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Subpart 225-2 Fuel Composition and Use - Waste Fuel

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105)

[Filed 6/28/83. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. Contacts for technical questions for Subparts 225-1, and 225-2: Bureau of Stationary Sources at (518) 402-8403; Subpart 225-3: Bureau of Air Quality Planning at (518) 402-8396; Subpart 225-4: Bureau of Mobile Soruces and Technology Development at (518) 402-8292.

Contents:

Sec.

§225-2.1 Applicability

This Subpart applies to the use of and trade in liquid and semi-liquid waste fuel to be burned for energy recovery.

§225-2.2 Definitions

(a) For the purposes of this Subpart, the general definitions in Part 200 of this Title apply.

(b) For the purposes of this Subpart, the following definitions also apply:

(1) Combustion efficiency (C.E.). A measure of the completeness of combustion, determined by the measurement of carbon dioxide (CO2 ) and carbon monoxide (CO) in flue gas.

Equation for Combustion efficiency determination

(2) Fuel oil. Any virgin distillate oil, virgin residual oil, re-refined oil or a blend of these.

(3) Reprocessed oil. A waste oil from which physical and/or chemical contaminants have been removed so that such oil is suitable for productive use.

(4) Re-refined oil. Any waste oil from which physical and/or chemical contaminants have been removed so that it is substantially equivalent to virgin distillate or virgin residual oil.

(5) Residual oil. A fuel oil which meets the latest American Society for Testing and Materials (ASTM) specification number D396 for residual for residual fuel oils (either #4, #5 or #6).

(6) Total halogens. The total organic and inorganic halides (fluorine, F; chlorine, Cl; bromine, Br; iodine, I), expressed as chloride present in a fuel oil or waste fuel, in parts per million by weight (water free basis).

(7) Chemical waste. Liquid or semi-liquid waste other than waste oil, including but not limited to spent solvents, tars, paints, resins and wastes and sludges from any process.

(8) Waste fuel. Either of the following to be burned singly, together or in combination with fuel oil:

(i) waste fuel A; or

(ii) waste fuel B.

(9) Waste fuel A. Any waste oil, fuel oil or mixture of these to be burned which contains between 25 and 250 parts per million (by weight) lead and which meets the limitations of Table 2-1 of section 225-2.4 of this Subpart and does not contain chemical waste.

(10) Waste fuel B. Any fuel to be burned which does not meet the limitations of Table 2-1 of section 225-2.4 of this Subpart and/or contains any chemical waste.

(11) Waste Oil. Used and/or reprocessed engine lubricating oil and/or any other used oil, including but not limited to, fuel oil, engine oil, gear oil, cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil and vegetable oil, which has not subsequently been re-refined.

§225-2.3 Eligibility to burn waste fuel A

(a) Except as provided in subdivision (b) of this section and in sections 225-2.4 and 225-2.5 of this Subpart, no person may burn waste fuel A in any stationary combustion installation, incinerator or process.

(b) An owner or operator of any of the following emission sources located outside New York County may be excepted from the prohibition of subdivision (a) of this section subject to the conditions specified:

(1) Stationary combustion installation, by including special conditions in the applicable permit/certificate, after written application by the owner or operator is submitted to the commissioner, in accordance with Part 201 of this Title. As a minimum, the following conditions must be met for an exception to be granted:

(i) the maximum operating heat input is 20 million Btu per hour or greater; and

(ii) the combustion efficiency of the installation is demonstrated to the commissioner to be at least 99 percent while burning waste fuel A.

(2) Incinerator, by including special conditions in the applicable permit/certificate, after written application by the owner or operate is submitted to the commissioner. As a minimum, the following conditions must be met for an exception to be considered:

(i) the furnace capacity exceeds 2,000 pounds per hour of refuse charged and will burn Type 0, 1, 2, 3 or 4 refuse; and

(ii) the combustion efficiency is demonstrated to the commissioner to be at least 99 percent while burning waste fuel A.

(3) Process, by including special conditions in the applicable permit/certificate, after written application by the owner or operator is submitted in accordance with Part 201 of this Title to the commissioner. As a minimum, the following conditions must be met for an exception to be considered: the combustion efficiency is demonstrated to the department to be at least 99 percent while burning waste fuel A.

§225-2.4 Eligibility to burn waste fuels A and B

(a) Any owner and/or operator of an emission source may receive a permit and/or certificate to burn waste fuel A and/or waste fuel B in response to written application to the commissioner by the owner and/or operator, including submittal of the following information:

(1) a demonstration, to the satisfaction of the commissioner, that the emissions resulting from the use of the waste fuel comply with section 200.6 of this Title;

(2) fuel analyses representative of the waste fuel to be burned and acceptable to the commissioner;

(3) a demonstration, to the satisfaction of the commissioner, showing compliance with the provisions of 40 CFR Part 761 (see Table 1, section 200.9 of this Title), if the waste fuel B contains 50 ppm by weight or greater of polychlorinated biphenyls (PCB) or is otherwise regulated as PCB waste under 40 CFR Part 761 (see Table 1, section 200.9 of this Title); and

(4) a demonstration of compliance with guidelines issued by the commissioner relative to the burning of waste fuel.

(b) Table 2-1

TABLE 2-1

Fuel Constituents/Property
Constituent/Property Allowable
Polychlorinated Biphenyls (PCB) Less than 50 ppm (1)
Total Halogens 1,000 ppm (1) maximum
Sulfur See Subpart 225-1 for sulfur limitations
Lead 250 ppm (1) maximum
Gross Heat Content 125,000 (Btu/gal) minimum

(1) Parts per million (ppm) by weight (water free basis) of fuel.

§225-2.5 Permit and/or certificate requirements

(a) Except as provided in subdivision (b) of this section, no person may initiate construction of a new emission source, or modification, or operate an air contamination source in which waste fuel is to be burned until all applicable provisions of this Subpart have been met and the necessary permits to construct and/or certificates to operate may have been issued in accordance with Part 201 of this Title.

(b) An owner or operator of the following emission sources may burn waste oil and be excepted from the requirement of subdivision (a) of this section, subject to the conditions specified:

(1) Space heater located in automotive service facilities, where the following conditions for an exception are met:

(i) the maximum operating heat input is less than one million Btu per hour;

(ii) waste oil is generated on site; and

(iii) the waste oil to be burned contains no chemical waste.

(2) Mobile emission source where the waste oil is generated in the same emission source.

§225-2.6 Sale or use of waste fuels A and B

(a) Fuel oil and waste oil, except such fuel containing 50 ppm or more by weight of polychlorinated biphenyls (PCB), may be blended to meet the limitations of Table 2-1 of section 225-2.4 of this Subpart. Blending must be performed prior to delivery of the fuel to a facility burning waste fuel A.

(b) The department also regulates the burning, collection, transport and storage of waste fuel as a solid waste under the regulations* promulgated pursuant to article 27, titles 3,7 and 9 and article 23 of the Environmental Conservation Law (ECL).

(c) No person may sell, offer for sale, deliver or exchange in trade any waste fuel except to a facility meeting the applicable requirements of this Subpart and the regulations* promulgated pursuant to article 27, titles 7 and 9 and article 23, title 23 of ECL or to a transporter of waste fuel who is permitted under 6 NYCRR Part 364.

(d) No owner or operator of a facility proposing to burn waste fuel or transporter of waste fuel may purchase, accept delivery, pick up or accept in trade any waste fuel unless the facility receiving or proposing to burn waste fuel meets the applicable requirements of this Subpart and the regulations* promulgated pursuant to article 27, titles 7 and 9 and article 23, title 23 of the ECL and the transporter of waste fuel is permitted under 6 NYCRR Part 364.

_________________________

*As of the date of promulgation of Subpart 225-2, these regulations include 6 NYCRR Parts 360, 361, 364, 365 and 366. Revision and renumbering of these regulations is expected.

§225-2.7 Reports, sampling and analysis of waste fuels A and B

(a) The commissioner may require the owner and/or operator of an air contamination source burning waste fuel regulated under section 225-2.4 of this Subpart to:

(1) sample, analyze and measure quantities of all waste fuel received and/or burned;

(2) monitor emissions and/or operations; and

(3) maintain records of quantities of waste fuel B received and the names and addresses of waste fuel suppliers for three calendar years.

(b) Any person delivering waste fuel A to a facility burning such waste fuel, must perform analyses or adopt procedures to assure compliance with Table 2-1 of section 225-2.4 of this Subpart prior to delivery. The attendant records of such assurance and the quantities and the identification (including names and addresses) of all buyers and users of such waste oil must be retained by the supplier for three calendar years.

(c) Any person delivering waste fuel A and/or B to a facility burning such waste fuel, must maintain records of the identification and quantity of all waste fuel A and/or B delivered to that facility and report such information to the owner of that facility.

(d) Any person required to maintain and retain records pursuant to this section must make such records available for inspection by the commissioner or his representative during normal business hours. Such person(s) must furnish copies of such records to the commissioner or his representative upon request.

(e) Sampling and analysis of waste fuel samples must be carried out in accordance with methods acceptable to the commissioner. A list of acceptable methods may be obtained from any office of the Department of Environmental Conservation.

§225-2.8 Existing air contamination sources

Any person who, on the effective date of this Subpart, owns or operates an existing air contamination source in which waste fuel is being burned must either:

(a) possess a valid certificate to operate meeting the requirements of section 225-2.5(a) of this Subpart; or

(b) within 180 days of the effective date of this Subpart, submit a complete application for an amended certificate to operate for burning waste fuel. If a certificate to operate is denied, the owner and/or operator must discontinue burning waste fuel within 45 days of receipt of the denial.