[29 Pa.B. 1975]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VII. HAZARDOUS WASTE MANAGEMENT
CHAPTER 261. CRITERIA, IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subchapter A. GENERAL § 261.3. Definition of hazardous waste.
* * * * * (h) Waste oil that is hazardous only because it exhibits any characteristic of hazardous waste under Subchapter C, which has not been mixed with a hazardous waste and which is destined to be recycled or reused in [some other manner than burning for energy recovery] a manner that does not constitute disposal is not subject to Chapters 260--266. This waste oil is regulated under residual waste regulations in Article IX (relating to residual water management), Chapter 298 (relating to management of waste oil). [Burning waste oil that exhibits any characteristic of hazardous waste is not subject to Chapters 260--265, unless otherwise specified in Chapter 266, Subchapters D and E.]
§ 261.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
* * * * * [(j) If a conditionally exempt small quantity generator's wastes are mixed with waste oil, the mixture is subject to Chapter 266, Subchapter E (relating to waste oil burned for energy recovery), if it is destined to be burned for energy recovery. A material produced from such a mixture by processing, blending or other treatment is also so regulated if it is destined to be burned for energy recovery.]
§ 261.6. Requirements for hazardous wastes that are recycled.
(a) General.
* * * * * (2) The following hazardous wastes are subject to Chapter 266 (relating to special standards for the management of certain hazardous waste activities).
* * * * * (iv) [Waste oil that exhibits one or more of the characteristics of hazardous waste and is burned for energy recovery in boilers and industrial furnaces that are not regulated under Chapter 264, Subchapter O or Chapter 265, Subchapter O.]
(v) * * *
* * * * *
CHAPTER 266. SPECIAL STANDARDS FOR THE MANAGEMENT OF CERTAIN HAZARDOUS WASTE ACTIVITIES (Editor's Note: As part of this proposal, the Board is proposing to delete the existing text of this Subchapter E, which appears in §§ 266.40--266.44, 25 Pa. Code pages 266-9--266-15, serial pages (230503)--(230509) in its entirety.)
Subchapter E. (Reserved)
§§ 266.40--266.44. (Reserved).
CHAPTER 287. RESIDUAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL § 287.1. Definitions.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Used oil recycling--Preparing used oil for reuse as a petroleum product or petroleum product substitute by refining, rerefining, reclaiming, reprocessing or other means, or preparing used oil in a manner that substitutes for a petroleum product made from new oil, if the preparation or use is operationally safe, environmentally sound and complies with laws and regulations.]
* * * * * § 287.2. Scope.
* * * * * (l) Waste oil that is being recycled shall be managed in accordance with Chapter 298 (relating to management of waste oil).
Subchapter B. DUTIES OF GENERATORS § 287.51. Scope.
* * * * * [(d) Generators and collectors of used oil who are also waste oil marketers are subject to § 266.43 (relating to standards applicable to marketers of waste oil burned for energy recovery).]
§ 287.102. Permit by rule.
* * * * * (d) [Transfer facilities that collect used oil. A State inspection facility, oil retailer, retail service station or a captive processing facility that collects used oil generated only by the operator of the facility and by the employes of the operator who change their used oil in their vehicles which accepts used oil for recycling shall be deemed to have a residual waste transfer facility permit-by-rule under this article if the following are met:
(1) The facility is operated for the transfer of used oil only, and does not blend used oil with waste oil that is not used oil for offsite reuse.
(2) The facility maintains on the premises used oil collection tanks that are properly sheltered and protected to prevent spillage, seepage or discharge of the used oil into the water, land and air of this Commonwealth and of sufficient size to handle returns of used oil.
(3) The facility shall maintain on the premises, within a very close proximity to the collection tanks, collection facilities for the safe and proper disposal of used oil containers.
(4) A person may not deposit, dispose of or cause to be deposited or disposed of, used oil into sewers, drainage systems, surface waters or groundwaters, watercourse or marine waters in the Commonwealth, or on to public or private land within this Commonwealth.
(5) A person may not discharge water, antifreeze, other residual waste or other contaminants into a used oil collection tank or used oil storage facility.
(6) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.]
[(e)] (d) * * *
* * * * * [(f)] (e) * * *
(g) [Waste oil energy recovery. A facility that burns waste oil for energy recovery shall be deemed to have a residual waste processing permit if, in addition to subsection (a), the following conditions are met:
(1) The facility does not burn, or otherwise process, waste that is hazardous waste under Chapter 261 (relating to criteria, identification and listing of hazardous waste).
(2) The waste oil is burned in an enclosed device using controlled flame combustion and is directed through a flue as defined in § 121.1.
(3) The waste oil has more than 8,0000 BTUs per pound.
(4) The combustion unit recovers, exports and delivers for use at least 50% of the energy contained in the waste oil.
(5) The amount of energy recovered, exported and delivered by the process exceeds the amount of energy expended in the combustion of the waste oil.
(6) The facility has been issued a permit by the Department under the Air Pollution Control Act, if a permit is required by the act.
(7) The operator performs the analyses required by §§ 287.131--287.134 and maintains these analyses at the facility. These analyses are required to be submitted to the Department upon written request.
(h)] (f) * * *
* * * * * [(i)] (g) * * *
[(j)] (h) * * *
ARTICLE IX. RESIDUAL WASTE MANAGEMENT
CHAPTER 298. MANAGEMENT OF WASTE OIL Subch.
A. GENERAL B. APPLICABILITY C. WASTE OIL GENERATORS D. WASTE OIL COLLECTION CENTERS AND AGGREGATION POINTS E. TRANSPORTER AND TRANSFER FACILITIES F. WASTE OIL PROCESSING/REFINING FACILITIES G. WASTE OIL BURNERS WHO BURN OFF-SPECIFICATION WASTE OIL FOR ENERGY RECOVERY H. WASTE OIL FUEL MARKETERS
Subchapter A. GENERAL Sec.
298.1 Definitions. § 298.1. Definitions.
Terms defined in §§ 245.1 and 260.2 (relating to definitions) have the same meanings when used in this chapter. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Aboveground tank--A tank used to store or process waste oil that is not an underground storage tank as defined in § 245.1.
Container--A portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
Existing tank--A tank that is used for the storage or processing of waste oil and that is in operation, or for which installation has commenced on or prior to ____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) Installation will be considered to have commenced if the owner or operator has obtained all Pennsylvania and local approvals or permits necessary to begin installation of the tank and if one of the following applies:
(i) A continuous onsite installation program has begun.
(ii) The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for installation of the tank to be completed within a reasonable time.
Household ''do-it-yourselfer'' waste oil--Oil that is derived from households, such as waste oil generated by individuals who generate waste oil through the maintenance of their personal vehicles.
Household ''do-it-yourselfer'' waste oil generator--An individual who generates household ''do-it-yourselfer'' waste oil.
New tank--A tank that will be used to store or process waste oil and for which installation has commenced after ____ . (Editor's Note: The blank refers to the effective date of adoption of this proposal.)
Petroleum refining facility--An establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes--for example, facilities classified as SIC 2911.
Rerefining distillation bottoms--The heavy fraction produced by vacuum distillation of filtered and dehydrated waste oil. The composition of still bottoms varies with column operation and feedstock.
Tank--A stationary device, designed to contain an accumulation of waste oil which is constructed primarily of nonearthen or nonwooden materials--for example, concrete, steel, plastic--which provides structural support.
Waste oil--One of the following:
(i) Oil refined from crude oil or synthetically produced, used and, as a result of the use, contaminated by physical or chemical impurities.
(ii) A liquid, petroleum-based or synthetic oil, refined from petroleum stocks or synthetically produced which is used in an internal combustion engine as an engine lubricant, or as a product used for lubricating motor vehicle transmissions, gears or axles which, through storage or handling, has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
Waste oil aggregation point--A site or facility that accepts, aggregates or stores waste oil collected only from other waste oil generation sites owned or operated by the owner or operator of the aggregation point, from which waste oil is transported to the aggregation point in shipments of no more than 55 gallons. Waste oil aggregation points may also accept waste oil from household do-it-yourselfers.
Waste oil burner--A facility where waste oil not meeting the specification requirements in § 298.11 (relating to waste oil specifications) is burned for energy recovery in devices identified in § 298.61(a) (relating to restrictions on burning).
Waste oil collection center--A site or facility that is registered, licensed, permitted and accepts, aggregates and stores waste oil collected from waste oil generators regulated under Subchapter C (relating to waste oil generators) who bring waste oil to the collection center in shipments of no more than 55 gallons under § 298.24 (relating to offsite shipments). Waste oil collection centers may also accept waste oil from household do-it-yourselfers.
Waste oil fuel marketer--A person who conducts one of the following activities:
(i) Directs a shipment of off-specification waste oil from the person's facility to a waste oil burner.
(ii) First claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11.
Waste oil generator--A person, by site, whose act or process produces waste oil or whose act first causes waste oil to become subject to this chapter.
Waste oil processing--Chemical or physical operations designed to produce from waste oil, or to make waste oil more amenable for production of, fuel oils, lubricants or other waste oil-derived products. Waste oil processing includes: blending waste oil with virgin petroleum products, blending waste oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and rerefining.
Waste oil processor/rerefiner--A facility that processes waste oil.
Waste oil transfer facility--A transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of waste oil are received or held, or both, during the normal course of transportation.
Waste oil transporter--A person who transports waste oil, a person who collects waste oil from more than one generator and transports the collected oil and owners and operators of waste oil transfer facilities. Waste oil transporters may consolidate or aggregate loads of waste oil for purposes of transportation but, with the following exception, may not process waste oil. Transporters may conduct incidental waste oil processing operations that occur in the normal course of waste oil transportation--for example, settling and water separation--but that are not designed to produce (or make more amenable for production of) waste oil derived products or waste oil fuel.
Subchapter B. APPLICABILITY Sec.
298.10. Applicability. 298.11. Waste oil specifications. 298.12. Prohibitions. § 298.10. Applicability.
(a) Waste oil. It is presumed that waste oil is to be recycled unless a waste oil handler disposes of waste oil, or sends waste oil for disposal. Except as provided in § 298.11 (relating to waste oil specifications), this chapter applies to waste oil and to materials identified in this section as being subject to regulation as waste oil whether or not the waste oil or material exhibits any characteristics of hazardous waste identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste).
(b) Mixtures of waste oil and hazardous waste.
(1) Listed hazardous waste.
(i) Mixtures of waste oil. Mixtures of waste oil and hazardous waste that are listed in Chapter 261 Subchapter D (relating to lists of hazardous waste) are subject to regulation as hazardous waste under Chapters 260--266 and Chapter 270 rather than as waste oil under this chapter.
(ii) Rebuttable presumption for waste oil. Waste oil containing more than 1,000 parts per million total halogens is presumed to be a hazardous waste. A person may rebut this presumption by demonstrating that the waste oil does not contain hazardous waste. For example, a person may use an analytical method from the current edition of SW-846 to show that the waste oil does not contain significant concentrations of halogenated hazardous constituents identified in § 261.34(e) (relating to appendices). EPA publication SW-846, current edition, is available from the Government Printing Office, Superintendent of Documents, Post Office Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 512-1800 (Document number 955-001-00000-1). Another way of rebutting this presumption is to demonstrate that the halogenated constituents are from wastes generated by households and, therefore, under § 261.4(6)(a) (relating to exclusions) are excluded from regulation as hazardous waste.
(A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 298.24(c) (relating to offsite shipments), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if the oils/fluids are recycled in another manner or disposed.
(B) The rebuttable presumption does not apply to waste oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption applies to waste oils contaminated with CFCs that have been mixed with waste oil from sources other than refrigeration units.
(2) Characteristic hazardous waste. A mixture of waste oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in Chapter 261, Subchapter C and mixtures of waste oil and hazardous waste that is listed in Chapter 261, Subchapter D (relating to lists of hazardous wastes) solely because it exhibits one or more of the characteristics of hazardous waste identified in Chapter 261, Subchapter C are subject to:
(i) Regulation as hazardous waste under Chapters 260--270, rather than as waste oil under this chapter, except as provided in subparagraph (ii).
(ii) Regulation as waste oil under this chapter if the mixture is of waste oil and a waste which is hazardous solely because it exhibits the characteristic of ignitability--for example, ignitable-only mineral spirits--if the resultant mixture does not exhibit the characteristic of ignitability under § 261.21 (relating to characteristic of ignitability). The hazardous waste, as well as the mixing of waste oil with a waste that is hazardous solely because it exhibits the characteristic of ignitability, shall be managed in accordance with Chapters 260--270.
(c) Materials containing or otherwise contaminated with waste oil.
(1) Except as provided in paragraph (2), materials containing or otherwise contaminated with waste oil from which the waste oil has been properly drained or removed to the extent possible so that no visible signs of free-flowing oil remain in or on the material:
(i) Are not waste oil and thus not subject to this chapter.
(ii) Are subject to regulation under Article VI, VII or this article (relating to hazardous waste; and municipal waste).
(2) Materials containing or otherwise contaminated with waste oil that are burned for energy recovery are subject to regulation as waste oil under this chapter.
(3) Waste oil drained or removed from materials containing or otherwise contaminated with waste oil is subject to regulation as waste oil under this chapter.
(4) Except as provided in paragraph (2) and subsection (f), wastewater contaminated with waste oil is managed under this chapter if it is demonstrated that one of the following applies:
(i) At least 1% of the wastewater is waste oil.
(ii) The wastewater contains marketable quantities of waste oil.
(d) Mixtures of waste oil with products.
(1) Except as provided in paragraph (2), mixtures of waste oil and fuels or other fuel products are subject to regulation as waste oil under this chapter.
(2) A mixture of waste oil and diesel fuel mixed onsite by the generator of the waste oil for use in the generator's own vehicles is not subject to this chapter once the waste oil and diesel fuel have been mixed. Prior to mixing, the waste oil is subject to Subchapter C.
(e) Materials derived from waste oil.
(1) A material reclaimed from waste oil that is used beneficially and is not burned for energy recovery or used in a manner constituting disposal--for example, rerefined lubricants--is not a waste subject to this title. The determination that a material derived from waste oil is not a waste shall be made as a special condition to the permit for the waste oil processing/rerefining that results in the derived material.
(2) A material produced from waste oil that is burned for energy recovery--for example, waste oil fuels--is subject to regulation as waste oil under this chapter.
(3) Except as provided in paragraph (4), a material derived from waste oil that is disposed or used in a manner constituting disposal is:
(i) Not waste oil and thus is not subject to this chapter.
(ii) A waste subject to regulation under Article VII or this article.
(4) Waste oil rerefining distillation bottoms that are used by the rerefiner as feedstock to manufacture asphalt products are not subject to this chapter.
(f) Wastewater. Wastewater, the discharge of which is subject to regulation under either section 307(b) or section 402 or of the Clean Water Act (33 U.S.C.A. §§ 1317(b) and 1342) (including wastewaters at facilities which have eliminated the discharge of wastewater), contaminated with de minimis quantities of waste oil are not subject to this chapter. For purposes of this subsection ''de minimis'' quantities of waste oils are defined as small spills, leaks or drippings from pumps, machinery, pipes and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception does not apply if the waste oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills or other releases, or to waste oil recovered from wastewaters.
(g) Waste oil introduced into crude oil pipelines or a petroleum refining facility.
(1) Waste oil mixed with crude oil or natural gas liquids--for example, in a production separator or crude oil stock tank--for insertion into a crude oil pipeline is exempt from this chapter. Waste oil is subject to this chapter prior to the mixing of waste oil with crude oil or natural gas liquids.
(2) A mixture of waste oil and crude oil or natural gas liquids containing less than 1% waste oil that is being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at a point prior to crude distillation or catalytic cracking is exempt under this chapter.
(3) Waste oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from this chapter if the waste oil constitutes less than 1% of the crude oil feed to a petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining facility process, the waste oil is subject to this chapter.
(4) Except as provided in paragraph (5), waste oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from this chapter only if the waste oil meets the specification of § 298.11 (relating to waste oil specifications). Prior to insertion into the petroleum refining facility process, the waste oil is subject to this chapter.
(5) Waste oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from this chapter. This exemption does not extend to waste oil which is intentionally introduced into a hydrocarbon recovery system--for example, by pouring collected waste oil into the waste water treatment system.
(6) Tank bottoms from stock tanks containing exempt mixtures of waste oil and crude oil or natural gas liquids are exempt from this chapter.
(h) Waste oil on vessels. Waste oil produced on vessels from normal shipboard operations is not subject to this chapter until it is transported ashore.
(i) Waste oil containing PCBs. In addition to the requirements of this chapter, a marketer and burner of waste oil who markets waste oil containing a quantifiable level of PCBs is subject to 40 CFR 761.20(e) (relating to prohibitions and exceptions).
§ 298.11. Waste oil specifications.
(a) Waste oil, and any fuel produced from waste oil by waste oil processing, blending or other treatment, to be burned for energy recovery either under this chapter or as specification fuel oil shall have at least 8,000 Btus per pound.
(b) Waste oil burned for energy recovery and fuel produced from waste oil by waste oil processing, blending or other treatment is subject to this chapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in Table 1. Once waste oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with §§ 298.72--298.74 (relating to on specification waste oil fuel; notification; and tracking), the waste oil is no longer subject to this chapter. This waste oil is also known as on-specification fuel oil.
Table 1--Waste Oil Not Exceeding Any Specification Level Is Not Subject To This Chapter When Burned For Energy Recovery. 1
Constituent/Property Allowable Levels Arsenic 5 ppm maximum Cadmium 2 ppm maximum Chromium 10 ppm maximum Lead 100 ppm maximum Flash point 100° F minimum Total halogens 1,000 ppm maximum 1 The specifications does not apply to mixtures of waste oil and hazardous waste that continue to be regulated as hazardous waste (see § 298.10(b)).
§ 298.12. Prohibitions.
(a) Surface impoundment prohibition. Waste oil may not be managed in surface impoundments or waste piles unless the units are subject to Chapter 264 or 265 (relating to new and existing hazardous waste management facilities applying for a permit; and interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities).
(b) Use as a dust suppressant. The use of waste oil as a dust suppressant is prohibited.
(c) Burning in particular units. Off-specification waste oil fuel may be burned for energy recovery in only the following devices:
(1) An industrial furnace identified in § 260.2 (relating to definitions).
(2) A boiler, as defined in § 260.2, that is identified as one of the following:
(i) An industrial boiler located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.
(ii) A utility boiler used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.
(iii) A waste oil-fired space heaters if the burner meets the provisions of § 298.23 (relating to onsite burning in space heaters).
(3) A hazardous waste incinerators subject to Chapter 264 Subchapter O (relating to incinerators or Chapter 265.
Subchapter C. WASTE OIL GENERATORS Sec.
298.20. Applicability. 298.21. Hazardous waste mixing. 298.22. Waste oil storage. 298.23. Onsite burning in space heaters. 298.24. Offsite shipments. 298.25. Source reduction strategy. 298.26. Biennial report. § 298.20. Applicability.
(a) General. Except as provided in paragraphs (1)--(4), this subchapter applies to a waste oil generator. A waste oil generator is a person, by site, whose act or process produces waste oil or whose act first causes waste oil to become subject to regulation.
(1) Household ''do-it-yourselfer'' waste oil generators. A household ''do-it yourselfer'' waste oil generator is not subject to this chapter.
(2) Vessels. A vessel at sea or at port is not subject to this subchapter. For purposes of this subchapter, waste oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the person removing or accepting waste oil from the vessel are cogenerators of the waste oil and are both responsible for managing the waste in compliance with this subchapter once the waste oil is transported ashore. The cogenerators may decide among them which party will fulfill the requirements of this subchapter.
(3) Diesel fuel. A mixture of waste oil and diesel fuel mixed by the generator of the waste oil for use in the generator's own vehicles is not subject to this chapter once the waste oil and diesel fuel have been mixed. Prior to mixing, the waste oil fuel is subject to this subchapter.
(4) Farmers. A farmer who generates an average of 25 gallons per month or less of waste oil from vehicles or machinery used on the farm in a calendar year is not subject to this chapter.
(b) Other applicable provisions. A waste oil generator who conducts the following activities is subject to the requirements of other applicable provisions of this chapter as indicated in paragraphs (1)--(8):
(1) A waste oil generator who transports waste oil, except under the self-transport provisions of § 298.24 (a) and (b) (relating to offsite shipments), shall also comply with Subchapter E (relating to standards for waste oil transporter and transfer facilities).
(2) Except as provided in paragraphs (3) and (4), a waste oil generator who processes or rerefines waste oil shall also comply with Subchapter F (relating to standards for waste oil processors/rerefiners).
(3) A waste oil generator who performs the following activities is deemed to have a solid waste management permit by rule for the processing of waste oil provided that the waste oil is generated onsite and is not being sent offsite to a burner of on-specification or off-specification waste oil fuel. The Department may require a generator, who is conducting one of the activities in subparagraphs (i)--(iv) under a permit by rule, to apply for, and obtain, a permit in accordance with Chapter 287 (relating to residual waste management--general provisions), or take other appropriate action, when the generator is not in compliance with the requirements for the permit by rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(i) Filtering, cleaning or otherwise reconditioning waste oil before it is reused by the generator. The generator shall also meet the following requirements:
(A) Remaining waste is managed under the act and this article.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(ii) Separating waste oil from wastewater generated onsite to make the wastewater acceptable for discharge. For this activity to be authorized by a permit by rule, the generator shall also meet the following requirements:
(A) The facility shall be a captive facility and the only waste oil treated is generated onsite or on an interconnected adjacent site which was previously part of an integrated facility.
(B) The facility has an NPDES permit, if required, and complies with the conditions of that permit.
(C) The facility meets the requirements of §§ 264.11, 264.14, 264.15, 264.73, 264.75, 264.77 and the applicable provisions in Chapter 264, Subchapters C and D (relating to preparedness and prevention; and preparedness, prevention and contingency (PPC) plan and emergency procedures) as well as Chapter 265, Subchapter Q (relating to chemical, physical and biological treatment).
(iii) Draining or otherwise removing waste oil from materials containing or otherwise contaminated with waste oil to remove excessive oil to the extent possible under § 298.10(c) (relating to applicability). For this activity to be authorized by a permit by rule, the generator shall also meet the following requirements:
(A) Waste remaining from the filter process is managed under the act and this article.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(iv) Filtering, separating or otherwise reconditioning waste oil before burning it in a space heater under § 298.23 (relating to onsite burning in space heaters). For this activity to be authorized by a permit by rule, the generator shall also meet the following requirements:
(A) Waste remaining from the filter process is managed under the act and this article.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(4) A waste oil generator is not a processor when it is using oil mist collectors to remove small droplets of waste oil from in-plant air to make plant air suitable for continued recirculation. For this exemption to be applicable, the waste oil so generated is not being sent offsite to a burner of on- or off-specification waste oil fuel.
(5) A waste oil generator who burns off-specification waste oil for energy recovery, except under the onsite space heater provisions of § 298.23, shall also comply with Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy recovery).
(6) A waste oil generator who directs shipments of off-specification waste oil from its facility to a waste oil burner, or first claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11 (relating to waste oil specifications) shall also comply with Subchapter H (relating to waste oil fuel).
(7) A waste oil generator shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste; and residual waste).
(c) Recordkeeping. The generator is required to maintain, for 5 years, the following:
(1) The type of oil used.
(2) A description of the process that generates the waste oil.
(3) A record of the tests used to determine if the waste oil contains more than 1,000 parts per million total halogens.
(4) A record of the information used to rebut the presumption in § 298.10(b)(1)(ii) (relating to applicability) if the waste oil contains more than 1,000 parts per million total halogens.
(5) The type and quantity of any hazardous waste that is hazardous solely due to the characteristic of ignitability which, under § 298.10(b)(2)(ii) has been mixed with waste oil.
§ 298.21. Hazardous waste mixing.
(a) A mixture of waste oil and hazardous waste shall be managed in accordance with § 298.10(b) (relating to applicability).
(b) The rebuttable presumption for waste oil of § 298.10(b)(1)(ii) applies to waste oil managed by generators. Under the rebuttable presumption for waste oil of § 298.10(b)(1)(ii), waste oil containing greater than 1,000 parts per million total halogens is presumed to be a hazardous waste and shall be managed as hazardous waste and not as waste oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils/fluids and certain waste oils removed from refrigeration units, as provided for in § 298.10(b)(1)(ii)(A) and (B).
§ 298.22. Waste oil storage.
(a) Storage units. A waste oil generator may not store waste oil in units other than tanks, containers or units subject to regulation under Chapter 264 or 265 (relating to new and existing hazardous waste management facilities applying for a permit; and interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities).
(b) Condition of units. A container or aboveground tank used to store waste oil at generator facilities shall meet the following requirements:
(1) Be in good condition. For example, containers and aboveground tanks may not exhibit severe rusting, apparent structural defects or deterioration.
(2) Not leak.
(c) Labels. An aboveground storage unit and pipes shall be labeled as follows:
(1) A container or aboveground tank used to store waste oil at generator facilities shall be labeled or marked clearly with the words ''waste oil.''
(2) A fill pipe used to transfer waste oil into underground storage tanks at generator facilities shall be labeled or marked clearly with the words ''waste oil.''
(d) Response to releases. Upon detection of a release of waste oil to the environment not subject to Chapter 245, Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) which has occurred after _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) a generator shall perform the following cleanup steps:
(1) Stop the release.
(2) Contain the released waste oil.
(3) Clean up and manage properly the released waste oil and other materials.
(4) Repair or replace any leaking waste oil storage containers or tanks prior to returning them to service, if necessary.
(e) In addition, a waste oil generator is subject to applicable spill prevention, control and countermeasures of Chapter 265, Subchapters C and D (relating to preparedness and prevention; and preparedness, prevention and contingency (PPC) plan and emergency procedures). Waste oil generators are also subject to the underground storage tank standards in Chapter 245 (relating to administration of the storage tank and spill prevention program) for waste oil stored in underground tanks whether or not the waste oil exhibits any characteristics of hazardous waste.
§ 298.23. Onsite burning in space heaters.
A generator is deemed to have a solid waste management permit by rule to burn waste oil in waste oil-fired space heaters if the following apply:
(1) The heater burns only waste oil that the owner or operator generates or waste oil received from household do-it-yourselfer waste oil generators.
(2) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour.
(3) The combustion gases from the heater are vented to the ambient air.
§ 298.24. Offsite shipments.
Except as provided in paragraphs (1)--(3), a generator shall ensure that waste oil is transported only by transporters who have obtained identification numbers. The generator shall provide the transporter with a certification that, except as provided for in § 298.10(b)(2)(ii) (relating to applicability), its waste oil has not been mixed with a hazardous waste.
(1) Self-transportation of small amounts to approved collection centers. Generators may transport, without an identification number, waste oil that is generated at the generator's site and waste oil collected from household do-it-yourselfers to a waste oil collection center if the following apply:
(i) The generator transports the waste oil in a vehicle owned by the generator or owned by an employe of the generator.
(ii) The generator transports no more than 55 gallons of waste oil at any time.
(iii) The generator transports the waste oil to a waste oil collection center that is one of the following:
(A) Operated in accordance with the requirements of Subchapter D (relating to standards for waste oil collection centers and aggregation points) if the facility is located within this Commonwealth.
(B) Registered, licensed, permitted or recognized by a state/county/municipal government to manage waste oil if the facility is located outside this Commonwealth.
(iv) The generator shall provide the waste oil collection center with a certification that except as provided for in § 298.10(b)(2)(ii), the generator has not mixed its waste oil with hazardous waste.
(2) Self-transportation of small amounts to aggregation points owned by the generator. A generator may transport, without an identification number, waste oil that is generated at the generator's site to an aggregation point if the following apply:
(i) The generator transports the waste oil in a vehicle owned by the generator or owned by an employe of the generator.
(ii) The generator transports no more than 55 gallons of waste oil at any time.
(iii) The generator transports the waste oil to an aggregation point that is owned or operated, or both, by the same generator.
(3) Tolling arrangements. A waste oil generator may arrange for waste oil to be transported by a transporter without an identification number if the waste oil is reclaimed under a contractual agreement under which reclaimed oil is returned by the waste oil processor/rerefiner to the generator for use as a lubricant, cutting oil or coolant. The contract, known as a tolling arrangement, shall indicate the following:
(i) The type of waste oil and the frequency of shipments.
(ii) The vehicle used to transport the waste oil to the waste oil processing/rerefining facility and to deliver recycled waste oil back to the generator is owned and operated by the waste oil processor/rerefiner.
(iii) Reclaimed oil will be returned to the generator.
§ 298.25. Source reduction strategy.
(a) A waste oil generator subject to this subchapter shall prepare a source reduction strategy in accordance with this section. The strategy shall be signed by the waste oil generator, shall be maintained on the premises where the waste oil is generated, shall be available on the premises for inspection by any representative of the Department and shall be submitted to the Department upon request. The strategy may designate certain production processes as confidential and this confidential information may not be made public without the expressed written consent of the generator. Unauthorized disclosure is subject to appropriate penalties as provided by law.
(b) The strategy shall include:
(1) A description of the source reduction activities conducted by the generator in the 3 years prior to the date that the strategy is required to be prepared. The description shall quantify reductions in the weight or toxicity of the waste oil generated on the premises.
(2) A statement of whether the generator has established a source reduction program.
(3) If a generator has established a source reduction program as described in paragraph (2), the strategy shall:
(i) Identify the methods and procedures that the waste oil generator will implement to achieve a reduction in the weight or toxicity of waste oil generated on the premises.
(ii) Quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure.
(iii) Specify when each method or procedure will be implemented.
(4) If the waste oil generator has not established a source reduction program as described in paragraph (2), the strategy shall include the following:
(i) A waste oil stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when one or more of the following occur:
(1) There is a significant change in the waste oil generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes in writing a different period for the waste oil generator.
(d) This section does not apply to waste oil generators who generate:
(1) Oil that has been used in an internal combustion engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
(2) Annually no more than 12,000 kilograms of residual waste and waste oil subject to this chapter.
(e) A waste oil generator may reference existing documents it has prepared to meet other waste minimization requirements to comply with this section, including those proposed to comply with 40 CFR 261.41(a)(5)--(7) (relating to biennial report).
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