Current through Register Vol. 54, No.43, October 26, 2024
Section 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. This section cited in 25 Pa. Code § 252.6 (relating to accreditation-by-rule); and 25 Pa. Code § 298.45 (relating to waste oil storage at transfer facility).