Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 99-610c

[29 Pa.B. 1975]

[Continued from previous Web Page]

§ 298.26.  Biennial report.

   (a)  By March 3 of each odd numbered year after ____ (Editors Note: The blank refers to the effective date of adoption of this proposal.) a waste oil generator subject to this subchapter shall file a report with the Department.

   (b)  The report, which shall be submitted on a form prepared by the Department, shall include the following:

   (1)  The waste oil generator's name, mailing address, county and telephone number.

   (2)  A generator identification number for the facility that generated the waste, which will be provided by the Department. If an EPA identification number has been assigned to the person or municipality, the EPA identification number shall be the generator number.

   (3)  The name and telephone number of a contact person who can answer questions about the report.

   (4)  A brief description of the nature of the business and up to four Standard Industrial Code (SIC) numbers which best reflect the principal products or services provided by the waste oil generator.

   (5)  The amount of waste oil generated in the previous year. The report shall also state the following:

   (i)  Whether and to what extent the waste oil was processed at the site of generation.

   (ii)  Whether and to what extent the waste oil was shipped offsite for processing/rerefining.

   (6)  A description of the waste oil generator's efforts to implement its source reduction strategy under § 298.25 (relating to source reduction strategy) and, to the extent the information is available for 3 years before _____ (Editors Note: The blank refers to the effective date of adoption of this proposal.), a description of changes in the weight or toxicity of waste oil achieved during the year compared to previous years.

   (7)  The name, location and identification number for each waste oil processing/rerefiner, or waste oil transporter, waste oil collection center or waste oil marketer that has been authorized to receive the generator's waste oil.

   (c)  The report shall be signed by a responsible official for the waste oil generator. If the waste oil generator is a corporation or partnership, the report shall be signed by an officer of the corporation or a partner in the partnership, whichever is applicable.

   (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 this chapter.

Subchapter D.  WASTE OIL COLLECTION CENTERS AND AGGREGATION POINTS

Sec.

298.30.Waste oil collection centers.
298.31.Waste oil aggregation points owned by the generator.

§ 298.30.  Waste oil collection centers.

   (a)  Applicability. This section applies to owners or operators of waste oil collection centers. A waste oil collection center is any site or facility that 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(a) (relating to offsite shipments). Waste oil collection centers may also accept waste oil and oil filters from household do-it-yourselfers.

   (b)  Permit by rule for waste oil collection centers. For the operation of a waste oil collection center to be deemed to have a permit by rule, the owner or operator of a waste oil collection center shall do the following:

   (1)  Be a state inspection facility, oil retailer, retail service station, a facility owned or operated by a municipality, municipal authority, or state agency, or a facility owned or operated by a nonprofit organization.

   (2)  Not blend oil for offsite reuse.

   (3)  Comply with the generator standards in Subchapter C.

   (4)  Maintain on the premises waste oil collection tanks that are properly sheltered and protected to prevent spillage, seepage or discharge of the waste oil into the water, land and air of this Commonwealth and of sufficient size to handle returns of waste oil.

   (5)  Have collection facilities for the safe and proper disposal of waste oil containers within a very close proximity to the collection tanks.

   (6)  Not accept water, antifreeze, other residual or hazardous wastes or other contaminants.

   (7)  Design, construct and operate the facility in a manner to ensure that any hazardous waste generated at the facility is not mixed with the waste oil being collected at the facility.

   (8)  Have a procedure for ensuring that if waste oil collected at the facility contains more than 1,000 parts per million total halogens it is due to the household do-it yourselfer waste oil collected by the facility.

§ 298.31.  Waste oil aggregation points owned by the generator.

   (a)  Applicability. This section applies to owners or operators of all waste oil aggregation points. A waste oil aggregation point is any site or facility that accepts, aggregates or stores waste oil collected only from other waste oil generation points 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 under § 298.24(b) (relating to offsite shipments). Waste oil aggregation points may also accept waste oil from household do-it-yourselfers.

   (b)  Permit by rule for waste oil aggregation points. The owner/operator of an aggregation point may operate the aggregation point under a permit by rule. The Department may require the owner/operator of an aggregation point operated under a permit by rule to apply for and obtain a permit 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. For the operation of a waste oil aggregation point to be authorized by a permit by rule, the owner/operator shall:

   (1)  Comply with the generator standards in Subchapter C (relating to waste oil generators).

   (2)  Maintain on the premises waste oil collection tanks that are properly sheltered and protected to prevent spillage, seepage or discharge of the waste oil into the water, land and air of this Commonwealth and of sufficient size to handle returns of waste oil.

   (3)  Have within a very close proximity to the collection tanks, collection facilities for the safe and proper disposal of waste oil containers.

   (4)  Not accept water, antifreeze, other residual or hazardous wastes or other contaminants.

Subchapter E.  WASTE OIL TRANSPORTER AND TRANSFER FACILITIES

Sec.

298.40.Applicability.
298.41.Restrictions on transporters who are not also processors or refiners.
298.42.Notification.
298.43.Waste oil transportation.
298.44.Rebuttable presumption for waste oil.
298.45.Waste oil storage at transfer facility.
298.46.Tracking.
298.47.Management of wastes.
298.48.Signs on vehicles.

§ 298.40.  Applicability.

   (a)  General. Except as provided in paragraphs (1)--(4), this subchapter applies to all waste oil transporters.

   (1)  This subchapter does not apply to onsite transportation.

   (2)  This subchapter does not apply to a generator who transports shipments of waste oil totaling 55 gallons or less from the generator to a waste oil collection center as specified in § 298.24(a) (relating to offsite shipments).

   (3)  This subchapter does not apply to a generator who transports shipments of waste oil totaling 55 gallons or less from the generator to a waste oil aggregation point owned or operated by the same generator as specified in § 298.24(b).

   (4)  This subchapter does not apply to transportation of waste oil from household do-it-yourselfers to a regulated waste oil generator, collection center, aggregation point, processor/rerefiner or burner subject to this chapter. Except as provided in paragraphs (1)--(3), this subchapter does apply to transportation of collected household do-it-yourselfer waste oil from regulated waste oil generators, collection centers, aggregation points or other facilities where household do-it-yourselfer waste oil is collected.

   (b)  Imports and exports. A transporter who imports waste oil into or exports waste oil out of this Commonwealth is subject to this subchapter from the time the waste oil enters until the time it exits this Commonwealth.

   (c)  Trucks used to transport hazardous waste. Unless trucks previously used to transport hazardous waste are emptied as described in § 261.7 (relating to empty containers) prior to transporting waste oil, the waste oil is considered to have been mixed with the hazardous waste and shall be managed as hazardous waste unless, under § 298.10(b)(2) (relating to applicability), the hazardous waste/waste oil mixture is determined not to exhibit the characteristic of ignitability.

   (d)  Other applicable provisions. A waste oil transporter who conducts the following activities is also subject to other applicable provisions of this chapter as indicated in paragraphs (1)--(5):

   (1)  A transporter who generates waste oil shall also comply with Subchapter C (relating to waste oil generators).

   (2)  A transporter who processes or rerefines waste oil, except as provided in § 298.41 (relating to restrictions on transporters who are not also processors or rerefiners), shall also comply with Subchapter F (relating to waste oil processors rerefiners).

   (3)  A transporter who burns off-specification waste oil for energy recovery shall also comply with Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy recovery).

   (4)  A transporter 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).

   (5)  A transporter shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste; and residual waste).

§ 298.41.  Restrictions on transporters who are not also processors or rerefiners.

   (a)  A waste oil transporter may, at a transfer facility authorized under § 298.45 (relating to waste oil storage at transfer facilities), consolidate or aggregate loads of waste oil for purposes of transportation. Except as provided in subsections (b) and (c), waste oil transporters may not process waste oil unless they also comply with the requirements for processors/rerefiners in Subchapter F (relating to waste oil processors/rerefiners).

   (b)  A transporter may conduct incidental waste oil processing operations that occur in the normal course of waste oil transportation--for example, settling and water separation that occurs in a transport vehicle or in a single consolidation tank--but that are not designed to produce (or make more amenable for production of) waste oil derived products unless they also comply with the processor/rerefiner requirements in Subchapter F.

   (c)  A transporter of waste oil that is removed from oil bearing electrical transformers and turbines and filtered at a transfer facility authorized under § 298.45 (relating to waste oil storage at transfer facilities) prior to being returned to its original use is not subject to the waste oil processor/rerefiner requirements in Subchapter F.

§ 298.42.  Notification.

   (a)  Identification numbers. A waste oil transporter shall have an identification number.

   (b)  Mechanics of notification. A waste oil transporter who has not received an identification number may obtain one by notifying the EPA Region III Administrator of its waste oil activity by submitting one of the following:

   (1)  A completed EPA form 8700-12. (To order information for EPA form 8700-12, call RCRA/Superfund hotline at (800) 424-9346 or (703) 920-9810.)

   (2)  A letter requesting an identification number. Call RCRA/Superfund hotline to determine where to send a letter requesting an identification number. The letter should include the following information:

   (i)  The transporter company name.

   (ii)  The owner of the transporter company.

   (iii)  The mailing address for the transporter.

   (iv)  The name and telephone number for the transporter point of contact.

   (v)  The type of transport activity--for example, transport only, transport and transfer facility, transfer facility only.

   (vi)  The location of all transfer facilities at which waste oil is stored.

   (vii)  The name and telephone number for a contact at each transfer facility.

§ 298.43.  Waste oil transportation.

   (a)  Deliveries. A waste oil transporter shall deliver all waste oil received to one of the following:

   (1)  Another waste oil transporter, if the transporter has obtained an identification number.

   (2)  An oil waste oil processing/rerefining facility who has obtained an identification number.

   (3)  An off-specification waste oil burner facility who has obtained an identification number.

   (4)  An on-specification waste oil burner facility.

   (b)  Department of Transportation requirements. A waste oil transporter shall comply with the applicable requirements under the United States Department of Transportation regulations in 49 CFR Parts 171--180. Persons transporting waste oil that meets the definition of a hazardous material in 49 CFR 171.8 (relating to definitions and abbreviations) shall comply with applicable regulations in 49 CFR Parts 171--180.

   (c)  Waste oil discharges.

   (1)  In the event of a discharge of waste oil during transportation, the transporter shall notify the appropriate Departmental office of emergency response and take appropriate immediate action to protect human health and the environment--for example, notify local authorities, dike the discharge area--and the like.

   (2)  If a discharge of waste oil occurs during transportation and the Department determines that immediate removal of the waste oil is necessary to protect human health or the environment, the Department may authorize the removal of the waste oil by transporters who do not have identification numbers.

   (3)  An air, rail, highway or water transporter who has discharged waste oil shall do the following:

   (i)  Give notice if required by 49 CFR 171.15 (relating to immediate notice of certain hazardous materials incidents) to the National Response Center (800) 424-8802 or (202) 426-2675).

   (ii)  Report in writing as required by 49 CFR 171.16 (relating to detailed hazardous materials incident reports) to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, D.C. 20590.

   (4)  A water transporter who has discharged waste oil shall give notice as required by 33 CFR 153.203 (relating to procedure for the notice of discharge).

   (5)  A transporter shall clean up any waste oil discharge that occurs during transportation or take action as required or approved by the Department so that the waste oil discharge no longer presents a hazard to human health or the environment.

§ 298.44.  Rebuttable presumption for waste oil.

   (a)  To ensure that waste oil is not a hazardous waste under the rebuttable presumption of § 298.10(b)(1)(ii) (relating to applicability), the waste oil transporter shall determine whether the total halogen content of waste oil being transported or stored at a transfer facility is above or below 1,000 parts per million.

   (b)  The transporter shall make this determination by:

   (1)  Testing the waste oil.

   (2)  Applying knowledge of the halogen content of the waste oil in light of the materials or processes used.

   (c)  If the waste oil contains greater than or equal to 1,000 parts per million total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Chapter 261, Subchapter D (relating to lists of hazardous waste). The owner or operator may rebut the presumption by demonstrating that the waste oil does not contain hazardous waste. For example, by using an analytical method from SW-846, current edition, 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(a)(6) (relating to exclusions) are excluded from regulation as a hazardous waste.

   (1)  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 any other manner, or disposed.

   (2)  The rebuttable presumption does not apply to waste oils contaminated with CFCs removed from refrigeration units if the CFCs are destined for reclamation. The rebuttable presumption does apply to waste oils contaminated with CFCs that have been mixed with waste oil from sources other than refrigeration units.

   (d)  Records of analyses conducted or information used to comply with subsections (a)--(c) shall be maintained by the transporter for at least 3 years.

§ 298.45.  Waste oil storage at transfer facility.

   (a)  Applicability. This section applies to a waste oil transfer facility. A waste oil transfer facility is a transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of waste oil are received or held during normal course of transportation.

   (b)  Permits.

   (1)  Except as provided for in paragraph (4), the owners/operators of a transfer facility shall obtain a permit issued under Chapter 287 (relating to residual waste management-general provisions).

   (2)  A general permit is only available for the following types of waste oil transfer facilities:

   (i)  The owner/operator of the waste oil transfer facility is responsible for transporting the waste oil from the generator to the transfer facility or the waste oil is from a household do-it-yourselfer waste oil generator.

   (ii)  The owner/operator of the waste oil transfer facility only:

   (A)  Consolidates/aggregates waste oil.

   (B)  Conducts incidental waste oil processing operations that occur in the normal course of waste oil transportation--for example, settling and water separation that occur in a transport vehicle or in a single consolidation tank.

   (3)  The owners/operators of a waste oil transfer facility operating under a general permit for activities other than those described in this subsection may continue to operate the facility under the general permit for the term of the permit. At the end of the permit term, this general permit is not renewable. The owner/operator of the transfer facility may only continue to operate the facility if the owner/operator has obtained an individual permit issued under Chapter 287.

   (4)  The owner/operator of a waste oil transfer facility is deemed to have a permit by rule if the following apply:

   (i)  The other requirements of this subchapter have been met.

   (ii)  The waste oil is stored at the facility for no more than 35 days.

   (iii)  None of the activities described in § 298.41 (b) or (c) (relating to restrictions on transporters who are not also processors or rerefiners) occur at the facility.

   (iv)  The waste oil collected at the transfer facility is destined for a waste oil transfer or waste oil processing/rerefining facility located in this Commonwealth which is permitted by the same person who owns/operates the waste oil transfer facility.

   (v)  The owner/operator's liability for cleanup and third party injury at the waste oil transfer facility is covered by the bond and insurance covering the receiving waste oil transfer or processing/rerefining facility.

   (vi)  The owner/operator has submitted to the Department the following information:

   (A)  The location of the waste oil transfer facility.

   (B)  A description of the facility.

   (C)  The identity of a contact person including telephone number.

   (D)  Data demonstrating that the waste oil transfer facility will not be located within a 100 year floodplain.

   (E)  Data demonstrating that the waste oil transfer facility will not be located within 300 feet of a wetland.

   (F)  Data demonstrating that the waste oil transfer facility will not be located within 300 feet of an occupied dwelling.

   (G)  Data demonstrating that the waste oil transfer facility will not be located within 100 feet of a perennial stream.

   (H)  Data demonstrating that the waste oil transfer facility will not be located within 50 feet of a property line.

   (5)  A copy of the protocol for satisfying the requirements of § 298.44 (relating to rebuttable presumption for waste oil) shall be maintained at the facility.

   (6)  The Department may require the owner/operator of a waste oil transfer facility operating under the permit by rule in paragraph (4) to apply for, and obtain, a permit in accordance with Chapter 287, or take other appropriate action. The Department may require a permit 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.

   (c)  Storage units. The owner or operator of a waste oil transfer facility 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).

   (d)  Condition of units. A containers or aboveground tank used to store waste oil at transfer 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.

   (e)  Secondary containment for containers. A container used to store waste oil at transfer facilities shall be equipped with a secondary containment system.

   (1)  The secondary containment system shall consist of one of the following:

   (i)  Dikes, berms or retaining walls and a floor. The floor shall cover the entire area within the dikes, berms or retaining walls.

   (ii)  An equivalent secondary containment system.

   (2)  The entire containment system, including walls and floors, shall be sufficiently impervious to the migration of waste oil to prevent any waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.

   (f)  Secondary containment for existing aboveground tanks. An existing aboveground tank used to store waste oil at transfer facilities shall be equipped with a secondary containment system.

   (1)  The secondary containment system shall consist of one of the following:

   (i)  Dikes, berms or retaining walls. The floor shall cover the entire area within the dike, berm or retaining wall.

   (ii)  An equivalent secondary containment system.

   (2)  The entire containment system, including walls and floors, shall be sufficiently impervious to the migration of waste oil to prevent any waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.

   (g)  Secondary containment for new aboveground tanks. A new aboveground tank used to store waste oil at transfer facilities shall be equipped with a secondary containment system.

   (1)  The secondary containment system shall consist of one of the following:

   (i)  Dikes, berms or retaining walls and a floor. The floor shall cover the entire area within the dike, berm or retaining wall.

   (ii)  An equivalent secondary containment system.

   (2)  The entire containment system, including walls and floors, shall be sufficiently impervious to the migration of waste oil to prevent any waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.

   (h)  Labels.

   (1)  A container or aboveground tank used to store waste oil at transfer facilities shall be labeled or marked clearly with the words ''waste oil.''

   (2)  Fill pipes used to transfer waste oil into underground storage tanks at transfer facilities must be labeled or marked clearly with the words ''waste oil.''

   (i)  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.), the owner/operator of a transfer facility 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)  If necessary, repair or replace any leaking waste oil storage containers or tanks prior to returning them to service.

   (c)  Additional requirements. In addition to the requirements of this subchapter, a waste oil transporter is subject to Chapter 264, Subchapters C and D (relating to preparedness and prevention; and preparedness, prevention and contingency plan (PPC) and emergency procedures). A waste oil transporter is 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.

§ 298.46.  Tracking.

   (a)  Acceptance. A waste oil transporter shall keep a record of each waste oil shipment accepted for transport. Records for each shipment shall include the following:

   (1)  The name and address of the generator, transporter or processor/rerefiner who provided the waste oil for transport.

   (2)  The identification number (if applicable) of the generator, transporter or processor/rerefiner who provided the waste oil for transport.

   (3)  The quantity of waste oil accepted.

   (4)  The date of acceptance.

   (5)  The signature of a representative of the generator, transporter or processor/rerefiner who provided the waste oil for transport, dated upon receipt of the waste oil.

   (b)  Deliveries. A waste oil transporter shall keep a record of each shipment of waste oil that is delivered to another waste oil transporter, or to a waste oil burner, processor/rerefiner or disposal facility. Records of each delivery shall include the following:

   (1)  The name and address of the receiving facility or transporter.

   (2)  The identification number of the receiving facility or transporter.

   (3)  The quantity of waste oil delivered.

   (4)  The date of delivery.

   (5)  The signature, dated upon receipt of the waste oil, of a representative of the receiving facility or transporter.

   (6)  An intermediate rail transporter is not required to sign the record of delivery.

   (c)  Exports of waste oil. Waste oil transporters must maintain the records described in subsection (b)(1)--(4) for each shipment of waste oil exported to a foreign country.

   (d)  Record retention. The records described in subsections (a)--(c) shall be maintained for at least 3 years.

§ 298.47.  Management of wastes.

   A transporter who generates wastes from the storage or transport of waste oil shall manage the wastes as specified in § 298.10(e) (relating to applicability).

§ 298.48.  Signs on vehicles.

   A vehicle that is ordinarily or primarily used for the transportation of waste oil shall bear a sign that meets the following:

   (1)  The sign shall include the name and business address of the waste oil transporter that owns the vehicle.

   (2)  The sign shall have lettering that is 6 inches in height. The required information shall be clearly visible and easily readable.

Subchapter F.  WASTE OIL PROCESSING/REFINING FACILITIES

Sec.

298.50.Applicability.
298.51.Notification.
298.52.General facility standards.
298.53.Rebuttable presumption for waste oil.
298.54.Waste oil management.
298.55.Analysis plan.
298.56.Tracking.
298.57.Operating record and reporting.
298.58.Offsite shipments of waste oil.
298.59.Management of waste.

§ 298.50.  Applicability.

   (a)  General. Except as provided in this subsection, this subchapter applies to owners and operators of waste oil processing/rerefining facilities. This subchapter does not apply to:

   (1)  A transporter that conducts incidental waste oil processing operations that occur during the normal course of transportation as provided in § 298.41 (relating to restrictions on transporters who are not also processors or rerefiners).

   (2)  A burner that conducts incidental waste oil processing operations that occur during the normal course of waste oil management prior to burning as provided in § 298.61(b) (relating to restrictions on burning).

   (b)  Other applicable provisions. A waste oil processor/rerefiner who conducts the following activities is also subject to other applicable provisions of this chapter as indicated in paragraphs (1)--(5).

   (1)  A processor/rerefiner who generates waste oil shall also comply with Subchapter C (relating to waste oil generators).

   (2)  A processors/rerefiner who transports waste oil shall also comply with Subchapter E (relating to waste oil transporter and transport facilities).

   (3)  Except as provided in subparagraphs (i) and (ii), a processor/rerefiner who burns off-specification waste oil for energy recovery shall also comply with Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy necessary). A processor/rerefiner burning waste oil for energy recovery under the following conditions is not subject to Subchapter G.

   (i)  The waste oil is burned in an onsite space heater that meets the requirements of § 298.23 (relating to onsite burning in space heaters).

   (ii)  The waste oil is burned for purposes of waste oil processing which is considered burning incidentally to waste oil processing.

   (4)  A processor/rerefiner 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).

   (5)  A processor/rerefiner shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste; and residual waste management).

   (c)  Permits.

   (1)  The owner/operator of a waste oil processing facility shall obtain a permit issued under Chapter 287 (relating to residual waste management).

   (2)  A general permit is only available for the following types of waste oil processing/rerefining facilities:

   (i)  A mobile waste oil processor/rerefiner that operates at the site of waste oil generation.

   (ii)  A waste oil processor/rerefiner that reclaims waste oil under toll arrangements as specified in § 298.24(c) (relating to offsite shipments).

   (3)  The owner/operator of a facility authorized by a general permit for waste oil processing/rerefining activities other than those identified in this subsection may continue to operate its facility under the general permit for the permit term. At the end of the permit term, this general permit is not renewable. The owner/operator of the waste oil processing/rerefining facility may only continue to operate the facility if the owner/operator has obtained an individual permit issued under Chapter 287.

§ 298.51.  Notification.

   (a)  Identification numbers. A waste oil processor or rerefiner who has not previously obtained an identification number shall comply with § 264.11(relating to identification numbers) and obtain an identification number.

   (b)  Mechanics of notification. A waste oil processor or rerefiner who has not received an identification number may obtain one by notifying the regional administrator of the waste oil activity by submitting one of the following:

   (1)  A completed EPA form 8700-12 (to obtain EPA form 8700-12, call RCRA/Superfund hotline at (800) 424-9346 or (703) 920-9810).

   (2)  A letter requesting an identification number. Call RCRA/Superfund hotline to determine where to send a letter requesting an identification number. The letter should include the following information:

   (i)  The processor or rerefiner company name.

   (ii)  The owner of the processor or rerefiner company.

   (iii)  The mailing address for the processor or rerefiner.

   (iv)  The name and telephone number for the processor or rerefiner point of contact.

   (v)  The type of waste oil activity--for example, process only, process and rerefine.

   (vi)  The location of the processor or rerefiner facility.

[Continued on next Web Page]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.