Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-010 - Used oil burned for energy recovery

Current through June 17, 2024
010.01 Applicability
010.01A The regulations of Section
010
of this Chapter apply to used oil that is burned
  for energy recovery in any boiler or industrial furnace that is not regulated
  under Chapters 21 or 22 except as provided by Sections
010.01C
and
010.01E
of this
  Chapter. Such used oil is termed "used oil fuel." Used oil fuel includes any
  fuel produced from used oil by processing, blending, or other
  treatment.
010.01B "Used oil" is
  defined in Chapter 1.
010.01C
  Except as provided by Section
010.01D
of this Chapter,
  used oil that is mixed with hazardous waste and burned for energy recovery is
  subject to regulation as hazardous waste fuel under Section
008
of this Chapter. Used oil containing more than
  1000 ppm of total halogens is presumed to be a hazardous waste because it has
  been mixed with halogenated hazardous waste listed in Chapter 3,
013
through
016
. Persons may
  rebut this presumption by demonstrating that the used oil does not contain
  hazardous waste (for example, by showing that the used oil does not contain
  significant concentrations of halogenated hazardous constituents listed in
  Appendix I).
010.01D Used oil
  burned for energy recovery is subject to regulation under Section
010
of this Chapter herein rather than as hazardous
  waste fuel under Section
008
of this Chapter if it is
  a hazardous waste solely because it:
010.01D1
  Exhibits a characteristic of hazardous waste identified in Chapter 3,
005
through
010
, provided
  that it is not mixed with a hazardous waste; or
010.01D2 Contains hazardous waste generated
  only by a person subject to the special requirements for conditionally exempt
  small quantity generators under Chapter 8.
010.01E Except as provided by Section
010.01C
of this Chapter, used oil burned for energy
  recovery, and any fuel produced from used oil by processing, blending, or other
  treatment, is subject to regulation under Section
010
of this Chapter, unless it is shown not to exceed any of the allowable levels
  of the constituents and properties in the specification shown in the following
  table. Used oil fuel that meets the specification is subject only to the
  analysis and recordkeeping requirements under Sections
010.04B1
and
010.04B6
. Used
  oil fuel that exceeds any specification level is termed "off-specification used
  oil fuel."
USED OIL EXCEEDING ANY SPECIFICATION LEVEL IS SUBJECT TO SECTION
010
OF THIS CHAPTER WHEN BURNED FOR ENERGY
	 RECOVERYa
Constituent/Property
Allowable Level
Arsenic .................
5 ppm maximum
Cadmium .................
2 ppm maximum
Chromium ................
10 ppm maximum
Lead ....................
100 ppm maximum
Flash Point .............
100° F minimum
Total Halogens .........
4,000 ppm maximumb
aThe specification does not apply to used
	 oil fuel mixed with a hazardous waste other than conditionally exempt small
	 quantity generator hazardous waste.
bUsed oil containing more than 1,000 ppm
	 total halogens is presumed to be a hazardous waste under the rebuttable
	 presumption provided under Section
010.01C
of this
	 Chapter. Such used oil is subject to Section
008
of
	 this Chapter rather than Section
010
of this Chapter,
	 when burned for energy recovery unless the presumption of mixing can be
	 successfully rebutted.