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Express Terms Subpart 225-2, Fuel Composition and Use - Waste Oil as a Fuel

Existing 6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Fuels is repealed. A new Subpart 225-2, Fuel Composition and Use - Waste Oil as a Fuel is added as follows:

6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Oil as a Fuel

Section 225-2.1 Applicability.

This Subpart applies to the use of waste oil to be burned as a fuel.

Section 225-2.2 Definitions.

(a) To the extent that they are not inconsistent with the specific definitions in Subdivision (b) of this Section, the general definitions of Part 200 and Part 201 of this Title apply.

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

(1) 'Automotive maintenance/service facility'. Any facility that performs automotive fluid changes, collects automotive fluids, or drains automotive fluids.

(2) 'Chemical waste'. Waste including but not limited to spent solvents, tars, paints, resins and wastes, and sludges from any process.

(3) 'Reprocessed oil'. Any oil from which physical and/or chemical contaminants have been removed such that the oil is suitable for productive use (including but not limited to reuse as a lubricant, or burned as a fuel).

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

(5) '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).

Section 225-2.3 Prohibitions.

No owner or operator of a facility may burn waste oil without a department issued permit or registration, pursuant to Part 201 of this Title, except as stated in subdivision 225-2.4(d) of this subpart. To be permitted to burn a waste oil, an owner or operator of a facility must meet the requirements of this Subpart.

Section 225-2.4 'Requirements for owners or operators of facilities proposing to burn waste oil'.

As part of an application for a permit or registration to burn waste oil, owners or operators of facilities must meet the following criteria.

(a) Submit an analysis of the waste oil proposed to be burned to the department, pursuant to Section 225-2.6 of this Subpart.

(b) A stationary combustion installation or process source that proposes to burn waste oil must have a minimum operating heat input of 10 million Btus per hour or greater.

(c) An incinerator that proposes to burn waste oil must have a minimum charging capacity that equals or exceeds 2,000 pounds per hour of refuse.

(d) An owner or operator of space heaters located in automotive maintenance/service facilities may burn waste oil and be excepted from the requirements of this section, where the following conditions are met:

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

(2) the waste oil is generated on site (this includes waste oils generated by do-it-yourself customers that the facility is required to accept) or at another facility owned and/or operated by the same person or group; and

(3) the waste oil meets the criteria in Section 225-2.5 Table 1 of this Subpart, except that lead may not exceed 25 parts per million (ppm) by weight (water free basis) of fuel.

Section 225-2.5 General waste oil limits.

Any waste oil that is proposed to be burned must meet the minimum limitations in Table 1 below:

Table 1
Constituent/Property Limit
Polychlorinated Biphenyls (PCB) < 2 ppm (1)
Total Halogens ≤ 1,000 ppm (1)
Sulfur 0.75% by weight (2)
Gross Heat Content ≥ 125,000 (Btu/gal)
Lead < 100 ppm (1)

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

(2) As per the requirements of subdivision 6 NYCRR 225-1.2(i) of this Title.

Section 225-2.6 Reports, sampling, and analysis of waste oil.

(a) The owner or operator of a facility permitted to burn waste oil shall:

(1) sample, analyze, and measure each load of waste oil received, or maintain copies of supplier provided analyses of each load of waste oil received; and

(2) maintain, for a minimum of five years, records of the total quantity of waste oil received and the names, addresses, and waste oil analysis from each waste oil supplier.

(b) Owners or operators required to maintain and retain records pursuant to this section must make such records available for inspection by the department during normal business hours. These records must be submitted upon request to the department.

(c) Sampling and analysis of waste oil samples must be carried out in accordance with methods acceptable to the department.

Section 225-2.7 Severability.

Each provision of this Subpart shall be deemed severable, and, in the event that any provision of this Subpart is held to be invalid, the remainder of this Subpart shall continue in full force and effect.


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