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