[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.20]

[Page 440-441]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
              Subpart C--Standards for Used Oil Generators
 
Sec. 279.20  Applicability.


    (a) General. Except as provided in paragraphs (a)(1) through (a)(4) 
of this section, this subpart applies to all used oil generators. A used 
oil generator is any person, by site, whose act or process produces used 
oil or whose act first causes used oil to become subject to regulation.
    (1) Household ``do-it-yourselfer'' used oil generators. Household 
``do-it-yourselfer'' used oil generators are not subject to regulation 
under this part.
    (2) Vessels. Vessels at sea or at port are not subject to this 
subpart. For purposes of this subpart, used oil produced on vessels from 
normal shipboard operations is considered to be generated at the time it 
is transported ashore. The owner or operator of the vessel and the 
person(s) removing or accepting used oil from the vessel are co-
generators of the used oil and are both responsible for managing the 
waste in compliance with this subpart once the used oil is transported 
ashore. The co-genenerators may decide among them which party will 
fulfill the requirements of this subpart.
    (3) Diesel fuel. Mixtures of used oil and diesel fuel mixed by the 
generator of the used oil for use in the generator's own vehicles are 
not subject to this part once the used oil and diesel fuel have been 
mixed. Prior to mixing, the used oil fuel is subject to the requirements 
of this subpart.
    (4) Farmers. Farmers who generate an average of 25 gallons per month 
or less of used oil from vehicles or machinery used on the farm in a 
calendar year are

[[Page 441]]

not subject to the requirements of this part.
    (b) Other applicable provisions. Used oil generators who conduct the 
following activities are subject to the requirements of other applicable 
provisions of this part as indicated in paragraphs (b)(1) through (5) of 
this section:
    (1) Generators who transport used oil, except under the self-
transport provisions of Sec. 279.24 (a) and (b), must also comply with 
subpart E of this part.
    (2) (i) Except as provided in paragraph (b)(2)(ii) of this section, 
generators who process or re-refine used oil must also comply with 
subpart F of this part.
    (ii) Generators who perform the following activities are not 
processors provided that the used oil is generated on-site and is not 
being sent off-site to a burner of on- or off-specification used oil 
fuel.
    (A) Filtering, cleaning, or otherwise reconditioning used oil before 
returning it for reuse by the generator;
    (B) Separating used oil from wastewater generated on-site to make 
the wastewater acceptable for discharge or reuse pursuant to section 402 
or section 307(b) of the Clean Water Act or other applicable Federal or 
state regulations governing the management or discharge of wastewaters;
    (C) Using oil mist collectors to remove small droplets of used oil 
from in-plant air to make plant air suitable for continued 
recirculation;
    (D) Draining or otherwise removing used oil from materials 
containing or otherwise contaminated with used oil in order to remove 
excessive oil to the extent possible pursuant to Sec. 279.10(c); or
    (E) Filtering, separating or otherwise reconditioning used oil 
before burning it in a space heater pursuant to Sec. 279.23.
    (3) Generators who burn off-specification used oil for energy 
recovery, except under the on-site space heater provisions of 
Sec. 279.23, must also comply with subpart G of this part.
    (4) Generators who direct shipments of off-specification used oil 
from their facility to a used oil burner or first claim that used oil 
that is to be burned for energy recovery meets the used oil fuel 
specifications set forth in Sec. 279.11 must also comply with subpart H 
of this part.
    (5) Generators who dispose of used oil, including the use of used 
oil as a dust suppressant, must also comply with subpart I of this part.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]