PA
                United States
                Environmental Protection
                Agency
OH.ce of
Solid Waste ana
Emergency Response
                 DIRECTIVE NUMBER:
   9441.30(84)
                 TITLE." Contamination of Used Oil Through Normal Use or
                      Through Purposeful Mixing With Hazardous Wastes
                 APPROVAL DATE:  10-22-84

                 EFFECTIVE DATE:  10-22-34

                 ORIGINATING OFFICE:  office of solid waste

                 E FINAL

                 D DRAFT

                  LEVEL OF DRAFT

                    DA — Signed by AA or DAA
                    D B — Signed by Office Director
                    DC — Review & Comment

                 REFERENCE (other documents):
  OS WER      OS WER      OS WER
VE    DIRECTIVE    DIRECTIVE    Dl

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PART 261  SUBPART A - GENERAL                                 DOC:  9441.30(84)


Key Words:    Used Oil, Mixture Rule, Fuel

Regulations:  40 CFR Part 261

Subject:      Contamination of Used Oil Through Normal Use or Through Purposeful
              Mixing With Hazardous Wastes

Addressee:    A.R. Tarrer, Auburn University, Department of Chemical Engineering,
              230 Ross Hall, Auburn University, Alabama  36849-3501

Originator:  John H. Skinner, Director, Office of Solid Waste

Source Doc:   #9441.30(84)

Date:        10-22-84

Summary:

     Legitimate energy recovery occurs only when a legitimate fuel is burned in
a legitimate recovery device,.  A legitimate recovery device is a boiler that
recovers usable heat or an industrial furnace where other fuels are replaced by
the waste.

     A hazardous waste is a legitimate fuel if it has a substantial heat value
which, according to enforcement guidance is nearly 5,000 to 8,000 BTU/lb.  A
blended hazardous waste is a legitimate fuel, if the mixture has substantial
heat value provided that the mixture does not contain a hazardous waste that
does not have a substantial heat value.  If a generator can show that each
hazardous waste in a mixture has substantial heat value as generated, the
.waste is considered a legitimate fuel regardless of the concentration of low
energy constituents in each waste or in the blended fuel.

     Burning a hazardous waste with little or no energy value does not consti-
tute legitimate recycling, even if the waste has been blended with a high-BTU
material (e.g., used oil or fuel oil) that makes the mixture a marketable fuel.

     The same principles that apply to hazardous wastes burned as legitimate fuels
apply to used oil.  In general, if a used oil acquires contaminants as listed
in 40 CFR §261, Appendix VIII, through normal use, it is not a hazardous waste,
and the enforcement policy does not apply.  However, if it acquires the contatoi'-
nants through purposeful mixing, it is a hazardous waste, and the enforcement
policy does apply.  In practice, whether used oil is subject to the enforcement
policy depends on how much information is available to the enforcing agency
regarding the origin of the oil.

     A January 11, 1985, EPA-proposed regulation sets a limit of 4000 parts per
million (ppm, 0.4%) as the distinguishing criterion between used oils that
picked up incidental, de minimus amounts of chlorinated material, and used oil
that was grossly adulterated with large amounts of spent solvents.  Used oil
containing more than 4000 ppm total chlorine is presumed to be a hazardous
waste under the mixture rule because it is mixed with a chlorinated hazardous
waste listed in Part 261 Subpart D.  However, persons can rebut the presump-
tion by demonstrating to enforcement officials that the chlorine content is
inorganic or that the chlorinated organics were not constituents of hazardous
wastes.

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                                                                9441.30 (84)
                             22 OCT 1984
                                                                        o>
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Or. A. R. Tarrer                                                        o£
Auburn University                                                       j-*
Hepartment of Chemical Enoineerina                                      %• -
23n Poss Hall                                                           ^"
Auburn University, Alabama  36849-3501                                  *r
                                                                          y.
                                                                        r* y
Denr Pr. Tarror:                                                        ° 
the waste has- been blended with a hioh-BTU inaterial (e.o., used         ox
oil or fuel oil) that'rakes the mixture a marketable fuel. . (See        r £•
the Federal P<»cistQr notice of March 16, 19553; 48 FP 111SP. and          ^J
the nuidance nemorandums of February 23, 1984, and July 5, 19fl4,        53 _
enclosed.]                                                              o c
                                                                        3 rr
                                                                          1
     Hhile the enclosed guidance documents pertain to ha7ardous         ^c
wastes burned as leaitimat* fuels, the same principles apply to         >- *•
used oil.  The main issue is whether the used oil became con-           ^*
taminated with hazardous constituents as listed in 40 CF.P 2^1,          ^*
Anpondix vni, through normal use or throuah purnospful mixinq          \j ^
with hazardous wastes.  As you probably know, used oil can              ^^
pickun small Amounts of chlorinated materials from.various sources.     ^ °-
For example, loaded oasoline contains chlorinated 'additives             tj •./;
("scavengers") that are deposited in crankcase oil.  Also, used         ^5
oil from vessels can easily pickup chlorine from salt water that        =>^
nay enter the enqine room, etc.  In fact, a recent study by my          h-o
office found that 563 of 590 samples of used oil contained some         ^3
amount o? chlorine.  In general, if the used oil acquires these         »
contaminants throuqh normal uso it is not a harardous wasto and
the enforcement policy docs not apply, while if it acquires the
contaminants throuqh mixina it is a haaardous waste and the en-
forcement policy do£s apply. . In practice, whether used oil is
subject to the enforcement policy depends on how much information
is available to the enforcing aqency reeardino the origin of the
oil.

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     We are in the process of developing a number off regulations
which will set standards for the manageraent of used oil, and of
hazardous wastes use<1 an fuels.  The first of these regulations,
the Waste-as-ruela Administrative Standards, is planned to be
proposed in January 1985.  These standards will, in addition to
a number of other requirements, set a specification for used oil
that will clearly distinguish between used oil used' as a fuel and
hazardous waste uaed as a fuel.  We have recognized that an effi-
cient moans *»ust be established to distinguish between used oils
that have picked up incidental, 
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                                     28 IS&
    MEMORANDUM
       DATE
    SUBJECT:  Guidance on Determining  When  a  Hazardous  Waste Is a
            .  Legitimate Fuel That May Be Burned  for  Energy Recovery
              in a Boiler or Industrial Furnace

       FROM:  John H. Skinner, Director
              Office of Solid Waste  (WH-562)

         TO   Thomas W. Devine
              Director, Air and Waste  Management  Division
              Region IV


         This is in response to your January  13 memo  requesting guidance
    on allowable concentrations of halogenated solvents in waste fuels
    burned in high-efficiency boilers  and rotary  kiln incinerators.

         This issue is understandably  creating some confusion in your
    Region and others as well.  I believe that clarification of the
    following three points can clear up the confusion:   (1) the types
    of combustion devices that can legitimately recover energy; (2) the
    hazardous wastes that are legitimate fuels; and  (3)  the status of
    our efforts to regulate burning  in boilers and  industrial furnaces.

         Legitimate energy recovery  can occur only when a  legitimate
    fuel is burned in a legitimate energy recovery device.  The enforce-
    ment guidance you referenced (48 FR 11157 (March  16, 1983)) and
    the subsequent proposed amendments to the solid waste  definition
    (48 FR 14507-511 (April 4, 1983))  provide guidance  to  identify
    legitimate energy recovery combustion devices and legitimate fuels.

         A legitimate energy recovery  device  must be  a  boiler that
    recovers usable heat (i.e., not  just to preheat combustion air) or
    an industrial furnace (e.g., process kiln, smelter, or blast fur-
    nace) where the waste replaces other fuels.   An  incinerator cannot
    burn hazardous waste without a RCRA permit.

         A hazardous waste is a legitimate  fuel  if  it has  substantial
    heat value, as generated.  A blended hazardous waste is a legitimate
    fuel if the mixture has substantial heat  value,  provided that the
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                                  CONCURRENCES
DATE
                WH-5o5
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                          WH-552
                        ..J.. Skinner.
EPA r.
      13A.I '
OFFICIAL FILE COPY
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                                 2-
 mixture does  not  contain  a  hazardous waste that  does  not  have  sub-
 stantial  heat value.The enforcement guidance  indicates  that  a
 waste  has substantial  heat  value if it has a heat  value of  5,000
 to 8,000  BTU/lb,  as a  rule  of thumb.  Thus, a hazardous waste  with
 less than 5,000 BTU/lb heat value as generated  is  not considered
 to be  a legitimate fuel,  and any waste that is  intentionally mixed
 with such a low heat value  waste is not a legitimate  fuel.   For
 enforcement purposes,  if  a  waste fuel contains  high concentrations
 (say,  >5%) of low heat value hazardous wastes,  the Agency would
 have good reason  to assume  that intentional mixing has occurred,
 and should request documentation to the contrary from the party
 claiming  the  exemption.  If it can be shown that each hazardous
 waste  in  the  mixture has  substantial heat value  as generated,  i.e.,
 >5,000 BTU/lb, the waste  is a legitimate fuel regardless  of the
 concentration of  low energy constituents (e.g.,  halogenated compounds
 like chlorinated  solvents)  in each waste or in  the blended  fuel.

     The  distinction between legitimate and illegitimate  waste
 fuels  is, at  this point,  a  temporary necessity.  We are regulating^
 the burning of waste fuel in boilers and industrial furnaces under
 a two-phased  approach. We  will propose a rule  this summer  that
 prohibits burning in nonindustrial boilers of any  hazardous waste
 and used  oils that exceed a specification for toxic contaminants.
 Marketers and burners  of  hazardous waste fuels  burned in  industrial
 boilers and furnaces (and utility boilers) would be subject to
 notification, transportation, and storage requirements.   Marketers
 and burners of off-specification used oil fuel  would  be subject  to
 notification  requirements and an invoice system  to track  shipments.

     Technical controls on  burning waste fuels  in  industrial boilers
 and furnaces  will be proposed in spring 1985.-  We  are now looking
 at regulatory alternatives  for these units.  When  these regulations
 are promulgated,  we will  have controls for burning of hazardous
 wastes in these units  regardless of purpose (i.e., regardless  of
 whether the waste is a legitimate fuel burned for  energy  recovery
 or a low  energy waste  burned for destruction).

     If you have  comments or questions, please  contact Dave Sussman
 of our Waste  Treatment Branch at 382-7917.


 cc: Hazardous Waste  Division Directors, Regions I-x
     Ginny Steiner, Solid  Waste Enforcement
     Steve Silverman, Legal  Counsel

bcc: Steve Lingle, Waste Treatment Branch
     Bob  Holloway, Waste Treatment Branch
     Dave  Sussman, Waste Treatment Branch

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MEMORANDUM

SUBJECT:  K001 Sludge Use as, a Boiler Fuel
                                                    JUL  5 1384
   FROM:  John H. Skinner
          Director, Office of Solid Waste (WH-562)

     TO:  Thomas W. Devine
          Director, Air and Waste Management Division
          EPA Region "IV


     This is in response to your memo of June 5, 1984, concerning*
whether K001 sludge qualifies as a legitimate fuel.  A number of
wood preservers around the country are routinely burning K001
sludge along with wood waste in their process steam boilers.  K001
sludge contains a number of constituents, some of which (such as
pentachlorophenol) have little or no heat value.  Others may
have high heat value, "bringing the average BTU of the sludge to a
level that would constitute legitimate recycling, i.e., approximately
5000 BTU per pound.  In order to .make the determination as to
whether burning a specific K001 sludge is legitimate recycling, it
must be determined that the sludge has not been mixed with high
BTU wastes to upgrade its heat value in order to circumvent the
policy set forth in the March 16, 1983, Federal Register, -page
11158, second paragraph.

     As you know, we are developing standards to regulate" the
burning of hazardous wastes in industrial boilers and industrial
process furnaces.  When those standards are in place, we will
regulate the burning of hazardous waste in these devices regardless
of purpose, i.e., energy recovery or destruction.  The performance
requirements will be basically the same as for hazardous waste
incinerators under 40 CFR 264.343.  At that time, the policy
stated in the March 16, 1983, Federal Register will become moot as
burning"for "energy recovery" or "beneficial usage" will no longer
be the issue.

     When these regulations are in place, burning K001 sludge in a
wood fired boiler that generates process steam will require a
RCRA permit and probably a trial burn.  However, should we decide
to change the listing of K001 to include the dioxins and require
"special management standards" as we have proposed for the F020

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to 025 scries of wastes, we would probably not allow combustion of
this waste in a boiler.  Until all these regulations are in place
you must use the guidance in the March 16, 1983, and February 28,
1984, policy documents to determine whether this specific K001
waste is a legitimate fuel.  We simply do not have adequate data
to declare all KOOl waste non-legitimate fuel and require the
owners of these boilers to obtain RCRA incinerator permits.
Furthermore, we know that this practice will fall under a different
regulatory program in the future and thus, such a declaration is
not appropriate.

     Our advice in this situation is to inform the Langdale
Company and the other /wood preservers thatt

     (1)  The current regulatory exclusion for burning hazardous
          waste in energy recovery facilities is granted only for
          legitimate recycling (cite guidance) and that it is their
          responsibility to have appropriate documentation of BTU
          values of their KO01 sludge and to demonstrate that high
          BTU wastes have not been blended into the KOOl sludge to
          increase heat value.

     (2)  The burning of KOOl sludge as a fuel in industrial
          process steam boilers will be regulated under a forth-
          coming EPA rule and that they will likely be required to
          obtain a RCRA permit when that rule becomes effective.

     (3)  In addition, they will probably have to meet performance
          standards similar to hazardous waste incinerators and
          probably perform a trial burn.

     (4)  We still have the authority to regulate this activity
          under Subpart O, if appropriate.  The decision of using
          this course of action will be clarified with the new
          •definition of solid waste" to be promulgated this fall*

     (5)  There is a possibility of changing the KOOl .listing to
          include dioxin and the possibility of "special management
          standards" that may preclude the burning of the waste in
          boilers if the performance necessary to protect public
          health cannot be assured in these devices.

     (6)  The storage of these wastes prior to burning is
          subject to full regulation for storage over 90 days.

     (7)  The residue from burning these listed wastes is also
          presently regulated under Subtitle C and requires disposal
          in a Subtitle C facility or must be delisted.  Likewise,
          characteristic waste residue must be disposed in a Subtitle
          C facility unless  it no longer meets the criteria  in  k
          40 CFR 261.21 through  261.24.

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     For more information on the waste-as-fuels regulatory approach,
please contact David B. Sussman, Manager, Waste Combustion Program
(FTS 382-7927).

cct  Regional waste Management Division Directors
     Regions I-III and V-X

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