25 Pa. Code § 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.
Notes
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