§ 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 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste), incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope).
(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 40 CFR Part 261, Subpart D (relating to lists of hazardous waste), incorporated by reference in § 261a.1, are subject to regulation as hazardous waste under Chapters 260a—266a and Chapter 270a 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 40 CFR Part 261, Appendix VIII (relating to hazardous constituents), incorporated by reference in § 261a.1. 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 40 CFR 261.4(b)(1) (relating to exclusions), incorporated by reference in § 261a.1, 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 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste), incorporated by reference in § 261a.1, and mixtures of waste oil and hazardous waste that is listed in 40 CFR Part 261, Subpart D (relating to lists of hazardous waste), incorporated by reference in § 261a.1, solely because it exhibits one or more of the characteristics of hazardous waste identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste), incorporated by reference in § 261a.1, are subject to:
(i) Regulation as hazardous waste under Chapters 260a—270a, rather than as waste oil under this chapter, except as provided in subparagraphs (ii) and (iii).
(ii) Regulation as waste oil under this chapter if the mixture is of waste oil and a waste which is hazardous waste, mixed in accordance with § 270a.60(b)(2) (relating to permit-by-rule) or in accordance with a permitted hazardous waste treatment facility, and if the waste is hazardous solely because it exhibits the toxicity characteristic for benzene, arsenic, cadmium, chromium or lead or ignitability, provided that the resultant mixture does not exhibit any characteristic of hazardous waste identified under 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste) except as specified in subparagraph (iii).
(iii) 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 40 CFR 261.21 (relating to characteristic of ignitability), incorporated by reference at § 261a.1. 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 this chapter.
(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 Articles VII and VIII (relating to hazardous waste management; and municipal waste management) or this article.
(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 when burned at an industrial furnace or boiler.
(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 (relating to waste generators).
(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—may not be subject to this title if the Department determines that the material is no longer a waste in accordance with § 287.7 (relating to determination that a material is no longer a waste).
(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) 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.
(g) Waste oil on vessels. Waste oil produced on vessels from normal shipboard operations is not subject to this chapter until it is transported ashore.
(h) 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).
Cross References This section cited in 25 Pa. Code § 298.20 (relating to applicability); 25 Pa. Code § 298.21 (relating to applicability); 25 Pa. Code § 298.24 (relating to offsite shipments); 25 Pa. Code § 298.40 (relating to applicability); 25 Pa. Code § 298.44 (relating to rebuttable presumption for waste oil and flash point screening); 25 Pa. Code § 298.46 (relating to tracking); 25 Pa. Code § 298.53 (relating to rebuttable presumption for waste oil and flash point screening); 25 Pa. Code § 298.59 (relating to management of waste); 25 Pa. Code § 298.63 (relating to rebuttable presumption for waste oil); and 25 Pa. Code § 298.67 (relating to management of waste).
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