[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.70]

[Page 448-449]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
            Subpart H--Standards for Used Oil Fuel Marketers
 
Sec. 279.70  Applicability.


    (a) Any person who conducts either of the following activities is 
subject to the requirements of this subpart:

[[Page 449]]

    (1) Directs a shipment of off-specification used oil from their 
facility to a used oil burner; or
    (2) First claims that used oil that is to be burned for energy 
recovery meets the used oil fuel specifications set forth in 
Sec. 279.11.
    (b) The following persons are not marketers subject to this subpart:
    (1) Used oil generators, and transporters who transport used oil 
received only from generators, unless the generator or transporter 
directs a shipment of off-specification used oil from their facility to 
a used oil burner. However, processors/re-refiners who burn some used 
oil fuel for purposes of processing are considered to be burning 
incidentally to processing. Thus, generators and transporters who direct 
shipments of off-specification used oil to processor/re-refiners who 
incidently burn used oil are not marketers subject to this Subpart;
    (2) Persons who direct shipments of on-specification used oil and 
who are not the first person to claim the oil meets the used oil fuel 
specifications of Sec. 279.11.
    (c) Any person subject to the requirements of this Subpart must also 
comply with one of the following:
    (1) Subpart C of this part--Standards for Used Oil Generators;
    (2) Subpart E of this part--Standards for Used Oil Transporters and 
Transfer Facilities;
    (3) Subpart F of this part--Standards for Used Oil Processors and 
Re-refiners; or
    (4) Subpart G of this part--Standards for Used Oil Burners who Burn 
Off-Specification Used Oil for Energy Recovery.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]