Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 298 - MANAGEMENT OF WASTE OIL › Subchapter B - APPLICABILITY › Section 298.10 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Waste
						oil
. It is presumed that waste oil is to be recycled unless a waste
						oil handler disposes of waste oil, or sends waste oil for disposal. Except as
						provided in §
												298.11 (relating to waste oil
						specifications), this chapter applies to waste oil and to materials identified
						in this section as being subject to regulation as waste oil whether or not the
						waste oil or material exhibits any characteristics of hazardous waste
						identified in 40 CFR Part 261 , Subpart C (relating to characteristics of
						hazardous waste), incorporated by reference in §
												261a.1 (relating to incorporation
						by reference, purpose and scope).
(b)
Mixtures of waste oil and
						hazardous waste
.
(1)
Listed
						hazardous waste
.
(i)
Mixtures of waste oil
. Mixtures of waste oil and hazardous
						waste that are listed in 40 CFR Part 261 , Subpart D (relating to lists of
						hazardous waste), incorporated by reference in §
														261a.1, are subject to regulation
						as hazardous waste under Chapters 260a-266a and Chapter 270a rather than as
						waste oil under this chapter.
(ii)
Rebuttable presumption for waste oil
. Waste oil containing
						more than 1,000 parts per million total halogens is presumed to be a hazardous
						waste. A person may rebut this presumption by demonstrating that the waste oil
						does not contain hazardous waste. For example, a person may use 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.
(A) 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 another manner or disposed.
(B) The rebuttable presumption does not apply
						to waste oils contaminated with chlorofluorocarbons (CFCs) removed from
						refrigeration units where the CFCs are destined for reclamation. The rebuttable
						presumption applies to waste oils contaminated with CFCs that have been mixed
						with waste oil from sources other than refrigeration units.