25 Pa. Code § 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.
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