25 Pa. Code § 298.63 - Rebuttable presumption for waste oil
(a) To ensure that waste oil managed at a
waste oil burner facility is not hazardous waste under the rebuttable
presumption of §
298.10(b)(1)(ii)
(relating to applicability), a waste oil burner shall determine whether the
total halogen content of waste oil managed at the facility is above or below
1,000 parts per million.
(b) The
waste oil burner shall determine if the waste oil contains above or below 1,000
parts per million total halogens by one of the following:
(1) Testing the waste oil.
(2) Applying knowledge of the halogen content
of the waste oil in light of the materials or processes used.
(3) If the waste oil has been received from a
processor/rerefiner subject to regulation under Subchapter F (relating to waste
oil processing/rerefining facilities), using information provided by the
processor/rerefiner.
(c)
Waste oil containing more than 1,000 parts per million total halogens, is
presumed to be a hazardous waste because it has been mixed with halogenated
hazardous waste listed under 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). A person may rebut this presumption by
demonstrating that the waste oil does not contain hazardous waste. For example,
by using 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.
(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 chlorofluorocarbons (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)
Record
retention. Records of analyses conducted or information used to comply
with subsections (a)-(c) shall be maintained by the burner for at least 3
years.
Notes
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No prior version found.