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
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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
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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
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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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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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