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Subchapter F. WASTE OIL PROCESSING/REFINING FACILITIES
Sec.
298.50. Applicability.
298.51. Notification.
298.52. General facility standards.
298.53. Rebuttable presumption for waste oil and flash point screening.
298.54. Waste oil management.
298.55. Analysis plan.
298.56. Tracking.
298.57. Operating record and reporting.
298.58. Offsite shipments of waste oil.
298.59. Management of waste.
Cross References This subchapter cited in 25 Pa. Code § 298.20 (relating to applicability); 25 Pa. Code § 298.40 (relating to applicability); 25 Pa. Code § 298.41 (relating to restrictions on transporters and transfer facilities who are not also processor or rerefiners); 25 Pa. Code § 298.60 (relating to applicability); 25 Pa. Code § 298.61 (relating to restrictions on burning); and 25 Pa. Code § 298.70 (relating to applicability).
§ 298.50. Applicability.
(a) General. Except as provided in this subsection, this subchapter applies to owners and operators of waste oil processing/rerefining facilities. This subchapter does not apply to:
(1) A transporter or transfer facility that conducts incidental waste oil processing operations that occur during the normal course of transportation as provided in § 298.41 (relating to restrictions on transporters and transfer facilities who are not also processors or rerefiners).
(2) A burner that conducts incidental waste oil processing operations that occur during the normal course of waste oil management prior to burning as provided in § 298.61(b) (relating to restrictions on burning).
(b) Other applicable provisions. A waste oil processor/rerefiner who conducts the following activities is also subject to other applicable provisions of this chapter as indicated in paragraphs (1)(5).
(1) A processor/rerefiner who generates waste oil shall also comply with Subchapter C (relating to waste oil generators).
(2) A processors/rerefiner who transports waste oil shall also comply with Subchapter E (relating to waste oil transporter and transfer facilities).
(3) Except as provided in subparagraphs (i) and (ii), a processor/rerefiner who 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 necessary). A processor/rerefiner burning waste oil for energy recovery under the following conditions is not subject to Subchapter G.
(i) The waste oil is burned in an onsite space heater that meets the requirements of § 298.23 (relating to onsite burning in space heaters).
(ii) The waste oil is burned for purposes of waste oil processing which is considered burning incidentally to waste oil processing.
(4) A processor/rerefiner 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).
(5) A processor/rerefiner shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste management; and residual waste management).
(c) Permits.
(1) The owner or operator of a waste oil processing facility shall obtain a permit issued under Chapters 287 and 297 (relating to residual waste managementgeneral provisions; and incinerators and other processing facilities).
(2) A general permit is only available for the following types of waste oil processing/rerefining facilities:
(i) A mobile waste oil processor/rerefiner that operates at the site of waste oil generation.
(ii) A waste oil processor/rerefiner that reclaims waste oil under toll arrangements as specified in § 298.24(3) (relating to offsite shipments).
(3) The owner or operator of a facility authorized prior to June 2, 2001, by a waste oil processing/rerefining general permit issued prior to June 2, 2001, may continue to operate its facility under the general permit for the permit term. At the end of the permit term, this general permit is not renewable. The owner or operator of the waste oil processing/rerefining facility after the term has expired on the general permit may only continue to operate the facility if the owner or operator has obtained an individual permit issued under Chapters 287 and 297.
§ 298.51. Notification.
(a) Identification numbers. A waste oil processor or rerefiner who has not previously obtained an identification number shall comply with 40 CFR 264.11 (relating to identification number), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and modified in § 264a.11 (relating to identification number and transporter license) and obtain an EPA identification number.
(b) Mechanics of notification. A waste oil processor or rerefiner who has not received an identification number may obtain one by notifying the regional administrator of the waste oil activity by submitting one of the following:
(1) A completed EPA form 8700-12 (to obtain EPA form 8700-12, call RCRA/Superfund hotline at (800) 424-9346 or (703) 920-9810).
(2) A letter requesting an identification number. Call RCRA/Superfund hotline to determine where to send a letter requesting an identification number. The letter should include the following information:
(i) The processor or rerefiner company name.
(ii) The owner of the processor or rerefiner company.
(iii) The mailing address for the processor or rerefiner.
(iv) The name and telephone number for the processor or rerefiner point of contact.
(v) The type of waste oil activity-for example, process only, process and rerefine.
This section cited in 25 Pa. Code § 298.55 (relating to analysis plan).
§ 298.54. Waste oil management.
(a) Management units. Waste oil processor/rerefiners may not store waste oil in units other than tanks, containers, or units subject to regulation under Chapters 264a or 265a (relating to owners and operators of hazardous waste treatment, storage and disposal facilities; and interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
(b) Condition of units. A container or aboveground tank used to store or process waste oil at waste oil processing and rerefining facilities shall meet the following conditions:
(1) Be in good condition. For example, containers and aboveground storage tanks may not exhibit severe rusting, apparent structural defects or deterioration.
(2) Not leaking (no visible leaks).
(c) Secondary containment for containers. A container used to store or process waste oil at waste oil processing and rerefining facilities shall be equipped with a secondary containment system.
(1) The secondary containment system shall consist of one of the following:
(i) Dikes, berms or retaining walls and a floor. The floor shall cover the entire area within the dike, berm or retaining wall.
(ii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, shall be sufficiently impervious to the migration of waste oil to prevent any waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.
(d) Additional requirements for containers. The total container height of a group of containers may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which ensures access for purposes of inspection, containment and remedial action with emergency vehicles and equipment.
(e) Additional requirements for storage tanks. Storage tanks used to store waste oil shall be designed and operated in accordance with § 299.122(b) (relating to storage tanks). For existing aboveground storage tanks, an alternative design to secondary containment may be demonstrated where the tank meets the ground.
(f) Labels.
(1) Except as provided in paragraphs (2) and (3), a container or aboveground tank used to store waste oil at processing and rerefining facilities shall be labeled or marked clearly with the words waste oil by no later than December 2, 2001.
(2) Containers or aboveground storage tanks which are labeled or marked with the words used oil on June 2, 2001, shall be labeled or marked with the words waste oil by no later than June 2, 2003.
(3) Containers used in transportation may be labeled or marked with the words used oil, instead of waste oil, or the words required by a receiving state if the containers and vehicles are destined for recycling or disposal outside of this Commonwealth. If a person accepts waste oil from or delivers waste oil to a generator, transfer facility, or processor/rerefiner in pennsylvania in a container used in transportation, paragraph (1) or (2) shall be met.
(4) Fill pipes used to transfer waste oil into underground storage tanks at processing or rerefining facilities shall be labeled or marked clearly with the words waste oil by no later than December 2, 2001. Fill pipes which are labeled or marked with the words used oil on June 2, 2001, shall be labeled or marked with the words waste oil by no later than June 2, 2003.
(g) Response to releases. Upon detection of a release of waste oil to the environment not subject to Chapter 245, Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) which has occurred after June 2, 2001. An owner or operator shall perform the following cleanup steps:
(1) Stop the release.
(2) Contain the released waste oil.
(3) Clean up and properly manage the released waste oil and other materials.
(4) If necessary, repair or replace any leaking waste oil storage containers or tanks prior to returning them to service.
(h) Closure.
(1) Aboveground storage tanks. The owner and operator who stores or processes waste oil in an aboveground tank shall comply with the following requirements:
(i) At closure of a tank system, the owner or operator shall remove or decontaminate waste oil residues in tanks, contaminated containment system components, contaminated soils and structures and equipment contaminated with waste oil, and manage them as hazardous waste, unless the materials are not hazardous waste under this chapter.
(ii) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (i)(1)(i), the owner or operator shall close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements that apply to hazardous waste landfills. (See 40 CFR 265.310 (relating to closure and post-closure care), incorporated by reference in § 265a.1 (relating to incorporation by reference, purpose, scope and applicability).
(2) Containers. An owner or operator who store waste oil in containers shall comply with the following requirements:
(i) At closure, containers holding waste oils or residues of waste oil shall be removed from the site.
(ii) The owner or operator shall remove or decontaminate waste oil residues, contaminated containment system components, contaminated soils and structures and equipment contaminated with waste oil, and manage them as hazardous waste, unless the materials are not hazardous waste under Chapter 261a (relating to identification and listing of hazardous waste).
(i) Additional requirements. In addition to the requirements of this subchapter, waste oil processor/rerefiners are subject to all applicable spill prevention, control and countermeasures (40 CFR Part 112), 40 CFR Part 264, Subparts C and D (relating to preparedness and prevention; and contingency plan and emergency procedures), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and modified in § 264a.56 (relating to emergency procedures). In addition to the requirements of this subchapter, a waste oil processor/rerefiner is also subject to the underground storage tank standards in Chapter 245 (relating to administration of the storage tank and spill prevention program) for waste oil stored in underground storage tanks whether or not the waste oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subchapter.
§ 298.55. Analysis plan.
The owner or operator of a waste oil processing or rerefining facility shall develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of § 298.53 (relating to rebuttable presumption for waste oil and flashpoint screening) and, if applicable, § 298.72 (relating to on-specification waste oil fuel). The owner or operator shall keep the plan at the facility.
(1) Rebuttable presumption for waste oil and flash point screening in § 298.53. At a minimum, the plan shall specify the following:
(i) Whether sample analyses or knowledge of the halogen content of the waste oil will be used to make this determination.
(ii) If sample analyses are used to make this determination:
(A) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:
(I) One of the sampling methods in 40 CFR Part 261, Appendix I (relating to representative sampling methods) incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope).
(II) A method shown to be equivalent under 40 CFR 260.20 and 260.21 (relating to general; and petitions for equivalent testing or analytical methods), incorporated by reference in § 260a.1 (relating to incorporated by reference, purpose, scope and applicablity).
(B) The frequency of sampling to be performed, and whether the analysis will be performed onsite or offsite.
(C) The methods used to analyze waste oil for the parameters specified in § 298.53.
(iii) The type of information that will be used to determine the halogen content of the waste oil.
(2) On-specification waste oil fuel in § 298.72. At a minimum, the plan shall specify the following if § 298.72 applies:
(i) Whether sample analyses or other information will be used to make this determination.
(ii) If sample analyses are used to make this determination:
(A) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using one of the following:
(I) One of the sampling methods in 40 CFR Part 261, Appendix I, incorporated by reference in § 261a.1.
(II) A method shown to be equivalent under 40 CFR 260.20 and 260.21 incorporated by reference in § 260a.1.
(B) Whether waste oil will be sampled and analyzed prior to or after any waste oil processing/rerefining.
(C) The frequency of sampling to be performed and whether the analysis will be performed onsite or offsite.
(D) The methods used to analyze waste oil for the parameters specified in § 298.72.
(iii) The type of information that will be used to make the onspecification waste oil fuel determination.
§ 298.56. Tracking.
(a) Acceptance. A waste oil processor/rerefiner shall keep a record of each waste oil shipment accepted for waste oil processing/rerefining. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:
(1) The name and address of the transporter who delivered the waste oil to the processor/rerefiner.
(2) The name and address of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent for waste oil processing/rerefining.
(3) The identification number of the transporter who delivered the waste oil to the processor/rerefiner.
(4) The identification number (if applicable) of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent for waste oil processing/rerefining.
(5) The quantity of waste oil accepted.
(6) The date of acceptance.
(b) Delivery. A waste oil processor/rerefiner shall keep a record of each shipment of waste oil that is shipped to a waste oil burner, processor/rerefiner, transfer facility or disposal facility. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:
(1) The name and address of the transporter who delivers the waste oil to the burner, processor/rerefiner, transfer facility or disposal facility.
(2) the name and address of the burner, processor/rerefiner, transfer facility or disposal facility who will receive the waste oil.
(3) The identification number of the transporter who delivers the waste oil to the burner, transfer facility, processor/rerefiner or disposal facility.
(4) The identification number of the burner, processor/rerefiner, transfer facility or disposal facility who will receive the waste oil.
(5) The quantity of waste oil shipped.
(6) The date of shipment.
(c) Record retention. The records described in subsections (a) and (b) shall be maintained for at least 3 years.
§ 298.57. Operating record and reporting.
(a) Operating record.
(1) The owner or operator shall keep a written operating record at the facility.
(2) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(i) Records and results of waste oil analysis performed as described in the analysis plan required under § 298.55 (relating to analysis plan).
(ii) Summary reports and details of all incidents that require implementation of the contingency plan as specified in § 298.52(b) (relating to general facility standards).
(b) Reporting. A waste oil processor/rerefiner shall report to the Department in the form of a letter, on a biennial basis (by March 1 of each even numbered year), the following information concerning waste oil activities during the previous calendar year:
(1) The identification number, name, and address of the processor/rerefiner.
(2) The calendar year covered by the report.
(3) The quantities of waste oil accepted for waste oil processing/rerefining and the manner in which the waste oil is processed/rerefined, including the specific processes employed.
§ 298.58. Offsite shipments of waste oil.
A waste oil processor/rerefiner who initiates shipments of waste oil offsite shall ship the waste oil using a waste oil transporter who has obtained an identification number.
§ 298.59. Management of waste.
An owner or operator of waste oil processing/rerefining facilities who generates waste from the storage, waste oil processing or rerefining of waste oil shall manage the wastes from its operations as specified in § 298.10(e) (relating to materials derived from waste oil).
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