[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR279.20]



[Page 482-483]

 

                   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



[[Page 483]]



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 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]