Current through Register Vol. 54, No. 44, November 2, 2024
(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).
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).
