DAR File No. 32726

Environmental Quality, Solid and Hazardous Waste

R315-15-13

Registration and Permitting of Used Oil Handlers

NOTICE OF PROPOSED RULE

DAR File No.: 32726
Filed: 06/11/2009, 02:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to allow hazardous waste incinerator facilities holding a valid Utah hazardous waste permit to burn off-specification used oil for energy recovery without having to also obtain a separate off-specification used oil burner permit under the Utah Used Oil Management Rules.

Summary of the rule or change:

The amendment allows Utah permitted hazardous waste incinerator facilities to be permitted by rule to burn off-specification used oil for energy recovery, rather than requiring a separate permit under the Used Oil Management Rules, as long as certain conditions are met.

State statutory or constitutional authorization for this rule:

Section 19-6-704

Anticipated cost or savings to:

the state budget:

Currently, there is only one permitted hazardous waste incinerator facility in the state. The Division of Solid and Hazardous Waste budget would decrease by a one-time $100 permit application fee and an annual $100 used oil handler fee.

local governments:

Local government agencies will not bear any financial impacts by allowing this hazardous waste incinerator facility to continue operating without obtaining an additional state permit to burn off-specification used oil for energy recovery.

small businesses and persons other than businesses:

Allowing this hazardous waste facility to burn off-specification used oil for energy recovery without an additional permit will have no financial impact on any other persons or small businesses.

Compliance costs for affected persons:

This proposed rule change will save the hazardous waste incinerator facility the costs of preparing and submitting an additional permit application and an annual used oil handlers report and fee.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated increased costs due to this proposed rule change. Amanda Smith, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Jim Smith at the above address, by phone at 801-538-7061, by FAX at 801-538-6715, or by Internet E-mail at jwsmith@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-15. Standards for the Management of Used Oil.

R315-15-13. Registration and Permitting of Used Oil Handlers.

13.1 DO-IT-YOURSELFER USED OIL COLLECTION CENTERS

 

. . . . . . .

 

13.6 USED OIL BURNERS

(a) Specification used oil fuel burners. Facilities burning only on-specification used oil fuel are not required to register as used oil burners with the Executive Secretary.

(1) Applicability. These requirements apply to persons burning only used oil that meets the used oil fuel specification of Section R315-15-1.2, provided that the burner also complies with the requirements of Section R315-15-7.3. Persons burning specification used oil fuel shall be considered to have an authorization from the Department, for the purpose of this section, if they hold a valid air quality operating order, or are exempt under Section R315-15-2.4.

(2) Notification. Specification used oil fuel burners are required to notify the Executive Secretary by submitting a letter that includes the following information:

(i) Company name and location;

(ii) Owner of the company; and

(iii) Name and telephone number for the company point of contact.

(b) Off-specification used oil fuel burners

(1) Applicability. The permitting requirements of this section apply to used oil burners who burn off-specification used oil for energy recovery except as specified in Subsections R315-15-6.1(a)(1) through (3). A person may not burn off-specification used oil fuel for energy recovery without holding a permit issued by the Executive Secretary.

(2) Permit application. The application for a permit shall include the following information regarding the facility:

(i) the name and address of the operator;

(ii) the location of the facility;

(iii) the type of containment and type and capacity of storage;

(iv) the type of burner to be used;

(v) the methods of disposing of any waste by-products;

(vi) the status of business, zoning, and other applicable licenses and permits required by federal, state, and local governmental entities;

(vii) an emergency spill containment plan;

(viii) proof of insurance or other means of financial responsibility for liabilities that may be incurred in storing and burning off-specification used oil fuels.

(ix) proof of form and amount of reclamation surety for any facility receiving and burning off-specification used oil.

(x) A closure plan meeting the requirements of Section R315-15-11.

(3) Permit fees. Registration and permitting fees are established under the terms and conditions of Section 63-38-3. A copy of the Division's Fee Schedule is available upon request. Payment of appropriate fees is required prior to issuance of registration numbers or permit approvals.

(4) Changes in information. The owner or operator of the facility shall notify the Executive Secretary in writing of any changes in the information submitted during permit application within 20 days of the change.

(5) Permits by rule. Any facility permitted by rule is not required to obtain a permit as required by Subsection R315-15-13.6(b)(1), but may be required to follow operational practices, as determined by the Executive Secretary, to minimize risk to human health or the environment. A permit by rule is conditional upon continued compliance with the requirements of R315-15-13.6(b), as determined by the Executive Secretary. Notwithstanding any other provisions of Section R315-15-13.6, a hazardous waste incinerator facility which has been issued a final permit under R315-3-1, and which implements the requirements of R315-8-15, shall be deemed to have an approved off-specification used oil burner permit if that facility meets all of the following conditions:

(i) Burns off-specification used oil only in devices specified in R315-15-6.2(a);

(ii) Stores used oil in the manner described in R315-15-6.5;

(iii) Tracks off-specification used oil shipments as described in R315-15-6.6;

(iv) Complies with Sections R315-15-6.3 and R315-15-6.7;

(v) Modifies its closure plan required under Section R315-8-7 (Closure and Post Closure), to include used oil storage and burning devices, taking into account any used oil activities at this facility;

(vi) Modify its financial mechanism or mechanisms required under Section R315-8-8 (Financial Requirements), using a mechanism other than a corporate financial test/corporate written guarantee, to reflect the used oil activities at the facility; and

(vii) Submits to the Executive Secretary the information required by Subsection R315-15-13.6(b)(2)(i) through (vi), and a one-time declaration that the facility intends to burn off-specification used oil.

([5]6) Annual Reporting. Each off-specification used oil burner, including those permitted by rule under R315-15-13.6(b)(5), shall submit an annual report to the Division of their activities during the calendar year. The annual report shall be submitted to the Division no later than March 1, of the year following the reported activities. The annual report shall either be submitted on a form provided by the Division or shall contain the following information:

(i) the EPA identification number, name, and address of the burner facility;

(ii) the calendar year covered by the report; and

(iii) the total amount of used oil burned.

13.7 USED OIL FUEL MARKETERS

(a) Applicability. A person may not act as a used oil fuel marketer, as defined in Section R315-15-7, without holding a registration number issued by the Executive Secretary.

(b) General. The application for a registration number shall include the following information regarding the facility acting as a used oil fuel marketer:

(1) The name and address of the marketer.

(2) The location of any facilities used by the marketer to collect, transport, process, or store used oil subject to separate permits, or registrations under this section.

(3) the status of business, zoning, and other applicable licenses and permits required by federal, state, and local governmental entities, including registrations or permits required under this part to collect, process/re-refine, transport, or store used oil.

(4) Registration fees. Registration and permitting fees are established under the terms and conditions of Section 63-38-3. A copy of the Division's Fee Schedule is available upon request. Payment of appropriate fees is required prior to issuance of registration numbers.

(5) Changes in information. The owner or operator of the facility shall notify the Executive Secretary in writing of any changes in the information submitted to apply for a registration within 20 days of the change.

 

KEY: hazardous waste, used oil

Date of Enactment or Last Substantive Amendment: [March 13, 2008]2009

Notice of Continuation: October 4, 2007

Authorizing, and Implemented or Interpreted Law: 19-6-704