Subchapter G. WASTE OIL BURNERS WHO BURN OFF-SPECIFICATION WASTE OIL FOR ENERGY RECOVERY
Sec.
298.60. Applicability.
298.61. Restrictions on burning.
298.62. Notification.
298.63. Rebuttable presumption for waste oil.
298.64. Waste oil storage.
298.65. Tracking.
298.66. Notices.
298.67. 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 § 298.50 (relating to applicability); and 25 Pa. Code § 298.70 (relating to applicability).
§ 298.60. Applicability.
(a) General. This subchapter applies to waste oil burners except as specified in paragraphs (1) and (2). A waste oil burner is a facility where waste oil not meeting the specification requirements in § 298.11 (relating to waste oil specifications) is burned for energy recovery in devices identified in § 298.61(a) (relating to restrictions on burning). A waste oil burner who complies with this subchapter is deemed to have a solid waste permit for the burning of that waste oil. The Department may require a waste oil burner subject to permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the waste oil burner 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. Facilities burning waste oil for energy recovery under one or more of the following conditions are not subject to this subchapter:
(1) The waste oil is burned by the generator in an onsite space heater under the provisions of § 298.23 (relating to onsite burning in space heaters).
(2) The waste oil is burned by a processor/rerefiner for purposes of processing waste oil which is considered burning incidentally to waste oil processing.
(b) Other applicable provisions. A waste oil burner who conducts the following activities is also subject to other applicable provisions of this chapter as follows:
(1) A burner who generates waste oil shall also comply with Subchapter C (relating to waste oil generators).
(2) A burner who transports waste oil shall also comply with Subchapter E (relating to waste oil transporters and transfer facilities).
(3) Except as provided in § 298.61(b), a burner who processes or rerefines waste oil shall also comply with Subchapter F (relating to waste oil processing/rerefining facilities).
(4) A burner 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 shall also comply with Subchapter H (relating to waste oil fuel marketers).
(5) A burner shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste management; and residual waste management).
(c) Specification fuel. This subchapter does not apply to a person burning waste oil that meets the waste oil fuel specification of § 298.11, if the burner complies with Subchapter H.
§ 298.61. Restrictions on burning.
(a) Off-specification waste oil fuel may be burned for energy recovery in only the following devices:
(1) An industrial furnace identified in 40 CFR 260.10 (relating to definitions), incorporated by reference in § 260a.1 (relating to incorporation by reference, purpose, scope and applicability).
(2) A boiler, as defined in 40 CFR 260.10, incorporated by reference in § 260a.1 that is identified as follows:
(i) An industrial boiler located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.
(ii) A utility boiler used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.
(iii) A waste oil-fired space heater if the burner meets the provisions of § 298.23 (relating to onsite burning in space heaters).
(3) A hazardous waste incinerator subject to 40 CFR Part 264, Subpart O (relating to incinerators), incorporated in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), or 40 CFR Part 265, Subpart O (relating to incinerator), incorporated by reference in § 265a.1 (relating to incorporation by reference, purpose, scope and applicability).
(b) A person burning waste oil in a boiler or industrial furnace specified in paragraph (1) or (2) shall have a plan approval and operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources) from the Bureau of Air Quality, or written approval from the Bureau of Air Quality if the fuel is burned in Allegheny or Philadelphia counties if Allegheny or Philadelphia county is issued first.
(c) Except as provided in subsection (d), a waste oil burner may not process waste oil unless it also complies with the requirements of Subchapter F (relating to waste oil processing/refining facilities).
(d) A waste oil burner may aggregate off-specification waste oil with virgin oil or on-specification waste oil for purposes of burning, but may not aggregate for purposes of producing on-specification waste oil.
Cross References This section cited in 25 Pa. Code § 298.1 (relating to definitions); 25 Pa. Code § 298.60 (relating to applicability); 25 Pa. Code § 298.66 (relating to notices); 25 Pa. Code § 298.72 (relating to prohibitions); and 25 Pa. Code § 298.75 (relating to notices).
§ 298.62. Notification.
(a) Identification numbers. A waste oil burner which has not previously complied with the notification requirements of 40 CFR 264.11 (relating to identification number), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and 40 CFR 265.11 (relating to identification number), incorporated by reference in § 265a.1 (relating to incorporation by reference, purpose, scope and applicability), shall comply with these requirements and obtain an EPA identification number.
(b) Mechanics of notification. A waste oil burner who has not received an identification number may obtain one by notifying the regional administrator of their 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. A burner may call the RCRA/Superfund hotline to determine where to send a letter requesting an identification number. The letter should include the following information:
(i) The burner company name.
(ii) The owner of the burner company.
(iii) The mailing address for the burner.
(iv) The name and telephone number for the burner point of contact.
(v) The type of waste oil activity.
(vi) The location of the burner facility.
§ 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.
§ 298.64. Waste oil storage.
(a) Storage units. A waste oil burner may not store waste oil in units other than tanks, containers or units subject to regulation under Chapter 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. Containers and aboveground storage tanks used to store oil at burner facilities shall meet the following conditions:
(1) Be in good condition. For example, containers and aboveground storage tanks shall 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 waste oil at burner 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 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 paragraph (2), a container or aboveground tank used to store waste oil at burner 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) Fill pipes used to transfer waste oil into underground storage tanks at burner 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, a burner 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) Repair or replace any leaking waste oil storage containers or tanks prior to returning them to service, if necessary.
(h) In addition to the requirements of this subchapter, a waste oil burner 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. Waste oil burners are subject to all applicable spill prevention, control and countermeasures (40 CFR Part 112 (relating to oil pollution prevention)) in addition to the requirements of this subchapter. A waste oil burner is also subject to the underground storage tank standards for waste oil stored in underground storage tanks in Chapter 245 (relating to administration of the storage tank and spill prevention program) whether or not the waste oil exhibits any characteristics of hazardous waste.
§ 298.65. Tracking.
(a) Acceptance. A waste oil burner shall keep a record of each waste oil shipment accepted for burning. 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 burner.
(2) The name and address of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent to the burner.
(3) The identification number of the transporter who delivered the waste oil to the burner.
(4) The identification number (if applicable) of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent to the burner.
(5) The quantity of waste oil accepted.
(6) The date of acceptance.
(b) Record retention. The records described in subsection (a) shall be maintained for at least 3 years.
§ 298.66. Notices.
(a) Certification. Before a burner accepts the first shipment of off-specification waste oil fuel from a generator, transporter, transfer facility or processor/rerefiner, the burner shall provide to the generator, transporter, transfer facility or processor/rerefiner a one-time written and signed notice certifying the following:
(1) The burner has notified EPA stating the location and general description of its waste oil management activities.
(2) The burner will burn the waste oil only in an industrial furnace or boiler identified in § 298.61(a) (relating to restrictions on burning).
(b) Certification retention. The certification described in subsection (a) shall be maintained for 3 years from the date the burner last receives shipment of off-specification waste oil from that generator, transporter, transfer facility or processor/rerefiner.
§ 298.67. Management of waste.
A burner who generates waste from the storage or burning of waste oil shall manage the waste as specified in § 298.10(e) (relating to applicability).
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