§ 298.20. Applicability.
(a) General. Except as provided in paragraphs (1)—(4), this subchapter applies to a waste oil generator. A waste oil generator is a person, by site, whose act or process produces waste oil or whose act first causes waste oil to become subject to regulation.
(1) Household “do-it-yourselfer” waste oil generators. A household “do-it yourselfer” waste oil generator is not subject to this chapter.
(2) Vessels. A vessel at sea or at port is not subject to this subchapter. For purposes of this subchapter, waste oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the person removing or accepting waste oil from the vessel are cogenerators of the waste oil and are both responsible for managing the waste in compliance with this subchapter once the waste oil is transported ashore. The cogenerators may decide among them which party will fulfill the requirements of this subchapter.
(3) Diesel fuel. A mixture of waste oil and diesel fuel mixed by the generator of the waste oil for use in the generator’s own vehicles is not subject to this chapter once the waste oil and diesel fuel have been mixed. Prior to mixing, the waste oil fuel is subject to this subchapter.
(4) Farmers. A farmer who generates an average of 25 gallons per month or less of waste oil from vehicles or machinery used on the farm in a calendar year is not subject to this chapter.
(b) Other applicable provisions. A waste oil generator who conducts the following activities is subject to the requirements of other applicable provisions of this chapter and other chapters as indicated in paragraphs (1)—(8):
(1) A waste oil generator who transports waste oil, except under the self-transport provisions of § 298.24(1) and (2) (relating to offsite shipments), shall also comply with Subchapter E (relating to waste oil transporter and transfer facilities).
(2) Except as provided in paragraphs (3) and (4), a waste oil generator who processes or rerefines waste oil shall also comply with Subchapter F (relating to waste oil processing/refining facilities).
(3) A waste oil generator who performs the following activities is deemed to have a solid waste management permit-by-rule for the captive processing of waste oil provided that the waste oil is not being sent offsite to a burner of on-specification or off-specification waste oil fuel and provided that the generator submits a written notice to the Department that includes the name, address and telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility. The Department may require a generator, who is conducting one of the activities in subparagraphs (i)—(iv) under a permit-by-rule, to apply for, and obtain, a permit in accordance with Chapters 287 and 297 (relating to residual waste management—general provisions; incinerators and other processing facilities), or take other appropriate action, when the generator is not in compliance with the requirements for the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(i) Filtering, cleaning or otherwise reconditioning waste oil before it is reused by the generator. The generator shall also meet the following requirements:
(A) Remaining waste is managed under the act.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(ii) Separating waste oil from wastewater generated onsite to make the wastewater acceptable for discharge or shipment offsite. For this activity to be authorized by a permit-by-rule, the generator shall also meet the following requirements:
(A) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(B) The facility has an NPDES permit, if required, and complies with the conditions of that permit.
(C) The facility meets the requirements of 40 CFR 264.11, 264.14, 264.15, 264.73, 264.75 and 264.77 all of which are incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference).
(D) The generator shall maintain, in a readily accessible place at the facility, a copy of a preparedness prevention and contingency (PPC) plan that is consistent with the Department’s most recent guidelines for development and implementation of PPC plans.
(iii) Draining or otherwise removing waste oil from materials containing or otherwise contaminated with waste oil to remove excessive oil to the extent possible under § 298.10(c) (relating to applicability). For this activity to be authorized by a permit-by-rule, the generator shall also meet the following requirements:
(A) Waste remaining from the filter process is managed under the act.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(iv) Filtering, separating or otherwise reconditioning waste oil before burning it in a space heater under § 298.23 (relating to onsite burning in space heaters). For this activity to be authorized by a permit-by-rule, the generator shall also meet the following requirements:
(A) Waste remaining from the filter process is managed under the act.
(B) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(C) Processing occurs at the same manufacturing or production facility where some or all of the waste oil is generated.
(4) A waste oil generator is not a processor when it is using oil mist collectors to remove small droplets of waste oil from in-plant air to make plant air suitable for continued recirculation. For this exemption to be applicable, the waste oil so generated is not being sent offsite to a burner of on- or off-specification waste oil fuel.
(5) A waste oil generator who burns off-specification waste oil for energy recovery, except under the onsite space heater provisions of § 298.23, shall also comply with Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy recovery).
(6) A waste oil generator who directs shipments of off-specification waste oil from its facility to a waste oil burner, or first claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11 (relating to waste oil specifications) shall also comply with Subchapter H (relating to waste oil fuel marketers).
(7) A waste oil generator shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste management; and residual waste management).
(8) A material managed in accordance with this section and that is not burned for energy recovery or used in a manner constituting disposal may not be subject to regulation under 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).
(c) Recordkeeping. The generator is required to maintain, for 3 years, the following records:
(1) The type of oil used.
(2) A description of the process that generates the waste oil.
(3) A record of the tests used to determine if the waste oil contains more than 1,000 parts per million total halogens.
(4) A record of the information used to rebut the presumption in § 298.10(b)(1)(ii) if the waste oil contains more than 1,000 parts per million total halogens.
(5) The type and quantity of any hazardous waste generated and the analyses of hazardous waste characteristics for any mixtures of hazardous waste with waste oil.
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