R315-15-7. Standards for Used Oil Fuel Marketers

  7.1 APPLICABILITY

  (a) Any person who conducts either of the following activities is a used oil fuel marketer and is subject to the requirements of R315-15-7 and R315-15-13.7:

  (1) Directs a shipment of off-specification used oil from their facility to a used oil burner; or

  (2) First determines and claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in R315-15-1.2.

  (b) The following persons are not used oil fuel marketers subject to R315-15-7:

  (1) Used oil generators, and transporters who transport used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. However, processors/re-refiners who burn some used oil fuel for purposes of processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processors/re-refiners who incidentally burn used oil are not marketers subject to R315-15-7;

  (2) Persons who direct shipments of on-specification used oil and who are not the first person to claim the oil meets the used oil fuel specifications of R315-15-1.2.

  (c) Any person subject to the requirements of R315-15-7 shall also comply with one of the following:

  (1) R315-15-2 - Standards for Used Oil Generators;

  (2) R315-15-4 - Standards for Used Oil Transporters and Transfer Facilities;

  (3) R315-15-5 - Standards for Used Oil Processors and Re-refiners; or

  (4) R315-15-6 - Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery.

  (d) A person may not act as a used oil fuel marketer without receiving a registration number and a used oil handler certificate, both issued by the Director as required by R315-15-13.7 and R315-15-13.8.

  7.2 PROHIBITIONS

  A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who:

  (a) Has an EPA identification number; and

  (b) Burns the used oil in an industrial furnace or boiler identified in R315-15-6.2(a).

  7.3 ON-SPECIFICATION USED OIL FUEL

  (a) Analysis of used oil fuel. A used oil fuel marketer who is a used oil generator, transporter, transfer facility, processor/re-refiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of R315-15-1.2 and the PCB requirements of R315-15-18 by performing analyses or obtaining copies of analyses or other information approved by the Director documenting that the used oil fuel meets the specifications. Used oil is not considered to be on-specification until it has been certified as such by a registered used oil fuel marketer in accordance with the used oil fuel marketer's analysis plan, approved by the Director.

  (b) Record retention. A generator, transporter, transfer facility, processor/re-refiner, or burner who first certifies that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under R315-15-1.2 and the PCB requirements of R315-15-18 shall keep copies of analyses of the used oil, or other information used to make the determination, for three years.

  7.4 NOTIFICATION

  (a) Identification numbers. A used oil fuel marketer subject to the requirements of R315-15-7 who has not previously complied with the notification requirements of RCRA section 3010 shall comply with these requirements and obtain an EPA identification number.

  (b) A marketer who has not received an EPA identification number may obtain one by notifying the Director of their used oil activity by submitting either:

  (1) A completed EPA Form 8700-12; or

  (2) A letter to the Director requesting an EPA identification number. The letter shall include the following information:

  (i) Marketer company name;

  (ii) Owner of the marketer;

  (iii) Mailing address for the marketer;

  (iv) Name and telephone number for the marketer point of contact; and

  (v) Type of used oil activity, e.g., generator directing shipments of off-specification used oil to a burner.

  7.5 TRACKING

  (a) Off-specification used oil delivery. Any used oil marketer who directs a shipment of off-specification used oil to a burner shall keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:

  (1) The name and address of the transporter who delivers the used oil to the burner;

  (2) The name and address of the burner who will receive the used oil;

  (3) The EPA identification number of the transporter who delivers the used oil to the burner;

  (4) The EPA identification number of the burner;

  (5) The quantity of used oil shipped; and

  (6) The date of shipment.

  (b) On-specification used oil delivery. A generator, transporter, transfer facility, processor/re-refiner, or burner who first certifies that used oil that is to be burned for energy recovery meets the fuel specifications under R315-15-1.2 shall keep a record of each shipment of used oil to an on-specification used oil burner. Records for each shipment shall include the following information:

  (1) The name and address of the facility receiving the shipment;

  (2) The quantity of used oil fuel delivered;

  (3) The date of shipment or delivery; and

  (4) A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specifications required under R315-15-7.3(a) and the PCB requirements of R315-15-18.

  (c) Record retention. The records described in R315-15-7.5(a) and (b) shall be maintained for at least three years.

  7.6 NOTICES

  (a) Certification. Before a used oil generator, transporter, transfer facility, or processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, he shall obtain a one-time written and signed notice from the burner certifying that:

  (1) The burner has notified the Director stating the location and general description of used oil management activities; and

  (2) The burner has obtained an EPA identification number and, if the off-specification used oil is burned in Utah, an off-specification used oil burner permit and current used oil handler certificate from the Director; and

  (3) The burner will burn the off-specification used oil only in an industrial furnace or boiler identified in R315-15-6.2(a).

  (b) Certification retention. The certification described in R315-15-7.6(a) of this section shall be maintained for three years, at the permitted facility or other location approved by the Director, from the date the last shipment of off-specification used oil is shipped to the burner.

  7.7 LABORATORY ANALYSES

  Used oil marketers shall use a Utah-certified laboratory, as specified in R315-15-1.8, to satisfy the analytical requirements of R315-15-7.