Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

25 Pa. Code § 298.21. Hazardous waste mixing.

§ 298.21. Hazardous waste mixing.

 (a)  A mixture of waste oil and hazardous waste shall be managed in accordance with §  298.10(b) (relating to applicability).

 (b)  The rebuttable presumption for waste oil of §  298.10(b)(1)(ii) applies to waste oil managed by generators. Under the rebuttable presumption for waste oil of §  298.10(b)(1)(ii), waste oil containing greater than 1,000 parts per million total halogens is presumed to be a hazardous waste and shall be managed as hazardous waste and not as waste oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils/fluids and certain waste oils removed from refrigeration units, as provided for in §  298.10(b)(1)(ii)(A) and (B).

 (c)  A generator shall perform a hazardous waste determination on any hazardous waste generated prior to mixing with waste oil and on the resultant mixture.

 (d)  If a generator rebuts the presumption in accordance with §  298.10(b)(1)(ii), the generator shall provide all information used to rebut the presumption to the transporter.

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