[Code of Federal Regulations] [Title 40, Volume 26] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR279.1] [Page 437-439] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 279_STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents Subpart A_Definitions Sec. 279.1 Definitions. Subpart A_Definitions Sec. 279.1 Definitions. Subpart B_Applicability 279.10 Applicability. 279.11 Used oil specifications. 279.12 Prohibitions. Subpart C_Standards for Used Oil Generators 279.20 Applicability. 279.21 Hazardous waste mixing. 279.22 Used oil storage. 279.23 On-site burning in space heaters. 279.24 Off-site shipments. Subpart D_Standards for Used Oil Collection Centers and Aggregation Points 279.30 Do-it-yourselfer used oil collection centers. 279.31 Used oil collection centers. 279.32 Used oil aggregate points owned by the generator. Subpart E_Standards for Used Oil Transporter and Transfer Facilities 279.40 Applicability. 279.41 Restrictions on transporters who are not also processors or re- refiners. 279.42 Notification. 279.43 Used oil transportation. 279.44 Rebuttable presumption for used oil. 279.45 Used oil storage at transfer facilities. 279.46 Tracking. 279.47 Management of residues. Subpart F_Standards for Used Oil Processors and Re-Refiners 279.50 Applicability. 279.51 Notification. 279.52 General facility standards. 279.53 Rebuttable presumption for used oil. 279.54 Used oil management. 279.55 Analysis plan. 279.56 Tracking. 279.57 Operating record and reporting. 279.58 Off-site shipments of used oil. [[Page 438]] 279.59 Management of residues. Subpart G_Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery 279.60 Applicability. 279.61 Restrictions on burning. 279.62 Notification. 279.63 Rebuttable presumption for used oil. 279.64 Used oil storage. 279.65 Tracking. 279.66 Notices. 279.67 Management of residues. Subpart H_Standards for Used Oil Fuel Marketers 279.70 Applicability. 279.71 Prohibitions. 279.72 On-specification used oil fuel. 279.73 Notification. 279.74 Tracking. 279.75 Notices. Subpart I_Standards for Use as a Dust Suppressant and Disposal of Used Oil 279.80 Applicability. 279.81 Disposal. 279.82 Use as a dust suppressant. Authority: Sections 1006, 2002(a), 3001 through 3007, 3010, 3014, and 7004 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and 9614(c)). Source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted. Terms that are defined in Sec. Sec. 260.10, 261.1, and 280.12 of this chapter have the same meanings when used in this part. Aboveground tank means a tank used to store or process used oil that is not an underground storage tank as defined in Sec. 280.12 of this chapter. Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. Do-it-yourselfer used oil collection center means any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers. Existing tank means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to the effective date of the authorized used oil program for the State in which the tank is located. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either (1) A continuous on-site installation program has begun, or (2) The owner or operator has entered into contractual obligations-- which cannot be canceled or modified without substantial loss--for installation of the tank to be completed within a reasonable time. Household ``do-it-yourselfer'' used oil means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles. Household ``do-it-yourselfer'' used oil generator means an individual who generates household ``do-it-yourselfer'' used oil. New tank means a tank that will be used to store or process used oil and for which installation has commenced after the effective date of the authorized used oil program for the State in which the tank is located. Petroleum refining facility means an establishment primarily engaged in producing gasoline, kerosine, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes (i.e., facilities classified as SIC 2911). Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining. Re-refining distillation bottoms means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock. [[Page 439]] Tank means any stationary device, designed to contain an accumulation of used oil which is constructed primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic) which provides structural support. Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. Used oil aggregation point means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers. Used oil burner means a facility where used oil not meeting the specification requirements in Sec. 279.11 is burned for energy recovery in devices identified in Sec. 279.61(a). Used oil collection center means any site or facility that is registered/licensed/permitted/recognized by a state/county/municipal government to manage used oil and accepts/aggregates and stores used oil collected from used oil generators regulated under subpart C of this part who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of Sec. 279.24. Used oil collection centers may also accept used oil from household do-it- yourselfers. Used oil fuel marketer means any person who conducts either of the following activities: (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 of this part. Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. Used oil processor/re-refiner means a facility that processes used oil. Used oil transfer facility means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to Sec. 279.20(b)(2). Transfer facilities that store used oil for more than 35 days are subject to regulation under subpart F of this part. Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel. [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 FR 10559, Mar. 4, 1994]