FAXBACK 12319
PPC 9441.1984(30)
USED OIL CONTAMINATION THROUGH NORMAL USE OR MIXING WITH HAZARDOUS WASTE -
RECYCLING DEFINED
22 OCT 1984
Dr. A.R. Tarrer
Auburn University
Department of Chemical Engineering
230 Ross Hall
Auburn University, Alabama 36849-3501
Dear Dr. Tarrer:
This is in response to your letter of September 20, 1984, in
which you requested a clarification of the Environmental Protection
Agency's (EPA) policy for distinguishing legitimate from "sham"
recycling. In general, burning a hazardous waste with little or
no energy value does not constitute legitimate recycling, even if
the waste has been blended with high-BTU material (e.g., used
oil or fuel oil) that makes the mixture a marketable fuel. (See
the Federal Register notice of March 16, 1983; 48 FR 11158 and
the guidance memorandums of February 28, 1984, and July 5, 1984,
enclosed.)
While the enclosed guidance documents pertain to hazardous
wastes burned as legitimate 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 CFR 261,
Appendix VIII, through normal use or through purposeful mixing
with hazardous wastes. As you probably know, used oil can
pickup small amounts of chlorinated materials from various sources.
For example, leaded gasoline contains chlorinated additives
("scavengers") that are deposited in crankcase oil. Also, used
oil from vessels can easily pickup chlorine from salt water that
may enter the engine room, etc. In fact, a recent study by my
office found that 568 of 590 samples of used oil contained some
amount of chlorine. In general, if the used oil acquires these
contaminants through normal use it is not a hazardous waste and
the enforcement policy does not apply, while if it acquires the
contaminants through mixing it is a hazardous waste and the en-
forcement 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.
We are in the process of developing a number of regulations
which will set standards for the management of used oil, and of
hazardous wastes used as fuels. The first of these regulations,
the Waste-as-Fuels 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 fuel and
hazardous waste used as fuel. we have recognized that an effi-
cient means must be established to distinguish between used oils
that have picked up incidental, the minimis amounts of chlorinated
material, and used oil that has been grossly adulterated with
large amounts of spent solvents. In the proposal, a limit of 4000
parts per million (0.4%) is the distinguishing criterion. Used
oil with greater than 4000 ppm total chlorine will be presumed to
have been mixed with agent chlorinated solvents, and, unless a
person can show no mixing has occurred, the material will be regu-
lated as hazardous waste (not used oil). Used oil with less than
4000 ppm chlorine will not be presumed to contain hazardous waste.
(However, if EPA received information that mixing had in fact
occurred, we would retain authority to regulate the mixture as
hazardous waste.)
I hope this explanation will help you clear up your problems
with the Alabama Department of Environmental Management. While
our interpretation of our March 16, 1983, Federal Register Notice
regarding Appendix A constituents and our intentions regarding the
use of used oil and hazardous wastes as fuels differs from the
State of Alabama, you should be aware that States can, under the
RCRA system, establish standards more stringent than EPA's. If you
require further assistance, contact Michael Petruska of my staff
at (202) 382-7917.
Sincerely yours,
John H. Skinner
Director
Office of Solid Waste (WH-562)
Enclosures
cc: Mr. Dan Cooper, ADEM
Mr. Larry Dunning, Region IV
Mr. Fred Braswell, ADECA
-------------------
FEB 28 1984
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
and 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
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 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-phase 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 not looking
at regulatory alternatives for these unit. 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
-------------------
JUL 5 1984
MEMORANDUM
SUBJECT: K001 Sludge Use as a Boiler Fuel
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 a 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
to 025 series 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 K001 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 that:
(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 K001 sludge and to demonstrate that high
BTU wastes have not been blended into the K001 sludge to
increase heat value.
(2) The burning of K001 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 K001 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
40 CFR 261.24.
For more information on the waste-as-fuels regulatory approach,
please contact David B. Sussman, Manager, Waste combustion Program
(FTS 382-7927).
cc: Regional Waste Management Division Directors
Regions I-III and V-X