Subchapter E. WASTE OIL TRANSPORTER AND TRANSFER FACILITIES
Sec.
298.40. Applicability.
298.41. Restrictions on transporters and transfer facilities who are not also processors or refiners.
298.42. Notification.
298.43. Waste oil transportation.
298.44. Rebuttable presumption for waste oil and flash point screening.
298.45. Waste oil storage at transfer facility.
298.46. Tracking.
298.47. Management of wastes.
298.48. Signs on vehicles.
Cross References This subchapter cited in 25 Pa. Code § 298.20 (relating to applicability); 25 Pa. Code § 298.50 (relating to applicability); 25 Pa. Code § 298.60 (relating to applicability); and 25 Pa. Code § 298.70 (relating to applicability).
§ 298.40. Applicability.
(a) General. Except as provided in paragraphs (1)—(4), this subchapter applies to all waste oil transporters and transfer facilities.
(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, transfer facility, 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 40 CFR 261.7 (relating to residues of hazardous waste in empty containers) incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope), and modified in § 261a.7 (relating to residues of hazardous waste in 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 or transfer facility that conducts the following activities is also subject to other applicable provisions of this chapter as indicated in paragraphs (1)—(5):
(1) A transporter or transfer facility that generates waste oil shall also comply with Subchapter C (relating to waste oil generators).
(2) A transporter or transfer facilty that processes or rerefines waste oil, except as provided in § 298.41 (relating to restrictions on transporters and transfer facilities who are not also processors or rerefiners), shall also comply with Subchapter F (relating to waste oil processing/refining facilities).
(3) A transporter or transfer facility that 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 or transfer facility that 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).
(5) A transporter or transfer facility shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste management; and residual waste management).
§ 298.41. Restrictions on transporters and transfer facilities 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 processing/rerefining facilities).
(b) A transporter or transfer facility 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 or transfer facility managing waste oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter in the course of loading or unloading waste oil or at a transfer facility authorized under § 298.45 prior to being returned to its original use is not subject to the waste oil processor/rerefiner requirements in Subchapter F.
Cross References This section cited in 25 Pa. Code § 298.40 (relating to applicability); and 25 Pa. Code § 298.50 (relating to applicability).
§ 298.42. Notification.
(a) Identification numbers. A waste oil transporter or transfer facility shall have an EPA identification number.
(b) Mechanics of notification. A waste oil transporter or transfer facility that 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 or transfer facility company name.
(ii) The owner of the transporter or transfer facility company.
(iii) The mailing address for the transporter or transfer facility.
(iv) The name and telephone number for the transporter or transfer facility 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) A 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.
(5) A waste oil transfer facility that has obtained an identification number.
(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 and flash point screening.
(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 and the transfer facility 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. The waste oil transporter shall make the determination at the generator’s location, prior to loading on the transportation vehicle. The waste oil transfer facility shall make the determination prior to the unloading of a transportation vehicle at the transfer facility.
(b) The transporter and transfer facility shall make this total halogen 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 40 CFR Part 261, Subpart D (relating to lists of hazardous waste), incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope). 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 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 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) The owner or operator of a waste oil transfer facility shall test waste oil for flash point or shall request approval from the Department for an alternative method to screen waste oil for the purposes of detecting adulteration of waste oil and providing a safety measure in determining the potential for a waste oil to initiate a fire during storage and processing.
(e) Records of analyses conducted or information used to comply with subsections (a)—(d) shall be maintained by the transporter and transfer facility for at least 3 years.
Cross References This section cited in 25 Pa. Code § 252.6 (relating to accreditation-by-rule); and 25 Pa. Code § 298.45 (relating to waste oil storage at transfer facility).
§ 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) The owners or operators of a transfer facility shall obtain a permit issued under Chapters 287 and 293 (relating to residual waste management—general provisions; and transfer facilities for residual waste).
(2) A general permit is only available if all of the following are met:
(i) The owner or 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 or 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 or in a single consolidation tank.
(3) The owners or operators of a waste oil transfer facility authorized prior to June 2, 2001 by a general permit issued prior to June 2, 2001, 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 or operator of the transfer facility may only continue to operate the facility after the term has expired on the general permit if the owner or operator has obtained an individual permit issued under Chapters 287 and 293.
(4) A copy of the protocol for satisfying the requirements of § 298.44 (relating to rebuttable presumption for waste oil and flashpoint screening) shall be maintained at a facility operating under paragraph (2) or (3).
(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 264a or 265a (relating to owners and operators of hazardous waste treatment, storage and disposal facilities; and interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
(d) Condition of units. A container or aboveground storage tank used to store waste oil at transfer facilities shall meet the following requirements:
(1) Be in good condition. For example—containers and aboveground storage tanks may not exhibit severe rusting, apparent structural defects or deterioration.
(2) Not leaking (no visible leaks).
(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) Additional requirements for containers. The total container height of a group of containers may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which ensures access for purposes of inspection, containment and remedial action with emergency vehicles and equipment.
(g) Additional requirements for storage tanks. Storage tanks used to store waste oil shall be designed and operated in accordance with § 299.122(b) (relating to storage tanks). For existing aboveground storage tanks, an alternative design to secondary containment may be demonstrated where the tank meets the ground.
(h) Labels.
(1) Except as provided in paragraphs (2) and (3), a container or aboveground tank used to store waste oil at transfer facilities shall be labeled or marked clearly with the words “waste oil” by no later than December 2, 2001.
(2) Containers or aboveground storage tanks which are labeled or marked with the words “used oil” on June 2, 2001, shall be labeled or marked with the words “waste oil” by no later than June 2, 2003.
(3) Containers used in transportation may be labeled or marked with the words “used oil,” instead of “waste oil,” or the words required by a receiving state if the containers and vehicles are destined for recycling or disposal outside of this Commonwealth. If a person accepts waste oil from or delivers waste oil to a generator, transfer facility, or processor/rerefiner in this Commonwealth in a container used in transportation, paragraph (1) or (2) shall be met.
(4) Fill pipes used to transfer waste oil into underground storage tanks at transfer facilities shall be labeled or marked clearly with the words “waste oil” by no later than December 2, 2001. Fill pipes which are labeled or marked with the words “used oil” on June 2, 2001, shall be labeled or marked with the words “waste oil” by no later than June 2, 2003.
(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 June 2, 2001, the owner or 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.
(j) Additional requirements. In addition to the requirements of this subchapter, a waste oil transfer facility is subject to § § 293.109 and 293.241—293.243. Waste oil transfer facilities are subject to all applicable spill prevention, control and countermeasures (40 CFR Part 112 (relating to oil pollution prevention)) in addition to the requirements of this subchapter. A waste oil transfer facility 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 storage tanks whether or not the waste oil exhibits any characteristics of hazardous waste.
Cross References This section cited in 25 Pa. Code § 298.41 (relating to restrictions on transporters and transfer facilities who are not also processors or refiners).
§ 298.46. Tracking.
(a) Acceptance. A waste oil transporter and transfer facility 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, transfer facility or processor/rerefiner who provided the waste oil for transport.
(2) The identification number (if applicable) of the generator, transporter, transfer facility 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, transfer facility or processor/rerefiner who provided the waste oil for transport, dated upon receipt of the waste oil.
(b) Deliveries. A waste oil transporter and transfer facility 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, transfer facility 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 and transfer facilities 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 or transfer facility 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) 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.
(b) Transportation vehicles may be labeled or marked with the words “used oil,” instead of “waste oil,” or the words required by a receiving state if the vehicles are destined for recycling or disposal outside of this Commonwealth. If a person accepts waste oil from or delivers waste oil to a generator, transfer facility, or processor/rerefiner in this Commonwealth in a transportation vehicle, the following shall be met:
(1) Except as provided in paragraph (2), the transportation vehicle shall be labeled or marked clearly with the words “waste oil” by no later than December 2, 2001.
(2) Transportation vehicles that are marked or labeled “used oil” on December 2, 2001, shall be marked or labeled with the words “waste oil” by no later than June 2, 2003.
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