addition
to involving secondary matariala
normally unrelated to tha '
procaaa. For these reasons. EPA la
prepared to exerdaa ita authority to
daajgnata Cadence product and all
similar matariala. aa solid waataa
punoant to 1 281-2(d) whan recydad via
proceiaaa not cuatomarily utilizing
chlorinated toxicants aa a fuel or raw
material ahould thia ever prove
r. In light of tha Agency'a
tudgment that Cadanca product ia
burned partially for anargy racovary and
ao ia aubfect to regulation aa haardoua
waata maL It la unaaceaaary to exardaa
thia authority at tha preaant tima.*T
tbto • MMy tan taOe imnlrt WMM
•aenpnMi ooadidoMk Tin* 4ou» oat
tettol
X Cuflc/uuon. In cloaing on thia iaaue.
EPA streaaea that it ia not finding that
Cadence ia •"pg**! u *a unaaf e or
undeeirabla recycling practice. Quite the
oppoaita— Cadence haa found a maana
of utilizing reaoureee in waataa. coupled
with deatruction of tha waataa toxic
conatituanta. that appeara to be
environmentally beneficial. What EPA ia
finding in thia proceeding ia that the
Agancy la empowered— (hat ia. haa the
juriadiction— fi**1* "aa iooy
be naeaaaary to protect human health
and tha environment" It may be that
due to tha mechanica of blaat furnace
operation, substantially tailored (or
aven no atandarda) are needed to anaure
waata deatruction. EPA la inveatigating
thia oueation aa part of ita Phaaa a
hazardoua
*••• rrp** of
i «n oat btedad law
. ibt petal I* that tfeaar
i mtl pracittdfl MKSI M& CAdMca't
I la bet b« Idadoi. U thw MHW M
tha Aaaaay that Cirimrn «f|ua«ii pro»« tu te»
•aca. Md «Nt* to pnclad* EPA tnm vuRutBa
tuibonty w«U wtthia UM Aacaey » pumcw.
waataa. EPA ia aaaerting hare that it haa
juriadiction to make thia evaluation.
IV. Uaed OU Subject to Regulation
A. Dtfialtioa of tfud Oil A/a/
Thaaa ralea apply to uaed oil and
(uaJa produced by pmcaiaing. blending.
or other treaonent of uaed oil. that are
burned for energy recovery in a boiler or
induatrial furnace that ia not operating
under RCRA standarda for hazardoua
waata indneratora. "Uaed oil" means
any oil that haa been refined from crude
oil. need. and. aa a reault of such uca.
contaminatad by physical or chemical
impurittaa. Sea RCRA section 10M(36)."
Uaad oila include tha following: (1)
Spent automotive lubricating oila
('•qfrfHft car and truck angina oil).
tT^aiii^gjjflfl fluid, brake fluid, and off*
read angina oik (2) spent induatrial oila.
induding eompreaeor. turbine, and
hydraulic oila.
ma«aiworking oila. gear oila. electrical
oila. rofrigarator oila. and railroad
drainingK and (3) apant induatrial
procaaa oila.
Thaaa mlee apply only to uaed oil and
not neceaaartly to "oily waate". O
-------
OSWER 9951.1
Federal RagUtay f VoL 90. No. 230 / Friday. November 29. 1985 / Rules and Regulation* W17J
(provided it it aot mixed with uMd oil
and that it it not a hazardous wuta).
Today's rait) marks tha first time tha
Agency haa aa»d the rtgulatory
authorities created by tha UMd Oil
Recycling Act of 1MO (UORA). (UORA
ii codified substantially M sections 1C 04
(38H39) and 3014 ofRCRA.) UORA
requires tha Agency to establish
"performance standards and other-
requirements •• may b« necessary to
protect public health and tha
environmant from hazards associated
with rwyclad oil" See RCRA aactioa „
3014(a). Burning uaad oil for energy
recovery—the subjaet of this rale—ia an
example of recycling. Saa RCRA. (action
1004(37).
Tha regulation of uaad oil hiala raises
tha legal question of how tha previsions
of UORA are to be integrated with other
RCRA provisions. As we stated at
proposal 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 tha
provisions of section 3014 rather than
sections 3001-0008. 3008. and 3010. As
noted at proposal this haa significant
implications. For example, permits are
not necessarily required to manage
recycled oil. the criminal enforcement
provisions of section 3006(d)4o not
apply, and the regulatory program
cannot be delegated to tha States under
section 3006. (r>*e Part Five of this
preamble for a discussion of the impact
of this rule on authorization of Slate
programs.)
If recycled oil is also a hazardous
waste, many of iha Subtitle C
regulations for ether hazardous waatea
(40 CFR Parts £82-286) may apply.
Section 3014. as amended by tha
Hazardous and Solid Wasta
Amendments of 1984. provides detailed
guidance on regulating recycled oil that
is a hazardous waste.
Today's rule establishes a
specification far wad oil that is
substantially ajasJadad bom
regulation •• aajjfhit may be burned
without maritpLvia aoaindus trial
boilers or any (Nfcer boiler or industrial
fumace.Uaed oil exceeding any of tha
specification levels for toxic metals,
flash point or total halogens is termed
"off-specification used oil" and is
subject to regulatory controls. Tha
specification and Issues pertaining to
implementing tha specification are
discussed below.
Of major importance is how to
Hunnjni«h between used oil and
hazardous waste gives that used oil haa
bean frequently found to contain
hazardous halogaaatad spent solvents
•fiH given that **M««rt and tte rtlfflrtilHoo
ill of UMOO eaoMnuats.
Tha Agency adheres to this analysis)
in today's final rule, and indeed, this
position had tha support of most of that
commenters. Several commenters
argued, however, that EPA's approach.
showed an unwarranted bias against
regulating used oil as hazardous waste.
and so would lead to situations where
used oil is not regulated adequately to
protect human health and the
environment because most of the RCRA
Subtitle C standards would not apply.
One commentar even went so far aa to
suggest that the Agency waa misreading:
its legal mandate under the HSWA to
regulate used oil as a hazardous waste.
These commenters misapprehend both,
die law and EPA's stated approach. la
the first place. RCRA as amended draws
clear distinctions between hazardous
waste and used oil The statute contains
a separata prevision dealing with used
oil as a distinct class and authorizes
separate standards for its management.
(See RCRA section 3014.) Nor does tha
statutory directive that EPA decide
whether to list used oil as a hazardous
waste (RCRA section 3014{b))Obliterate
this distinction. Even if EPA lists used
oil aa a hazardous waste (and iha
Agency Intends to propose such action
later this year), used oil would still be
subject to regulation under different
standards than apply to other hazardous
wastes. See RCRA sections 3004(a) and
3014(c). (d). Thus, it remains necessary
to distinguish between used oil and
other hazardous waste.
It also is clear that EPA has discretion
on how to make these distinctions. The
legislative history to the 1984
amendments is explicit on this point
See S. Rep. No. 98-284. 98th Cong. 1st
Sess. at 38. 38: see also the Conference;
Report H. Rep. No. 98-1133. 98th Cong.
2d Sess- which speaks of used oil
contaminated with hazardous waste a*
used oil to be regulated under Section
3014 (I.e. as a used oil. not as a
hazardoua waste).'1
EPA takes sharp issue with the
commenters' assumption that its
proposed (and now final) exercise of
discretion in classifying used oil leads to
a reduction in environmental protection.
With respect to buring used oil tha rule
promulgated today establishes a used
oil fuel .specification that regulates as
necessary to protect human health and
tha environment within the meaning of
RCRA section 3014. when the used oil is.
burned In nonindustrial boilers. (See
i thai CPA
dltcrtttoa tmpNporiy.wica rafwd to u**d oil
-"-'•'i~-t hilupniud h«nffln»» ntMuacM wdl
uMd Oil Broa Mill qwaaty fttwntor* tt»
iililiiniil ia (ho prtimbl* Mctiou dttunj with
-------
OSWER 9951.1
4M78 Fad«t«i tUgjbtsjr / Vol Ml No. 230 / Friday, Novembtr 29. 1965 / Rule* and Regulation*
section IV.C above.) With re*p*ct to
other management standard* far
recycled used ou\ EPA wiH MM b* •
proposing cradle to gnv«.mMafj*B*nt
standard* for suefa oil cnnsistMt with
Section 3014. EPA i» not doinf to la this
mittnaking because the Agency wishes
to avoid piecemeal regulation of the
uied oil management community
wherever possible.** The commentera
are incorrect however, that this
temporary deferral will lead to an
ultimate reduction in tnrironmental
protection.
We discuss below how we apply the
principle* for ,jgay§ aid la
consistent enforcement of
To this end. EPA
adopting today a
presumption as to when
hazardous waste* ha*
a. 77k* R»buttaal» Prmtunptioa: Th*
Standard and A/eon* of R»bottaL
Today'* ml* establishes e rebuttabl*
presumption that uaed oil coata
more than 1.000 ppm total halogen*
been mixed with hazardou* spent
halogens. I t-a.
even low solvent levels may be
indicative of adulterative mixing. Used
oii mixed with significant levels of
solvent by a generator may have been
diluted with unadulterated oil from
other generators, or spent solvent
collected from a generator may have
been mixed (illegally) into the used oil
by a collector or the processor.
Mixing of used oil with non»olvtnt
halogenated hazardous waste, however.
could be indicated by th* presence of
hazardous constituents at level* lower
'than 100 ppm. For example, if a wane is
not typically cogenerated with used oil.
incidental contamination is not likaiy.
Other factors include whether the
hazardou* constituents could be added
or formed during use of the oil Thus, if a
used oil contain* greater than 1000 ppm
total halogen*, and some of the halogens
an (for example) chlorophenoxy
pesticide*, th* presumption of mixing
would not necessarily be overcome by
showing that the pesticide is present at
levels less than 100 ppm.
b. Explanation of Caangeg in the
fUbuttabli Pnttunption Bttwnn
PropotaJ and Final RuJ*. Th* rabuttable
presumption of |t>f*'ffg hazardoua
halogenated solvent* with used oil
promulgated today diffen from the
proposal in two respects: total halogens
rather than total chlorine is used as the
basic indicator. *nd th* indicator level
haa been lowered from 4000 ppm to 1000
ppm. Total halogens an uaed aa the
Indicator because commenten noted
that common chlorine tests actually
measure total halogens reported as total
chlorine. The change, thus, is essentially
a technical correction because the used
oil analyses available to the Agency and
used to support th* nil* already
reported pnsence of total halogens as
total chlorine.
We lowered th* indicator level from
4000 ppm to 1000 ppm because msny
commenten argued that the higher level
would allow and even encourage
significant mixing of hazardoua
halogenated solvents with uaed oil
(contravening one of EPA's enumerated
principle*). Mon importantly, this level
comiate* sufficiently well with
pnsence of significant level* of
hazardoua halogenated spent solvents
a* to fustify us* of a presumption, a*
discussed below. The 1000 ppm total
halogen level was in fact recommended
by a number of commenten, including.
th* Slat* of New York which ha*
substantial experience with this Issue
W* have reviewed the mon than
eleven hundred used oil analyse*
available in th* record for the proposes
rule and the additional data submitted
by commenten and conceded that -ura
-------
OSWER 9951 .1
Federal Reyistac I VoL 50. No. 230 / Friday. Novtmber 29. IMS / Rules and Regulations 49177
oil will generally contain less than 1000
ppm of total halogens ualiu it if mixed
with hazardous chlorinated solvents or
ii meialworidaf otf containing
chlorinated addithree." Eighty-seven
percent (87%) of the samples from a
wide range ef sourcu generators.
processors, distributors, burners—that
contain more than 1000 ppm total
chlorine (halogens) also contained
significant levels of hazardous
chlorinated solvents (e.g. more than 100
ppm of any particular solvent).14 "
Some of the 13% of the samples
containing more than 1000 ppm total
chlorine but no chlorinated solvents are
known to be metal-working oils (either
because they were obtained from
generators known to be involved in
metal-working or because of their
extremely high chlorine content)
containing nonhazardous chlorinated
additives. Others may be mixed with
these highly chlorinated metaiworking
oils such that chlorine levels are greater
than 1000 ppm but lower than typical for
metaiworking oils, or the chlorine may
be from some other source." Based on
"Some aetalworkiat oil* coQUia extreme
prweure additive* thai are noohaurdou* highly
chlorinated peraffinic compound*. Piua. luod
metalworaini otli may eoauui httofw levele
hither than 1000 pa* evea thauf* they ire not
mixed with hasardoae h*liiseinted *otveaa. See
dttcuMioa in texrregardiiif tppllcattoa of th«
rvbutlable pmumptloo to theee meialworkinf oil*.
* Beeed «a review of anaiyiee ia Franklin
AiMCMteo Ud. Competition of Uud Oil Appendix
A. Of the more ilua 1100 UMd oil inaiyM*. Ill
ixmpln contained more than 1000 ppoi of halogen*
and wtn tnalyxed for halofenaied Mivent*. Eighty-
stvm percent at tfaoM nmotn ceauiaed
tigmnctm level* of •alveni. We preeaaiod thel
simple* wit* hitk lead level*, no haloaeaaied
MlvMi*. tad low haioatai lev** (bM «•*• laaa
1M ppe^nalofeoolwoaMcaaiaai lea* the* 1000
ppai hilngen* whom load I* |
only to eceveat* lead Croat <
Thu*. halogea level* will tell a* lead ia paaaed out
at gueoline. Thua, 3t eaca taajple* are excluded
from the neate* cpataaMS man thaa 1000 ppm of
htloerna.
"TheTexaoAarl
comment* oa I
* report eaadadw
0,1, for Sdfm OfAfBtainae* aad Uad. AufUM
1964. Oaia iaTaatsVlaf IBM report iadtcata thai
rr* of uaad odp (9 ef » a**Bi*M| eoauuung more
thin 1000 ppai total aaloaea* alao "~«V~-t
iignincant level* of hasardou* hilogiiiiieil
solvent*.
' "Although UMd od (ample* have beca found to
conum hatardou* halogeoaied enaipound* litied in
Appendix VIB of Part »l'(«.g. dlehloroethana.
KtrachtoraetBaael that ar* are aot Utted a* FOB! or
FOBS huaroow halofeaaied tolvanM. theee
MinplM invanabry ai*a coataia UpWAcaat level* of
the FOB! or FOB ealvem*. See Ttnle Vt of the Texa*
Air Control Board report referenced la not* V. aad
dm* in CCA Corporation. Tfn Fat* ofHatofdout
and Nonhatardout Wettm in Uitd Oil Oitpotal
and fiteyelinf. October 1SS3. p. 43.
these data showing a high percentage of
correlation, and on the supporting
comments, it is EPA's opinion that the
1000 ppm total halogen level ie a valid
indicator for presence of mixing with
listed halogenated hazardous waste.
EPA expressed concern et proposal
that certain used oils might contain
levels of inorganic halogens greater than
1000 ppm. and therefore, that a higher
level was appropriate for the
presumption. The Agency no longer
believes thia to be a valid concern. The
Agency stated at proposal that used oil
particularly crankcate oil from leaded
gasoline •"y"**, could occasionally
contain up to 3000 ppm inorganic
chlorine (or bromine) levels * * and
that the higher level of 4000 ppm would
indicate mixing with chlorinated
solvents. Chlorine or bromine an added
to leaded gasoline to "scavenge" lead
from engine components and. thus,
reduce wear and improve engine
performance. The chlorine or bromine
form inorganic lead compounds, some of
which end up in crankcase oil from
engine blow-by. Commeaters suggested.
however, that little used oil has levels of
these inorganic halogens exceeding 1000
ppm. As further corraboration. EPA's
own data on used oil sampled at
generators' sites ('"^I'l^'^g both
crankcase and industrial oil. but
highly chlorinated
metaiworking oil or oil adulterated with
hazardous halogedated solvents)
indicates that the oil contained less than
1000 ppm total halogens in 32 of 38
cases. "• "In addition, as lead is phased
out of gasoline, chlorine and bromine
additives also will be lowered, thus
reducing inorganic halogen levels. EPA
consequently believes that very-few
used oil* will trip the presumption due
•NBi TinanlLiI Not* 1130— raw Aoeariu/w for
Rttycttd Oil Uttd at iumtr futi. Ai«aM l«ea,
p. St.
•FraoUia Aaaocuna. Ltd. Convention of Uttd
Oil AppindU A.
" Baiad oa rtvtow of u**d oil inalyaai ia
Franklla Aaaaciaua. Ud. Caapouuom of Uud Oil
Appradu A. W* taould now thai 1 enaaeaM oil
tamplo* cantaiaad 1000 ta 1300 ppm total haloftn*
|*nd no haloataawd >olvrat*t. W« PTMWM (ha
halaf*n* *•>• atlnbMabt* to traded jaeallne
tddiiln* beeataM ihoee ode had hlek load level*-
1000 to 3000 peak We pnmaja that ihoee oU* would
ia the hicur* oontaia lea* taaa 1000 ppai total
Kaloseaa a* l*ad ia prn**H out of |a*eilne
(beiununi |uly 19SS|. tad. mucuneiiuy and
neeeuanly. haioapa eaeoUaa«ddiUv*e art *l*o
reduced. There/or*, we believe il ie reaeaaable to
•xdude the** 3 Maipie* farm the toul hiluaini *o
thai IS of M uaadultaraMd, aoaaMUlwaridaf
tamplae eaaotniai more thaa 100 ppai total
halotena.
"Oaia ia CCA Corporaboe, n» Atee of
Hoard** and Nonhatardoio Wowut ia Uttd Oil
OiipotaJ and Rttjelin^ October 19S8. p. 43. tlaa
indicate thai ueed oil fenerally containe lee* than
1000 pm total halotena.
to inorganic halogen content of over
1000 ppm. Moreover, as just discussed.
there is a ttrong correlation between
halogen levels of 1000 ppm and high
levels of hazardous halogenated
solvents, even in EPA's present data
base which does not reflect the lead
phasedown.
Nor do most used oils contain high
levels of organic halogens without also
containing high levels of halogenated
spent solvents. The only used oils that
oiight are metaiworking oils, which
comprise a small segment of the used nil
fuel market See 90 FR at 1892 (January
11.196S). Metaiworking oils can contain
extreme pressure additives that are
nonhazardous chlorinated panffinic
compounds that can result in organic
chlorine levels of several percent These
organic chlorinated compounds are not
toxic (Ie.. they are not listed as
constituents of hazardous waste in
Appendix Vm of Part 281). and. thus, the
hazard from incomplete combustion of
these compounds is not of concern.**
The issue here is application of the
presumption to these oils.
We believe that the rebuttable
presumption of mixing halogenated
solvents with used oil should still apply
to persons who manage highly
chlorinated metaiworking oils. In the
first place, these oils can still be mixed
with hazardous halogenated solvents (as
confirmed both by data and by
comments on the proposed rule).
Metaiworking operations often use large
quantities of decreasing solvents.
Second, raetalworking oils aiso can be
adulterated with halogenated hazardous
wastes after leaving the site of
generation. Finally, persons managing
used metaiworking oils that are not
adulterated should have, readily
available means of rebutting the
presumption.44
& Additional Retponi* u> Comment
on th»Rtbuttabit Presumption, (i|
Batit for Not Setting (/>• Hoto^n
Indicator Ltvel on Riik. Some
commenters maintained that :he
chlorine level for the pr*«\unpnon of
mixing should be based on rsk ooied b>
the solvent/oil mixture, riuser -Jtaji an
the basis of mixing, per je. The**
*• We'ire. however, concern^
fonuaf potential of the**
fffmtni*itd tad the reiumni
hydrocalanc aad and th* tflera *
torroaioa oa boUer part* «n* wr •
emjip«MH.Th*MOil*wiUrad «e .
ipeoflcatloa mr total hilueeai «M
i omiroi
Sei
kMQ !O
IV.Coftau).
M A* noted earlier, the AMI •*• •*»
on* way the praumptton art w -v*»<'
thowlng thai the oil doe* <
level* of haloataated has
-------
49178
OSWER 9951.1
/ VcJ. 50. .No. 230 / Friday. Noraabsjf 29, 1968 / Rule* and Regulations
commtnU "i»<*ikt tht Agency's
purpose to distinguish uMd attfrom
hazardous waste. As EPA pleated oat la
tht preamble to Uw propoaed rale, th*
basis of tht presumption to a* • MW
concept Section 281 J(b) s*y* that when
• solid wtitt is mixed with • hazardous
west*, tht mixturt it • hazardous wast*
units* it dots not exhibit a
characteristic of hazardous waste, or. if
tht hazardous waste WM • listed waste
(likt many halogenated solvcnu). uaitst
tht mixturt it deliatod undtr petitioning
provisions of 40 CFR 2*UO and 28O2X
Tht rabuttablt prnomption merely
pravidtt a simple, objective tnt for
whtn tht Agency will presume such
mixing has occurred. The risks posed by
burning both hazardous wastt
(including adulttrattd ustd oil) and off-
specification ustd oil art addressed in
today's rait with rttptct to burning in
nonindusthal boilers and will be
addressed further by tht permit
standards for burning such fuels in
industrial boilers and industrial
furnace*.
We nott further that a number of
commenters erred by considering th*
rebutUbU presumption level for total .
halogen* to fix the level at which used
oil containing halogens would be subject
to regulation (•••"—'"g no other source
of adulteration). The rebuttabie
presumption is not a measure of whtn
regulation is necessary, but a measure of
when mixing can be presumed to have
occurred. Used oil containing halogens
at less than the presumption level could
still be regulated as hazardous waste.
but the burden would be on EPA to
prove that such used oil is a hazardous
.vyaato by virtu* of mixing with a listed
hazardous wast*. See M FR1682. a, 22.
EPA'a burden would not automatically
be satisfied by showing evidence of
halogen levels in to* used oiL
(2) Organic V«nut Total Halagmt at
tht Indicator LmL Several Trr*""**™
suggested that organically-boaad
chlorine (or. more cotT*eteJgdap*a*)
rather than total chlohn* slBi b* used
for the presumption of aaJs^^Bacmae it
avoids th* problem* wtatt^Hpma
r slogans discussed abo»*Ug»«»» oil*
I alogenated solvent levels may contain
more than 1000 pom total halogens
because of presence of inorganic
chlorine). After serious consideration.
we have decided to has* th*
presumption on total halogen level* du*
to th* problems of implementing •
standard based on organic halogens.
We know of no quick simple method
for determining organically-bound
halogen levels in used oiL Th* sample
n ust be "washed" to remove inorganic
halogens before determining organic
halogen levels. Moreover.
-------
OSWER 9951.1
I VoL SO. No, 230 / Friday. Novambtr 29. 198S / Rule* and Regulation 49178
T*au 1. OotvejiT COMCwnu-noM
Ofc AT
C'
o*. >» w J-J*.
•>(*•*• at
Consequently, it does not appear that
classifying small quantity generator
waste-used oil mixtum aa hazardous
waita would mult in classifying large
percentages of used oil •• ordinary
hazardous waste. As a factual matttr.
EPA's statad concern at proposal thus
does not appear to be present
The final rule thus states that this type
of mixture is to be classified as a
hazardous waste. (But as explained
below, at least for purposes of this
rulemaking, these mixture* an subject
to regulation as used oil fuel when
burned for energy recovery.) We have
decided, however, at least for the time
being to regulate this (usually exempt)
small quantity generator waste
regardless of the quantity generated
when it is mixed with used oil aa part of
a waste-derived fuel EPA is taking this
step for a number of reasons. To do
otherwise would create the very
situation feared by the commenters
whereby the rules would create an
incentive to adulterate and be much
more difficult to enforce. This is because
if small quantity generator waste could
be mixed with otherwise regulated used
oil and the mixture waa exempt from
regulation, people undoubtedly would
take advantage of the opportunity to
escape regulation, or raise the iaauo of
mixing as a defense in enforcement
actions. Potentially large volumes and
percentages of recycled used oil could
go unregulated, in derogation of
Congressional ottML" Thus, the final
'•Hit ..
uMd ml it liaatal
i *f *• bridal »J*w thai II
retulatad, r*sai»Jim*f *jeaa*Jty aanaratad.
iRtfalailoa proPoHy »aa»s bajai oaca uaad oU 1*
4t*matad.| IPA'a roaaaaaag tar ratalattoi thta type
of haxardaoa MM* dlffaraatly froai othar taull
quantity aanonior haiardOMo waato* will b* Ml oaf
mora fully in tha Mon-io^a propoMd rvtolanoaa
liaiuif uMd od M a hasardoaa vaai* and propoa«e
manacaoMat tiandarda for racyctod od. bw ia
Mimaufy:
I «maU quantity aaoantor ua*d od
I UMd od sMareiad ia qaaaaoaa of (MOO ka par
iBoaibl »oiald tMoipi apprauaMi*ty « ««• cant at
all uMd otl staaraMd. ia caotraat, iha txMnpttaa for
aauil quantity amarator haiaidaa* «» naea taaM a*taU
can poa* a Kaard wfeaa uMd oil ia bornad for
aoarf/ lauiioij. th* ipacJIcadon for uMd od thai
may ba baraad la aomadaavial botkra Uauta lm*U
of anaaae. eadaaa, earoauwm. aad laad. Banuai
k-tantiriT waai* faaaralad ia voiuaMa of 0-109 k|
par month tbould b* raealawd.)
I la BOM a mbatiahal
. dna. banoai ia aot uxludad ia
th* apaoflcattoa, (S« aocaoa IV .C ia tb* IOL)
•> rfiropt that nuturaa of MBall quajinry
anantar baaardoua waat* aad uMd oil an wuiaci
10 rrtalaooa u uMd oU. aa diamaaxi «6ov«.
-------
OSWER 9951.1
Federal Rebate* / VoL SO, No. 230 / Friday. Noveabg 29, 1988 / Rule* and Regulations
specification uMd oil) yntUm a level
of environmental proteeoaB aaalogooa
to that provided by thenistfef boraiag
hazardous waata mala. raasthar
hazardotu waata AM! note*
specification used oil AM! my be
bunwd ia aonindustrial boilers. The
only ana whan the rlsssjftoaflon aa
UMd oil results ia laaa regulation ia with
respect to itongt and transportation of
off-spetificatioa uaad oil Although not
regulattd by today'a rule. storage and
transportation of off-specification uaed
oil ia addnaaad ia tha Used Oil Uadaf/
Maaaganani Standard* aooa to ba
proposed. The porpoaa of today's rala ia
to begin regulation of bf^p^'t ••«<
burning activities by prohibiting burning
of hazardous waata aj*i of MOM mo of RCXA.
*• We have
I fn»
of
while othan argued that the assessment
did not adequately consider all risks.
The Agency believes the PEDCo risk
sssessment '• adequately indicates the
potential for substantial risk from
burning used oil in uran areas. The risk
assessment with one exception, is used
to indicate potential risk, not to actually
set specification levels based on some
qualification of risk.'* We used the risk
assessment to identify those
constituents that may pose increased
risks at levels that an causa for concern
given tha large number of exposed
individuals ia urban areas. When those
constituents an typically found in used
oil at levels greater than in virgin fuel
oils (Le« tha 98th percendle level in
No's. 2-4 fuel oils), they wen included
in the specification at their 93th
percendle levels in virgin fuel oils. We
reasoned that higher levels could pose
substantial risk, and levels lower than
found la virgin fuel oil would not
provide protection of humaa health and
the environment if used oil is replaced
(aa it would be) by virgin oil
The PEDCo risk assessment is fully
documented la a published report a
copy of which ia ia tha public docket
The sssessment is also summarized in
some detail ia the proposal SeeSOFR
1683-1700. The primary inputs to the
emissions models wen actual data (e.g..
composition of used oil based on
hundreds of analyses: emissions were
modeled for the New York Cry urban
ana considering actual meteorological
conditions and projections of used oil
burning baaed on actual density and
location of multi-family dwelling units).
Boiler «•»<«•"•»• wen projected
ifrrrl"t 07% destruction of organics
aad a 75* Tnjff*i*ii rate for metala. The
Agency considers the 97% destruction
efficiency for organics reasonable but
conservative given that test bum deta
indicate that very small boilers can
achieve 99* to 99.99% destruction
efficiency for hard-to-burn chlorinated
compounda.tTAlthough data on metals
tmifiifffi* rates an very limited, the
available data indicate that metala
•mif^tuM rites avenge 31 to 73ft, with
chromium having the lowest rate and
ieed the highest** We thus consider s
4 lac. A Ititk <44MM/iM»
aad Spue* Hvaun.
*aM* ifcet lisa u off-
oil AMI This I* bseMM omtlttr
AM! oor off tpacUTciaaa uM4 oM
' CCA Cofp* JfemraMMM/ CTtefgriwrfitnax o<
•• PEDCa favtraoiMatal lac. Aii* XJMHUIM«W »/
Mte» Otf Swniqs. (UMMy ISSC pp. >ir aad )-A
-------
OSWER 9951.1
Ratals* / Vol 50. No. 230 / Friday. November 29. 1988 / Rules and RaguUtionj 48181
73% emissions rate for metals to b« •
realistic, but raaaonably conservative
assumption.
The two air dispersion modeU used to
estimate ground (aval concentrations of
contaminants an routinely usad by EPA
for that purpose. Estimated ambient
levels were used to project the increased
risk from carcinorganic compounds and
to determine whether levels of other
compounds that have • safe or threshold
level of exposure (i.e.. thershold
compounds) would be likely to causa
substantial adverse health affects. The
compounds considered to be
carcinogenic and their potency factors
were obtained from EPA's Carcinogen
Assessment Croup. To determine
whether chronic exposure to the
estimated ambient levels of threshold
compounds would pose a health
hazard. Environmental Exposure Limits
(EEL's) were calculated. EEL's are baaed
primarily on workplace threshold limit
values (TLV's) published by the
American Conference of Governmental
Industrial Hygienista. The TLVi are
adjusted mathematically for use in
assessing enviromantal exposure by
considering a number of factors
including: exposure duration, population
susceptibility, and the nature and
conditions of the experimental health
effects data. TLVs are typically usad by
the Agency to project safe levels of
exposure when more appropriate animal
health effects data are not available.
The limitations of using TLVs to
determine EEL's are well documented
by PEDCo»».
Although some assumptions were
necessacy as with any risk assessment
and it can be argued that thoaa
assumptions were too conservative or
too lenient the Agency doaa not believe
(and commenters did not show) that the
usa of alternate, but reasonable.
assumptions would affect the outcome
of the assessment
Specific comments on particular
aspects of tha> riak sseessment art
discussed besam
2. SpecificaOtjffamaiittn. Aa
discussed abatJjyA identified typical
contaminaan»e^EM oil and proposed
specification IsMfeur thoaa compounds
found in higher concentrations in used
oil than in virgin refined fuel oil and
which could also pose a significant
health risk when burned. (See Table I
below.) We did not propose
specification levels for compounds foud
in usad oil at the same or lower levels
than are found in virgin refined fuel oil
because users could simply switch to
virgin oil to replace the recycled product
without any environmental benefit
We have added total halogens and
deleted PCBa from the specification, aa
discussed below. We also respond
below to comments that a cumber of
othar constituents should be added to
the specification.
toe-**
100 •*
oi 10 a
<»not ol id
• 'la (*•
a. Total Halogen*. We have added
total halogens to the specification
because burning fuels with high chlorine
levels can have direct and indirect
effects on human health and the
environment As noted in background
documents to the proposed rule, and aa
observed by a number of commenters.
Hydrogen chlorida emissions from
burning such fuels can. increase ambient
leveia of hydrochloric acid and
contribute to acid rain. Equally
significant, the chlorine can alao
accelerate corrosion of boiler
components which could decrease
combustion efficiency resulting in
increased emissions of incompletely
burned combustion products. Corrosion
of any air emissions control equipment
could alao ba> accelerated, reducing
control efficiency and directly
increasing emissions of pollutants, (Sea
also HJL Rep. 96-198 at 42 noting this
concern.)
We selected a specification level of
4.000 ppm for total halogens * based on
halogen levels in high chlorine coal We
believe that limiting halogen levels to
the highest levels found in fossil fuels
will ensure that burning used oils with
equivalent or lower halogen levels will
not accelerate corrosion rates."
•• PCDCo Efivlrenaoaul Inc. A Hitk Atifumuu
of Watit Oil Sumuif. pp. I -I ihraucji B-lS.
•It it oahr by coiaodonco thai thi* it tho MOM
lord orifuwlly piaputod for IB* nbttttMt
proiumpuoa. Th* tpooficaiio* pwuwttn tpply
only lo iuod od hut tftor 11 hat boon dctofmiaod
thai tho uMd oil i* not auod with hturdnu* wool*
(t.f. by tppiyiaf tho pttnapBoa at mudasj. Thno>
iht loul Iwlofta ipoeflcaiiM l*«ol It boaod oe
different prinoploo tad it wood far diff*r*M
puipoott ihaa, ibo tout haloeM lovol (or tbo
proouBpttoa of oiuuaj}
•Bailor namfoauren DOCOMO concomod tbo*
MCOOMVO correoiM nuo wboo cool eblonao levete
twood 2JOO pea. A bodor bonuni utod oil
conuminf tbma UXOppa ciionno unald bo
Although usad oil normally replaces
virgin fuel oil that haa very low halogen
leveia (leaa than 100 ppm). we do not
believe burning usad oil with halogen
leveia found in coal will substantially
increase corrosion rates. In fact many
boilers burning fuel oil were originally
designed to bum coal and were
converted to oil burning to meet air
emissions standards.
Used oil fuel (not mixed with
hazardous waste) can contain high
leveia of halogens from two sources. Aa
discussed above metalworking oils are
sometimes processed to produce fuel.
These metalworking oils can contain
extreme pressure additives that are
highly chlorinated, but nonhazardoua.
organic compounds. Total chlorine
levels in these used oils can be several'
•percent
In addition, "light ends" from the
distillation (e.g.. rerunning) of used oil
can contain high levels of halogenated
compounds. Although the used oil
feedstock entering the distillation
process contains less than lOOO.ppm of
total halogens and is not presumed to ba
a hazardous waste, the oil can contain
insignificant levels of volatile. :
halogenated compounds (e.g. less than
100 pom of halogenated compounds
listed as hazardous spent solvents). The
light ends produced from such od will
contain much higher levels of
halogenated compounds due to the
concentrating effect of the distillation
process. These light ends are a by-
product of usad oil rerefining to produce
recycled lube oil and are often burned
on-site as fuel These light ends are
regulated as usad oil rather than aa
hazardous waste even* though their total
halogen content exceeds 1000 ppm and
they contain substantial levels of
halogenated compounds listed as
hazardous spent solvents. Thi* i«
because the halogenated compounds ar*
present in significant levels as a result
of processing (i.e., they are
concentrated), not as a result of mixing
with halogenated hazardous waste. •*
When light ends containing less than
4000 ppm total halogens (but perhaps up
to 4000 ppm of halogenated compounds
that an listed as hazardous spent
solvents) are bunted, emissions of
tapoood to iko Mao qiuauty of ehlonao por TOUT
u it would bo if it wot* buniiai eooi coaitiiuns
UOO ppm ehlarfno. Tklt it boauto the tiooun«
vote ol nod oil I* Usfeor ihta Bui of cool H 8.300
T*. lUOB KWIb) tnd. ibw. loot uMd od it tvqwrod
to provtdo • pvo* bodor boot input
•• AlUwuih low lovati of haioajnatod compound*
(*.«. loot Uua too PDB of ttmchlorootbrimol in
(Bo and od foodxoek w ih* duaiUaoo precvto
aMyoooMttOMO rooill (mo. rauuaj wiia huareou*
ipoM toivont*. tbo lovott «• too low 10 pmumo
iiica ffltunt hu oecuiTOd.
-------
OSWER 9951.1
49ia Fedora] Ratisttr / VoL 301 No. 230 / Friday. Nbvtmbtr 29. 1965 / Rate and Regulations
hydrogen chloride or laooaipJtttry
burned halogenated ccsapetads wifl not
pose a substantial riak la BSJBMB health
«nd the environment.** Uffct cads with
mon than 4000 ppm Intel halogens an
regulated under today's nit aa off-
specification used oil. sad aa such,
cannot be burned in aoninduatrial
boilers. We are developing permit
standards for burning such oil
(scheduled to be proposed in 1988) thst
would consider the hazard posed by tht
presence of hazardous halogenated
constituents. (Permit standards for
burning such used oil may ia fact bt
similar to the standarda for buminf
hazardous wests fuels.)
b. PCBt. EPA indudsd polychorinstsd
byphenyla (PCBs) in the proposed
specification only as s reference to tht
Agency's rules regulating PCBs. PCBs •
are regulated under the Toxic
Substances Control Act 'JSCA) and tht
ruies an codified at 40 CFR Part 781.
Those rules include controls for the use
and disposal of materials containing
PCBs.
PCBa an not indudad in tha final
specification promulgsted today.
however, because commenten indicated
(hat the crossnfsnnce caused
confusion. Specifically, commenters
wen concerned that setting a
specification level could encourage
dilution of PCBa in aa attempt to avoid
regulation under TSCA. Dilution to
avoid regulation ia expressly prohibited
under the TSCA rules. See | 781.1(b).
If used oil fuel contains PCBa and also
does not meet the used oil fuel
specification provided by todsy's rules.
then it is subject to the more stringent of
the applicable TSCA PCS raits and
today's used oil fuel rales.
c. OUitr Conttttutnu. Commenten
suggested thst other used oil
constituents should bt indudad ia tat
specification notwithstanding our
arguments that these constituents either
are not likely to pose substantial health
risk or thst they an not pnaae* la used
oil at significantly PM**ll]APf)> *aa
virgin oil (and lower *ptii^B8tai levels
could result in s virgin m_^H[
displadng the recydeat|f||^Bwita no
environmental benefit*.
(1) Barium aad Zinc.,
found thst barium and zmc an peasant
in used oil in concantrstions 10-100
times greater than ia virgin fuel oil. tht
Agency's risk sssessment iadicated that
the resulting incressed levels of barium
and zinc would product i
Several commenten expi
risks to-human health aad the
environment.
concern over what they considered the
serious health impacts of high levels of
barium aad Tin*?, and argued that EPA
should err oa tha overprotactlve side by
prescribing specifications for theee
metals. EPA continues to believe that
the presence of taste metals ia used oil
dost not post significant hak for tfas
reasons discussed below.
EPA's riak sssessment Indicates that
maximum ambient levels of zinc bom
burning used oil could represent about •
2* of the Environmental Exposure Limit
(EEL).*4 Thus, zinc doss not have s
serious impact on air quality near singlt
or multiple sources, or la high-density
urban anas.
Although tat cast Is Isss dear with
barium. the.A»sncy concludes that
bv*ran liktwist doss not post s serious
health riak. The PEOCo riak assessment
indicates that '"•»'"""• ambient levels
of barium could represent 80% of the
ggt- (Id\. Given that the inhalation of
barium caa caust toxic effects
(primarily aa increase ia muscle
excitability, particularly ia tht cardiac
muscle), tht Agency specifically asked
for gMnmaat on whether btrhiai should
be added to tht specification.
For a number of reasons, however, tht
PEDCo riak sssassmant overstates tht
riak possd by barium. Tht PEDCo
analysis used aa early surrey of used oil
analysts to determine barium levels ia
used oils. Tht most recent aad
expanded data bast iacludts 752 barium
analyses compared to the 400 analyses
in the data bast used by PEDCo. The
90th ptrcsnols barium levels uaed in tht
risk assessment (based on tha 400
analysts) was 488 ppm. while tht 90th
ptresaolt barium level ia tat expanded
datasheet ia only 2S1 ppm. about 90*
lower. Given that composition data
baatd oa tat expanded data bass an
considered men representative, tht
PEDCo analyses overstatee ambient
barium levels by s factor of two.
Ia addltioa. the PEDCo ssstssmsnt
estimates s safs level for lifetime
exposure to airborne barium based
primarily oa tht workplacs threshold
limit value (TLV). This safs level is
called aa Environmental Exposure Limit
(EEL). Set discussion above oa EELa.
Tht barium ELL cslcnlatsd for ths riak
ssaassment is men than 90% lower than
tht aaft level calculstsd from tht
interim Accsptabls Daily Intake set by
EPA.** Tht ADl-based safe exposure
level Is considered men appropriate
than tht TLV-bassd EEL because ths
ADI is bcied on a comprehensive
review of pertinent toxicologic and
environmental data. EELa an commonly
used for risk assessments only when
ADFs have not been dsttrmiatd (or
cannot bt determined because of
inadequate data). Thus, tht riak possd
by barium has been overstated by more
than a factor of two for this reason aa
weiL
In summary, tht PEDCo assessment.
overstates tht riak posed by barium by
mon thta a factor of four. When these .
factors an considered, tht maximum
ambient levels (•••""•'"g duatared
boiltn with overlapping emission
plumes, another conservative
assumption) would be 0.18 MgM1 while
tht ADI-bastd safs level for chronic
exposure is 1 j*g/m*.** When
background ambient barium levels are
added to the maximum levels from used
oil bunung, total ambient barium lavcla
could range from (Xiato 0.43 pg/m*.*T
Aa with lead emissions discussed
elsewhere, ambient barium levels thus
would not bt expected to poet
significant riak except in extreme and
unique "hot spot" situationa (e.g~ when
boiltn an duatand together, and
receptors sn located directly
downwind, very doss to ths boilers, and
at tht etntsriint of ths emissions
plume), which would occur only very
rarely.
(2) PNA*. A few commenters
indicated the need to set specification
levels for polynudaar aromatic
compounds (PNAs).** A major
environmental commenter was critical
of EPA's risk sssessment ia general and
was particularly concerned with EPA's
conclusion that specification levels wen
not attdtd for PNAs. Tht commentsr
argotd that data died by tht Agency did
••Tab
Mill ovonutM dM nik
" A» itiiniinJ •bom ••oa rofy omoil boiloio
c«fl tchiOTo 9V* 10 fltSS* dMmcnoa cfllaoaqr for
hiloMMitd compound*.
-tt-iir— imhimi l«r«U far tto OMnth o< Itmury
wk«i uMd oil bwmaa « sn*>**t. Th« AOI-b«Md
«•<• l*«ol of upOMra. howrror. uwm*s eoiuuat
txoMM owr • UfeaoM. Thu*. «*
-------
OSWER 9951.1
Fedtjtal Rafjtta* / Vol 5ft No. 230 / Friday. November 2ft 1968 / Rule* and Regulations 49188
not show, aa the) Agency indicated at
proposal. •* that PNA levels in uJtd oil
and virgih AM! oil an comparable, and
that PNA etniastona (rein burning used
oil and virgin met oil art comparable.
We have teviewed the dau used to
support our dedaiofl at proposal and
continue to believe that the risk posed
by PNAs from burning uaed oil and
virgin fuel oil is comparable. The
following data (Table 3) show that
levels of benzo(a)anthraeene and
benzo(a)pyrene. the PNAs typically of
concern due to their carrinogenicity. in
used oil and virgin fuel oil an
comparable:
TABU l—PMA Uvflu m uaco OH. AMD
VMOMFUSJLOH.
ts-sr
Although PNA level* in distillate virgin
fuels (e.g~ No. 2 oil) are much lower than
in residual No. 8 oii it I* reasonable to
compart uaed oil levels in No. 6 oil
because uaed oil frequently (Indeed,
moat often) displaces No. 6 oiL
In addition both Rtcon and CCA "
reported that they could not find
detectable levels of benw(a)pyrane
(BaP) in uaed oil emissions during a total
of 13 test burns. The BaP detectable
leveia ranged from ft-4 pg/m4 for the
CCA tests. Further, •missions of .total
PNAs from burning uaed oil and'
oil appear comparable. Emiseic
PNAa. mostly naphthalene compounds.
measured by CCA dnitaf t number of
teat bums at each of six site* a»aaageU
92 pgyhr T». If virgin foal oil had been
burned rather than uaed oil and if total
PNA emissions were 46 pg/bto. aa
reported by PEDCO (See PEDCO, Rl*
AsMMonat of Want Oil Burning p. IV
7} aa typical tkrssJrtinl fuel oil boilers
with capacttMtlaw than 290X10 • btu/
hr. PNA afltvJhi from vtrgm oil
SOT » ni
n. isast
ITA
Corp. Cartronmtetaf CAaracttraatM* of Wane
Oil Ctmbutoo*. pp. IS, M US. US, 13* l«t> tad
ISO. Bo* of UMM rtporti wtn pwt ot UM Aewqr't
raewd M prapaMi.
* ' TMU M odd bi PIWMMI BOI& Ooe MM tt
MM MM had * ttM UM wwi^i (MA M*MMM •!
**TI m IMUM Miubli cnMtonoe imrtHinrM
burning for those 6 teat sites would have
averaged about 90 fig/hr.
Given that it appears that the
concentration of PNAa of primary
concern are comparable in uaed oil and
virgin fuel oil and that total PNA
emissions from burning uaed oil and
virgin fuel oil are comparable, we have
not set specification leveia for PNAa.
(3) Bernini. Toluent and.
NaphthaitM. One commenter argued
that EPA did not adequately consider
the risk posed by emissions of benzene.
toluene, and naphthalene. The PEDCo
risk ssseisraent concluded that ambient
levels of toluene and naphthalene would
be leaa than 151 of the Environmental
Exposure Limit (EEL) considering
emissions from point sourcat of various
size*, from point sources clustered very
closely together, and multiple point
sources located in high density urban
areas.71 PEDCo also concluded that
ambient levels of the carcinogen.
benzene, would poae an increased risk
to the moat exposed individual of
17X 10~* (1:37.000.000)." It should be
noted that PEDCo's risk assessment it
considered conservative in some
respecta. including the assumption that
boilers burning uaed oil will achieve a
destruction efficiency of only 97%
although teat bun data indicate that
even very small boilers whan operated
properly appear to achieve 90 to 90.99%
destruction efficiency. Nonetheless, the
commenter suggested that the Agency
consider conducting the so-called "hot
spot" exposure analysis for those
compounda similar to the analysis
conducted for lead/4
The hot spot analysis considers what
may be considered truly "wont case"
situations whan two sourca* an
located cloao together, and the receptor
(expoted person) la located directly
downwind from the sourca*. vary doae
to the source* (i.a_ 29-80 maters from
the source), and elevated to the height of
the emission plume (La. aa though the
emiaaion plume wen blowing into the
air intake of a building's ventilation
system). We have uaed this scenario to
project ambient leveia of benzene.
toluene. *nd naphthalene in those
situations. Evan under those extreme
•nd very ran situations.
conservatively
deatraction efficiency, ambient leveia of
toluene ""^ naphthalene still do not
exceed 1% of the EEL for thoaa
compounda. Ambient levels of benzene
do not axaejtd leveia that would poae an
Increased risk of 1 x W? (1: 10OOOOJ. If
the destruction efficiency of benzene
were assumed more realistically to be
99% rather than 97%. the increased risk
would be less than 4x 10** (1:290.000).
Given the remote likelihood that the
modeled situations would occur, and
that risks an still not very high even
under these worst case conditions, we
conclude that presence of these
compounds does not pose a significant
health risk when uaed oil is burned for
energy recovery/*
Aa a final note, although we do not
have data on benzene, toluene, and
naphthalene levels in virgin fuel oils, we
would expect to find high leveia of
volatile benzene and toluene, in distillate
oils (e.g.. No. 2) and high levels of
naphthalene in residual oils (e.g.. N'o. €).
Given that used oil and used oil blends
an substituted for all grades of oil (i.e..
No's 2*4). the levels of these compounds
in used oil are likely to be comparable
to levels in virgin oil
(4}ASTM Specifications. A fevr
commenters suggested that EPA include
specification parameters suctt as
viscosity and bottom sediment and
water set by the American Society for
Testing and Materials (ASTM) to ensure
proper boiler operation. ASTM
specifications vary according to fuel oil
grade (e.g.. No. 2 distillate oil though No.
0 residual oil). Commenters argued that
the ASTM specifications were needed ta
ensure optimum boiler operation and.
thus, optimum combustion of used oil
which would minimize emissions of
incompletely burned toxic compounds
(e.g.. PNAs as discussed above).
We understand the issue conunenten
an raising but do not believe it is. in
fact a frequent problem. We presume,
that burners purchase fuel including
uaed oil and blends of virgin oil and
uaed oil specified by the standard fuel
oil grade that their boilers are designed
to burn. Further, we presume that fuel
oii whether virgin or containing used
oil must matt the ASTM specification*
for the designated grade or be in breach.
of contract. Thus, the marketplace
already should ensure application of the
ASTM specification. We will however.
reconsider this point if during
implementation of today's rule
enforcement official* determine that
misrepresented used oil is frequently
being sold and existing lawa an
inadequate to pnvent abuses and we>
w pw« of ito MM pratfML)
adMl la uinUOaf UM si u«/
br. (*«ra«*. WhMi the MMlM (m tfcci MM tra
indndrt. UM trtrafifNA imlMioni IOCTMM M
JOS *«/hr. SM CCA Gxp. p. itt
" PCDCO EoviraMMal *~ Alt
of Wait OH Bunuaf. p. M.
" Id- p. 5-*>
'• Id. pp. 4-JS tareutk «-41
'• AJUMofk btiMvt UMI tbt l«vtU of toltwa*
biniMii, tad a>phuwi«M do noi pmmt » huun.
wfc« uMd Mi If bwiMd (and thui iMwflcttna
Wnto ut not ruidtdl. thtw toxieanu may mil
pimni • damfleaai tasaid whm uMd ail i* none
tnd mattMmd. Wt thtrafora. cmuidcr tfraw
hutvd* whm »• t*u MOII prepoM ta tut UMO ad
u • htMTdow •*•*!•.
-------
QSWER 9951.1
49M4 Feaatti Register / Vol 30. No. 230 / Friday. November 29. 1988 / Rules and Regulations
determine that tlw pnetici en result in
substantial increases in emieatas of
toxic compound* at levels <0JN paw a
significant risk to hunwa heeJlh tad the
environment
Anotbir reason we are not addressing
this potential problem in today's nle ia
that than does not appear to ba a
aimplt rtmady. Wa cannot require that
all mad oil matt tha ASTM
specifications for a particular fuai oil
grada bacausa different boilars an
designad to bun different grada*. To
address tha problanv tha rtaponaibla
bumar must limply now that tha uaad
oil (or virgin/uaad oil bland) ha ia
purchasing maata tha grada hia boiler ia
designed to bum. Thia could ba
accomplished, perhaps, by requiring that
tha invoica or bill of sale indicata tha
grada of fuel and if nacasaary. a
statement that tha oil meets the ASTM
specifications for that grade. On tha
other hand, the burner who is trying to
save on his fuel costs may try to bum
lower grade (or ungraded) used oil
provided that his increased maintenance
costs do not off-set hia fuel savings. Ha
•is not concerned about emissions of
incompletely burned compounds. If this
were the problem, a solution would ba
to require that tha marketer determine
tha grade of his oil by ASTM
specification and sell tha used oil only
to a burner with a boiler designad to
bum that grada of oil Similar
requirements could be placed on burners
(i.e.. they could bum only that fuel oil
grade the boiler is designed to bum). We
believe that it is clear that the
implementation and enforcement of
provisions such aa these would be a
massive undertaking and would intrude
substantially on tha marketing sad use
of what ia essentially a commercial
product—used oil meeting tha
specification established in today's rale*
Before seriously considering any such
remedies, we would need to orach better
define the "problem".
(4) Other Compound*.,
commenters suggested I
compounds also be it
specification: nickel. I
sulfur, nitrogen, and pfe
of these compounds art I
reasons discussed below.
Nickel is not included in the
specification because the 90th pereentila
nickel level in used oil is lower than the
level found in virgin residual fuel oil (40
ppm).1* Although limited, data on
for the
: fruklte Atfaaum ltd. Campouoom
afUttdOiL Awn*M A: TRW CmuwMBUi
Pruptmnm DfrMi««. Trnittmnt A tmumtnt of
CtuivtntionoJ Slauoooiy Contention Syttoam
Valuato lit. Ettomol Cambutuon Sou/t» for
Elevtncily Cttvntion. Novtmb* 18SO. p. IMc US
beryllium in virgin fuel oils indicate that
beryllium levels average much lass than
1 ppm. while analyses of 283 uaad oil
samples indicata that the 90th pereentila
beryllium level in used oil ia leas than
04 ppm. (Ibid.) Similarly, limited data oa
mercury indicata that levels can range
from O008 to 0.4 ppm in virgin fuel oila
and are less than 0*1 ppm ia used oils.
(Ibid.) Clearly, beryllium aad mercury
are not found ia used oila at levels of
(and any
health risk posed) or lower from burninf
used oil than virgin fuel oiL
Levels of sulfiir and nitrogen are
somewhat higher ia virgm fuel oil thaa
ia used oiL" Thus, sulfur aad uitrofea
oxide •TMtT A number of
commenters provided suggestions oa
specification levels for the •»•*•!• for
which cj'A proposed a specification
level and for flash point The basis for
the specification levels for these
parameters is discussed below.
a. Ltad EPA proposed to select a
specification level for lead from the
range of 10-100 ppm aad specifically
requested comments oa aa appropriate
level Aa discussed ia the preamble to
tha proposal (see SO FR 1007.1800
(January 11.1965)), levels higher than
100 ppm could result in ambient leed
levels exceeding the National Ambient
Air Quality Standard (NAAQS) for lead
ia densely populated areas where
boilers are clustered together aad
receptors may be doeo to the sources.
Almoosjh 100 ppm appears to be
protective win respect to the NAAQS.
that level may not be protective because
health effects data available since the
lead NAAQS was established indicate
that lead causes serious, but apparently
noncancerous. health effects at any level
of exposure (i.e.. lead appears to be a
"nonthreshoid- pollutant). EPA ia
considering these new health effects
data ia its current efforts to determine
whether the existing lead NAAQS la
adequately protective. In addition.
EPA.tonal Wat*
Itetwrt to COBSMM. lunar i«n ISW-eetli Ytn.
P. loft Vilkovg. VUdo. Tract rimmn it
ttiitouM PttblUaias CiMM»y. 1SSS.C.'
91: tad Annhcin PttraiMa Iniunu* Tatk font
am Utiiuauom of Wata Luonoatu^ CUt October
t97S.pp.n-O.
" HfiUCO Eavtranainicl lac. A Attk
.\utnmml of Wotti Oil Summ* p. )-tl
because of the new hesl'b effects data.
EPA believes that it is rev nabie to
reduce preventable sources of lead
exposure. This policy led to the
Agency's phasedown of lead ia
gasoline by January 1.1906. lead levels
in "leaded" gasoline must be reduced to
less than 10% of the levels previously
allowed. For these reasons, we believe
that a lead specification level should be
considered that is lower than that which
ensures the current NAAQS would not
be exceeded. Thus, we proposed a level
of 10 ppm at the low end of the range.
which la the 98th percentile lead level in
virgm fuel oil A lower level waa not
proposed because used oil could be
displaced with virgin oil with higher
lead levels with no environmental
benefit
We also discussed in the proposal our
concern that a specification level lower
than 100 ppm could result in used oil
currently burned as fuel being diverted
to incineration, or perhaps being
dumped, because tha cost of blending
used oil to meet a stringent specification
could be prohibitive and because of the
difficulty of finding new industrial (and
utility) markets for oil that exceeds the
specification. If lowering the lead
spedficatioB level below 100 ppm
diverted used oil currently burued as a
fuel to iadneration. the environmental
beneflta of that policy are questionable.
It is not deer that TIT**^ vmissinns from
incineration would be adequately
controlled given that many hazardous
waste incinerators use wet scrubbers
that may not control lead emission
efficiently."
We therefore indicated that in
considering a specification level lower
than 100 ppm. the beneflta from reduced
lead •r*"**'"" from used oil burned as
foal most be balanced against the
probability of (and adverse effects from)
dumping aad the diversion of used oil
from use as a fuel to iacmaradon.
We also specifically solicited
its on three other points (in
addition to an appropriate specification
level): (1) Whether factors other than
those we considered need to be
considered in determining the lead level
that would ensure that the lead NAAQS
is not exceeded: (2) whether a two-
tiered specification, with a lower limit
for more populous areas and a higher
level for less urban locations, would be
thM -i n., „ loutM*. ln» A«ncy
-------
OSWER 9951.1
/ Vol SO. No. 230 / Friday. Nov»mb«f 29. 1968 / Rules and Regulation* 49188
appropriate and (3) whether
specification leveia far arsenic.
cadmium, tad Jiormiimi would be
necessary if slow level la promulgated
because uMd eel that fail* the
specification levels for these othir
Ettdto
itton level
metals wodd also be ex
flxcttd a low !Md spedfi
A large number of eonmanta wen
received concerning tha lead
loecification. They art discussed below.
(1) Selecting a LereJfima the
Pfopoted tunye. Moat commenton
arfued that EPA't piopueed range of 10
to 100 ppa ia too stringent Commenten
stated that it would be difficult for uaed
oil to paaa a lead specification of lew
tbaa 100 ppm. which, they aaaerted
would not only severely restrict uaed oil
burning, but lead to illegal dumping. It
wee alao suggested (by a State
commenter with subitantial experience
in regulating uaed oil burning) that a
lead specification of 100 ppm would be
unlikely to cause an exceeidance of the
lead NAAQS.
Some commenten concurred with
EPA's selected range, favoring the high
end of the rang*. A specification of 100
ppm should be acceptable ia all but the
moat danaely populated anas, according
to theee commenten.
Selection of a relatively low level
from the range, such aa 10 or 20 ppm.
waa recommended by a few
commenten. Some oppoaed allowing
any lead at all in uaed oil except ia de
minimit quantities.
(2) Phate-in a Lower Specification
Laval at Gatoline Load Lavtlt an
Lowered The majority of commenten
recommended that EPA set an initial
specification for lead at a relatively high
level and then phase ia lower leveia ia
incremental steps, tied to the EPA
mandated lowering of lead
concentration ia B*****^T •*»*•*' waa
promulgated on March 7.1988 (see 90 FR
9389 and MOO). Commenten argued that
it would be illogical and unfair for EPA
to require lead to paaa low
specificatioaa ia need oil since moat of
the lead ia neaaioal orlginatee from the
lead ia gaaoaMfcejeaated Initial leveia
ranged from StUpd la gasoline.
Suggested BBaflpnia ranged from 500-
1:000 ppm. CeVMan alao suggested
that EPA Mid a time-lag into such a
phaaedowB program, ia which a certain
minimum time after the effective date of
the March 7.1985 standards would be
allowed to elapse befon EPA would
effect a lower level for uaed oil Such a
time-lag would accommodate the delay
between the actual use of the lowered
lead ia gasoline being sold aad burned
in automobiles, and gh«"g
find d«eiioii an th» lt«d ipaaflcanoa in ih« gMfmit .,
ttudvd* ruteaaJuns. la aadiuoo, tlui IUA "
•tltrapti to pradicf uMd oil flowi «nd >U«*
ratulxory impceu o/ the orepoMd ru;«. 4»umin|
ill thn* raltouiunsi c* >n pl^ct. !>.-.•.». ,'t P.1A
irttktt (h* bM( twurapnoru pooibl* at ih* ::nu on
llM COM at coaplUnc* wiU) inociptitd con ere U far
bodM tod indu»tn«J furfuctt bununs ail- -
uMd ail fu«t Nant Ultltu. m«i
pnUnuMtr aaalytu IPIMW* 10 ladicii* ilut l*td
•pMiflaOMi Itvtl* lowtr ihii 100 ppm would b«
eo*i-«fftettv«. Th* Aftncr mimdi to rvmt «* tht (
uuJyiu. up-dtm tuufflpuoai on permit nuidard*
•nd "flow" rhinni w OKMM/T. *nd to includ* •
coaentaMm taciyii* of tht catt «nd Btntfin of
low Ind ipvoAeinoa l«v«U ia th* UA for tin
permit tuadcrdt ralanakins. la th* mitnm. ih« RJA
for (fe* neydad ail owatftotal ttindudi will bw
in IB* pobtte doekM for thai ruliauJuns oac* n it
piopexd. C0mm*atf raenvtd on ihtt portion of th»
UA d**Uag wita COM tnd o*n*r1u o( lower :««d
ipcoAddoa !•*•!« will b* conndirvd ni d«v«iopms
tht Aftney't pe«iriMi on thi* mu» in in* p«rmn
itMdwd* mltnikina.
-------
oswer 9951.1
4gia§ Federal Rafistsjr I Vol 30. No. 230 / Friday. November 28. 1988 / Role*, and Regulations
concomitant reduction ia lead levels ia
used oil We have i
impacts of imposing 4he 10s3 i
specification either immadstssiy along
with the .other speoflcatioa parameters
or in the Spring of 1988. roughly «*x
months after promulgation."Using a
data base of 143 used oila sampled in
1981 we extrapolated resulting lead
concentrations to tha 1985-88 and 1988-
87 heating seasons. Baaed on the July
1985 reduction of laad in leaded gasoline
to OJ g/gal we assumed an average
lead concantration (for laadad and
unleaded gasoline) of OJ g/gal for
gasoline affecting uaad oil to ba burned
in tha 1985-88 heating season. Similarly,
based on the January 1988 reduction of
lead in leaded gasoline to 0.1 g/gal wsj
assumed an average lead concentration
(for leaded and unleaded gasoline) of
0.05 g/gai for gasoline affecting used oil
that would be burned in the 1988-47
healing season. The average lead levels
in gasoline were estimated »*«""><"g a
ratio of 40ft leaded to 80ft unleaded
gasoline consumption for tha 1985 88
heating season, and a ratio of 374ft
leaded to 8Z5ft unleaded gasoline
consumption for tha 1988-87 heating
seaaon. (We also assumed that lead
levels in all used oils would decrease
because of tha gaaouna laad
phasedown.)
This analysis damonatrataa that delay
of the implementation of the
specification will provide time for the
lead phasedown in gasoline and.
consequently, in used oil Significantly
more used oil can pass the lead
specification in May 1988 than today.
The table below illustrates tha drop in
lead levels in used oil aa tha laad ia
reduced in gaaolina.
T*au <—Pnogsjcrao n ass at UAO Co»
CSNT*UT)ON M 1MB Oft. AS) LIAO tt AS>
OUCSO M OAaOUMSJ (»*M|
As showti only about 40ft ot tha uaad
oil can paaa tha lead specification of 100
ppm now. Delay for six months
increases the total quantity passing the
lead specification to about 80ft.
Delaying tha effective data of tha lead
specification baa a corresponding affect
on tha amount of uaad oil that can paaa
tha specification levels for all of tha
metals (La, lead, arsenic, cadmium, and
chromium). Aa shown in tha table
below, wa estimate that tha amount of
unblended uaad oil that can meat the
metals specification levela more than
doubles if tha effective data of tha lead
specification is delayed six months to.
May 1988 (La, 20» vs. 48ft).
T*ata 1
•mm OATI or TWSJ LSAO
or liismaa THAT P*a* TWSJ '
m MI MBTMJ
i a* « OMT <• «•
""
Although tha sffact of delaying the
lead specification is much lasis
mif,Mf»tt» WQCQ mid oij ig blended
with virgin oil (e-g, 59ft of uaad oil
blended T3*/2Sft with virgin oil (TSft
meet 'he >"*«"i«
"frtaklta AjMcUtw. UA. JftKtf aft Offer if
c/M lagmataiuioa of a Lad Sftafieaaaa o* tt»
.\biliir of Una OH to AM» (A* Sptotieation. |UM 4
specification in November 1985 while
89ft could paaa in May 1888). tha Agency
Is uncertain whether inbatantial
quantitiea of uaad oil will ba blended
with Ugh percentages of virgin 'oil in the
future. We believe that "virgin oil"
distributors historically have dona orach
of the blending at the higher ratios (e.g,
90ft virgin and 10ft used oil) in order to
sell the? mixture to *he nonindnattial
market aa virgin oil It la not dear.
however, whether these distributors will
continue to handle uaad oil ghren that
they woold have to comply with the
notification (and odiar) requirements)
of today's ralaa. which would make their
uaad oil management activities public
knowledge. Although blending used oil
with high percentages of virgin oil to
meet today's specification may be
tconoAcal in tha future in some cases.
especially by persona currently
considered primarily uaad oil
procaaaofBt we are concerned that it
may take some time for these heretofore
(primarily) processors to increase their
blending capacity and to find markets
for uaad oil blended with high
percentages of virgin oil (Such
"procaaaora" would essentially become
fuel oil distributors aa weiL) Thus.
substantial quantitiea of uasid oil may
not ba blended with high percentages of
virgin oil in tha near term (if ever).
Consequently, delaying tha affective
date of the lead specification ia
expected to substantially increase the
quantity of uaad oil that can meet the
metals specification levela.
In summary, we believe that a six*
month delay in implementing the lead
specification ia more responsible than
making it effective immediately, and
may, in fact result In greater
benefit >h»" immediate
implementation.
With regard to other lead
specification issues, we have decided
against development of a two-tiered
lead specification level for urban versus
rural areas in this rnlemalring.
Pni»m«»>«p» ^u g0| fupport the
approach. It would ba difficult to
develop, support, and implement, and it
would encourage burning of dirty fuels
in areas with dean air.
Specification levela for arsenic,
cadmium, **"^ chromium are m\f*
retained. As stated in the proposal we
are concerned that once lead levels in
used oil begin to drop, oil will
increasingly fail the specification
because of one of these other metals.
Without the lead specification, burning
of these oila would not ba controlled.
b. Arsenic, Cadmium, and Chromium.
In tha preamble to tha proposal EPA
stated that widespread, unrestricted
burning of used oil in boilers can result
in a substantial increase in ambient
levels of tha metals arsenic, cadmium.
cad chromium since 30-73ft of the
metals in the fuel can be emitted.
Because these metala are carcinogenic,
and thus, have no known threshold or
safe level of exposure, these incnssed
ambient concentrations would cause an
increased risk of cancer to exposed
individuals. Specification levela were
baaad on levels of these metala found in
dirty virgin fuel oil (La, 95th percentile
metals levels) because we argued that
(1) Higher levels could result in
substantial risk (La, 10*4) given that
large numbers of persona in urban arwas
are exposed to emissions from
nonindustrial boilers; and (2) lower
levela could result in dirty virgin futi o
-------
OSWER 9951.1
Federal lUfjatar / VoL 50. No.- 230 / Friday. November 29. 1988 / RuJet and Regulations 49187
argued that the specification levela
selected oa tat baata of the 98th
pereentik ia vinja oil wtn too
stringent tad !*t"ftjT*rt'*itT **
However, we believe that •••"•^••f all
chromium compounds ean'tteQ fraai
burning used oil ia boilan an
hexavalent chromium ia a conservative,
but reasonable assumption. Ibid
Although it ia likely that a mixture of the
two forma ia emitted, information ia not
adequate to apaatff the form or the
relative quaatatfai of each, Ibid. EPA haa
initiated aa exansjre study to better
understand tsansseaat of hexavalent
chromium aasl istal thf ouiiuia being
emitted from major soorcee i^Hn^m
coal and oil fired boilers and muaiciple
incinerators. la addition. EPA haa
formally called for information oa issues
pertinent to the risk posed by airborne
/*hrrrinimn>Tfnissiflfia ^nfliwilne? (i) Are
then advene health effects associated
with exposure to trivaleat chromium?;
(2) does trivaleat chromium transform ia
the atmosphere or In the environment to
hexavalent chromium and vice verse?:
aad (3) what ia the relative quantity of
hexavalent and bivalent chromium
emitted from chromium sources? Ibid.
The Agency, however, cannot
postpone regulatory action, given
especially that used oil *****t*i
significantly higher chromium levels
thaa virgia fuel oil Until more
information ia available oa these issues.
the Agency will therefore continue to
assume that '•h*"""""" ttnissinns are in
the ha««n«iati» form.*1
c Flafh Point, Uaed crankcase oila
fmn of coataminated with highly
ignitable
•• SM 0A'( ptaito Mttet of toMM • UM
Oirtmttm at Hamltut Qatmttm »» e
Haanfew Air PoiteUM (10 n MH7-1S (Jm» ta
19SS)).
aa henaene. toluene, aad xyieae from
engine blow-by. Used oils can also be
mixed after use with gasoline or other.
highly ignitable *"****'**/TgmH
solvents such aa xyieae. Evea low levels
of contamination with these low flash
point compounds can reduce the dash
point of used oils, normally greater thaa
200*7. to levela lower thaa 100*F. Nearly
7% of 660 used oil samples had a flash
point below 100*F.M
EPA proposed a specification of 100*P
because it ia the American Society for
Testing aad Materiala' (ASTM)
minimum flash point specification level
for virgia fuel oila. EPA reasoned that •
buraon an not accustomed to henfiHTtij
such fuela and so used oila with a lower
flash point may present significant
hazards during headline *n*j storage.
Thus, such low flash point oils need to
be controlled. EPA specifically
requested comment on whether such
low flash point used oila should be
regulated aa off-specification used oil
reel aa proposed, or aa hazardous' waste
fuel.
One MnaflifitTr argued that low ^*fh
point need oil should be subject to
regulation as hazardous waste fuel to
provide adequate controls during
storage and transportation. While share
the commentsr'i concama. we have
decided that low flash point oil should
be regulated aa off-specification used
oil not hazardous waate fuel. This final
rule ia therefore the first step ia the
Agency's efforts to regulate the blending
and burning of hazardous waste and
used oils fuels. Storage aad
transportation controls far used oil.
including off-specification used oil
burned for energy recovery, an soon to
bo proposed aad controls (La., permit
H'See the/OS. OA. Ti»Air raua fnUta at
OnUnittti Stattf Aa AM/)** of Conor Aicto far
SMtot* foilatma. May 1MB.
M FunJUM AMBBUM* Ltd. CaaptaiHn* of Uud
OIL AppMdiB A.
standards) oa the-actual boning of -
hazsrdoua waste and off-specification;
used oil fuels an scheduled to be
proposed in 1988. Thus, we believe it
may be confusing to the regulated
community sad may preempt regulatory-
options in these future rulemakings to
subject ia piecemeal fashion used ail
off-epedficatioa only for flash point to
regulation as hazardous waste fuel A* •
matter of fact the recycled oil
management standards propose that
used oiL including off-specification used
oil fuel be subject to the same
substantive storage and transportation
controls for hazardous waste in many
situaooaa.
Aa a final note on this point low flash:
point used oil cannot be presumed to bet
hazardous waste under the mixture mist
(iA. because the oil is mixed with
ignitable hazardous waste). As
explained ia section FV.BJ above, the
low flash point may be attributable to
low flash point constituents of gasoline*
(e.g~ benzene, toluene, or xyiene) added
to crankcase oil during use. .•
Several .commenters argued that a
specification level of 100 'F is
inconsistent with the definition of
ignitable hazardous waste that uses a
flash point of 140 *F or below to define
ignitability. See 40 CFR 281.21. We
explained at proposal the basis for Che
difference. See 50 FR 1699. n. 5& The 149
*F flash point limit defining an ignitable
waste wee based primarily an the
hazard posed during land disposal.
Given that virgin fuel oils can have a
flash point as low as 100 *F. we believe
that ased oils with flash points of ICO 'F
to 140 *F pose no greater hazard than
virgia fuela (provided, they meet the
other specification limits).
O. Caammtt on AJJowing Blwdiag to
Afttt tht Specification
The Agency received a large number
of comments for snd agtinit allowing
blending of used oil to mt«t •*• used oil
fuel specification. Operator* sf used ad
renfineries and some State
environmental officials argued jgainst
allowing blending pnmaniy Because: (1J~
Blending does not reduce irit -otai
quantity of metals emitted from o»*d oil
burning ia an urban ar«e—blending
limits the emissions from .ncLv-iaual
sources but allows (in ttieonr1 a arger
number of sources to ourn traded 3d so
that the same quancry ?f -*»4 ati.»
burned annually, in a g>v*a tree ccd the
same quaatity of metais are te&itted):
aad (2) allowing blending ?«ete« aa
economic disincentive 'o rv«ev« metals)
from used oil by rerenatnj o produce
lube oil (sad a low-mem con'ret *u«t
-------
49188
OSWER 9951.1
/ Vol 90. No. 230 / Friday. November 28. 1968 / Rota and Regulations
by-product)** because h>***«| for
marketing u fuii i» ohm man
profitable thin substantial pneeeaing.
On us other hand pfOCs9iM>»aad.
blenden argued that bleadfaf should b*
allowed because it result* ia eeeed oil
fuel product that in general, poeee no
greater health risk than virgin faetoila.
They argued further thai grossly
contaminated ua«d oil cannot be
economically blended to meet the
specification and will go to rerefinen for
production of lube oil or to industrial
boilers and industrial furnace* for us*
as a fuel"
Processors and blenders also argued
that without blending, alternate markets
may not be available to handle the used
oil diverted from burning potentially
leading to advene environmental effects
(see section IV.C3 above). Industrial
boilers and industrial furnaces may not
be able or willing to bum off*
specification used oil given the Agency's
plans to regulate such burning
(beginning with the notification and
other administrative controls provided
by today's rule). Further, rereflners
cannot be presumed to be an unlimited
outlet for used on. Aithouah many
rerefineries are opera ong oeiow
capacity today, and could perhaps
double'their capacity within a few years
to handle the increased supply if
blending were prohibited, profitability of
rerefining depends on more than aa
available supply of used oiL Marketing-
factors such as demand for recycled
lube products and price fluctuations in
virgin lube products (resulting from
fluctuations in crude oil prices or other
factors) are also critical These
marketing factors may have played aa
large a role historically in limiting the)
viability of used oil rerefining aa has the
problem of inadequate supply of used oil
feedstock due to competition from the
largely unregulated used oil fuel market
Thus, processors and blenders believe
that without blending, neither th*
industrial fuel market nor the) rerefining
market would be able to
oil that would exceed th*.
The Agency agrees wil
by both sides. The nil*
encourage blending, b
disincentive to remove
rerefining. and blending par
defused
" One* uj*d o!• U
ii conttdmd mar* profitable 10 funtar ptecaii &•
oil 10 produc* luto ml radMr IBM to MI** it M
•• PMtmul hMwds »eMd by bwriBf of oO>
iptafluuoa uMd od in UMM iiu*j halogenated
waste*, ia protective perse.
Other commenten opposed an
outright ban on burning used oil in
nonindustrial boilers. These commenten
were concerned that a ban could leed to
illegal dumping or incineration of used .
oil with advert* or uncertain
•rvironmental trade-offs. For reasons
uscussed above, rereflnery capacity
and the industrial fuel market may be
inadequate to handle used oil diverted
from nonindustrial boilers under a ban.
Today's ml* therefore allows burning
of used oil meeting th* specification in
noniaduatrlal boilers (or any other boiler
or industrial furnace) for a number of
reasons. We continue to believe that the
specification, ia contraction with the
rebuttabi* presumption of mixing, will
detect and control used oil illegally
adulterated wim hazardoua waste. See
50 FR 1083. a. 28. In addition, these rule*
have been developed with an
undemanding of th* current practices o-
the industry and should result in cost-
effective enforcement Specifically, the
controia an focused primarily on th*
several hundred marketers of these fueir
rather than th* potentially thousands of
burners. Toe** marketers must
deter"*'*** whether they an hanriHnj
hazardous wast* fuel off-specificaaon
used oil or unregulated used oil that
meets the specification, and must
manage the fuel accordingly. The
rebuttable presumption of mixing
hazardoua chlorinated waste with used
oil and the use of oil fuel specification
will enable both marketen and
•Naoaaai
US. OPA.
of Warn
in &
O
taWMf^iw
ISM «t the New York Ouabw of
•aetedMoy, New York (VohMMLQ.
ociterffaeMariMr is-itisMMth*
OMIT COTOTMH CAW. CodMA. N^»
YorkfV.
-------
OSWER 9951.1
/ VoL SO, No. 230 / Friday. Novonbev 29. 1988 / Role* and Regulations 481t
enforcement offldala to make • dear.
objective itaaasiBiiailni of the type of
fuel in quarto* and thus, the applicable
contrail. PurtJsar, dM tracking system for
fuel shipaaaav and oil analysis
requirementa, ad rocordkoeping
requirement) «r» intended to foster
efficient end effective enforcement
It ihoold be noted that in response to
common ters concerns about
anforceability and tnekinf of used oil
that meete the specification. today1! rule
expaada the recordkeeping raquiremanta
for uaed oil meeting the specification. In
addition to record* of analysis required
by the proposed rule, the person woo
first claims used oil fuel meets the
specification must alao keep a record of
pertinent information regarding the
shipment of the used oil inrinrilngr name
and address of the receiving facility,
date of shipment and quantity shipped
See | 28&43(b)(a)(i). This will enable
enforcement officials to track
movements one step beyond the initial
marketer. We considered applying
recordkeepinf requirements to all
subsequent marketers (04. distributors)
until the used oil fuel is ultimately
burned. We decided not to. however.
given that the used oil foal poses no
greater risk than virgin fuel oil and. once
it enters the commercial fuel oil market
should not be regulated differendy than
virgin fuel oiL (We note, however, that
subsequent adulteration with hazardous
waste or off-specification used oil
makes specification used oil subject to
regulation as either hazardous waste
fuel or off-specification uaed oil fuel)
Moreover, in response to commenters'
concerns discussed above, we reasoned
that hazardous waste could be illegally
nixed with rirgia fuel oil aa wall aa
with used oil fuel and sold to
nooindusMal boilers, («*-"""T"'f of the
Stale of New Jersey illustrate mat this
type of illegal mixing la presently
occurring.) Thus, the risk of adaitaring
legitimate fuels with hazardous waste is
not unique to aaad oiL In light of these
consider*!
reason to
used oil faei
la no compelling
specification
nonindua
a ban on burning in
F. Analytical Teettat to Ueaoaetrate
Compliance with Specification Lereie
and the Rebuttable Presumption
At proposal. EPA indicated that
general guidance on sampling and
anaiysia is provided in EPA, Tnt
Method* for Evaluation Solid Watt*.
July 1902, SW-848 (US. GPO). So* 50 FR
1708. EPA indicated farther that the
Agency is revising digestion procedures
recommended by SW-848 for organic
liquids prior to determination of metals
concentrations. We were aware that the
digestion procedures specified by
Methods 3030 and 3090 do not result in
good recovery of metals in some oily
matrices. Finally. EPA indicated at
proposal dut it waa verifying the
accuracy and precision of two field tests
for total chlorate that are quick and
Inexpensive aa adaptation of the
Beilstein flame colormetric teat and a
field test Idt using chemical colormetric
procedures.
A ttumoar 01 commentars requested
that EPA specify acceptable analytical
procedures for halogens, metala. and
flash point and to prescribe acceptable
testing frequency. Several commenters
also indicated that the a«4i«*t
-------
Federal Reftotar / VoL sq No. 230 / Friday. November 29. 19M / Rule* and Regulations
4919f
not lessen the burden to rebut the
presumption of mixinf if ia test the UMd
oil wen found, for exampit bf EPA
enforcement officials, to coatsia men
than 1000 ppm of total lislusjsBi Clvaa
tht profitability of mixinf hasardous
waste with UMd oil (i.«- charging .
generators for w««tc disposal and"
selling tht waste, afttr bltnding with oil.
at a fuel), tht naturt of tht industry (s*t
note 85). and paat practices of illegal
mixing of hazardous wtatt with uatd oil
(see nott 84). tht Agtncy will not
necessarily accept any claim or
certification from any party. Nor would
such an approach bt consistent with
othtr long-established hazardous wutt
rule*. See. e.g, 40 CFR 202.11
(generators muat determine if their
waatti art hazardous and art in
violation of regulations if their
determination.is erroneous). We think
that the rebuttablt presumption
promulgated today provides an
objective means of distinguishing
between used oil and hazardous wastt
whenever a question exists and we plan
to use tht presumption routinely during
inspections of used oil facilities.
When a person first claim* uatd oil
fuel meets tht specification, today's rult
requires .that he obtain an analysis or
other information to support tht claim.
Thus, testing ia not specifically required
to demonatratt compliance with tht
specification. (Ordinarily, however, wt
expect that testing will be uatd to
demonstrate compliance.) Tht "other
information" could include personal.
special knowledge of the source and
composition of tht used oil" or a
certification from a generator to the
processor claiming tht oil meets tht
specification. As explained above).
however, if a person who claima uatd oil
fuel metis tht specification baaed oa
"othtr information" and tht)
determination ia found to bt erroneous
fi.e.. if testing reveals that tht oil faila
the specification), ht ia in violation of
the regulation*.
It should be noted further i
marketer claima used oil i
specification when in i
when analyzed by EPA <
enforcement officials at i ^
ultimately burned, it ia not a7!
that tht recipient (or iiihaaqimil
recipients) reasonably believed the oil
•• Rtpntod tMiias may net b* wafruttd ia
tvtrr uiiMUoa. Par «M«pi* « ammor who bam
on-lit* hu UMd oil that totaiM thaw* ana th*
ifMaflcaaoa any «J*ct to •Uariaatt or nave* the
rnoumcr of iMaas it far MM** ft* pracMW
IIMI «OTWM« UM oil da oai duat» !• ifcte CSM. ite
ftiMratori* mut "adMr lofomauoar ia UM of
(nuns. NoiMtB*!***. if hu dttcrauaabaa i*
tiraiMou*. h* it IB violattoa of UM ntuutMM. u
•*plain*d in th« i*xt
out the specification. (Agate, thia
approach ia identical to that uatd for
hazardous waste.)
EPA and State enforcement offldala
alao have the authority under RCRA
section 3007 to enter the premises of a
person believed to be !•••««<••, used oil
fuel (Induding track* ia the proeeaa of
transport) and to collect samples of fuel
oil. irrespective of whether the person
reasonably beiievet his used oil fuel •
meets the specification, for the purpose*
of determining compliance with the
marketing requirements of today's rule.
Tbm a person may not deny acctse
because he believe* the used oil fuel he
manage*, meet* the specification and ia-
no loafer subfect to regulation.
. The
frequency of testing neceuary to ensure
conformance with today's role* will
vary from situation to situation
depending on factor* including: (1) Type
of. and change* ia source* of used oil:
(2) historical results of testa; (3) tank
filling and drawdown practice*: and (4)
tank capacities). Although today's rule
doe* not necessarily require that each
incoming shipment of used oil be
analyzed for conformance with the
presumption of mixing, or that each
outgoing shipment of specification- used
oil fuel be analyzed for conformanca
with the specification (or that teating be
conducted at all), the marketer muat be
satisfied that each such shipment so
conform*. Ia short testinf mutt be
conducted a* often a* necessary, and
the burden i* necessarily on the
marketer to determine how often ia
often enough. (Thia i* comparable to a
generator's responsibility to determine
whether the wastes he generate* are
hazardous See 40 CFR 262JZ]
Therefore, we believe it ia not
practicable to prescribe a testing
frequency that i* appropriate for all
situation*.
IV. Regulation o/ Comb
Some commeaten asked whether
recidueJ* (e.g~ fly ash. bottom ash) from
burning hazardous wast* or used oil for
energy recovery are subject to
regulation a* hazardous waste. Unles*
specifically excluded from regulation a*
huardou* waste aa discussed below.
such residual* are hazardous wa«te i£
(1) The residual* (from burning either
huardou* waste or used oil) exhibit a
characteristic of hazardous waate: or (2)
the residuals result from burning listed
hazardous wa*te and thai residual ha*
not been "delistod" under petitioning
procedure* of I 28O20 (see 12flJ(c)(2D.
Thew are not new requirement* (and
are not being revised in any manner by
today'* rule*). These residual* have
been subject to regulation aa hazardous
wa*tt sine* the RCRA standard* were
promulgated ia 1980. Although the
actual burning for energy recovery i* a
type of recycling currently exempt from
RCRA regulation, the exemption doe*
not extend to solid waate generated by
recycling.
RCRA Section 3001 temporarily
exclude* specific combustion residuals
from regulation a* hazardous waste. The
exclusion i* codified at f 2B1.4(b)(4) and
applies to residual* from combustion of
primarily fossil fuels. The Agency ha*
temporarily interpreted this exclusion to
mean that the followinf solid wastes are
not hazardous waste*: "fly ash. bottom
ash, boiler slag aad Sue ga* emission
control waste* resulting from (1) the
combustion solely of coaJL oil. or natural
gas. (2) the combustion of any mixture of
these fossil fuels, or (3) the combustion
of any mixture of coal and other fuels.
including hazardous waate or used oil
fuels, up to a 30 percent mixture of such
other fuels." Thus, until the boiler aad
industrial furnace rule* address this
issue ia 1986. residuals from burning the
fossil fuels oil or gas with any quantity
of hazardous waste fuel or used oil fuel
are not excluded from regulation under
1281.4(b)(4). Residual* from burning
coal aad up to 509 hazardous waste
fuel, however, are excluded."-"-"
" Takoa tnm naraoyondinc* (root Guy N.
DUtnci. Aaaocui* Ovpvty AMUUBI Adouaumior
for Solid WMML EPA la P«ul Eoicr. |r. Quimua.
Utility Solid WMM Actmttai Group. s«B*r«Uypra.
M HMO* iwidMk aey IB ba
only
i (ud ladoMiwl touen|
an ODMtad to M
ifflcioBcy. Th* Asoacy it ooandinsf duha*
drrotopOMOi of UM pmul tuadtrdi for boikn tnd
iaduMri*! AinucM aMdifyla* th* donv*d-from ml*
to *M*ist aoaehanetoruae fttidtuli ia CM**
•tar* «• m etruia that noidiiili do oot conuia
MSBifleiBi l*«*i« of (OBta orstBicB.
•• W* BOM IBM IB* MrtBBlOBI (ftWB ntuUlWB 4*
hanrdoo* oawtl foreortala lars* volaiM waat**
prodiicsd by faoUo** oador dM ••anaia* WMM"
txdaoMB of 12Bt.«|bN1 May apply M oMiaia
iadMtnai AMMOM bwma* h«i*frto«* w**t* or
UMd oU. Aay md Mdu»MB» apply (poadta*
d*v*iopBMM tt ta* bailor aad iaduoMj Iwaac*
pomrt tMSdardsl iiriipinii i of whMhar tat
davtett b«n haawdoiM va*M or tiaod oil for *a*rsy
roewwy S"*" the Ukaly tflaet of dUuUoo of aay
or u*od od. SiBHlaruy. BM «d««toa far COBMBI kila
duM pimldsd by I an.4(bNS| appnot iiTwpoetiv* of
whMasr in* UiB bMM hMardOM watt* or uaod oil
-------
OSWER 9951.1
FsxistsJ Register / Vol 50. No. 230 / Friday. November 29. 19B5 / Rules and Regulations 49191
EPA also ta providing that residues
from bureiasj hsBardous waste fuels that
art exempt froei regulation under
i 26l.9(aH3)(vMlx) (La. hazardous waste
fuels derived froen petroleum indiutry
waste*, petroleum coke derived from
certain petroleum industry hazardous
waste, and coke and coal tar derived
from steel industry decanter tank tar
sludge) are not covered by the derived
from rule. With retpect to burning
petroleum industry fuels derived from
petroleum industry wastes, these fuels
may be no different in composition than
virgin fuels (at least when low volumes
of wastes are introduced into the
refining process). See sections OLC.1
and 2 above. Under diese
circumstances, wastes from burning
these fuels also would be no different
than from burning virgin fuels, so the
derived-from rule should not apply.
EPA is exempting from the derived-
from rule wastes from burning.
petroleum coke to further Congressional
intent that the coke is subject to
regulation only if it exhibits a
characteristic of hazardous waste.
RCRA section 3004(qJ(2)(A). Thus.
consistent win i 281J (c){2) and (d)(l).
wastes from burning the coke should
only be considered hazardous when
they exhibit a hazardous waste
characteristic. With respect to the iron
and steel coke and coal tar. EPA has
found that these waste-derived fuels art
not significantly different than- the virgin
fuels for which they substitute (and that
the organic toxicants in these fuels are
likely destroyed by burning as well).
Thus, the denved-from rule should not
apply to the waatee from, burning, which
also would be comparable to me wastes
from burning virgin TT^T •**** m>eJ tar.
V.
iforDe
Burned Cta Sit*
Several commenten suggested that
EPA establish • dt minima quantity of
off-specificadoB esed oil fuel and
hazardous wajsaajiJsMi that could be
burned wtltsfJfcijDiation. Although
commentas^^Kled various quantity
levels to ejat^Hb en exemption, the
majority niMgfcfada limit of OS-1*
boiler or Industrial furnace. Some
commenten also urged EPA to institute
a permit-by-ruie program for facilities
burning small quantities of hazardous
waste fuel or off-specification used oil
fuel that are generated oa-eita,
Section 30Q4(aj(2)(B) of RCRA
explicitly allows EPA to exempt
facilitiee that bun d» minima quantities
of waste as fuel provided that the
wastes are generated on-site. are burned
for energy recovery, and are burned in a
device with sufficient destruction and
• removal efficiency not to present s
significant risk to human health and the
environment EPA is presently
•gamming the issue of dt minima
burning in developing the Phase Q
permit standards for owners and
operators of boilers and industrial
furnaces. Although we may propose to
exempt d» minima quantities from the
Phase Q permit standards, the basic
administrative controls promulgated
today (e.g* notification) would probably
still apply to on-sita burning."
Therefore, today's rule does not provide
a d» minima quantity exemption since,
for industrial burners, the rule only
addressee these administrative controls.
A few commenten argued that
hazardous waste fuel and off-
specification used oil fuel burned on-site
should not be subject to regulation
/rrnpectrve of quantity. These
commenten argued that storage of
hazardous waste fuels is adequately
controlled by State and local
governments and that burning of either
hazardous waste fuels or off*
specification used oil fuel is adequately
controlled by State or local air pollution
permits. We find these arguments
without merit The hazards posed by
handling «mj burning *"Mpdfl*it waste
fuels and off-specifieatioa used oil fuels
are **i**ttantlal ""d essentially the same
irrespective of whether the fuels wen
generated at that site. EPA has made
this finding for yean with respect to
other hazardous wastes, and no
arguments have been presented
Hi«hftyii«Kit»j hazardous waste fuels
from all other hazardous wastes •
managed on site. The commenten'
' w was rejected, hi the
legislative history to the H3WA. See 3.
Rep.9eWBt9fthCang.2ndSeee.at30,
Moreover, the storage of hazardous
waste fuels and the burning of either
hazardous waste fuel or off-specification
used oil fuels can pose much greater risk
to human health and the environment
than storage and burning of virgin fossil
fuels. State and local controls on storage
and burning of virgin fuels are not
intended to provide the level of control
of releases of toxic constitusnts from
storage facilities or from boilen or
industrial furnaces that EPA's
regulations will provide, starting with
today's final role.
"•m
of «Md oil tai AllhHek Manes «t
tut li iieiliMd Iff indsy'i nto
i WMM by sumiMi (M I aU4|.
fvrdttt. MUil qtuottty (tavita
i fro« xans* tuadutfs«
PART THREE: COMBUSTION
DEVICES THAT ARE REGULATED
L Overview
In this section, we identify boilen and
industrial furnaces subject to regulation
and distinguish between nonindcstriat
boilen and industrial or utility boilers.
We also explain the basis for regulating
nonindustrial boilen immediately in
advance of controls for industrial boilen
and industrial furnaces. In addition, we
discuss how these nonindustrial boiien
can continue burning hazardous waste
when they operate under permit
standards for hazardous waste
incinerators. Finally, we discuss
controls for used oil space heatan and
.EPA's intent to provide additional
controls for these devices in the
mleroaking proposing permit standards
for burning in boilen and industrial
furnaces scheduled for 1966.
0. Regulation of Boilen
A. BatiM for Rtgulating Botltn by3oiJtr
Ust
Today's rule prohibits the burning of
hazardous wests and off-specification.
need oil fuel in noninduatrial boilers
(e.g. located in apartment and office
buildings, schools, hospitals) and. for tha
time being, continues to allow bunting ci
such fuels without substantive controls
in industrial and utility boilen (and
industrial furnaces). As EPA stated at
proposal the rule singles out
nonindustrial boilen because burning
hazardous waste fuels and off-
specification us»d oil fuels in these
boilen can pose the most significant
and immediate health risks. See 50 FR
1687-1668 and 1701. & S3. Nonindustrial
boilen 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 fuels the boiler t»
not designed to bum. Further, virtually
no nonindustriai boilen are equipped
with emissions control equipment that
would control (at least to some extent)
metals emissions, while many industrial
furnaces and some industrial boilen an
so equipped. The risks from emissions oi
Incompletely burned toxic organic
compounds and toxic metals from
nonindustrial boilen is compounded
because these boilen an typically
located In urban anas when sources
an frequently clustered closely together
Thus, emission plumes from numerous
sources can overlap and increase
ambient concentrations of toxic
compounds. Further, individuals can be
exposed to high ambient levels of
emitted toxicants because they can be
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OSWER 9951.1
49191
/ Vol SO. Na 230 / Friday. Nov«mb«r 29. 1988 / Rulw and Regulation*
located close to the i
exposed to the even higher I
levels above-ground (e.g. if the)
individual is exposed to abute yound
air through a window in a mnltt-story
apartment or office building).
EPA also stated at proposal that there
may be many situations when
industrial (and utility) boilan and
industrial furnaces can burn haxardous
waata fuel or off-specification used oil
fuel without posing significant risks. See
SO FR 1668. For example, large boilen or
industrial furnace* may be operated by
trained openton and equipped with
combustion controls sophisticated
enough to maintain peak combustion
efficiency when burning fuel* the unit la
not designed to bum.
Further, many industrial furnace* and
some boilen an equipped with
paniculate control equipment that may
adequately control emission* from
metal-bearing wasta fuels. The Agency
haa recently completed a testing
program to determine under what
operating condition* boilen and
industrial furnaces can bum waste fuela
without posing significant health risk*.
As a result of that effort EPA plane to
propose technical permit standard* for
burning haxardoua waata fuels and off-
specification used oil fuela in boilan
•mj industrial furnaces in iQfjff tmitimm '
into account when and how these
wastes can be burned safely in these
devices.
One commenter questioned whether
burning haxardoua waste fuels in s
nonindustrial boiler is prohibited if the
boiler can comply with the permit
standards for haxardoua waste
incinerators. Other '^"••"••ten
suggested that criteria other than boiler
use (e.g. boiler sixe) should be used to
identify those boilen subject to the
prohibition. These issues an discussed
below.
l. Conditional Exemption for
Nonindustrial Boiltn Buntt]§
Hazardous Waits FbsL 1
at proposal that then i
nonindustrial boilen I
haxardoua waste fuela («
location) effectively due tg^ajett*
operating condition*, typo of hacardou*
waste fuel etc. To allow such burning to
continue. EPA said that the owner or
operator must comply with the
haxardous waste incinerator standards
of Subpart 0 of 40 CFR Part* 284 or 288.
See SO FR 1688. The owner or operator
must also comply with tha requirement*
for bumen In today's rale (e.g. storage
standard*). See 128808. We an making
a conforming ****&»•*» to Subpart O
to make clear that this possibility exist*.
Owners and operators of
nonindustrial boilen currently burning
haxardoua wast* fuel an eligible for the
interim status incinerator standard* of
Part 288 because they first become
subject to those regulation* today.
Those interim status standard* will
reduce the hazard* posed by theee
operations by prohibiting burning during
start-up and shut-down and by applying
the general facility standard* (*.g,
closure, fl"«""«i requirements) for
haxardoua waste management facilities.
The Regional Admmistntor haa the
discretion to permit these facilities
under Part 284. Subpart O (and
applicable storage provisions) by calling
In their Part B permit appUcarlona. We
do not expect however, that
nonindustrial boilen that continue to
burn haxardoua waste fuel under t&a
interim statue standards of Subpart O of
Part 288 will be formally permitted
under Part 284. except in exceptional
orcumstancss. Rather, we expect that
any such nonindustrial boilen would be
ultimately permitted under the permit
standard* for boilan **"^ industrial
furnaces to be proposed in early 1988.
Those permit standard* will likely
control •"•<-"««'t of toxic organic*.
toxic metala. and hydrogen chloride. We
believe the standard* would be
protective when applied to any device—
e.g, industrial or noninduatrial boilan.
Moreover, those boilen and industrial
furnace standard* will be equally or
mom protective than tha incinerator
standard* under Subpart O of Part 284
(e.g_ the Agency may propose direct
control of metals emissions from boilen
and industrial furnaces while particulate
controla an used for incinerators to
indirectly control metals).
2. Considmtioa of Otner Criteria for
Idtatiffiat Boiltn Sub/set to thi
Pr&iibitioa* At proposal EPA
explained why the prohibition* on
burning haxardoua waata fuel and off-
specification used oil fuel would apply
to boilen baaed on boiler use the
prohibitiona would apply to
noninduatrial boilen. Burning these
fuel* in%oninduatrial boilen can pose
substantial and immediate risks for the
raasons discussed above. EPA
explained further that it plan* to
propose permit standard* in 1988 for
industrial and utility boilen and
industrial furnaces. Nonetheless. EPA
specifically requested comment* on
whether small industrial boilen should
also be prohibited from burning
i waste ^fi iilTispei tflr•tinn
&4
tv
used oil fuels, given that very small
boilen. whether industrial or
noninchutriaL may typically ba
equipped with lea* sophisticated
combustion controls and may be lese
rigorously operated and maintained to
achieve peak combustion efficiency.
Many eommenten said that large
nonindustrial boilen can burn
haxardous wast* fuel a* efficiently as
large industrial boilen and should not
be prohibited from doing so. These
eommenten apparently did not
understand that EPA said as much in the
preamble to the proposal and said that
these boilen may continue burning
haxardous waste fuel if they comply
with the standards for haxardous waste
incinerators, until we promulgate permit
standard* for boilen as discussed
above. We believe that it is reasonable
to require such aonindustrial boilen to
comply with the incinerator standards
now and postpone regulation of
industrial boilen until we promulgate
permit standard* for boilan because
nonindustrial boilen aa a class an
likely to pose gnater risks because they
an man likely to be located within
densely populated anas. (Although
industrial boilen an frequently located
in urban anas, nonindustrial boilan are
almost always so located.)
Many eommenten argued for and
against prohibiting burning small
industrial boilen using the issues EPA
discussed in the preamble to the
proposal See SO FR at 1700-1701.
Today's rale doe* not prohibit burning
in small industrial boilen. Although it
can be argued that nonindustrial and
industrial boilen of the same sixe are
likely to burn haxardous wast* fuel with
similar destruction efficiency, we
believe that nonindustrial boilers as a
das* pose a gnater hazard for the
. reasons given above. Thus, as discussed
above and at SO FR 1687-1688. it is
reasonable to nquin aonindustrial
boilan to comply with the incinerator
standard* now and postpone regulation
of industrial boilan until we promulgate
permit standards for boilen.
Seven! eommenten recommended
that EPA prescribe design and operating
condition*, or yn f*M inanr^ standards, or
consider boiler location rather than
prohibiting burning in particular devices.
The permit standards for boilen that we
plan to propose in 1986. in fact would
use performance standard*, or
alternative operating conditions, to
permit burning of haxardoua waste fuel
in any boiler. However, until those
standard* an promulgated.
noninduatrial boilan will be subject to
the conditional prohibition for the
reasons given above.
Boiler location has been considered in
supporting immediate regulation of
nonindustrial boilers—they an typically
located within highly populated areas.
Persona In lea* densely populated areas
would have a lower exposure: thus, we
could use site-specific risk assessments
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OSWER 9951.1
JUgtotar / Voi: SO. No. 230 / Friday. Novtmixr 2911968 / RuJa* tad Regulation* 491
to support aitajBathro, reduced controls.
Civta tat caa*plvdtT of quantitative
risk asse*o0M*ta (Le, assessments that
are used to support particular control*
for particular facilities) and the numbar
of boilen that bora .off-specification
used oil fuel and hazardous waata fuel
a regulatory program bated on *ita»
specific risk assessment would be
difficult to implement with current and
foreseeable resource*. Thus, we have
not included a variance procedure based
on risk assessment in today's raia.
8. Definition of Industrial Boiler
Today's rala. like the proposal uaaa
the terms industrial boilers, utility
boiler, and industrial furnace to identify
combustion devices that are not
nonindualrial boilers subject to the
prohibition. We believe it is leee
confusing to define the devices that are
not sub/act to the prohibition than to
attempt to derlne and identify the
various types of nonindualrial boilers
(e.g. residential commercial.
institutional).
EPA defined the term "Industrial
boiler" at proposal as any boiler that
produce* electric power, steam or
healed or cooled air. or other gases or
• fluids for use in a manufacturing
process. Further. EPA has defined
"boiler" aa aa enclosed device using
controlled flame combustion and having
specific characteristics including' (1)
The combustion chamber and primary
energy recovery section must b* of
integral design (e.g., waste heat recovery
boilers attached to incinerators are not
boilers): (2) thermal energy recovery
efficiency must bt at least 80ft and (3) at
least 75ft of recovered energy must be
'exported" (I.e, not used for internal
use* like preheating of combustion air or
fuel, or driving combustion air fana or
feedwatar pumps). See 30 FR at 881 (Jan.
4.1983).
Some commenters resetted that EPA
include in the) daflaition of industrial
boiler thoaa)
located
energy
than
that that*
which an physically
of a
but which recover
heating rather
Commaotars argued
1M often the same
size and are openlad no differently than
other boilers at the facility producing
energy used for actual manufacturing.
Further, such boilers an often located in
industrially zoned areas, thus reducing
the probability of large numbers of
persona being dot* to the source and
being axpoaed to above-ground level
concentration aa would be typical of
many nonindustrial boiler*. Thua.
commenten argued that sine* the
burning characteristic* and risks are
similar for all boilers located at
manufacturing fadUtie*. the boilers
should b* regulated in tha same manner.
EPA agree* and ha* amended the
regulation* accordingly. Section
288Jl(b)(2)(i) ha* been modified from
proposal to define1 an induacrial boiler aa
any boiler located on tha site of a
manufacturing facility.
Although we believe this definition of
industrial boiler will enable tha vast
majority of boiler owner* and operator*
to clearly categorize their boiler*, than
may be situation* whan it la not so
dear, if aa owner or operator ia not sun
whether his boiler meets today's
definition of Industrial boiler, ha should
contact the Regional Administrator for a
determination.
C Definition of Utility Boiler
EPA defined utility boiler* at proposal
as boilers used to produce electric
power, steam, heat or cooled air. or
other gas** or fluid* for sal*. Owner*
and operators of utility boilers an .
burners regulated ia tha same way aa
owners and operator* of industrial
boiler*.
We identified utility boilers
separately from industrial boiler* only
aa an indirect meaaa of identifying
nonindustrial boiler* subject to tha
prohibitions (La- it i* lea* confuaiag to
identify boilers not subject to tha
prohibitiona *hf n to define ^ivfip
boiler* subject to the prohibition*).
Clearly, utility boiler* an not
nonindustrial boiler* aad have never
been identified as suck
A few commenten requested that
EPA distinguished between industrial
and utility boilen on tha baaia that
utility boilen achieve good combustion
efficiency and have emission control
equipment thereby leading to safe and
efficient burning of off»spec1fic*tioo
uaad oil roes. ins) coBUM&tan. howsfver*
did not specify what practical regulatory
distinction* should be made.
Any special design, opentioa. or
emissions control feature* that utility
boilen may have that will reduce risk
posed by burning used oil will b*
eonsidend during development of the
permit standards for burning haxardou*
waata fuel aad off-specificatioo used oil
fuel ia boilen aad Industrial furnace*
scheduled to b* proposed ia 1894. EPA
can sea no reason why utility boilen
should not be subject to tha rule*
promulgated today.
D. Noninditiaial Boilen
Ia the proposal EPA explained that
noniaduatrial boilen induda thoae
located ac (1) Single or multifamily
residences; (2) commercial
establishments such a* hotala. office
building, laundries, or service station*;
aad (3) institutional establishments tu
as college*, hospital*, and prisons- To
avoid tha problem of providing a dew.
encompassing, and unambiguous
definition of noniaduatrial boiler, we
have identified aad defined those
device* not subject to today's
prohibition: industrial boiler*, utility
boiler*, and industrial furnaces.
& Marine and Dietel Engine*
Used oil may bo burned ia other
device* such aa diesel or marine
engine*. These devices may not meat tfi
definition of a boiler and an not listed
aa industrial furnaces under I 280.10.
See) 50 FR at am (January 4. IMS]. Used
crukcaM oil from diasel engines is
frequently blended with virgin diesei
fuel aad burned ia diesei engine* (e.g_
tractor-trailer anginas). In addition, usac
oil ia sometimes used as fuel for ship
engines. Although such burning is for th<
purpose of energy recovery (La- tha
uaad oil provide* substantial, useful
heat energy, aad ia fact replace* virgin
fuelskthe burning of used oil in these
devices was not conaidand during
development of tha proposed rule. Given
that it ia not dear that diesal aad marine
engine* meet tha definition of a boilar.
that EPA ha* not taken comment oa
whether such devices meat tha
definition, aad that today's rules apply
to uaad oil that ia burned in a boiler (or
industrial furnace) for energy recovery.
today'* rule* do not apply to marketers
and burners of such used oil Thus, the
uaad oil fuel specification and tha
invoice aad certification recordkeeping
system do not apply to such used oil*l
With respect to notification
requirements, we have determined that
ownan aad operators of these devices
need not notify th* Agency (thia typo of
exaaptioa if expressly allowed under
Section 3010(a)J. We do not think it
serve* aay practical purpose for owners
and operators of manna engines (many
of which an under foreign ownership)
or other diesel engines such as the
thousands of diaael truck* '* to notify of
" II •hoold M aottd Hut i/» p*r*o> auhwa off.
i uMd oil tad tuns* tram iod*y • ml**
i u it b«Md ia aura* dlMtl ingim* dut
i hM th* Itirrtai o/ proof 10 dnaooMnt* that
ia tact. Hsa wnpt oMd «1 mil b» tmnud la t&ow
dcMoM. SM JO Fit ISM (ItBMiy n. isssi tod so Fft
S4t (MSMMT * ISM I. Ordtawiljr. ivoicw that ncfc
• tfep«HM of aff-«p»CT flotion uMd oil te dw tad
ussr (U. SHitw or dtaMl «nra* O«MT «r opmiiart
Mil be neand » eutf
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OSWER 9951.1
40194
/ Vol 50. No. 230 / Friday. November 28. 1988 / RUJM and Regulations
their u«*d oil burning ectivttiee at ode
dm*. «nd EPA does not oMd each .
information to assess what rales may
ultimately be appropriate.
Marketers of used oil that to boned la
marine or dieeel engines. oa the other
hand must comply with tha aotifieatiOB
requirement EPA needs to know who
thiM marketers an to IM able to
investigate whether thtM marketers an
mixing hazardous waste with used oiL
Hazardous waste. '"^~*'"j mad oil
mixad with hazardous watta. cannot be
burned in marina; or diaaei engines
unlen the devices an parmiRed aa
haaardooa waate mdnenton. (Devices
that bum hazardous waata by maana of
controlled flame combustion and that
an neither boilers nor industrial
furnaces an considered to be
Incineraton for regulatory purposes. See
3280.10 in 50 FR 881 (January 4, 1968).)
Thus, used oil marketed for use as fuel
in marine •"** dlesel engines is (like
other teed oils) subject to the
presumption of mixing hazardous waste
sstabUshed by today's rale.)
It should also be noted that although
tha used oil fuel specification and the
invoice and certification reoordkeepingj
system established by today's rule do
not apply to used oil marketed for use aa
fuel in marine or diesal engines, such
used oil would be subject to tha
transportation and (tonga controls for
recycled oil that wtll soon be tnupoead.
When promulgated, those controls will
supersede today's rules for used oil fuels
and will apply to all recycled oils.
OL Regulation of Industrial F<
•a data
EPA has defined "Industrial furnace"
aa those devices specifically listed by
tha Administntar as enclosed devieea
that an integral components of a
manufacturing process and that use a
controlled flame to accomplish recovery
of materia's or energy. See 90 FR 001
(January 4.1968). The Agency has also
identified criteria for I
devices ss industrial I
the list of industrial i
cement kilns, lime tolas*
(including asphalt kilnai j
and smelting, melting i
furnaces.
Owners and operators of these
Industrial furnaces an subject to today's
rules for burners (see i 2MJS) when
they bum hazardous waste or off-
specification used oil for energy
recovery or for both energy recovery
am *fef» dtwri M Man Me w e dtani fed.
The bUoded hti U like* » MM the uMd oil AM!
•eeofiaiioe. HIM. e«ae» tat opmtan o( radk
tnsnM «Muid b« bwfMt • uwd ml that IBMU ibe
ipvcifltttton tad that wo«ld b« moist from
rttaUnoa.
and another recycling purpose (see
section II of this prsambls).
rv. Regulation, of Used Oil Space
Heaters
Aa piopoeed. today's rale provides a
conditioned exemption from the
prohibition on burning off-specificatios
used oil fuel la used oil space heaters.
EPA stated at proposal (see 50 PR st
1700) that it is deferring regulation of
these devices until it better understands
tha risk they pose and evaluates
regulatory options to address any such
hazarda. EPA stated further that it
would address regulation of these
devieea in futon mlemakinga. In the
interim, these space heaters may
continue to bum off specification used
oil fuel provided that they vent the
heater to the outdoors and burn only
used oil they generate or receive from
do-it-yourself oil changes.*'
As EPA explained at proposal used
oil space heaters an very small heaters
frequently used la service stations and
auto repair shops. The units typically
burnl to 2 gallons of used crankcasa oil
Shear. Ninety percent (90*) of the
ten an the vaporization type when
'the oil is vaporized from a pan at the
base of tha heater while metals and
heavy, low volatility <
in tha pan (and an cleaned out
periodically). Tha other heaters, an the
atomization type when the oil la
(prayed into the combustion chamber.
Vaporization units appear to have low
metals •»<«-*«•'- rates—5 to 15% of the
metals an emitted. This is comparable
to (or lower than,) th* "**••!• emission
rate from larger boilers (industrial or
nonindttstriai). Atomizatioo "•**•,
howevea. appeal to have relatively high
metals enriaaimn rates—73* to 96*.
EPA nonrHiiiieri that vaporization units
probably do not pose a health risk while
it is not dear whether atomization units
pose significant risks given the trull
site of tha units.
Most commenters supported the
exemption and believed that no further
regulation is necessary. Supporters .
argued that vaporization units comprise
90* of tha units in operation and emit
only low levels of metals. Supporters of
tha exemption wen silent with respect
to atomization units.
Opponents to the exemption used
various arguments and proposed various
regulatory alternatives. Many
commenters wen concerned that the
risk from metals snd toxic organic
•• HM •MeettOT is «l*e eoodtaoMd oo th« oait
luvma • capacity of U» ttaa &i aiilioa Bta/hr.
Thii McompeMM »U uMd oil ipae* hMim in UM
today Md pravnu opcnton o< Urtv botlm (ran
cUuatas i&iy opmt* uMd oil ip«c* htittn.
emissions could be significant given that
these space heaters an frequently
operated in residential anas. They
argued that it would be premature to
grant an exemption until further risk
assessment is conducted.'4 Some
opponents suggested that atomization
heaters be banned entirely snd others
suggested application of emissions
standards to both atomization and
vaporization units. In addition, some
commenters suggested that an
exemption would actually causa a
prolifsntion of space heaters sines they
could be viewed as a cheap, easy
method of providing heat ss well as
getting rid of used oiL Thus. EPA should
consider "grandfauering" existing space
heaters rather than granting a blanket
exemption. Commenters wen also
concerned that space heaters could
provide a loophole for disposal of
hazardous waste generated si service
stations and auto repair shops by mixing
with the used oil to be burned.
EPA continues to believe that
atomization space heaters may pose
significant risk in unique situations (e.g.
when multiple atomization units
burning used oil with high levels of
metals an clustered together, and
persona an located close to the sources)
while the much mon prevalent
vaporization units probably do not pose
significant risks. Thus, we do not believe
then is s compelling reason to take the
extreme msssure at this time of virtually
banning the use of these devices which
would result if they were not exempted
from the prohibition on burning off-
?ptt used oil fuaL We intend to
include regulations for these devices, as
deemed necessary, whan we propose
permit standards for ail boilers and
industrial furnaces in 198B. Thus, we can
ensun that controls on burning in these
devices an consistent with controls.
particularly for nutilt emissions, on
other boilers and industrial furnaces. In
addition, by that time, we will have
proposed the comprehensive
management standards for recycled oil
which would regulate generators and
collectors, as well aa the marketers and
burners (except for permit standards for
burning) regulated by today's rule. At
that time, we can consider the
regulatory impact on generators, as
"HcrrwdUn
ute
idtnfonuiitxi
l mev havv bemi coBdvcttns ruanluie
i hen mm tataUooo ttady uolli>a« lumiun.
Htnrud npemd rtMltt itewiai lun| dirntt* from
mtul* Mid ottar tone caotdtMai* from both
vipannOaa «nd cwmiunea l.«twn. uid
rvcommMded (urtut imdy to d«»«iop mnon.l n*k
MIIOUtM.
-------
OSWE* 9951.1
Federal Raster / Voi. 3tt Ng OO / Friday. Nor«mb«r 28. ifleg / Rule* and Refolatlona 40118
required by RCRA section 3014(cJ. of
regulating aeed oti space heaters in
conjunction •*• the entire regulatory
scheme torraeyded oiL
As • Baal ooo. a few
suggests* thai praeoMd I 2aa.41(b)(4MI)
be revised to conform with explicit
prtunbia language that allow* tha
owncn or operator* of exempted spaca
heaters to burn uiad oil rwcaivad bom
"do-it-younalT* oil changers u wail as
used oil they generate. We agraa and
have modified that provision in tha final
rula at | 28B.41(b|(2)(iii).
PART FOUR: ADMDflSTRATTVK AND
STORAGE STANDARDS
L-
A. Ovemeir
Hazardoua wuta fuela and off-
spaciflcatioa uaad oil foaia ara cubjact to
certain adminiafrative raquiramanta,
including a ona-tima notification to
identify waate-ea-fuel activities and to
obtain a U.S. EPA Identification
Number. Even if an individual haa
pravioualy notified tha Agency, and
already haa a US. EPA Identification
Number ha muat ranotify to identify hia
waste-as-fuei aetivitiaa (although hia
Identification Number ramaiaa tha
same). Othar administrative
requinmeau indude compliance with a *
manifaat tyitam (for haardoua waata
fuels). or aa invoice system (for off*
specification uaad oil fuel) and
reeordkeeping. In addition, paraona
receiving shipment* of hazardous waita
fuel or off-specification, uaad oil fuel
muat certify to tha shipper that they
have notified EPA of their waste-es-fuai
activities, and that they may legally
bun tha fuel. These controls make it
poaaibla) to administer mtt4 enforce tha
prohibitions agaiaat bunting a
noninduatrial boiler*. and provida for
proper tracking of tha matariaia.
The adminiatrativa raquiramanta
apply to both marketer* and burner* of
haxardoua waata fuai aad off-
specificatta* uaad oil foaL Generator* of
requirements. Thianla regulates for the
waste fuel that ia neither a listed waata
nor a sludge. These hazardous waste*
are currently exempt from regulation
under I 288.38 (see SO FR 687 (January 4
1988)). a provision that is superseded by
today-snow Part 288 standards. Used oil
trannMSMarton la T***"P* from the
ariminiatra Uve requirements ia order to
avoid piecemeal regulation of used oil
transporters." If aaad oil fuel
transporter* are regulated while other
used oil transporter* are not
transporters could avoid complying by
claiming that the uaad oil ia intended for
other purposse. EPA wifl addreea •
regulation of transporters ia ita recycled
be proposed later this rear.
The following table summarizes die
controia required under today's rale:
•ON WAan Fueu .
haxardoua
their
bum*
controia.
send their
or aaadod who aand
to aa individual who
ara eoaaidarad to be
to thaaa
gaaaratora who
waata or uaad oil
to an individual who doaa not bun tha
wa«ta for energy recovery ara not
considered to be marketer*, even if tha
waata ia burned later for energy
recovery by another person. (Such
generators of hazardous waste.
however, ara subject to 40 CFR Part 282
as ordinary haxardoua waata
generator*.)
Hazardous waste fuel transportation
it subject to the full set of Part 283
UW^MCAS.
A Notification Rtquinattot*
1. Purpom of Notification. Notification
is necessary because EPA mast be able
to identify those ptr"Tf who engage ia
waste-as-fuel activities ia order to
ensure that waste fuels an managed
properly and not routed to nonindustrial
markets. Tha special wasters-fuel
notification ia mandated under RCRA
(eollwtanlplckHe
from KcaaoU»an ia tte maoearMr'i
K inodmui t* UM ynmter harimi al
section amO(a). aa amended. A U.S. EPA
Identification Number will be asngned
to those facilities subject to RCRA
regulation for tha Ant time.
2. Who Mutt Notify. The following
persons must notify either EPA or aa
authorized state •• to identify their
waate-ea-fual aetivitiaa: (1) Mazketers of
haxardoua waata fuel or off-epaafication
used oil fuel (e.g. third-party processors.
blenders, and distributors, and
generators marketing directly to
burner*): (2) burners of haxardoua waste
fuel or off-epecification uaad oil fuel.
except generator* who bun. their oil la
space heaters under i aa.41(b)(2)(Ui):
sad (9) marketers (or burner*) who Brat
claim uaad oil fuel meets the
specification and so ia exempt from
subsequent regulation. If any of these
individuals haa pravioualy notified the
Agency of any hazardous waste
management activities and obtained a
U.S. EPA Identification Number, they
must renotify, and may use the revised
notification form to do so (sea
discussion below).
EPA explained at proposal that tha
following persons need not comply with
the waste»e*»fnei notification
requiremenc (1) Hazardous waata
generators who neither bun their
wastes for energy recovery nor market
their waataa for energy recovery directly
to a burner, because they may not know
the end use of their waste: (2) hazardous
waste fuel transporter*, for the same
reason given for generators: " and (3)
CPA
looporoiotno
dM o*t* SPA oad a.«MnswS taMo be
trn li annual torn •!
tsrpmiH-J niinn SPAoad
t fyoioai (or baaduas
t±»t
t iboi tameteo eovid bo
I te ontaot EPA or tbo Sltto. Un
vioov tho Sua> ootoannfilly forwordi
i of ta idtaoAetooe on«bor. II wotio-t»
(uoi aettfleodoao won <«boBn«d to both CPA «nd
tfao tulbarood SUM. * Ftoiilr could uudvortoBUy
bo ttwsBod two Mionnflnnna wwbon. Tha.
nawluaoouo aaaOeinaao to bodi CPA tad Sltito
no* ooty will aot totsar tavMaawaul protoowo.
DM oMld bo ooMta^prodaeam la tddtdoa. tao
rtqmiwaoai thti ponoat ooofy both CPA tad
Sum woo 10 provide rtui rotuUaoao i
(ho HSWA MM oaoei u
iltiori
Ml. Caasnot oManotod tao aood (br~
<• :U* rale.
i toMtet to tao oo«fleot>ao (o
i| of ton as tad 31 u
anon. Tbn. te mrifictoeo
of tho dtfeoBona m too trat li dMi toaontan ted
iranpnrton n««d not .
-------
491M
OSWER 9951.1
/ Vol 50. Wo. 230 / Friday. Novgmbtr 23, 1985 / Rule* and Regulations
used oil gtntrtton and transporter*
(unltu tbty also market Jam try to a
burner)." »•
Notification also don not apply to
owner* and operator* f-1 bete* or
furnace*, including but not United to
noninduatrial boilers, who bum OMd oU
fuel thet meets the specification.
X £fce o/tfl* Haxardout Wait*
Notification Form. Persons required to
Hit notifications (or renottfy) with EPA
or authorized SutM because of their
weate-«a»fueJ activitie* may as* EPA
Fona 4700-12 (revised 11/85):
"Notification of Hazardoua West*
Activity." See the appendix to today's
regulation. Thij fora la a revision of the
existing-notification form which WM
modified to include waste-ee-fuel
notification requirements. Toe Agency
made minor change* to the propoaed
form to make it clew that penona who
first claim that the uaed oil fuel they
market meeta the specification are
subject to the requirementa (including
notification, uaed oil analysis, and
recordlteepingj provided under f 286.43.
See preamble diacuaaioa In Mctioo CV.B
of Part Two.
The reviaed notification form provide*
EPA with the number and location of
facilities involved la processing,
blending, marketing* wl distributing of
waate fuel*, aad the number, type, and
location of burner*. Theee data will bo
uaed to develop a general profile of the
waate Awl induatry aad aaeiat in future
regulatory development
Several coounenters suggeated
reviaiona to the propoaed notification
form. One commenter argued that
language requiring the signer of the form
to be panonally familiar with and
responsible for the veracity of the
response* place* an undue burden on
manager* of fadUtie* who may not bo
aware of all operation* of their facility
on a day-to-day baaia. Thia requirement
haa been in place cince the nottfleadoa
form wee fint uaed for the RCXA
hazardoua waate program is) Iggfttt ia
not a special requirement
notification of waate-«a-n)a»4
EPA tee* no compelling i
modify ita l«Mi*«*»«««M«
one penon muat ultimate I
retponaibility for a fadlity'a (
and compliance with federal regulations.
"Aaaocsriali
ft. SSI. Mad ml (
tond Mod ail M i
*i« IM OBaatdand M b* aMisacla* i
<£natj «• • banar (ar pwaaas af«
- -* i.
rveriaM («ed MI i*«HMrf • Mttftr) M i
Tata i* bacMS* <*• bank* M *• aMttMora- Cadtil*
i* coajMarad HctdOTtaJ » UM artoufT tacttM af
tad owtMn« of
Another commenter suggeeted that the
reference to "Hated ia/ectioua waate" on
the propoaed form be dropped. 1ince no
such category exiata. Thia waa an
oversight on EPA'a part, and haa been
deleted from the final form.
4. Notification Pnctdum and
tmaltamtation. Aa EPA indicated at
prepoaai it wdmatee that then are. at
moat 20.000-3OOOO penona that may be
required to file nottficadona. While EPA
doe* not intend to carry oat a maae
nailing to potentially affected part**,
the Agency will widely •n*"*"f"ja the
notification requirement* of the** rule*
through tho preaa and trad* journal*.
PoraoBa) required to notify under
today'! rule should conaidar thia Pedoral
r today inri*.
Refteear notice their final notice to
submit a notification. To obtain a
oodfleadoa form, you should contact
your authorized Slate hazardoua waate
agency or your U.S. EPA Regional
Office. Each requester will receive a
complete notification package, including
a form and accompanying inatructiona.
to aaaiat him in filing hia notification.
EPA will return to eaca ootifier an
acknowledgment of receipt of tho
notification, and will iaaue a U.S. EPA
Identification Number if one waa not
previouaiy aaaigned. Thia
acknowledgement ia no way coaatitute*
aa eadoraemaat by EPA of Jtao adequacy
of me notification or of the nottflar'a
buauoea practice*; rather, it servee aa a
confirmation that EPA received the
notification.
3. LggaJ Significance of Notification.
EPA i* promulgating the notification
requirement for hazardoua waate fuela
and off-«peeificatioa uaed oil fuela under
the authority of Section 301o(a| of
ROM. aa amended. The notificatioo i* a
preraqniait* for RCRA interim statue
(soo RCRA section 3008(e)(2)) for
owner* and operator* of hazardou*
waatsj fttei storage fadlitia*. See HJt
Rep. No. 98-198 at 41. llkawiao
specifying that notification of
manage.giant of hazardoua waate fuela
servee aa a prerequisite for interim
statue.)
C Transportation Control*
Aa propoaed EPA ia adopting today a
sy*tam to track movement of hazardoua
waate raai aad off-specification uaed oil
fad from the initial marketer* (e.g»
procaaaon. blender*. diaMbuton. or
generator* who market to burners
through intermediarie* (e.g,
traatpertara. distributor*) jo the
industrial uaen who bum the fuel for
energy recovery.** Tma tracking system
••Tta
allows regulatory officials to track a
hazardoua waate 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 ia noninduatrial boilers
enforceable. Equally important the
tracking document (either a manifest or
an invoice) alerts persona who handle
these materials that they are receiving a
hazardoua wast* or off-specification
uaed oil
Consequently, EPA today is finalizing
ita proposal that all shipments of
hazardoua waate fuel be accompanied
by a manifest Hazardous waste fuel
marketers are subject to the
transportation (and pre-tranaport)
requirementa of 40 CFR Part 282 and
transporters are subfect to the
requirementa of 40 CFR Part 283.
We are requiring a slightly different
system for off-specification used oil fuel.
whereby marketers (e.g_ processors.
blenders, distributors, and generators
who market to burners) offering off-
specification uaed oil fuel for sale must
prepare aad sand an invoice to the fuel
buyer, but dp not have to have die
invoice physically accompany each
shipment (Transporters thus will not
have to comply with any invoice
requirement) Thia distinction (La.
invoice ia lieu of a manifest) i* needed
to avoid piecemeal regulation of uaed oil
transporter*, aa explained at proposal
See 90 PR 1704 n. 78.
The invoice must include the shipment
initiator's name, address and
identification number, the receiving
facility's name, address, and
identification number and the quantity
of off-vpecification used oil fuel shipped.
All of this information ia currently
required ia dM standard EPA hazardou*
waata manifest
Aa EPA stated at proposal, ia a
situation where an off-specification used
oil fuel goo* from a processor or blender
to an intermediate distributor, the
distributor must reinstitute a new
invoice to accompany any fuel it sells
that 1* produced from or otherwise
contains the uaed oil (ualesa the used oil
fuel now meeta the specification). Thu
requirement is coasiateat with those
found ia other parts of the RCRA
regulations whereby intermediate
storage facilities muat reinitiate a
manifest See. e.g. 40 CFR 284.71(c) and
282.10(1%
ia pteca (or canato
•M (u»l+ n»a*ii Uaiod waaiaa Mid
MBI dlraetty from iha sanaraior to a
. SM Mean D of hit a« la » nt sar
(Jimiry 4 ISSSI. Today'* rate npaads ita »rti«B
10 ail hMMOM •«•«• fo«to MM*»> br all
tum*Md wdar 1 2BUUN3I M rwlwd in today <
rule.
-------
OSWER 9951.1
Vol 30. No. 230 / Friday. November 29. 1886 / Rule* and Regulation* 491t7
A* described IB the proposal tha
Hazardoue tad Solid Waata
AmendmavtMflBM amended RCRA to
requin prodsnn. distributor*. and
marketer* of bawdoas wutt fuela to
inciudt • Naming label on the invoioi
or bill of Ml* far the ruet The
requirement became effective in
February 1985. bat ia superseded by
today'* rula. The Agency believes that
tha requirement for an invoica or a
manifest achieve* tha sama purpose* a*
a warainf label—to alert tha uaar or
diathbutor that ha ia receiving
hazardoua waata foal Tha manifest alao
notifies tha tnnapoiter that ha ia
handling hazardoua waata because tha
manifest muat accompany tha shipment
No comment* disagreed with the
Agency'* conclusion that an invoica or
manifest i* an adequate replacement for
the statutory waning label
Several comment* were received on
the prapoaed invoice/manifest
requirement Commentan suggested that
transfer of waate fuel* from site to site
within die seme company should be
exempt from the invoice and
manifesting requirement*. Commenten
pointed out that such transfer* are
routine thus. they reasoned that
invoice* or manifest* are unnecessary.
At the very least conunanten requeued
that EPA conaider a simplified manifest
or invoice for such transaction*.
EPA believe* that the manifest
requirement for hazardoua waate fuel*
serve* essentially the same purpose a*
the current manifest requirement for
other hazardoua waate— to alert
transporters (and emergency response
officials) aa well a* facility operator*
(e.g. burner*) of the fire and explosion
hazard* poaed by the shipment aad to
establish a paper trail that will enable
enforcement official* to implement and
enforce the regulation*. Gvea similar
purpose* and that off-site, oat
intracompany. shipment* of other
hazardoua waata an subject to full
manifest requirement*. EPA see* no
to modify manifest
y for hazardous
90 PR 28724-28729
the Agency
tioa with regard
required by RCRA
compelling
requ
waste fueL
duly 13.
adopted
to the w
section ttOet
0. No tic* and Certification
Requinmtnts
To enforce the prohibition on burning
haxardoua waste fuel and off-
ipecifJcation uaed oil fuei ia
noninduairial boiler*, the prohibition
applie* not only to tha boiler owner aad
operator, but alao to the waate fuel
marketer. Thua. a marketer (a processor.
ble >d*r. distributor, or a generator
marketing directly to a burner) may not
sail hazardoua waste fuel* or off-
specification used oil fuel to a person
who buna it in a noninduatrial boiler
but muat enrare that they market these
fuel* only to person* in (and. thua.
aware of) the regulatory system: person*
who have notified EPA of their waste-
as-fuei activities. Ia addition, marketer*
are responsible for determining whether
their waste fuel ia subject to regulation
(La, whether their product fuel contain*
hazardoua waate or ia off-specification
used oil).
Aa EPA explained at proposal to
comply with these requirement*.
marketer* need to know whether the)
person receiving a shipment of
hazardoua waste fuel or off-specification
used oil fuel haa notified EPA of hie
waste-*a»fuei acttvitiea aad whether he
intend* to bun the fuel only ia a utility
boiler or industrial boiler or industrial
furnace. Thua. the rolea include a
provision requiring that a marketer of
hazardoua waate fuel or off-specification
used oil fuel receive a certification from
the fuel purchaser stating that the
purehaaer ha* notified EPA of hi* waato-
as-fual activities aad will bun the fuel
only ia unrestricted boiler* or furnaces.
This certification ia a one-time notice
and ia required before sending the initial
shipment Similarly, the purchaser ia
required to send the certification before
receiving the Brat shipment from a
marketer. Thia will ensure that the
recipient ia aware of the regulation*
applicable to waate fuel* and of hi*
responsibilities aa a burner (or
intermediary). Hazardous waate and
uaed oil generator* (and transporters
receiving waata from generators) who
market their waate to a penoa who 1*
not a boner are not subject to this (or
any other) requirement lor marketer*
aad a redpieat of the) generator"*
hazardoua waate or used oil i* not
required to provide the generator with a
certification notice. (Hazardoua waata
generator* aad their transporter* are.
however, subject to regulation aa
ordinary hazardoua waate generator*
and transporters under 40 CFR Parts 282
and 283 respectively.).
£ U»*d Oil AnaJyiu R»quinm*ntM for
Mariuttn
Marketer* who first claim uaed oil
meet* the specification aad ia
essentially exempt from further
regulation *** moat ^"""if^n* by
analyse* or other information that the
oil ia fact meet* the specification.
Although the proposal required testing
>jn final rule allows
at tfae ieiiul
JV.»>
ihlpsuei at nmnflirsHne and oti Atoe. «s
itiicMioJ la toettoa NJ. PA tod SUM
toluKjumu offidali &•*• the nOMnty to «nr the
pmuM* of • pmo> b*U«*od to bo hMdUns. wotf
atl fuol ind to eoUtci Mastao of AM! ou.
the use of other information to show
that the oil meet* the specification. See
previous discussion ia Part Two. section
rVJ. Thia ia consistent with a
generator's requirement* under 40 CFR
282.11(c) to use testing or other
information to determine whether hi*
solid waate ia hazardoua waata.
Ordinarily, however, we expect that
testing wUl be uaed to demonstrate
compliance. If a person's determination
that used oil meets the specification i*
found to be erroneous, he is la violation
of the regulation* regardless of intent
Persona required to obtain analyses .
(or other information) to demonstrate
that their used oil fuel meets the
specification include processor* and
blender* (and burners) who treat used
oil known to be off-specification to
produce specification used oil fuel and
persona, who market or bun aa
specification used oil fuel uaed oil
received directly from generator* or
collector*. (Used oil received directly
from generators or from collectors who
receive oil from generator* i* presumed
to be off-specification unless
demonstrated otherwise.) EPA
explained at proposal that such
analyse* aad recordkaeping an requite'
to enable the Agency to enforce the
prohibitions on those person* who fin
claim that used oil fuel meets the
specification.
Persons who obtain analyses of used
oil to demonstrate compliance with the
speoficatioa muat eaaura ihat . -
representative sample* an obtained aai
that appropriate analytical procedures
an uaed. Sampling and analysis of used
oil is discussed above in section 1V.F.
F. RfeofdJtMputg Aeou/re/ne/i u ' "
The ncordkeeping requirements an -
limited nquinments designed primarily
to keep track of tha movement of
hazardoua wast* fuels and off-
specification used fuels. The tuostantivs
prohibitions aa well as the various
administrative requirements wovud not
be enforceable without these
recordkeeping nquinments. As
prapoaed, marketers and burners oust
keep a copy of tha manifest or invoice
(for uaed oil) that accompanies or -.hat
applie* to each fuel shipment la
addition, marketers and burners are
limpoctive of whubor t*> i
btBovw his «*d eii fad ••••• *• <
tlw
loday'i ml*.
.Co,
-------
4019i FtcJeml
OSWER 9951.1
/ Vol. 3g No. 230 / Friday. November 28. 1985 / Rule* and Regulation*
required to retain copiaa ofoattlfica '«•
notion that they urinate *r metre.
EPA also propOMd lh*l«eiisHi of
uMd oil fuel who first data ma> oil
meets the specification in required to
obuia analyses of their used oil ftwi
product to document that it meat* the
specification. CopiM of the analyse*
must be retained for three yean. Aa
discussed above, today's final rule
allow* the uae of other information to
document that uaed oil meeta the
specification. Such other informadoa
muat also be retained for three yean.
In fiiponM to commenten' coocerna
about the enforceability of the proposed
rule, fat final rule i
recordkeeping requirements for persona
who first claim used oil fuel meets the
specification. See section IV.E of thia
preamble. Today's rule require* these
persons to also keep records on initial
shipments of specification uaed oil fuel
Subsequent shipments (e.g, by
distributors) an not subject to
regulation.
Aa proposed, all records must be
retained at the facility for three yean.
except that certification notices must be
kept for three yean from the date a
person teat engage* in a waate fuel
marketing transaction with the person
who sent or received the certification ..-.
notice. These records must be available
for inspection by an officer, employee.
or representative of EPA (see RCRA
section 3007).
IL Stonge Requirements for Hazardous1
Waste Fuel
As explained at proposal today's rule
expands existing requirements for
stonge so that ait stonge of all
hazardoua waate fuels ia subject to
regulation. Under previously existing
provisions of 40 CFR 281.8. and
continued 'inHt* 'h+ tfllld waste
definition rulemaking at Subpart D of
listed
Part 288 (see 50 FR 887 (Jl
1985)). hazardous <
wastes or sludges are i
storage standards of 1
285. when stored prior I
and prior to use to i
Nonsludge waates oat i
only because they exhibit a
characteristic of hazardous waste, and
hazardous waate fuel produced by an
off-site marketer by processing,
blending, or other treatment of
hazardous waste, were exempt from
regulation prior to today's rale. All
hazardous waste used to produce fuel
•n^ all hazardous waste fuel so
produced are subject to today's storage
requirements for the reasons given
below.
A. Which Haxardou* Watt* An
Subjtct to Stongt Rtquimnanu
The Agency is today regulating the
storage (and transportation) of any
hazardous waste uaed to produce a foal
and of any hazardnna waste fuel so
produced. We are thus »ii"^"«H«« (JK
current distinction between listed
waste* and sludge* on the one hand and
unlisted spent materials and unlisted
byproducts on the other. Aa explained at
proposal these distinctions an no*
environmentally justifiable, and exist
only because of the Agency's initial
uncertainty (in 1880) about an
appropriata regulatory regime for
recycled wastsa. Sea 48 FR 14475 (April
4,1883). It ia now our riew that a
hazardous waste classification aa
sludge, by-product or spent material, or
dated vs. unlisted (characteristic)
hazardoua waste has no relation to the
type of hazard the waste poses when
stored, and therefore, that storage of ail
of these should be regulated uniformly.
Id.
B. Eliminetint th» Sjuaptioa for
Storagt ofHaxardout Waste Fail
Produced by Pmom Who Did Not
Generate OM Watt
Aa proposed, today's rale* subject all
hazardous wast* fuels to storage (and
other) controla. This mdudee storage by
the initial marketer (e.g. processors.
blenden). storage by subsequent
marketen (04* distributors)^ and
storage by burners. (Hazardous waste
stonge by ordinary generators whose
waate ia destined to be burned for
energy recovery, but who do not market
directly to burners, is also subject to
regulation.)
The preeent regulatory regime
provided by Subpart D of Pa* 288 (see
SO FR 887 (January 4.1988)) whereby
dona wast* fuel produced by a
person who neither generated the waste
nor bums the foal is exempt from
regulation was intended only aa an
interinyneasun and cannot be
defendn on environmental grounds.
The argument that hazardoua waste
fuels function aa valuable inventory in a
burner's hands and so will be stored
safely does not appear tenable, and
alnady haa been rejected by the
Agency. See 90 FR 817-818, 832. 843
(January 4. 1988). Hazardoua waste fuels
in many case* do not
substantial economic vsiue: in some
situations, bumen an even paid to
accept these materials, in addition, the
fact that a hazardous waste fuel ia being
stored aa a commodity ia insufficient to
prevent substantial risk. There have
been many damage indcenta from
product and raw material storage.
example* being spills from underground
and above-ground product stonge
tanka. including fuel stonge tanks. See
49 FR 29418 (July 20.1984). Indeed, the
Agency haa found that leaks and spills
from hazardous waste tank storage is
very likely, and that this risk is
substantial and requires regulatory
control See also Section 601 of the
Hazardous and Solid Waste
Amendments of 1984 requiring EPA to
regulate underground stonge tanka
storing products. The Agency also has
been told by State regulatory officials
and used 00* foci dealen that hazardous
waste fuels an suspected of causing a
number of fin* in the New York City
and New fersey araaa. Another
commenter described a "major accident
at a cement kiln using waste-derived
fuels." The Agency thus does not see
any nason to regulate this type of
hazardous waata stonge differently
from other hazardoua waste storage.
Today's rule subjects all storage of all
hazardous waata fuels to the storage
standards provided by 40 CFR Parts 282
(for short-term accumulation of fuels by
a generator who bums his wests on sits
or who markets directly to s burner).
284. and 288. with one exception. Aa
mooted, we an not subjecting
lazardous waste fuel stonge by an
existing burner to th*final permitting
standards of 40 CFR Part 284 at this time
for several reasons. Because we intend
to regulate most burning of hazardous
waate fuels in s manner that would
require some form of permitting. w« do
not want to issue a permit to a burner
for stonge and then have to issue a
second permit in the near future for
burning. We thus plan to delay adopting
final permitting stonge standards for
existing bumen until a single permit
prnreeriing can addnsa both burning
and storage. Thus, existing bumen will
be subject only to the stonge standards
for tanks and containers contained in
Part 288.
In addition, aa proposed, a permit is
not presently required to store off-
specification used oil fuel. EPA is not
imposing storage requirements oh used
oil fuel at this time because the Agency
wishes to avoid the piecemeal
regulation of used ou storage which
would result wen we to regulate used
oil fuel stonge in advance of other types
of used oil storage. Storage requirements
will be proposed when the Agency
proposes comprehensive regulations for
recycled oil on the next future.
Hazardoua waste fuels stored by a
marketer an subject to regulation. Thus.
as explained at proposal storage of both
incoming hazardoua waste and outgoing
hazardous waste fuels are regulated.
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OSWER 9951.1
/ VoL 30. No. 230 / Friday. November A IMS / Rules ind Regulations 4*191
Many'marketers an ainady subject to
regulation aa storage facilities because
ihty ston iacamtag listed wastes and
sludge*, and any be operating under
interim statue standards. These
marketers need to amend their Part A
storage spplicatfons.to seek an
authorization to expand their interim
status operations to include the waste
fuel storage ana. See I 27O72.
Numerous comments wen received
on the proposed storage requirements.
Many commenten opposed compliance
with the storage standards for industrial
boiler owners and operators because
they believed they wen unnecessary
since industrial boiler owners and
operators an well aware of the hazard*
of storage and handling of hazardous
waste. Compliance with the storage
standards would cause them to incur
large costs for little reason, they argued.
We disagree. We have noted above that
burner storage facilities have been
exempt from regulation only as aa
interim measure and the exemption
cannot be defended on environmental
grounds. See also 30 PR 843 (January 4.
1963) when the Agency discussed why
it was unable to eliminate any
requirements from Part 288 (or 284)
storage standards for recycled
hazardous wastes.
Other commeatars-sugga*ted class
permitting of storage fv*lltftt- EPA will
consider issues concerning permitting of
burner storage facilities when the permit
standards for existing burners (and
storage) are proposed in 1968. Today's
rule applies'only the interim status Part
C65 standards to existing burner storage
facilities (the predominant class of
storage units affected by this rale).
IIL Example* of Hew The*. sUgaladosjs
Openls)
The followteg hypothetical examoiee
illustrate how the rales operates
1. Generator C generatee a hazardous
waste and send* it to burner B who
stores it in a tank prior to boning la an
industrial hoUejisf energy recovery.
C ia a hasMtel westte fuel marketer
because he •••to directly to a burner.
Assuming tfc^a^ktlifs quantity
generator (a^^HR* unaware of
situation* WflgjBfcitD quantity
generators ssBisnsjxwdoBS wastes
directly to burners), he most comply
with the requirements for marketers.
•including the manifest and storage
requirementa. and notification aa a
hazardous waste fuel marketer. Prior to
sending the first shipment 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 (Le, industrial
boilers, industrial furnaces snd utility
boilers). B ia a hazardous waste fuel
burner and a RCRA storage facility.
Assuming he already is ««pg<"g in
hazardous waste management activities
as a facility, he must comply with the
interim status standards for storage
(Including submitting a Part A permit
application). If B is a new storage
facility (Le. is not In existence as a
facility at the time these rales become'
effective), he mast obtain a storage
permit prior to storing the hazardous
waste fueL He must also notify EPA of
his waste-aa-mai activities and provide
G with the certification discussed above
prior to receiving the) first shipment. B
will have on* Identification number for
storage and burning,
1A. Generator G. a large quantity
generator, generates a hazardous waste
but sends it to aa Intermediate
processor P. who mixes it with other
wastes snd sells the mixture to e burner
B who stores it in a tank prior to burning
in an industrial boiler for energy
G la subject to regulation under Part
282 as a generator and must comply
with the manifest system and applicable
storage requirements. He ia not subject
to the requirementa for marketers. P is e
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 284 and 288. P and B must
notify EPA of their wasta-as-fud
activities, and must comply with the
certification requirements. B is a
hazardous waste fuel burner who has a
RCRA storage facility subject to the
interim status controls of Part 289
(assuming the facility is la existence at
the time the rule is effective).
&B. G. a large quantity generator.
generate* a hazardous wast* and mixes
it with used o*L The mixture is seat to P.
who does further blending with used oil
and than sends the mixture to B when it
ia burned aa in the previous example.
The controls operate in this situation
just as in the previous example. A
mixture of large quantity generator
hazardous waste and used oil is subject
to regulation as hazardous wests.
2.G G ia a small quantity generator
who generates a hazardous waste and
mixes it with used oil aa la example 2JL
G sends the mixture to processor P. who
processes the material further and sells
processed oil a* nuL The fuel meets the
specification for used oil It then is sold
to retail fuel dealers and to industrial
regulation as hazardous waste under the
provision* of 40CFR 29U but (for the
time being) is subject to regulation a*
used oil when obtained by a used oil
fuel marketer. P. Thus, G (who
incidentally is not a marketer) may send
his used oil to P without an invoice; P i*
a marketer of used oil fueL He must
notify EPA of his wa*ta»*s-niel activities
and obtain a U.S. EPA Identification
Number. He also must document with
analyses (or other information) that the
used oil fuel he markets meets the
specification since he receives used oil
from a generator (or from e transporter
who receives oil from a generator) and
markets used oil fuel as specification
used oil fueL In addition, he must keep .
fyffffHt of rt^ shipment mn4 *t*^ person
to whom the oil is first sent The used oil
fuel is exempt from further regulation
and may be sent to burners or retail fuel
dealers (La~ distributors) who do not
have EPA identification numbers, "and
who may sell the fuel on aa unrestricted
In this situation (La. whan a small
quantity generator mixes its hazardous
waste with used oil), the mixture is
exempt (for the time being) from
It aa ia men likely. P determines Out
the used oil fuel does not meet the
specification, P can only send it to
persons who have certified to him that
they have notified EPA of thair was te-
as-foal activities and will bum the fuel
only m industrial boilers, utility boilers.
or induatrial furnace*. P would have to
prepen and send invoices for the off-
«pt*t*'?tHr^ used oil fuel The retail fuel
dealers (La. distributors) who receive
the off-specification used oil fuel an
marketers and cannot send the fuel to
nonindustrial users unless it is
processed further to meet the fuel
iperiflrstlnn (and they 4nfiimm with
analyses or other information that the
fuel meets the specification and keep
records of the shipment and die person
to whoa the oil is first sent). Marketers
and burners must keep records of
Invoices and certifications sent and
received and fuel analyses (or other
Information) documenting compliance
with the fuel specification (when
required).
&A. P is a used oil processor who
receives used oil from « variety of
sources and blends them to make fuels.
The used oil is not mixed with
hazardous waste. 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 *nf* aonindustrial
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 (s.g, R) who has certified to P
that he has notified EPA of his waste-**-
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OSWER 9951.1
Federal Rettstar / VoL SO. No. 230 / Friday. November 29, 1965 / Rules and Regulations
futl sedvitiee (tod obtained a U.S. EPA
Identification Number), eadPsiust send
an invoice to R. R it alse) a •srieeter
because he receives off-eaejdfleation
used oil fuel. Since R markets tee used
oil fuei •• speciflcatioa fuel (by
marketing to industrial boilers without
comoiyihf with the invoice, notification.
ana other requirements), he must
document with analyses or other
information that the fuel meets the
specification. R must also keep records
of the shipment and the person to whom
the speciflcatioa used oil fad Is first
sent Marketers and burners must keep
records as discussed previously.
33. 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 mixture contains less
than 1000 pom total halogens and meets
the specification for all other
constituents and parameters. P sells this
blended fuei to R. as ia example 1A.
P is e marketer of hazardous waste
fuei because he has mixed hazardous,
1 waste with used oiL There is no need to
invoke the presumption of "**'t'*^ with
hazardous waste (based on total
halogen leveial because it is known on
these facts that hitarto-is waste and
used oil have been mixed. (As explained
in section IY-6 of Pert Q of this
preamble, it is not alweye certain when
used oil is mixed with hazardous waste.
In those esses. EPA is employing a
rebuttable presumption of mixing with
halogenated hazardous waste when
halogen levels exceed 1000 pom.)
Finally, the used oil fuel specification
does not apply to hazardous waste sad.
thus, does not apply to the mixture.
4^. Petroleum refinery G generates
API separator sludge (Hazardous Waste
KOS2) and reiatroducee it to the refining
process upstream from <
All resulting fuels I
petroleum coke) from I
process are exempt fross^Bfetion at
this time because the /
sludge is e hazardous i
petroleum refining which!
to refining process. The API separator
sludge is not automatically exempt from
regulation until it is reintroduced.
4J. Petroleum refinery C generated
API separator sludge, aad sends it to a
different refinery where it is
reintroduced to the refining process
upstream Jrom distillation.
All resulting rales are exempt for the
same reeson as in 4.A. The API
separator sludge is not automatically
exempt until it is ^introduced.
4.C. Petroleum refinery C generates
API separator sludge and sends it to fuel
proceiMT P who processes the sludge
along with used oil ia a process that
accepts crude oil bat does not include
distillation as a process step. The
resulting fuels meet the used oil fuel
specification,
The fuels produced by processor P are
not subject to regulation (aside from P
""'"*•'"»"§ a record of the first person
to whom the fuels are seat). They would
be sufafeet to regulation as hazardous
waste fuels if they failed to meet the fuel
SNVs^f^HefltifiaB) feat •JJlri ••• feMMMeiwit* D
needs a storage permit or interim status
to store the API separator sludae.
9.A. Same facts as ia CA. abov*.
except thatrenaery C reclaims oil from
the API separator sludge and
reintroduces the recovered oil to the
refining process.
Both the reclaimed oil (which is to be
refined) aad the resulting fuels are
exempt from regulatioa*
LB> Same facts seta 43. abovl
except mat reclaimed oil (Le, oil
reclaimed from the API separator
sludge) is seat to the other refinery.
Both the reclaimed oil aad the
resulting fuels are exempt from
regulation.
S.C Same facts as ia 4.C. shape.
except that •—«-•-—* oil is seat to fuei
Hera, the reclaimed oil is not
automatically exempt because it is not
being refined (since the fuei processor is
not using «M«Hii*H«m as a process stsp).
The resulting fuel is exempt (sside from
a rocordkespiBf step for P) if U meets
the, need oil fuel speciflcatioa.
A, Praeeeeos P obtains contaminated
used oil which it processes via
produce e fueL Oil-bearing
hazardous wastes from petroleum
renaing are also used ia the process.
The resulting fuei meets the used oil fuel
specification.
The fuel is exempt because it meets
the used oil fuel specification. See
12BLsXa)(3HviUHA). U the used oil fuel
did not meet the fuel specification, it
would be considered hazardous waste
fuel aad be subject to fall regulatioa.
This situatioa should be distinguished
from one where oU>besjrmf hazardous
wastas from reflamg are reintroduced to
ars/iriuRf process. The process here is
not considered to be refining, la spite of
the use of distillation, because it doee
not produce products from crude oil
PABT PTVfc ADMINISTRATIVE.
ECONOMIC AND ENVIRONMENTAL
IMPACTS, AND LIST OP SUBJECTS
L State Authority
A. Applicability of Ruin ia Authorized
Statu
Under section 3008 of RCRA. EPA
may authorize qualified States to
administer and enforce the RCRA
program within the State. (See 40 CFR
Part 271 for the standards and
requirements for authorization.)
Following authorization EPA retains-
enforcemeat authority under sections
300B, 7003 and 3013 of RCRA. although
authorized States have primary
enforcement responsibility.
Prior to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
"•"••^•••g RCRA. a State with final
authorization administered its
hazardous waste program entirely in
lieu of EPA administering the Federal
program ia that State. The Federal
requirements ao longer applied in the
authorized State, aad EPA could not
issue permits for any facilities ia the
State which the State was authorized to
permit. When new. more stringent
Federal requirements were promulgated
or enacted, the Stete wee obligated to
enact equivalent authority within
specified time frames. New Federal
requirements did not take effect in an
authorized State until the'State adopted
the requirements as State law.
Ia contrast under newly enacted
section 3006(8) of RCRA. 42 U.S.C
8928(3). new requirements and
prohibitions imposed by the HSWA take
effect ia authorized States at the seme
Mate that they take effect ia
unauthorized States. EPA is directed to
cany oat those requirements and
prohibittone ia authorized States.
'"»M*"g issuing permits, until the State
is granted authorization to do so. While
Slates must still adopt HSWA-reiated
provisions as State law to retain final
authorization, the HSWA applies in
authorized States ia the interim.
Today's rule, with respect to
hazardous waste fasls. (40 CFR 288.30-
2&U8) is promulgatsd pursuant to
section 3004(qjj. a provision sddsd by
HSWA. Thus it is being sddsd to Table
1 ia 12TLl(j) which identifies the
Federal program requirements that ar*
promulgated pursuant to HSWA and
thus are immediately affective in
authorized States. States may apply for
cither interim or Baal authorization for
the HSWA provisions identified ia
Table 1 as discussed la the followin,
section of this preamble.
-------
OSWER 9951.1
/ Vol 30. No. 230 / Friday. Norajmbtr 28. 1988 / Rain and Recaladona
Tha uaad oil ioei standards adopted
today at 4ft CPE Sm40-a8,44 also are
applicable) to al Stataa. although for •
different ream. Uaad oil Aid ia not
prtMudy regaiatad aa a hazardous
waste undar aaetioa 300L Instead.
today'i regulation* an promulgated
pursuant to tha Uaad Oil Recycling Act
(codlfltd u (action 3014(a) of RCRA)
which dincts EPA to regulated recyded
uaad oil even if used oil ia not a
hazardous wuta. Section 3014(a)
requirements apply in all Stataa aa
Fadaral law and oparata indapandantiy
of sections 3001 through 300ft EPA,
however. ia about to propoaa to Uat uaad
oil aa a >«•«•••««••• waata pursuant to
authority eoataiaad ID aacttao 30M(b) of
RCRA. a provision added by HSW A.
Should EPA adopt thia listing aa.a final
rale. all ralaa regarding manafamant of
racydad oaad oil thua would ba
appllcabla in all State* by virtue of
section 300B(gj aa wall aa aaetlon 3014.
At thai point, authorized Stataa would
ba required to revise their program to
• rli.al> tk^^.^ ^M|AM «• .AI^^^A^A^ k^jA^»
aoop« inaaa reiaa aa oiacBaaaa oaiow.
A Efffct aa Stat» Authorisation*
Aa notad above. tha hazardoua waata
fual ralaa promulgated today ara
effective ia all States. Thua, EPA will
^h^ •tAfladtfda$ in
aonantbohzad Stataa tod la authorised
Stataa until they raviaa thair profraau to
adopt thaaa ralaa and tha revision ia
ippiovad by EPA,
A State may apply to receive aithar
interim or final authorization to
administer aad eaforea tha hazardous
waata fuel ralaa undar eactioa 3000(g)(2)
or 3008(b). respectively. oa titt baaia of
requiramanta that ara lubataatially
equivalent or equivalent to EPA'a. Tha
precaduraa aad schedule far Stan
program raviaiona undar aacnc* 3008(b)
are deecrioed ia 40 CFH 27UL Sea 49
FR at aa7» (May Z2. ia»4). The same
procedure* should ba followed for
section 3008(fJ(2).
Applying i XTLZUWXl, Stataa that
their proanaBf£itfBP a yaw from today
if only
neceaaamejssssssin two yaara of
• rhanga* ara
leaaba
i (40 CPU
271.21(eK3)).
Stataa with authorized ROLA
programs already may hava
requirements similar to tfaoaa la today'*
rule. Thaaa State regulatione hava not
baaa •naaied against tha Fadaral
regulationa being praenlgatad today to
determine whether they oMat tha taata
for authorization. Thoa. a Stata la not
authorized to carry oat thaaa
requirement! in Ueu of EPA until a State
program revision ia submitted aad
approved. Of course. Stataa with
auditing itaadarda may continue to
administer aad enfbrca their ttaadarda
a* a matter of State law. Ia
implementing tha Federal program EPA
will work win Stataa under cooperative
effort*, m many caaaa EPA will ba able
to defer to the Stataa ia thair effort* to
rather >h»i
i separata action* under Federal
authority.
Stataa that submit official application*
for final authorization laaa thaa 12
regulationa may ba spanned without
im»im4^fig staadarda equivalent to thoee
uruuiulgated. However, once authorized.
e State mu*t raviaa it* program to
Include standards substantially
equivalent or equivalent to EPA's within
tha time period* Jacuaaad abova.
0. RegoUtory Impacta
A. /batt/0 afRigalatorr Impact Stadia
1. Sxtcutin Order 12291. Aa defined
by Executive Order 12281. today's
regulation!*not a "malar rale".
Therefore, no Regulatory Impacta
Analysis (RIA) ia required. Thia rala will
not have aa annual 'iff**1* on tha
national economy greater thaa HOO
millicft) Tha eattautoQ1 m*
of today** rala ara aa initial (one-time)
coata of S209 milDoo, Tha mafority of
^fffrrtfd f*rlHt1ea will 'nntr laaa thaa
91000 ia M'titlTil coata with tha
facility expected to ba approximately
STOOD par year. Ia addition, thaaa
regulation* will not •jfnn>-»»»tf effect
competitioa, employment productivity
or innovation.
Thia rala waa aubmittod to tha Offlco
of Maaagamant aad Budget (OMB) for
review undar Executive Order 12281.
2. OfguJatorr Flaubititr AA We hava
determined that today** rala will not
hava a Mgnificaai tk* «o. M*fO* t»» «flrr«w daw of t
taMel rgVeHestesMMaiV kS aBprMaaVai ID
tlM »«*OflCaltiOal fOC TMUeaV
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49203 Fejdewi Rafbstav
OSWER 9951.1
/ VoL 30. No. 230 / Friday. November 29. 1965 / Rule* and Regulations
recycling. This proposal dots not restrict
combustion of hazardous weease or
recycled oil in industrial Js»kas) Nor
does it restrict othtr lecycllag. such as •
ustd oil rerefining and solvent
reclamation. We recognize thai the
regulation will cause MIM market shifts,
but maintain that nit recycling will not
decree**. Commentary confused impacts
of this proposal with those of more
extensive regulations of the Phase fl
standards that include industrial
burners—which this nil* does not
address. Many commenters apparently
presumed that recycled oil was banned
from industrial boilers. Th« Agency may
apply a similar specification to recycled
oil burned in boilers under the Phase H
regulations. The costs and impacts of
that rule, however, will be presented
when that rule is proposed. Those costs
and impacts are not part of today's rule.
We maintain (hat today's regulation
does not impose major impacts that
require en R1A.
2. Hazardous Watt* Futl.
Commenters suggested that permits for
small hazardous waste storage facilities
may cost P.S.nno, not the SKXOOO we
suggested in the proposal'"EPA
estimated a SKXOOO expenditure because
we utilized the cost of amending an
existing Part B permit in our coat
estimate, not the cost of obtaining a new
permit The rule requites Part B storage
permits only for facilities marketing
hazardous waste fuels (and for new
hazardous waste fuel burner facilities).
We have assumed virtually all
hazardous waste fuel contains listed
hazardous waste. Thus, the marketer's
feedstock tanks (La. tank* for incoming
wastes) are already subject to
regulation, the marketer's facilities
affected by today's rale would already
have RCRA permits.
In the proposal, the Agency applied
unit costs to represent the total
incremental costs of these i
above current requirements i
practices. The costs related I
regulation are not the total I
revenues, or value of |
associated businesses, as i
commenters suggested. We <
that this regulation will impooo direct
costs of up to $21 million per year
(annualized). This is one of the reasons
why this regulation is not a major rule
and does not require an RIA.
uo* «MMM* •» net
QL gTJ*nfHiTTi of rr/TiTH*'*** Dates
At proposal (see SO PR 1714). EPA
expressly requested cooujent oa
staggering the compliance dates for the
regulatory requirements to make them
effective as soon ss practicable during
the 196S-6S heating season. Although
commenters did not indicate that the
compliance dates were unreasonable.
we have decided that the proposed 30
day compliance date for notifications
may not give notiflers enough time to
request and receive notification
applications from their State hazardous
waste agency, and to complete and
submit the foravThua. the Baal rale
allows notifien two months after today
to notify regarding their wasta»es-rael
activities.
We are making a corresponding
change to the compliance date for the
manifest (or invoice) system. Given that
marketers and burners must include
their U.S. EPA Identification Number
(assigned after receipt of notification) on
manifests and invoices, and that it may
take aa long as two months after receipt
of aa application to apprise a notifier of
his Identification Number, (if he la not
renotifying to identify waate-aa-mei
activities) the compliance date for the
manifest (or invoice) system ft four
months after today. (Toe proposed
compliance date waa 90 days after
publication.)
Compliance dates for the prohibitions
(Le. to days after today) and for the
storage controls (La, six months after
today) are adopted as proposed.
The compliance date for each
regulatory requirement is shown in the
"DATES" section st the beginning of
this preamble.
(V.Uat of Subjects
Hazardous waste. Recycling.
40 CTH Part 284
rieaardous waste. I
Packaging and contain
rs. Reporting
and recordkeeping requirements.
Security measures. Surety bonds.
40 CPU Part 288
Packaging aad
tai
Reporting
i O*A MOM!* pneeMrt for
* f««ttO«* SM SS f» 28*4*-
and racordkeeping requirements.
Security measures. Surety bonds. Water
supply.
40 CTR Part 288
Hazardous waste. Recycling.
40 CFR Part 271
Administrative practice aad
procedure. Confidential business
information. Hazardous materials
transportation. Hazardous waste. Indian
lands. Intergovernmental relations.
Penalties. Reporting and recordkeepuig
requrements. Water pollution control
Water supply.
Dated: November 8. tsea.
Ue fct Theaue,
AdminiMtntor.
For me reasons set out in the
Preamble. Title 40 of the Code of Federal
Regulations is amended aa follows:
•AMT 2*1—WtWrtFrCATIOM AMD
usrmo of HAZARDOUS WASTE
1. The authority citation for Part 281
continues to read aa follows:
diirasiHjn Sees, lom SOU). 309t. aad
MOL of the Solid Waste Disposal Act ta
•mended by the Resource CoaMrretloa «nd
Recovery Act of UTV. as eaMnded (42 U.S.C
9009.a>U(a). am. aad ABB).
i Section 2014 is amended by adding
to paragraph (c)(2)(li) the following (B}:
e e • e e
(c) • • '
(2) * ' '
(»)
(B) Wastes from burning any of the
materials exempted from regulation by
1281.fl(aK3) (hr), (vi). (vU). or (viii).
• • t • •
1 Section 281J Is amended by
revising paragraph (b) to read as
follow*
(b) Except for those wastes identified
in paragraphs (e). (a («). (H «nd (k) of
this section, a small quantity generator's
westes an not subject to
raguiatioa under Parts 262 through 286
aad Parts 270 aad 124 of this chapter.
and the notification requirements of
Section 3010 of RCRA. provided the
generator complies with die regulations
of paragrapha (f). (gj. (hL, and (k) of this
section.
• ••••'
4. Section 26U la amended by adding
a new paragraph (k) to read as follows:
|261>
(k) If a small quantity generator's
huaHmn wastes are mixed with used
oil the mixture la subject to Subpart E of
Part 266 of this chapter if it Is destined
HO be boned for energy recovery. Any
material produced from such s mixture
by processing, blending, or other
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OSWER 9951.1
radatal gagbar / VoL 501 No. 230 / Friday. Novtmbtr 29. 1965 / Rule* and Rtgnlatiom 48208
treatment it also w regulated if it is
destined to b* baaed for energy
5. Section JBJ is amended by
revising pengnpaa (aJUKiii), and
(«j(3)(iii). ad adding new paragraphs
(•)(3) (viii) tad (bc)..Althoush only tha
above ***""*flt< are made under this
rulemaking, tha entire I 281.8, indudin|
provisions not affected by today's rules.
is printad hara for tha raadar's
convenience.
(•)(!} Hazardous wastaa that an
recyded ara tobjact to tha rvquirvmaots
for generators, transporters, sod storaga
facilities of paragraphs (b) and (c) of this
section, axeapt for tha matariaia listed in
paragraphs (a)(2) and (a)(3) of this
section. Hazardous wastes that ara
recyciad will ba known is "racyclabla
materials."
(2) Tha following racyclabla matariaia
ara not subjact to tha raquiramanta of
this section but ara ragulatad undar
Subparu C through G of Part 286 of this
chnptar and all applicable provisions in
Parts 270 and 124 of this chapter
(i) Recyclable materials used in a
manner constituting disposal (Subpart
Q:
(ii) Hazardous waataa burned for
energy recovery in boilers and industrial
furnaces that ara not regulated undar
Subpart O of Part 204 or 288 of this
chapter (Subpart Dfc
(iii) Used oil that exhibits one or more
of tha characteristics of hazardous
waste and i» burned for energy recovery
in boilers and industrial furnaces that
are not regulated undar Subpart O of
Part 284 or 288 of this chapter (Subpart
El:
(iv) Racydabla matariaia from which
pracioua matala ara nrlalmari (Subpart
Ffc
(v) Spent lead-add battariaa that an
being redaimad (Subpart GJ.
(3) Tha following recydabla materials
are not subiaal •» regulation undar Parts
282 thro«aJiihttr2Bel or Part* 270 or 124
of this chafjMMd an not subjact to
the notiflaj^HBajairaBanta of'section
(i) till iMiaBBayi alcohol that la
reclaimed:
(ii) Used battariaa (or osad battery
cells) returned to a battery manufacturer
for regeneration:
(iii) Used oil that exhibits one or men
of tha characteristics of KittHfit
waste but is recydad la some other
manner than being burned for energy
normal process streams at a petroleum
refining facility if such waataa result
from normal petroleum refining,
production, and transportation
practices;
(vi) Oil reclaimed from hazardous
waste resulting from normal petroleum
refining, production, and transportation
practicea. which oil la to ba refined
along with normal process stnams at a
petroleum refining facility:
(vii) Coke and coal tar from tha iron
and steal industry that "•"••'nt
hazardous wasta tha iron and steal
production proceae:
(viii) (A) Hazardous wasta fuel
produced from oil-bearing hazardoua
waataa from petroleum refining.
production, or transportation practices.
or produced from oil reclaimed from
such hazardoua waataa, whan such
hazardoua waataa an reintroduced into
a process that does not use distillation
or does not produce products from crude
oil so long aa tha resulting fuel meets the
used oil •pacification under 128S.40(e)
of this chapter and so long aa no other
hazardoua waataa an used to produce
the hazardoua waata ruet
(B) Hazardoua waata foal produced
from oil-bearing hazardoua waata from
petroleum refining production, and
transportation practicea, whan such
hazardoua waataa an reintroduced into
a refining process after a point at which
contaminanta an removed, so i""g aa
tha foal meats tha.used oil fuel
Kafication undar | 288.40(e) of this
iptax: and
(C) Oil redaimad from oil-bearing
hazardous wastaa from petroleum
refining, production, and transportation
practices, which redaimad oil is burned
as a fuel without reintroduction to a
refining procaaa, so long aa the
redaimad oil meats OM used oil fuel
ition undar 1288.40(e) of this
notification requirements under section
3010 of RCRA. except as provided in
paragraph (a) of this sec Ion. (The
recycling procaaa itself ' s exempt from
regulation.)
(2) Owners or operators of facilities
that recycle recydabla materials
without storing them before they ara
reyded an subject to the following
requirements, except as provided in
paragraph (a) of this section:
(i) Notification requirements under
section 3010 of RCRA:
(ii) Sections 288J1 and 288-72 (dealing
with tha use of the manifest and
manifest discrepancies) of this chapter.
PART 264— STANDARDS POP)
OWNERS AND OPERATORS Of
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES
a. The authority citation for Part 284
.continues to read as follows:
(iv) Scrap metal:
(v) Fuels produced from tha refining of
oil-bearing hazardous wastaa along with
(ix) Petroleum coke produced from
petroleum refinery hazardous wastaa
containing oil at the same facility at
which such waataa wan generated.
unless the resulting coke product
exceeds one or more of the
characteristics of hazardoua wasta in
Part 281. Subpart C
(b) Generators and transporters of
recydabla matariaia an subject to tha
applicable requirements of Parts 282 and
283 of this chapter and tha notification
requirements undar section 3010 of
RCRA. except as provided in paragraph
(a) of this section.
(c)(l) Owners or operators of facilities
that store recydabla materials before
they ara recycled an ragulatad under all
applicable provisions of Subparta A
through L of Parts 284 and 288 and Parts
286.2m and 124 of this chapter and tha
. looa. axnu). not son. oi
the Solid Wute Disposal Act. as amended bj
the Raeource Cumemttoa wd Heco»*ry Ac
of laTo. ts •meaded (43 U3.C 890S. e0U(a).
6824. sad 6029).
7. Section 284 J40 is amended by
revising paragraph (a)(2) to read aa
follows:
f 21040
(a) ' ' '
(2) Owners or operators who burn
hazardous wasta in boilers or tn
industrial furnaces in order to destroy
them, or who bum hazardous waste in
boilers or in industrial furnaces for any
recycling purpose and elect to be
regulated under this subpart,
•ART 2f6—4NTER1M STATUS
STANDARDS FOR OWNERS AND
OPERATORS Of HAZARDOUS WASTl
TREATMENT. STOWAGE AND
DISPOSAL FACILITIES
a The authority citation for part 289
continues to read ai follows:
Authority: S«a. 1SOO. 3»2Jt). 3004. and
3006 of the Solid WMM Ditpoetl Act as
amended by the Resource Conservation and
Recovery Act o< i'.>r& ai amended (42 U.S.C
WOa. 8024. sad M23).
9. Section 285.440 is amended to
revise paragraph (a)(2) to read as
follows:
f 288J40 AppticaOMfy.
U)'-'
(2) Owners or operators who bum
hazardous wasta in boilers or in
industrial furnaces in order ta destroy
them, or who bum hazardous waste in
boilers or in industrial furnaces for P-:\
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49204 Federal Reflater /
OSWER 9951.1
» No. 230 / Friday. November 29. 1985 / Ruin and Regulations
recycling purpoM and elect to be
regulated under thia subpart
PART 2«—STANOAKOS POP TM>
MAHAOEMEMT OF SPCOUC WASTIS
AND SPCCIFIC TYPES Of WMTK
MAMAOIUCNT PAOUHO
ia Tilt authority citation for Put 288
ii ravised to read a* follower
Authority: Sees. 100B, ZOOQal. 3004, «nd
rau of the SoUd We«te Dlepoeal Act sa
amended by the Reeeurce Couervaoon tod
Recovery Act of ttWk M amende* (4t U -S.C
aaa&anzui. ant and ami. (
11. Subpart 0 ia revised to nad a*
follows;
truirementa for small quantity
gy
Applicability.
:SS.:n Prohibition*.
M6..J2 Standard* applicable to fetMnton «f
hezardou* wuu fiMi.
28eJ3 Standards applicable ta'tramportara
of basardooa weaia fueL
Staadarda applicable to eurketen of
hiuardoiw weste fuel
:ae.33 Standard* applicable to burners of
haaardoua waste hML
Sueparti
for Energy Recovery
(a) The regulationa of thia sabpart
apply to hazardoua waate* that an
burned for energy recovery ia any boiler
or industrial furnace that ia not
reaulated under Subpart O of Part 284 or
265 of this chapter, except aa provided
by paragraph (b) of thia section. Such
hazardoua wastes burned for energy
recovery are termed "hazardoua waate
fuel". Fuel produced from hazardoua
waste by processing, blending, or other
treatment ia alao hazardoua waate fueL
(These regulationa do not apply.
however, to gas recovered from
• hazardous waate management acavitiea
when such gas is burned for l
recovery.)
(b) The following I ^^^
are not subject to regulas|^Hftr thia
subpart
(1) Used oil burned for < _
recovery that ia alao a hazardooa waate
solely because it exhibits a
characteristic of hazardoua waate
identified in Subpart C of Part 281 of thia
ch&pter. Such uaed oil is subject to
regulation under Subpart E of Part 288
rather than thia subpart: and
(2) Hazatdoua waate* that an exempt
from regulation under i| 281.4 and
281.6(a) (3) (vHix) of thia chapter, and
hazardoua waatea that are subject to the
generators under f 281J of thia chapter.
(a) A person may market hazardour
waste fuel only:
(1) To persona who have notified EPA
of their bazardoa* waate reel actrvitiea
under section 3010 of RCRA and haw e
UA EPA Identification Number and
(2) If the fuel ia burned, to persona .
who bunt the feel in boilers or industrial
furnace* identified in panganph (b) of
thia section.
(b) Hazardoua waet» fuel may be
burned for energy recovery Is only/ the
following devices
(1) Indastrtai fumacea Identified ia
1280,10 of thia chapter:
(2) Boiler*, « defined in | 28040 of
thia chapter, that are identified aa
follow*:
(1) Indaatriai boilers located on the
site of a facility engaged ia a
mesmzec luting, proceae where
substances era tranaformed Into new
OK aWOttQCtflL D^^
proceaaessor
(U) Uttttty boilers aeed to produce
electric power, steam, or heated or
cooled air or other gaaea or Omda for
sale.
(c) No fuel which contama any
waate may be boned ia aay
t tola, which ia located within the
boundarie* of any i
municipality wim a popaiadoa greater
than SOO.OOO (baaed on the moat recant
cenaoa statistics) unleaa such kiln fully
complies with regulationa under thia
chapter that are applicable to
incineratora.
(a) Genera tora of hnaHmif waata
that ia uaed aa a fuel or need to prodoce
a fuel are subject to Part 282 of thia
chapter.
(b) Generators who market '«••••'<•«••
waate fuel to a burner alao are subject to
128*34,
(c) Generators who an burners alao
an subject to I 28SJ5.
Transporters of hazardoua waate fuel
(and hazardoua waate that ia uaed to
produce a fuel) an subject to Part 283 of
thia chapter.
Persona who market hazardoua waate
fuel an termed "marketers", and an
subject to the following rtquinmenta,
Marketers include generators who
market hazardoua waate fuel directly to
a burner, persona who receive
hazardoua waste from generators and
produce, process, or blend hazardoua
waste fuel from these hazardoua wastes.
and persona who distribute but do not
proceae or blend hazardous waate fuel.
(a) Prohibition. The prohibitiona
under 128BJl(a);
(b) Notification Notification
requirements under section 3010 of
RCRA for hazardoua waste fuel
activities. Even if a marketer haa
previously notified EPA of his
hazardoua waata management actrvitiea
and obtained a U.S. EPA Identification
Number, he moat renotify to identify his
hazardoua waate fuel actrvitiea.
(c) Storey*. The applicable provisiona
of 1282J4, and Subparta A through L of
Part 284. Subparts A through L of Parr
28B. and Part 270 of thia chapter
(d) Off-trig thipmuiL The standards
for generators in Part 282 of thia chapter
when a marketer initiates a shipment of
hazardoua waate fuel:
(e) Riqutnd notic**. (l) Before a
marketer initiates the first shipment of
hazardoua waata fuel to a burner or
another marketer, ha must obtain a one-
time written and signed notice from the
burner or marketer certifying that
(i] The burner or marketer haa notified
EPA under Section 3010 of RCRA and
identified hia waate-ea-fuel activities:
and
(U) If the recipient ia a burner, the
burner will burn the hazardoua waste
fuel only ia aa industrial furnace or
boiler identified in i 281Jl(b).
(2) Before a marketer accepts the first
shipment of hazardoua waste fuel from
another marketer, he must provide the
other inarV**** with a one-time written
and signed certification that he haa
notified EPA under section 3010 of
RCRA aad identified *"* ^"""Jous
waate fuel activities: and
(f) AecordfcMp/nf. In addition to the
applicable neordkeeping requirements
of Parta 282,284. aad 285 of thia chapter.
a marketer must keep a copy of each
certification notice he receives or sends
for three yean from the date ha last
engages in a hazardoua waata fuel
marketing transaction with the person
who senda or receives the certification
notice.
(The notification requirements contained in
paragraph (b) of thia sacfloa were approved
by OMB under control number aao-QMa
The iterate requirements contained in
paragnpa (c) of-thia aecnon were approved
by OMB under control number aMO-QQOff
The •«••"'••« sad invoice requirements
-ntHfrH la paragraph (d) of this section
were approved by OMB under control
numbers 2080-0038 sad 990-0047.
leepecaveiy. The caruScaoon requir*tr.»nt»
contained ia paragraph (e) of this aacnon
-------
OSWER 9951 .1
FedereJ Register / VoL 5g No. 230 / Friday. November 29. 1988 / RuJea and Regulations
were approved by 0*0?under control
nuober Mi DM7. The reconiketpiag
ree^ureiMaiscosjiaiaediapensnpfltOef
. this MCBJM ware approved by OMB under
Owners and operators of induaoial
furnaces and boilers identified ia
] 2fl8Jl(b) that bun hazardoua fuel are
"bumtn" tnd are subject to the
following, requirements:
(•) Prohibition* The prohibitions
under i 28eUl(bfc
(b) Notification. Notification
requirements under section 3010 of
RCRA for hazardous waate Aid
activities. Even if « bonier hM
previously notified EPA of U*
hazardous waste management activities
and obtained a (J3. EPA Identification
Number, he ffluat renotify to identify hia
hazardoua waate fuel aetivitiee.
(c) Storage. (I) For short term
accumulation by generators who burn
their hinHmu waate fuel on-site. the
applicable provisione of 1282J4 of tfaia
chapter:
(2) For existing storage facilities, the
applicable provisions of Subparts A
through L of Put 288, and Parts 270 and
124 of this chapter: and
(3| For new storage facilities.' the
applicable provisiona of Subperta A
through L of Part A 284 and Parta 270
and 124 of tfaia chapter;
(d) JUqturtd nottcss. Before a burner
accepts the first shipment of hazardoua
waate fuel from a marketer, he must
provide the marketer a one-time written
and signed notice certifying that:
(1) He has notified EPA under section
3010 of RCRA and identified hia waste-
aa-Aiei activities: and
(2) He wiH bum the fuel only a •
boiler or furnace identified in
128841(0).
(a) /Zeeorctteep/nf. In addition to the
applicable recordkeeping requirements
of Parta 204 aad 2BB of thia chapter, a
burner must keep e copy of each
certification oaMfoe that he send* to a
marketer far •Mtyten from the date
he lest reca*eflgajsrdoos waste fuel
from then
(The
paragraph (b|
byOMBua
The stores* req
lirei
its
id la
paregreph (c)of this section were approved
6y OMB oader control number 2080-0008.
The certtfleadoa requirements "••"•t'ft In
paragraph (d) at this aecttoa were approved
by OMB ender coatral number 20*0-0047.
The neordkeepiag requirements couaiaed ia
paragraph (e) of tbia aecdoa were approved
by OMB under ccturot at
3iSBpert IMtaed 01 •unwsj for Ineray
Stn.
28*40 Applicability.
28*41 Prohibition*.
288.48 Staadards applicable to generators o/
used oil burned for taergy recovery.
204,43 SUadarda applicable to marketers of
used oil burned for eaerfy recuwy.
288.44 Staadafds •ppUcabie to boreen of
used oil burned for energy recovery-
dOiBumecJfor
(a) Hie regulations of thia subpart
apply to need oil that la burned for
eneigy recovery in any boiler or
industrial furnace that ia not regulated
under Subpart O of Part 254 or Part 288
of thia chapter, except aa provided by
paragraphs (c) and (e) of thia section.
Such used oil ia termed "used oil fuel".
Used oil fuel Includes any fuel produced
from used oil by processing, blending, or
other treetmenL
(b) "Used oil" means any oil that haa
been refined from crude oil used. and.
aa a result of such use, ia contaminated
by physical or chemical impurities.
(c) Except aa provided by paragraph
(d) of thia section; used oil that is mixed
with hazardous waate and burned foe
energy recovery ia subject to regulation
aa haianions waate fuel under Subpart
0 of Part 286. Used oil containing more
than 1000 ppm of total halogens ia
presumed to be a hazardous waate
because it haa been mixed with
halogenated hazardous waste listed in
Subpart 0 of Part 281 of thia chapter.
Persona may rebut thia presumption by
demonstrating that the used oil does not
by showing that the used oil does not
heJosjBflatsjd heajardoua ffffmllftiTBtB
listed in Appendix vm of Part 281 of
this chapter).
(d) Used oil burned for energy
recovery ia subject to regulation under
thia subpart rather than aa hazardous
waate fuel under Subpart 0 of this part
if it is a hazardoua waate solely because
it
(1) Exhibits a characteristic of
hazardoua waste identified in Subpart C
of Part 281 of thia chapter, provided that
it is not mixed with a hazardoua waste
or
waate
IZ Subpart B is added aa follows:
generated only by a person subject to
the special requirements for small
quantity generators under 128U of thia
chapter.
(e) Except aa provided by paragraph
(c) of this section, used oil burned for
energy recovery, and any fuel produced
from used oil by processing, blending, or
other treatment is subject to regulation
under thia subpart unless it is shown not
to exceed any of the allowable levels of
the constituents and properties in the
specification shown in the following
table. Used oil fuel that meets the
specification is subject only to the
analysis and recordkeeping
requirements under 1 1 288.43(b) (1) and
(0). Used oil fuel that exceeds any
specification level is termed "off*
specification used oil fuel".
uaaa OR. E.irntntmi ANV
Lava. « Suejcer TO Twa SueM«r WMCN
8UMS9 *OH B»e*OV ACCOVCNV •
(a) A person mey market off-
specification used oil for energy
recovery only:
(1) To burners or other marketers who
have notified EPA of their used oil
management activities stating the
location and general description of such
activities, and who have an EPA
identification number and
(2) To burners who burn the used oil
in an industrial furnace or boiler
identified in paragraph (b) of thia
section.
(b) Off-specification used oil may be
burned for enerjy recovery in only the
following devices:
(1) Industrial furnace* identified in
I 280.10 of thia chapter or
(2) Boilers, as defined ia ) 280.10 of
this chapter, that are identified as •
follows:
(i) Industrial boilers located on the
site of a facility engaged in a
manufacturing process where
substances are transformed into new
products, including the component parts
of products, by mechanical or chemical
processes;
(U) Utility boilers used to produce
electric power, steam, or heated or
cooled air or other gases or fluids for
sale: or
liii) Used oil-fired space hewers
provided that
(A) The heater bums only used oil
that the owner or operator Derates or
used oil received from do-it-yourself oil
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OSWER 9951.1
/ Vol. 50. No. 230 / Friday. Novemtw 29. 1988 / Rules and Raguladom
changen who general* used oil M
household waste:
(B) The heater is designed t* have e -
maximum capacity of not man me» OJ
million Bin per hour? and
(C) The combustion gasea from the
heater an vented to the embtent air.'
!2te.43
oa> BMnwa) to* •mngy
(a) Except at provided in paragraphs
(b| and-ic) of this section, gntntort of
used oil an not subject to mi* subpart
(b) Generators who market need oil
directly to a burner an subject to
{ 280.43.
(cj Generators who bum uaed oil ara
subject .to 12B&44.
(a) Persone who market uaed oil fuel
are termed "marketers,"". However, the
following person* art not marketer*
subject to thie Seaport:
(1| Used oil generators, aad collector!
who ueiispun need oil lecaifed onrf
from generators, unless toe generator or
collector markets the used oil directly to
a person who bums it (or energy
recovery* However, person* who ban
some used oil fuel for purposes of
processing or other treatment to produce
used odfuer for mattketinf are
considered to bo boning incidentally to
processing. Thee, generators and
collectors who market to soch incidental
burners are not marketers subject to thie
jubpart
(2) Persons who market only used oil
fuel that meets the spocincatieai ouster
J 2S8.40(e) and who at* not the) ffrit
person to claim the oil meets the)
specification (I*. marketer* who do as*
receive used oil from generator* or
initial transporters and marketer* who
neither recerro nor market of£
specification uaed oil fuefk
(b) Merfcetan are settee* b» ta*>
following requirements;
(1) Analysis of used oil /
fuel is subject to reguiaC
subpart unless the i
analyses or other 1
documemint that the esod at) faoi OB**)
tho specification provided under
i 2M.40fe). .
(2) Prohibitions. The prohibitions
under 128e\«(»fc
(3) Notification. Notification to EPA
stating tho locadon and general
description of used oil maoafenenr
activities). Even if* marketer haa
previously notified EPA of hi*
hazardooa waste management activities
under section 3010 of ROM and
obtained a US. EPA Identification
Number, he most renotify to identify hie
uaed oil management activities.
(4) Invoict tystim. When a marketer
initiates a shipment of off-speeiflcatto*
used oil he must prepare and send tho
receiving facility an invoice containing
the following information:
(i) AD invoice number
(ii) His own EPA identification
number and thai EPA identification
number of the receiving facility:
(iu) The names ami addnae** of thai
shipping and receiving facilities:
(Iv) Toe quantity of off-specification
uaed oil to be delivered:
(v) The detafs) of shipment or
delivery: and ^_
(vi) The fbUowing statement: "This
used, oil i* subject to EPA regulation
under 40 CFR Part a*":
Mesa,- Used oil that meets the tteflainoa of
combustible liquid (Oaaa point below 200 T
but at or greater than 108 f] or flammable
llgniaflash point betowicp fl is wbieet to
Matariala Regalanoaa at 40 CFR Pvrte 100-
17T.
(3) JtapiuW aoticsm. (I) Before a.
mukater iaiootasi the Brat shipment of
off-spooflcaOoa need ail to a burner or
odiermejrketer. h« must obtain a oao-
timo written aad signed node* from the
, biirnavoroMrtesjreartifyinf thmC
(A)Thebamerormarkaterhaa
notified EPA staring oia lacatiosi aad
gatmrnideacriptioaafhisuoealaa.
management adhritiese and
(B) If the recipient ia • bunac, the)
burner will bun that ofl-«peoflea4asi
used; oil only ia as iadaacriai roraace or
boiler identified ia 1 28i.41(bfc and
(U) Befoto a mazkatar acceptt tho first
sbipmettt ef ofl-epecifica>tioa uaod oik
front aaothar marketer subject to tho
provide) tho msostettr with •<
hat heftsft OOtembd EPA Of hi* QBeM. Oil
fflsVMfCaaMOt etCflVltleHS USd
(0) /texMrifcsopM»Mi} Moat CW />««/
Tftof Move? tn* Specification. A
marketer who Bret date* under
paragraph (bKI) of thi* sectioa that used
oil fuel meets the specification mast
keep copies of analysis (or other
Information used to make dM
detsranaalroo) of ueed oil for thno
year*. Seen markoten meet also record
ia aa operating lot u>° •*•? for thno
yean the following informatioa oa each
shipment of used oil fuel that meets the
specificstiottk Soch used oil fnai Is not
subject to further ngoiotiaa. maess » b
tAibsoquestiy mixed with hasardooo
waste or ualess it Is mixed with used* oil
so that it ae* loafer meets tho
specBicetSoB.
(A) The name and address of the
facility receiving the shipment
(B] The qv urtity of osed oil fnei
delivered?
(Q The uato of shipment or delivery:
and
(D) A crosa-refennce to the record of
used oil anaiysie (or other taformatioa
used to make the determination that the
oil meeta the specification) required
under paragraph (bK6)(0 °' ^ **ction.
(ii) Off-SptdftcatJoa Ustd Oil Furl. A
marketer who receives or initiates an
invoice under the requirements of this
sectioa moat keep a copy of each
invoice for three yean 6*081 the date the
invoice la received or prepancv la
addition, a marketer most keep a copy
of each certification notice that ha
receives or seada for three yean from
the date he last engagae ia aa off-
speeifleation ueed oil fuel marketing
transaction with the person who sends
or reeeivea tho certification notice.
(The analysis nquiramrata conuintd in
parasnpa (b((i) of this sectioa were
spproveo by Ov^B uooer coeo'oi mmoer
2DSO-00«r. The aoaficsoom isquueiueuts
eontsiasd to paieanpa (bK3) of tUa ssctioa
were approved by OMB under control
number TlWWna Tbo invoice requirifsjenta
cootaiaed ia paragraph (bK4| of this secnoe,
were spprovea by OMVaader control
number aMO-OOC. The ceroncaiiaa
rsouuieisaii contained la pareanph (b|(S| of
tttsMcttae ware spproved by OMBmder
this tec
cooaoi
2000-0047.)
ImparasnealbKSlof
I by OMB i
i
Of
Owners aad operators of facilities
thai bum used oil fuel ara "burners' and
in subject to the following
requirements:
(a) Prohibition. Too proaibitioa *""**«•
!288.4Kbk
(b) Notification. Buraen of off-
•pecificatiaa uaed oil fuel muat notify
EPA sUting the location aad general
description of uaed oil management
activities, except that owners and
operators of used oiMired space beaten
that bum ueed oil fuel under the
provisions of I 2SB.41(bK21 an sxampt
from these notification requirements.
Even if a burner has previously notified
EPA of hi« hazardous wmsu
management activitia* under Sectioa
3010 of RCRA aad obuiaed aa
ideatificattoa aamber. ho anal raaoufy
to identify Ui used oil meaagement
activities).
(ej Rtovind aotfen Before a bonMr
accepta the ant shipment of off-
speciflcatioa ueed oil fuel from a
marketer, at mutt provide the mark* •»
a one-time written aad signed notice
certifying that
-------
OSWER 9951.1
/ VoL Sa Na 230 / Friday, Noveobej
1988 / Rale* and Regulations OS.
(!) He hM nottfiad EPA stating the
locadoa aaatgpMrai description of hi*
uMd oil aMsaatanent activitiee: ami
(2) Hs>w«m*J» Ae ued oil only in an
industrial fame* or boiler identified in
I 2M.4i(bj: tad
(d) WaWotf/beV«Ba0*a. (ij Used oil
fuel burned by the generator t< subject
to regulation under tan sabpwt anln»
the burner obtaini analyst* (or other
information) documenting thai the uied
oil meet* the specification provided
under I 2M.40(e).
(2) Burner* who treat off-specification
used oil fuel by processing, blending, or
other treatment to meet the specification
provided under f 26a.«0(a) muet obtain
analyeea (or other information)
documenting that the oeed oil meets the
specification.
(a) RfcordJitwpiny. A bomar who
raceivee an invoice under the
requirement* of thia section must keep e
copy of each invoice for three yean-
from the dale the invoice is received.
Buraen onufalao keep for tare* yean
copiee of analyse* of need oil (nei aa
may be required by paragraph (d) of thia
section. In addition, he amat keep a copy
of each certification notice that he send*
to a marketer for three yean from the
date he laat receive* off-specificatioa
used oil from that marketer.
of 1*79. is aawndad (42 US.C 600*, a*UUL,
IX Section zn.l(j) is amended by
changing the table heading and by
adding tit* following entry to Table t in
chronological order by date of .
pooiica*
by OMB
The eerttflcattaa requiremeats eantained ia
paraanaa, (e) erf thia teetioa ware approved
by OMB ttader eoatroi Dumber 2080-0047.
The aaaiveis mniisaeais eoatained ia
pansrapa (d) of this tecttoa were approved
by OMB uoder control aumber 20BO-0047.
The i
t.—AeouiATtOMa
HAZAHOOUa MO SOUO W*aTI
19*4
pefasjnphMaftfcaM
by OMB <
AUTMOfnZATION Or STATV
HA2MIOOUS WASTE PfiOQKAatf
ti Tb* authority citation far Part V\
is revised to read a* follow*:
Aitfhesttyi Sees. lOOa. ante), and 3008 of
me Solid W«t* Osspeeal AA, aaameadedb*
mef
•jppemflu rmin rfadflmluu of
Haaardona Waste- Activity
EPA Form 8700-12 (Reviud ll/U)
(This form wUl not appear ia the Code of
Federal ReanianoBa.)
-------
OSWER 9951.1
492M F«dard Rafata* /'Voi' Sg'Ng 230 / Triday. Nov«mb«r 2A 1988 / Rules and Regulations
**n» xti
oita-tf* or
SMIOO 6nwfO«noni«i £?i»eiion Afoncv
WMinrtojon. OC 20*60
& E PA Notification of Hazardous Waste Activity
P'WM r««tc 10 m« Instruetiont lot
noro >i rcquirod by '•w f<
JO/0 of («• H»tourt» Contt
'anttftinn
For Official UM On
Nam* of Instal
I. Installation Mailing
II. Location of Installation
S(rwn or Moult NuMWar
8. Typo at Ovw"«fV»o (#m«r coo*/
Q 1«.GonoroHr
QlTr
O 3. TrooMr/Sioror/0
U Ik. Otltor MorkoMT
D S. MOTKOI or Sum
/•nf«r 'X* tnt
7. apaelfieacien UMd Oil r\«l
(Or o^sie* aumtr)
tl» Oil NMta cn» aooeificatloo
Waal* Fuel Burning:
MW AMf or
O A. UliMV
Q I. tuduanal BoMor
Q C. IndMtfiM Fur
X. firn or Suoaaouam Notifica
III. Moda of .Transportation (tr»*soori9r* onto — ovtrar 'X' in tht toofoorittt bo*(t
DA. AW Di. MM DcHigno^r QO.WOMT D 1. Odtor ittft+1
Mork X* in «lw •poroarKi* Boa (0 KMK»M ntnoiMr mw * your mmWion • «tr« nonfieotion at
nati« * not your ttf« noirtieaMn. omar y«« mMttouon • (*A )O Mwneor x« mo w
Q A. Firti Noddeation Q 8. Suotoauoni NoiitaMion ttofnctotf *tm C)
c in«t«M«.if»»
1 iFA ID M
rT
i i i
er>A»on«a700-UIMov. 11
-------
OSWER 9951.1
FtdaraJ Rt^Mtat / VoL SO. No. 230 / Friday. Novembtr 2ft 1985-/ Rule* and RMuiation*
wntm tcontinumo from rrom
to
It
tj
Imv ttw tour-«tM minMr kwi 40 C«» Hn 2*1 J> tar
tl
it
14
20
tfl
17
24
J1
41
O.Li
, Cmw m« loMr-*pi
140 CP» POT 2*1 34 «w
si
u
T in ow I
Dt
• *^BWBB^P
moan
tooou
tooooi
rooem
r nmil> Mn
iif fm tCin f fii> g jmimniTt iniiMiinf nnr an r»iin'fr>i n irfi ffn rnfiirmif run rnfimrmif n
md tfitt to*»d on my inquiry at tf*t» tndn*u»i» unmt^/tttff rttoonsibl» for
tlfi»IIM» for $t&nittingt*lM» intonation, including th9OO$si6HitYoHino*no' itnoriionmunt.
-------
OSWER 9951.1
/ Vol 50. No. 230 / Friday. Nov«mb«r 29. 1985 / Ruin tad Ragulationi
TV Una IT Una I
Type or print ia black lahei l»a» except
Item XL -SiaMtun." taaviaf a bUak box
between words. Whoa typaa* kat tha spi
bar once between chanctan aad tano i
between ward*. If yea aoet us* additional
sheets, iadicait clearly the number of the
ittm oo ttM fans to which the informaiioa oa
the separate sheet applies.
/terns /W/7-AtaML MuZuif /idfdEnMA aflrf
Locauoa of Initoilotioa:
Complete Items MO. Pleeso not* thml the
address yoa give for ittm UL "Location of
Installation," must be • physical address. Mf
a pott offlct box or nuu nvatbtr. If tha
tnaillag address tad physical1 frailty locadoa
sn the same, you caa pnnt "Same" in box for
IteniUL
Ittm fV—JnttatJatinn Contact
Enter the MOM. title, and busiaeaa
telephone number of th« panoa who should
be. contacted regarding information ratauttad
oa thia form.
/(MI V—OwneraA/pr
(A) Monar Baiar tht name of tba legal
ownertst of tba iaaiaUattoa. including tba
, UM additional sheets if
r to liat man thaa ono owner.
(B) Typut Usiag tba eadaa listed below.-
ladicata tba legal tuna of tba ownar of tba
reality.
FF-Fedanlly Owned. Federally Operated
FC-P*dermily Owned, Oparatad By A
Private Contractor to tba Federal
FP-Federally Owned. Privately Operated
PF-Privately Owned. Coasaoctod For Uaa
By The Federal Government and
Oparatad oy int Federal GoveBBaoat
Pl.Pnvatery Ownad. L«a«ed And
Operated By Tha Federal Government
PI-Privately Ownad. ladimn Uad
FI-Fedanlly Ownad. mdtaa Uad
C-County
D-District
M-MumapeJ
P« Private
S-SUIO
ttua Vt—Typi of Itfftiaad Wot* Activity!
(A| fwiHntma HflBBia ActfHlyf Majk tni
•pprepriaw box(aa| to i
waata activitin an |
inatallattoa.
(l|C«n«fB
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OSWER 9951.1
Fadaral Ragtoter/ VoL XX No. 230 / Friday. Novambtr a. 198S / Rul«t ind Rendition* 48213
supariati
responsibility.
of equivalent
• aadaaaddavic
controlled flaa»«e*»basHoa aad having tha
following caaiaajajRaticat
(t)TTieoa« aw payelcai provision* for
recovering aad aiamiliig energy ia (he form
of steam, heeled Basis, er heeled laaea:
(2) The unit's combustion chamber aad
primary energy recovery sections) ara of
integral design (La. they art physically
formed into one manufactured or assembled
(31 The unit continuously maimaina in
ecovery efficiency of at laaat 80
percent calculated In term* of the recovered
energy compared with the thermal value of
the fuefc aad
(41 The unit exports and utilizes at laaat n
percent of the recovered energy, calculated
on an annual basis (excluding lecewed heal
used internally in 'he same unit ta for
example, preheat ruei or combustion air or
drive fans or feedw«ter pump*).
Atmer—mean* the owner or operator of a
utility boiler, industrial boiler or industrial
furnace thai bum* watta-fiiei for energy
recovery and thai ia not regulated aa a RCRA
hazardous waste incinerator.
Ditpetai- 'means the discharge, deposit
injection, dumping, spilling, leaking, or
placing of My solid waste or hasardoua
waste into or oa sty land or water to that
such solid waste or hasardoua waata or any
constituent thereof may enter the
environment or be emitted into the air or
discharged into any water*, induding ground
water*.
OiipoteJ ftw/rty—meana a facility or part
of a facility at which hazardous waaia ia
intentionally placed into or oa aay land or
water, and at which waste will remain after
closure.
EPA Mtntt ffrrtf nut HO! Numbw meana
the number assigned by EPA to each
generator, transporter, and treatment
storage, or disposal facility.
Facility—m^MM all eontigueaa land, aad
structure*, other appurtaaacea. and
improvements oa the land, uaed far treating,
siormg. or diaaaeiag of hasardaaa waata. A
facility may consul of several watineat
storage, or disposal operational uaita (*.g_
una or mora landfllla, mrfaca i
or eanbinatioaa of thamt
C^ntntftf maana any paraaa. by aila.
whoaa act or procaaa proUucaa haiardona
waaia idaatOM • ttatad ia Pan 2M of thia
chaptar or whoaa act Am cauaaa a haardoua
waata to baeoaa Mibjtcs to regulation.
Hasantout Wait* maana a hasardoua
waaia aa dafinad ia «0 CFR Part 281.
Hamfdout Watu /Wl- maant *"T^Hqiit
waata and any Rial thai eaataiaa haaardoua
waaia that ia burned for aaarfjr racovary ia a
boilar or induairial nmaca that la not subject
to rafulation aa a RCXA >«.«.^~.T waaca
iaeiaaratar. Howavar. lha following
haaardoua waata ftiala ara «ub(ect to
regulation aa uaad oil fuel*
(1 )(/«ad oil fod thai iaalao a hasardoua
waata aoiaiy becaaoa It exAibitt a
eaaractariatic of hanrdoa* waata idaatlflad
ia Sttbpart C of «0 CFR Part at pravidad it ta
not mixed with hatardona waatac aad
(2) Uaad oil fuel mtead with haiardova
waata* faaaratad by a null quantity
gaaarator mbiact to 40 CPU Part 2nj,
Indutunt Ax/ai^-maana a boilar located
oa tha «ta of a facility tngagad ia a
maaufacmrtng piucaaa whera mhatanraa ara
traaafonnad into oaw producta. including tha
componaat para of producta. by mechanical
or chemical pfocauaa.
Industrial f\irnoe»- maana any of the
following eadoaed davicaa (bat ara integral
component* of manufacturing pracaaaea aad
that uaa eoaooUed flaaM eombuatioa to
of material* or •nergr
kilaa. lune i"i"*
(ladudlag aapaalt kilnak phoaphata kilaa,
coke ovaaa. blaat ruraacaa. lawiting fumaca*.
raflaing niraaeea. Utaniuat dioxide chlonde
procaaa oxidation raectora, aad methane
reformiag himeeea (and othar davicaa aa th*
Adaiaiatrator may add to thia liatj.
Msrfranr maana a panoa who markatt
baardooa waataj faal or uaad oil AiaL
However, the following marketer* ara no*
subject to waaia-ea-fM fequiiamenta
(Including notiflcatioa) uadar Subaarta 0 aad
g of «0 OR Pin 20*
(1) Generator* and initial mnaponer* (I.e.
tranaportera who receive hasardoua waaia or
uaad oil directly from geaaratora ^^'H'rg
initial traaaportera wao operate traaafer
tttdeaa) who do aol market directly 10
paraaaa waa bais taa (uaui aod
(2) Paraaaa who market uaad oil roei thai
maeta the specification provided uadar 40
CHI 2aa,40ta| aad who ara not the Orel tt
dam the oil meeta the tpeetflcattaa.
Off-Spteifleatioa UM* Oil /ba/ meana
uaed oil fuel that doe* not meet tha
ipedfleation provided under 40 CFR
208,40(0).
Oftntae—nna» the paraon raaponaibt*
for tha overall operation of a facility.
Owner— mean* a pataea who own* a
facility or part of a 'aaJ'iy. iiM-fy.^ land
owear.
5pec//?cotfon Uuo* Oil AeVUmeana uaetf
oil ruei that maeta (be speaflcatioa provided:
under 40 CFR 2aa.40(a).
5/ui'ufa mean* the botdlng of hazardous
waata tor a temporary period, at the end of
which tha hasardoua waaia i* treated,
dlapeaad at or tiered eiaewhere.
rnintfuirmfififf maani the movement of
haardoua waata by air. rail, highway, or
watar.
the off*aite naaportatioa of i«t^M'M" waaw
by air. rail highway, or water.
ftvffanon^^ojeeaa any metaod. technio^uei
or praeaaa. inducing neutralisatioa. detigned
to change ***^ phyaicai. ^y^if^** or
biological character or eoBpoaittoa of any
haaardoua waata to aa (3 neutralize such
waatau or to aa la recover energy or material
reaourcea from the waata. or to aa to reader
such waete nonhasardoua/or leaa hatardauac
safer to tranaport store or dlapoee ot or
aauaable for ram»ei|. «m*aabla far storage.
or reduced ia volume).
CAea* Otf-meeaa any all that haa been
reflnad Croat crude oiL iteed. aad aa a remit
of each uaa. ia contaminated by phyaicai or
cbaatical impurittoa. Waataa that eoataia otia
that have aot been uaad (04. roei oil ttoraae
teak bottom daaa-oat waatael are not uaed
oil ualaaa they are mixed with uaed oil
U»*pilfu* mean* aay uaedotl burned
(ar daatlaad ta ba burned) for eaergy
raaoiary indartlng aay fuel produced froe»
uaad oil by precae«iag. blending or other
treatment aad that doao not eoataia
^•tH""* watte (other than that tenanted
by a small quantity geaereior and exempt
from regulation aa hasardoua waata under
proviaiona of 40 CFR 281 J). Used oil fuel may
itaatf exhibit a characteristic of hasardoua
waata aad remain subject to regulation aa
uaad ad fuel provided it ia not mixed with
hatardaua waaia.
C/Wlrtf AM/er-maeaa a bailer that ia uaed
ta produce electricity, sceeai or heated or
ceased air for tale.
Waste <*>»•/ meana hasardeea waste fuel
or ofT-tpeeifleation uaed oil ruei.
(TR Doe. at-OTU Filed ll-tr-a* *« aa|
-------
OSWER 9951.1
REFERENCES
1. Composition and Management of Used Oil Generated in the United States.
Prepared by Franklin Associates for the U.S. EPA. September 1984.
2. Waste Oil Study. Report to Congress. Prepared for the U.S. EPA. April
1974. PB 257 693.
3. The Fate of Hazardous and Non Hazardous Wastes in Used Oil Recycling.
GCA Fifth Quarterly Progress Report for the ptrlod October 1 to December
31, 1982. March 15, 1983. GCA Corporation.
4. Re-refining of Used Lube 011 - A Review. By Kinetics Technology Inter-
national Corporation. California (no date - obtained in 1983).
------- |