§ 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).
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