[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: 40CFR279.40]

[Page 443-444]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
  Subpart E--Standards for Used Oil Transporter and Transfer Facilities
 
Sec. 279.40  Applicability.


    (a) General. Except as provided in paragraphs (a)(1) through (a)(4) 
of this section, this subpart applies to all used oil transporters. Used 
oil transporters are persons who transport used oil, persons who collect 
used oil from more than one generator and transport the collected oil, 
and owners and operators of used oil transfer facilities.
    (1) This subpart does not apply to on-site transportation.
    (2) This subpart does not apply to generators who transport 
shipments of used oil totalling 55 gallons or less from the generator to 
a used oil collection center as specified in Sec. 279.24(a).
    (3) This subpart does not apply to generators who transport 
shipments of used oil totalling 55 gallons or less from the generator to 
a used oil aggregation point owned or operated by the same generator as 
specified in Sec. 279.24(b).
    (4) This subpart does not apply to transportation of used oil from 
household do-it-yourselfers to a regulated used oil generator, 
collection center, aggregation point, processor/re-refiner, or burner 
subject to the requirements of this part. Except as provided in 
paragraphs (a)(1) through (a)(3) of this section, this subpart does, 
however, apply to transportation of collected household do-it-yourselfer 
used oil from regulated used oil generators, collection centers, 
aggregation points, or other facilities where household do-it-yourselfer 
used oil is collected.
    (b) Imports and exports. Transporters who import used oil from 
abroad or export used oil outside of the United States are subject to 
the requirements of this subpart from the time the used oil enters and 
until the time it exits the United States.
    (c) Trucks used to transport hazardous waste. Unless trucks 
previously used to transport hazardous waste are emptied as described in 
Sec. 261.7 of this chapter

[[Page 444]]

prior to transporting used oil, the used oil is considered to have been 
mixed with the hazardous waste and must be managed as hazardous waste 
unless, under the provisions of Sec. 279.10(b), the hazardous waste/used 
oil mixture is determined not to be hazardous waste.
    (d) Other applicable provisions. Used oil transporters who conduct 
the following activities are also subject to other applicable provisions 
of this part as indicated in paragraphs (d)(1) through (5) of this 
section:
    (1) Transporters who generate used oil must also comply with subpart 
C of this part;
    (2) Transporters who process or re-refine used oil, except as 
provided in Sec. 279.41, must also comply with subpart F of this part;
    (3) Transporters who burn off-specification used oil for energy 
recovery must also comply with subpart G of this part;
    (4) Transporters 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; and
    (5) Transporters 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 58 FR 26425, May 3, 1993]