[29 Pa.B. 1975]
[Continued from previous Web Page] Subchapter E. Standards for waste oil transporters and transport facilities
This subchapter contains the standards applicable to transporters of waste oil and waste oil transport facilities.
§ 298.40. Applicability
Except as provided in this section, this subchapter applies to persons who transport waste oil and owners/operators of waste oil transfer facilities. This subchapter does not apply to onsite transportation of waste oil, transportation of waste oil by the generator in accordance with § 298.24(a) or (b) or the transportation of waste oil from do-it-yourselfers to an entity regulated under this chapter. Transporters who import waste oil into or export waste oil out of this Commonwealth are subject to this subchapter while the waste oil is within this Commonwealth. Waste oil transported in trucks used to transport hazardous waste are considered to be mixed with hazardous waste unless the truck has been emptied in accordance with § 261.7 (relating to empty containers). However, the load can continue to be managed as waste oil if the truck carried hazardous waste that was hazardous solely due to the characteristic of ignitability and the waste oil load does not exhibit that characteristic. Except as provided in this subchapter, transporters which generate waste oil, process/rerefine waste oil, burn waste oil for energy recovery, market waste oil or first determine that waste oil is on-specification, are subject to other applicable subchapters. Finally, transporters shall dispose of hazardous waste in accordance with either the applicable provisions of the hazardous or residual waste regulations.
§ 298.41. Restrictions on transporters who are not also waste oil processors/rerefiners
Waste oil transporters can consolidate or aggregate waste oil at a waste oil transfer facility. Except as provided in this section, transporters cannot engage in any waste oil processing/rerefining activity unless they comply with Subchapter F (relating to standards for waste oil processors/rerefiners). The processing of waste oil which is incidental to and in the normal course of transportation can be conducted at a waste oil transfer facility if the activity is not designed to make a waste oil derived product. A good example of this type of activity is the settling and separation of oil from water that occurs in a transport vehicle or a single consolidation tank. Waste oil can be removed from transformers and turbines and filtered at a waste oil transfer facility if the waste oil is returned to be used in other turbines or transformers.
The only difference between this section and the EPA used oil regulations is the requirement that the activities occur at a regulated waste oil transfer facility. The activities authorized by this section, for example removing waste oil from a transformer and filtering it, pose a risk to the environment and the public from spillage or leakage of waste oil. Limiting these activities to waste oil transfer facilities, with their waste oil containment systems, is the most reasonable method of limiting this risk and allowing the activity to occur.
§ 298.42. Notification
If the waste oil transporter does not already have an EPA identification number, it shall obtain one. The EPA transporter identification numbers can be obtained by submitting to the EPA either a completed EPA form 8700-12 or a letter. Letters must identify the transporter company and its owner, a contact person, whether the company is engaged in transportation of waste oil or the operation of a transfer facility, or both, the location of all transfer facilities storing waste oil and a contact person at each transfer facility.
§ 298.43. Deliveries
The waste oil must be delivered to another waste oil transporter, a waste oil processor/rerefiner, or a person who burns waste oil for energy recovery. Except for burners of on-specification waste oil, all other entities receiving the waste oil shall have an EPA identification number. The transporter shall comply with the applicable United States Department of Transportation (U.S. DOT) regulations in 29 CFR Parts 171-180.
If during transportation there is a discharge of waste oil, the transporter shall immediately notify the appropriate Departmental emergency response office and take all necessary steps to protect human health and the environment. The Department can authorize transporters who do not have EPA identification numbers to immediately remove the waste oil to protect human health or the environment. The transporter is responsible for cleaning up or abating the effects of the discharge. Finally, the transporter is also subject to the discharge notification requirements established by the U.S. DOT and 33 CFR 153.203, if the discharge is from a water transporter.
§ 298.44. Rebuttable presumption for waste oil
To ensure that waste oil being transported or stored has not been improperly mixed with hazardous waste, the transporter shall determine if the waste oil being transported or stored at its transfer facility contains more than 1,000 ppm total halogens. This determination can be made by either testing the waste oil or relying on knowledge as to how the waste oil was generated. A record of all analysis and information used to comply with this section shall be maintained for at least 3 years.
If the waste oil contains more than 1,000 ppm total halogens, it is presumed that the waste oil has been improperly mixed with a hazardous waste and shall be managed as such. This presumption does not apply to certain metalworking oils/fluids and certain waste oils removed from refrigeration units. A showing that the waste oil was not mixed with a hazardous waste will rebut this presumption.
§ 298.45. Waste oil storage at transfer facilities
This section applies to waste oil transfer facilities. In addition to the requirements of this section, transporters shall have a prevention, preparedness and contingency plan as well as a spill prevention plan, as provided for in Chapter 264. Also, all underground waste oil storage tanks at the facility shall comply with the Department's storage tank regulations in Chapter 245 (relating to administration of storage tank and spill prevention program).
Permits
Except for satellite waste oil transfer facilities, the proposed waste oil amendments retain the existing requirement that a waste oil transfer facility shall be authorized by either an individual or a general permit. EPA's approach of authorizing all waste oil transfer facilities with a PBR was not followed for several reasons. In the Department's experience, transfer facilities are too varied to be effectively regulated by a one permit fits all approach. These variations include different sources of waste oil, different types of incidental processing activities and different types of ownership and control over the transportation of the waste oil to the facility. Neither does the EPA's PBR address issues such as locating the transfer facility in or near a wetland, flood plain or too close to occupied dwellings. Furthermore, the operation of these facilities is not risk free. There is always the potential that the Commonwealth will have to clean up a waste oil transfer facility or that third parties will suffer injuries resulting from the facility's activities. Therefore, there is a compelling reason that these facilities be covered by adequate bonds and insurance.
The waste oil transfer facility permit is issued in accordance with Chapter 287 (relating to residual waste management--general provisions). This permit can take the form of either an individual permit or a general permit. General permits are only available if the waste oil comes directly from waste oil generators and household do-it-yourselfers in vehicles under the transporter's control. In addition, the only activities that can occur at the facility are the consolidation/aggregation of waste oil and those processing activities which are incidental to and necessary for transportation, for example, the separation of water from waste oil in a single vehicle or tank. Transfer facilities conducting other activities raise problems and risks that are too site specific to be authorized by a general permit. However, as a matter of fairness, transfer facilities operating in a manner other than that previously described under a general permit may continue to do so for the term of the permit. Upon expiration of the general permit, the continued operation of the facility will then have to be authorized by an individual permit.
There is a PBR for waste oil transfer facilities under the ownership and control of another waste oil transfer facility or waste oil processor/rerefiner. For this PBR to apply, the transfer facility shall comply with all other requirements of this subchapter, waste oil may be only consolidated/aggregated or stored at the facility, storage is limited to 35 days and the owner's liability for cleanup and third-party injuries is being covered by the bond and insurance covering the receiving facility. Prior to commencing operation under this PBR, the operator shall submit to the Department documentation describing and identifying the location of the facility, a contact person and that the facility will not be located within 100 feet of a floodplain or perennial stream, 300 feet of a wetland or occupied dwelling or 50 feet of a property line. Finally, the operator shall keep at the facility a copy of the protocols used for determining whether waste oil contains more than 1,000 ppm total halogens and for rebutting the presumption that the waste oil has been improperly mixed with a hazardous waste.
Storage Units
Waste oil at transfer facilities shall be stored in tanks, containers or other units regulated under the hazardous waste regulations. Containers and above ground tanks must be in good condition, such as structurally sound, not leaking and be within a secondary containment system. This secondary containment system shall be constructed using dikes, berms or walls and a floor, or an equivalent system. This system shall prevent any released waste oil from migrating into the soils, or into the waters of this Commonwealth. Finally, all aboveground tanks, containers and field pipes conveying waste oil to underground storage tanks shall be marked or labeled as waste oil.
Response to releases
For releases not subject to the underground tank corrective action requirements of Chapter 245, Subchapter D the operator shall stop, contain and clean the release of waste oil. Leaking storage tanks and containers shall be repaired or replaced.
§ 298.46. Tracking
Waste oil transporters shall maintain a record of all shipments of waste oil accepted or shipped by the transporter. For shipments accepted, the record shall identify the source of the waste oil, the quantity of waste oil accepted, the date of acceptance and, unless the waste oil came from an intermediate rail transporter, the signature of a representative from the entity supplying the waste oil. For shipments delivered, the record shall identify the entity receiving the waste oil, the quantity of waste oil delivered, the date of delivery and, unless the shipment is to an intermediate rail transporter, the signature of a representative from the receiving entity. Except for the signature, records of deliveries to foreign countries shall contain the same information as any other record of a delivery. Records of acceptance and delivery shall be maintained for at least 3 years.
§ 298.147. Management of residues
Wastes generated from the transport or storage of waste oil shall be managed in accordance with the requirements for waste derived materials under § 298.10(e) (relating to applicability).
§ 298.48. Signs on Vehicles
Vehicles exclusively or primarily used to transport waste oil shall have an identifying sign. This sign shall: (1) identify the transporter; and (2) be clearly visible with lettering that is at least 6 inches high. This requirement is mandated by section 1101(e) of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 1101(e)) and has no counterpart in the EPA's used oil regulations.
Subchapter F. Standards for waste oil processing/re-refining facilities
This subchapter specifies the requirements for waste oil processing/rerefining facilities.
§ 298.50. Applicability
Except for incidental processing activities conducted by transporters under § 298.41 or conducted by burners of waste oil under § 298.61(b), all waste oil processing/re-refining activities shall be conducted at a waste oil processing/rerefining facility authorized by this subchapter. Waste oil processing/rerefining facilities that: (1) generate waste oil; (2) transport waste oil; (3) burn waste oil for energy recovery, except in space heaters under § 298.23 or incidentally to waste oil processing; or (4) direct shipments of off-specification waste oil to burners or claim waste oil is on-specification waste oil, are subject to the applicable subchapter for that activity. The disposal of waste oil shall be done in accordance with the requirements of either the applicable provisions of the residual or hazardous waste regulations.
Permits
The proposed waste oil amendments retain the existing requirement that a waste oil processing/rerefining facility shall be authorized by either an individual or a general permit. The EPA's approach of authorizing all used oil processing/rerefining facilities with a PBR was not followed for several reasons. In the Department's experience, waste oil processing/rerefining facilities are too varied to be effectively authorized by a one-size-fits-all PBR. In particular, there is a wide variation in the types of waste oil being accepted, the types of pro- cessing/rerefining activities being conducted, and how the waste oil is transported to the facility. Neither does the EPA's PBR address issues such as locating the facility in or near a wetland, a floodplain or an occupied dwelling. Furthermore, the operation of these facilities is not risk free. There is always the potential that the Commonwealth will bear the cost of cleaning up a waste oil processing/rerefining facility or that third parties will suffer injuries resulting from the facility's activities. Therefore, it is essential that these facilities be covered by adequate bonds and insurance.
Waste oil processing/rerefining facilities shall be authorized by either an individual or a general permit issued under Chapter 287 (relating to residual waste--general provisions). A general permit is only available for mobile waste processing/rerefining facilities that operate at the site of generation and facilities that reclaim waste oil under a tolling agreement under § 289.24(c) (relating to offsite shipment). In the Department's experience these are the only types of waste oil processing/rerefining activities that are uniform enough to be authorized by a general permit. All other processing/rerefining activities are so site specific that they should be authorized by an individual permit. As a matter of fairness, facilities already conducting different types of processing/rerefining activities under a general permit may do so for the term of that permit. Upon termination of the general permit, the continued operation of the facility will have to be authorized by an individual permit.
§ 298.51. Notification
If a waste oil processing/rerefining facility does not already have an EPA identification number, it must obtain one. To obtain an identification number the operator can submit to the EPA either a completed EPA form 8700-12 or a letter. The letter shall identify the facility, the owner of the facility, the facility's mailing address, the contact person, whether the facility is processing or rerefining waste oil, or both, and the facility's location.
§ 298.52. General facility standards
Preparedness and prevention
The facility shall be maintained so as to minimize the risk of fire, explosion or unplanned release of waste oil to the environment. To minimize the risk of harm, unless the hazards of the waste oil being managed indicate otherwise, the facility shall maintain an emergency communication system; a device, for example, a phone or radio, for requesting emergency assistance from government agencies; portable fire extinguishers, fire control equipment; spill control equipment and decontamination equipment; and water for fire hoses or an automatic sprinkler or foam system. Emergency equipment shall be tested and maintained to ensure its effectiveness. Whenever waste oil is being handled--for example, poured or mixed, all personnel engaged in the activity shall have access to emergency communication equipment unless the activity poses no risk of harm to the employes. If there is only one employe at the facility, that employe shall have immediate access to a communication device--for example, phone or radio, for calling external emergency assistance, unless there are no risks at the facility which may require an emergency response. All aisles through which emergency personnel and equipment must pass shall be wide enough to allow their unobstructed movement. Finally, the owner or operator of the facility must attempt to inform local emergency officials as to the hazards at the facility, and the facility layout, including evacuation routes and work areas, arrange between agencies with overlapping jurisdiction as to which is the lead agency, arrange with State emergency response systems agencies, and inform local hospitals as to the types of injuries which can occur at the facility.
Each facility must have a contingency plan for minimizing the hazards to human health and the environment from fire, explosion and unplanned release of waste oil into the environment. This plan shall be immediately implemented in response to a fire, explosion or unplanned release of waste oil into the environment. Operators who already have emergency contingency plans need only amend those plans to address waste oil management provisions sufficient to comply with this subchapter. The plan shall describe all coordination agreements with State and local emergency response agencies including a current list of persons who will act as emergency response coordinators, all emergency equipment at the facility and an evacuation plan. Copies of the contingency plan shall be kept at the facility and submitted to all emergency response agencies which may be called upon. The plan shall be amended to address changes in applicable regulations, instances where the plan failed, changes in any aspect of the facility which materially increases the risk of harm or changes the nature of the response, changes in the list of emergency response coordinators, and changes in the list of emergency equipment.
At all times there shall be at least one emergency response coordinator either at the facility or on call. The emergency coordinator shall know the contingency plan, all operations and activities at the facility, the location and characteristics of waste oil at the facility and the facility layout. The emergency coordinator must have the authority to implement the contingency plan.
The emergency coordinator has the following duties. If there is an eminent or actual emergency situation, the emergency coordinator, or its designees, shall immediately activate the internal emergency communication system and, if necessary, notify facility personnel and State and local emergency agencies with designated roles. If there is a release, fire or explosion, the emergency coordinator shall immediately identify the character, amount, source and the extent of any released materials. At the same time, the emergency coordinator shall assess the risk to human health or the environment from the explosion, fire or release. This assessment includes any effects from gases generated or hazardous water runoff resulting from the agents used to control fires and heat-induced explosions. If the emergency coordinator determines that the fire, explosion or release poses a risk to human health or the environment outside the facility, he shall notify the appropriate Departmental emergency response office and the appropriate local agencies. If an evacuation is necessary, the emergency response coordinator assists in determining which areas should be evacuated and notify the appropriate National emergency response offices. During an emergency, the emergency response coordinator shall take all reasonable measures to prevent the occurrence of explosions, fires or releases or their spread to other areas containing waste oil or hazardous wastes at the facility. If the facility operation is ceased, in hole or in part, the emergency coordinator shall, as appropriate, monitor the operation to ensure against leaks or ruptures.
Immediately following an emergency, the emergency coordinator is responsible for removing all materials generated or contaminated by the explosion, fire or release. Finally, the emergency coordinator shall ensure that no waste or waste oil which is incompatible with any released material is stored or recycled until cleanup is completed and that all emergency equipment is cleaned and ready for use. Before operations can resume in the affected portions of the facility, the operator shall notify the Department and appropriate local agencies that all released materials which are incompatible with any waste or waste oil handled at the facility has been cleaned up and that all listed emergency equipment is clean and ready for use.
The operator shall note in the operating record the details of any incident triggering the contingency plan. Within 15 days of the incident, the operator shall report it to the Department. The report shall identify the operator, facility, incident, materials involved, injuries resulting from the incident, hazards resulting from the incident and the disposition of material recovered from the incident.
§ 298.53. Rebuttable presumption for waste oil
To ensure that waste oil at a waste oil processing/re-refining facility has not been improperly mixed with hazardous waste, the operator of a waste oil processing/rerefining facility shall determine whether the waste oil managed at the facility has more than 1,000 ppm total halogens. This determination can be made by either testing the waste oil or relying upon knowledge of the material and how it was generated.
If the waste oil contains more than 1,000 ppm total halogens, it is presumed to have been improperly mixed with a hazardous waste. This presumption does not apply to certain metalworking oil/fluids and certain waste oils removed from refrigeration units. A showing that the waste oil was not mixed with a hazardous waste will rebut this presumption.
§ 298.54. Waste oil management
General
In addition to the requirements of this subchapter, operators of waste oil processing/rerefining facilities are subject to Chapter 264, Subchapters C and D (relating to preparedness and prevention; preparedness and contingency (PPC) plan and emergency procedures). Also, underground tanks used to store waste oil shall comply with the storage tank requirements of Chapter 245.
Storage units
Waste oil shall be stored in tanks, containers or other management units authorized by the hazardous waste regulations. Containers and tanks shall be in good condition, structurally sound and not leaking. The aboveground tank or container shall have a secondary containment system which at a minimum consists of walls, dikes or berms and a floor, or its equivalent. This secondary containment system shall be capable of keeping any released waste oil from migrating into the soils or water. The aboveground tanks, containers and field pipes conveying waste oil to underground tanks shall be marked or labeled with the words ''waste oil.'' Except for leaks from storage tanks subject to the corrective action requirements of Chapter 245, Subchapter D, operators shall respond to releases of waste oil by stopping the release, containing the release, cleaning up the released waste oil and other contaminated materials, and, if necessary, repair or replace any tank or container.
Closure
At closure of an aboveground tank system, the waste oil residues shall be removed or decontaminated from the tank and all other components of the system and the surrounding soils. These materials shall then be managed as a residual or hazardous waste. If not all contaminated soils can be practicably removed or decontaminated, the tank system shall be closed and managed like a hazardous waste landfill.
At closure of a container storage system, the operator shall remove all containers holding waste oil or waste oil residues from the site. All remaining waste oil residues in the containment system and surrounding soils shall be removed or decontaminated. The contaminated containment system and affected soils shall be managed as a residual or hazardous waste.
§ 298.55. Analysis plan
The operator shall develop and follow an analysis plan for determining whether waste oil contains more than 1,000 ppm total halogens. If the waste oil processor/re-refiner declares the waste oil to be on-specification, the analysis plan shall also address how that determination was made.
For determining the level of total halogens in the waste oil, the analysis plan shall indicate whether the determination will be based upon knowledge of how the waste oil was produced or sample analysis. If sample analysis is to be used, the plan shall indicate the sampling method to be used, that is, one of the methods identified in 40 CFR Part 261, Appendix I or its equivalent; the frequency of sampling; whether the analysis will occur at the facility; and the analytical methods used to determine the halogen content. Finally, the plan shall identify other information that will be used to determine the halogen content.
For determinations that waste oil is on-specification, the plan shall indicate whether sample analysis or other information will be used to make this determination. If sample analysis is to be used, the plan shall indicate: (1) the sampling method to be used, that is, one of the methods identified in 40 CFR Part 261, Appendix I or its equivalent; (2) the frequency of sampling; (3) whether the analysis will occur at the facility; and (4) whether the waste oil will be sampled and analyzed prior to or after waste oil processing and the analytical methods used for determining the on-specification parameters. Finally, the plan shall identify other information used to make this determination.
§ 298.56. Tracking
Waste oil processing/rerefining facilities must maintain a record of all waste oil shipments accepted by the facility or delivered by the facility to another entity. This record can take the form of a log, invoice, manifest or other shipping document. The record shall identify the transporter, source of the waste oil, quantity of waste oil accepted and the date of acceptance. For deliveries shipped from the facility, the documents shall identify the transporter, receiving entity, quantity of waste oil shipped and the date of shipment. This record shall be maintained for at least 3 years.
§ 298.57. Operating record and reporting
The owner or operator shall keep an operating record at the facility. This operating record shall be maintained until the facility is closed. It shall contain records and results of waste oil analysis in accordance with the facility's analysis plan and reports of incidents requiring implementation of the contingency plan.
The operator shall submit, biennially, a report to the Department documenting the facility's activities for the proceeding year. The report shall be in the form of a letter and shall identify the processor/rerefiner, the calendar year being covered and the quantities of waste oil accepted and the manner the waste oil was processed or rerefined.
§ 298.58. Off-site shipments of waste oil
Waste oil processors/rerefiners who arrange for shipments of waste oil to be brought to the facility shall use transporters who have an EPA identification number.
§ 298.59. Management of waste
Owners and operators of waste oil processing/re-refining facilities shall manage their wastes in accordance with the other applicable provisions of the hazardous and residual waste regulations.
Subchapter G. Standards for burners of waste oil who burn off-specification waste oil for energy recovery
This subchapter sets forth the standards applicable to burners of off-specification waste oil.
§ 298.60. Applicability
Except as provided in this section, individuals burning off-specification waste oil (burners) shall comply with the requirements of this subchapter. This subchapter does not apply to generators burning their own off-specification waste oil in appropriate space heaters under § 298.23 and a waste oil processor/rerefiner burning waste oil incidentally to the waste oil processing. This subchapter is a PBR for the burning of waste oil.
Burners which generate waste oil, transport waste oil, process or rerefine waste oil (except for aggregating it with virgin fuel or on-specification waste oil prior to burning), determine waste oil to be on-specification waste oil or ship it to other burners are subject to the other subchapters applicable to that activity. Any waste generated by the burner shall be disposed of in accordance with the other residual or hazardous waste regulations.
§ 298.61. Restrictions on burning
Off-specification waste oil can be burned in industrial furnaces, in a limited class of boilers, by the generator in a small space heater under § 298.23, or a hazardous waste incinerator. The allowable boilers are boilers located on a manufacturing facility, utility boilers used to produce electricity, steam or other substances which are sold. Persons burning off-specification waste oil in a boiler or industrial furnace shall also have the appropriate air quality approvals.
§ 298.62. Notification
Burners who do not already have an EPA identification number shall obtain one. Identification numbers can be obtained by sending EPA either a completed EPA form 8700-12 or a letter. The letter shall identify the burner and its owner, a contact person for the burner and type of activity.
§ 298.63. Rebuttable presumption
To ensure that waste oil at a waste oil burner facility has not been improperly mixed with hazardous waste, the burner shall determine whether the waste oil managed at the facility has more than 1,000 ppm total halogens. This determination can be made by either testing the waste oil, relying upon knowledge of the material and how it was generated or information from the waste oil processor/rerefiner supplying the waste oil. If the waste oil contains more than 1,000 ppm total halogens, there is a rebuttable presumption that the waste oil has been improperly mixed with a hazardous waste. This presumption does not apply to certain metalworking oils/fluids and certain waste oil removed from refrigeration units. The burner shall maintain for 3 years a record of the information or analysis used to determine the waste oil's halogen content and to rebut the presumption of improper mixing.
§ 298.64. Waste oil storage
In addition to the requirements of this section, waste oil burners shall have a prevention, preparedness and contingency plan as well as a spill prevention plan, as provided for in Chapter 264. Also, all underground waste oil storage tanks at the facility shall comply with the Department's storage tank regulations found in Chapter 245.
Burners shall store waste oil in tanks, containers or other units regulated under the hazardous waste regulations. Containers and aboveground tanks shall be in good condition, for example, structurally sound, not leaking, and be within a secondary containment system. This secondary containment system shall be constructed using dikes, berms or walls and a floor, or an equivalent system. This system shall prevent any released waste oil from migrating into the soils, or into the waters of this Commonwealth. Finally, aboveground tanks, containers and field pipes conveying waste oil to underground storage tanks shall be marked or labeled as waste oil.
Response to releases
For releases not subject to the underground tank corrective action requirements of Chapter 245, Subchapter D, the burner shall stop, contain and clean up the release of waste oil. Leaking storage tanks and containers shall be repaired or replaced.
§ 298.65. Tracking
Waste oil burner facilities shall maintain a record of all waste oil shipments accepted by the facility. This record can take the form of a log, invoice, manifest or other shipping document. The record shall identify the transporter bringing the shipment, the source of the waste oil, the quantity of waste oil accepted and the date of acceptance. This record shall be maintained for at least 3 years.
§ 298.66. Notices
Before a burner accepts the first shipment of off-specification waste oil from a particular source, the burner shall give that entity a one-time written signed certification that the burner has notified the EPA of its activity and the waste oil will only be burned in an appropriate boiler or industrial furnace. This certification shall be retained for 3 years after the burner last receives a shipment from that entity.
§ 298.67. Management of Waste
Burners who generate a waste from the storage or burning of waste oil shall manage it in accordance with the requirements for waste derived materials in § 298.10(e).
Subchapter H. Standards for waste fuel marketers
§ 298.70. Applicability.
This subchapter sets forth the standards for persons who market waste oil as a fuel. It applies to anyone who directs a shipment of off-specification waste oil to a burner, or who first declares waste oil that is to be burned for energy recovery to be on-specification. Waste oil fuel marketers are a generator, transporter, processor/rerefiner or a burner and are also subject to the applicable subchapter which addresses that activity.
§ 298.71. Prohibitions
A waste oil marketer can only initiate shipments of off-specification waste oil to burners who have an EPA identification number, and burn the waste oil in an appropriate boiler or industrial furnace.
§ 298.72. On-specification waste oil fuel
A waste oil generator, transporter, processor/rerefiner or burner can make the determination that waste oil fuel is on-specification waste oil. This determination can be based upon an analysis of the waste oil or upon copies of an analysis performed by someone else or other information documenting that the waste oil is on-specification. The entity first declaring the waste oil to be on-specification shall retain for 3 years copies of the information used to make this determination.
§ 298.73. Notification
Waste oil marketers shall have an EPA identification number. Identification numbers can be obtained by sending to EPA a completed EPA form 8700-12 or a letter. The letter shall identify the marketer and its owner; a contact person for the marketer; and type of activity.
§ 298.74. Tracking
The marketer shall keep a record of all deliveries to burners. This record can take the form of a log, invoice, manifest or other shipping document. The record shall identify the transporter, burner, quantity of waste oil delivered and the date of delivery. This record shall be maintained for at least 3 years.
The entity first claiming that waste oil to be burned for energy recovery is on-specification shall keep a record of each shipment of that waste oil sent to another facility. The record shall include the following: identity of the receiving entity; quantity of waste oil fuel delivered; date of shipment or delivery; and a cross reference to the record of the information used to claim the waste oil is on-specification. This information must be maintained for at least 3 years.
§ 298.75. Notices
Before a person can direct a shipment of off-specification fuel to a burner, that person shall obtain a one-time written and signed certification from the burner that the burner has notified the EPA of its activity and the waste oil will only be burned in an appropriate boiler or industrial furnace. This certification shall be retained for 3 years after the last shipment of off-specification waste oil is shipped to the burner.
Conforming amendments to the residual and hazardous waste regulations
To implement the foregoing proposed waste oil regulations, it is necessary to make some technical amendments to the existing hazardous and residual waste regulations. These amendments primarily take one of two forms. They are either the deletion of regulations addressing issues addressed by the proposed amendments or modification of a regulation to provide the correct cross reference.
Proposed amendments to the hazardous waste regulations (Chapters 261 and 266)
Section 261.3(h) (relating to definition of hazardous waste) will be amended to make it clear that the management of characteristically hazardous waste oil that is being recycled will be governed by the proposed waste oil regulations. Section 261.5(j) (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators) will be deleted. This subsection allows a CESQG to mix any type of hazardous waste with waste oil and have the mixture managed as waste oil provided the mixture or the products derived from the mixture is to be burned for energy recovery. The proposed waste oil regulations do not retain this exemption. Section 261.6(a) (relating to hazardous wastes that are being recycled) will be amended to give the new citation for the waste oil on-specification table that is, § 298.11(b) (relating to waste oil specification). Finally, Chapter 266, Subchapter E will be deleted. The issues addressed by this subchapter will be fully addressed by the proposed waste oil amendments.
Proposed amendments to the existing residual waste regulations (Chapter 287)
Section 287.1 (relating to definitions) will be amended by deleting the definition for ''used oil recycling.'' This term is being deleted because it is unnecessary and its retention is potentially confusing. The term is not used in Chapter 287 and the activities described in the definition are included in the definition for ''waste oil processing.'' Section 287.2 (relating to scope) will be amended by adding a new subsection (l) which states that the management of waste oil that is being recycled is governed by Chapter 298. Section 287.51(d) (relating to scope) will be deleted. This subsection will become unnecessary and inaccurate. It states that used oil generators and collectors who market used oil are subject to § 266.43. The proposed waste oil regulations specify who is a waste oil marketer. Finally, § 287.102 (relating to captive processing) will be amended by deleting the PBRs for transfer facilities that collect used oil and energy recovery facilities that burn waste oil. These PBRs are now addressed by proposed § 298.30 (relating to collection centers) and Subchapter G.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a statement of the benefits of proposed amendments as well as the costs which may be imposed. It also requires a statement of the need for, and a description of, forms, reports or other paperwork required as a result of the proposed amendments.
Benefits
The proposed waste oil amendments eliminate confusion caused by the current regulations dealing with waste oil. Current regulations on waste oil, found in both the residual waste and hazardous waste regulations, have lead to ambiguity as to which set of regulations apply under what circumstances. The proposed regulations place all regulations dealing with the generation, storage, transportation, reuse and recycling of waste oil into a single chapter.
Applicable storage and transportation requirements in the current regulations are general in nature and, therefore, lack specific requirements appropriate to the management of waste oil. Management standards for the storage and transportation of storage and transportation of waste oil are patterned after the corresponding Federal requirements.
To promote recycling, the proposed amendments expand existing permit by rule provisions for waste oil collection facilities. These facilities will be able to accept any type of waste oil, not just used oil from internal combustion engines or vehicles. In addition, this will include individuals who change the oil and filters in their personal vehicles.
Costs
Generators may be most affected by the proposed amendments. Generators of small quantities of waste oil may realize savings for storage and transportation if they transport their oil to waste oil collection facilities. Under the current regulations, generators of small quantities of waste oil would either have to use a residual waste transporter or, if transporting the waste oil themselves, comply with the residual waste transportation requirements. These proposed regulations will allow generators to self-transport up to 55 gallons of waste oil to a collection facility without having to comply with the waste oil transportation requirements. The current residual and hazardous waste regulations impose recordkeeping requirements on waste oil generators. There will be some costs to generators from a slight increase in recordkeeping and labeling requirements. As explained previously, this information is needed to enable transporters, processors/rerefiners, burners and the Department to determine whether the waste oil has been improperly mixed with a hazardous waste if the generator's waste oil contains more than 1,000 ppm total halogens. There will be an increased cost to conditionally exempt small quantity generators of hazardous waste who also generate waste oil. These individuals will no longer be able to dispose of their hazardous waste by mixing it with their waste oil and having the mixture burned for energy recovery. Therefore, they will have some increased costs for the disposal of their hazardous waste in an environmentally responsible manner. The net cost to generators is expected to be approximately $500,000 per year.
While waste oil management facilities could have increased costs due to the requirement to have containment systems under the proposed regulations, all permitted waste oil processing or transfer facilities possess containment systems which are expected to satisfy the proposed requirements. Operators of waste oil facilities in this Commonwealth have recognized that using a containment system is sound business practice. No other increased costs for waste oil management facilities are associated with these proposed amendments.
It is projected that there will be no increased costs or savings to local governments associated with these proposed amendments.
Paperwork Requirements
For the most part, no new recordkeeping and reporting requirements have been imposed by these proposed amendments which are not required under current regulations. Generators of waste oil will be required to maintain records documenting the characteristics of the oil used, how it became waste oil, whether it was mixed with an ignitable hazardous waste and the information used to demonstrate that any waste oil containing more than 1,000 ppm total halogens was not mixed with a hazardous waste.
The generators, transporters, burners and waste oil processing/rerefining facility operators are required to keep records of the information used to determine whether waste oil containing more than 1,000 ppm total halogens was not mixed with hazardous waste. Generators, marketers, processors/rerefiners or any person who first determines that waste oil is on-specification waste oil shall keep records showing why the waste oil met the specifications. Waste oil processors/rerefiners are required to have a written protocol for determining if the total halogens in waste oil exceeds 1,000 ppm and, if applicable, for determining whether waste oil to be burned for energy recovery is on-specification, and maintain operating records. Waste oil processors/rerefiners are also required to maintain a more detailed prevention, preparedness and contingency plan then required of other hazardous waste treatment facility operators. Transporters, waste oil processors/rerefiners, burners and marketers shall maintain records tracking shipments of waste oil. These analytical and record keeping requirements are mandated by the EPA's used oil regulations.
Compliance Assistance
The Department's compliance assistance efforts will take two forms. The Department will prepare fact sheets to help explain how the waste oil regulations work. In addition, the Department will work with industry groups to develop workshops to explain how individuals can comply with the new standards.
G. Regulatory Review Act
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 22, 1999, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the regulations.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by June 9, 1999. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by June 9, 1999. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@dep. state.pa.us. The subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by June 9, 1999.
J. Public Meetings and Hearing
The Department will hold three public information meetings for the purpose of informing the public as to the purpose and contents of this proposal. The meetings will be held at 2 p.m. on the following dates and at the following locations:
May 11, 1999 Department of Environmental
Protection
Southcentral Regional Office
Susquehanna River Conference Room
909 Elmerton Avenue
Harrisburg, PAMay 18, 1999 Department of Environmental
Protection
Southwest Regional Office
500 Waterfront Drive
Pittsburgh, PAMay 20, 1999 Department of Environmental
Protection
Southeast Regional Office
Suite 6010, Lee Park
555 North Lane
Conshohocken, PAThe Board will hold a public hearing for the purpose of accepting comments on this proposal. The hearing will be held at 2 p.m. on May 25, 1999, at the Department's Southcentral Regional Office, 909 Elmerton Aveune, Harrisburg, PA, 17110, in the Susquehanna River Conference Room.
Persons wishing to present testimony at the hearing are requested to contact Kate Coleman at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at the hearing.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-342. (1) General Fund; (2) Implementing Year 1999-00 is $ 10,000; (3) lst Succeeding Year 2000-01 is $Minimal; 2nd Succeeding Year 2001-02 is $Minimal; 3rd Succeeding Year 2002-03 is $Minimal; 4th Succeeding Year 2003-04 is $Minimal; 5th Succeeding Year 2004-05 is $Minimal; (d) Three year history of program costs: (4) Fiscal Year 1998-99 $33,123,000; Fiscal Year 1997-98 $31,139,000; Fiscal Year 1996-97 $29,469,000; (7) Environmental Program Management; (8) recommends adoption.
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