Ala. Admin. Code r. 335-14-17-.08 – Standards For Used Oil Fuel Marketers

(1) Applicability.
1. (a) Any person who conducts either of the following activities is subject to the requirements of 335-14-17-.08:
  1. 1. Directs a shipment of off-specification used oil from their facility to a used oil burner; or
  2. 2. First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Rule 335-14-17-.02(2).
2. (b) The following persons are not marketers subject to 335-14-17-.08:
  1. 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 used oil processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processor/re-refiners who incidentally burn used oil are not marketers subject to 335-14-17-.08;
  2. 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 Rule 335-14-17-.02(2).
3. (c) Any person subject to the requirements of 335-14-17-.08 must also comply with one of the following:
  1. 1. Rule 335-14-17-.03--Standards for Used Oil Generators;
  2. 2. Rule 335-14-17-.05--Standards for Used Oil Transporters and Transfer Facilities;
  3. 3. Rule 335-14-17-.06--Standards for Used Oil Processors and Re-refiners; or
  4. 4. Rule 335-14-17-.07--Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery.
(2) Prohibitions. A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who:
1. (a) Has an EPA identification number; and
2. (b) Burns the used oil in an industrial furnace or boiler identified in Rule 335-14-17-.07(2)(a).
(3) On-Specification used oil fuel.
1. (a) Analysis of used oil fuel. A generator, transporter, processor/re-refiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of Rule 335-14-17-.02(2) by performing analyses or other information documenting that the used oil fuel meets the specifications.
2. (b) Record retention. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under Rule 335-14-17-.02(2), must keep copies of analyses of the used oil (or other information used to make the determination) for three years.
(4) Notification.
1. (a) A used oil fuel marketer subject to the requirements of 335-14-17-.08 must obtain an EPA identification number within 30 days of the effective date of these Rules or prior to marketing used oil fuel, whichever is later.
2. (b) A marketer who has not received an EPA identification number may obtain one by notifying the Department of their used oil activity by submitting a completed ADEM Form 8700-12, Notification of Regulated Waste Activity. (To obtain this form, call the Department’s Land Division at (334) 271-7730.)
(5) Tracking.
1. (a) Off-specification used oil delivery. Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner to which it delivers the used oil. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information:
  1. 1. The name and address of the transporter who delivers the used oil to the burner;
  2. 2. The name and address of the burner who will receive the used oil;
  3. 3. The EPA identification number of the transporter who delivers the used oil to the burner;
  4. 4. The EPA identification number of the burner;
  5. 5. The quantity of used oil shipped; and
  6. 6. The date of shipment.
2. (b) On-specification used oil delivery. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under Rule 335-14-17-.02(2) must keep a record of each shipment of used oil to the facility. Records for each shipment must include the following information:
  1. 1. The name and address of the facility receiving the shipment;
  2. 2. The quantity of used oil fuel delivered;
  3. 3. The date of shipment or delivery; and
  4. 4. A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under Rule 335-14-17-.08(3)(a).
3. (c) Burners of on-specification used oil produced on-site. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned on-site for energy recovery meets the fuel specifications under Rule 335-14-17-.02(2) must keep a record of the amount of used oil produced and used for this purpose. The record must include the following information:
  1. 1. The quantity of used oil declared on-specification and burned for energy recovery; and
  2. 2. A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under Rule 335-14-17-.08(3)(a).
4. (d) Records retention: The records described in 335-14-17-.08(5)(a) and (b) must be maintained for at least three (3) years.
(6) Notices.
1. (a) Certification. Before a used oil generator, transporter, or processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, he must obtain a one-time written and signed notice from the burner certifying that:
  1. 1. The burner has notified the Department stating the location and general description of used oil management activities; and
  2. 2. The burner will burn off-specification used oil only in an industrial furnace or boiler identified in Rule 335-14-17-.07(2)(a).
2. (b) Certification retention. The certification described in 335-14-17-.08(6)(a) must be maintained for three (3) years from the date the last shipment of off-specification used oil is shipped to the burner.

Author: James T. Shipman, C. Edwin Johnston, Bradley N. Curvin

Statutory Authority: Code of Ala. 1975, §§22-22A-4(n), 22-22A-5(3), 22-22A-5(4), 22-22A-5(20), 22-30-9(5).

History: New rule: Filed November 30, 1994 effective January 5, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 2, 1996; effective March 8, 1996. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed April 22, 2004; effective May 27, 2004. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed April 22, 2008; effective May 27, 2008.