[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: 40CFR279.43]



[Page 487]

 

                   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.  279.43  Used oil transportation.



    (a) Deliveries. A used oil transporter must deliver all used oil 

received to:

    (1) Another used oil transporter, provided that the transporter has 

obtained an EPA identification number;

    (2) A used oil processing/re-refining facility who has obtained an 

EPA identification number;

    (3) An off-specification used oil burner facility who has obtained 

an EPA identification number; or

    (4) An on-specification used oil burner facility.

    (b) DOT Requirements. Used oil transporters must comply with all 

applicable requirements under the U.S. Department of Transportation 

regulations in 49 CFR parts 171 through 180. Persons transporting used 

oil that meets the definition of a hazardous material in 49 CFR 171.8 

must comply with all applicable regulations in 49 CFR parts 171 through 

180.

    (c) Used oil discharges. (1) In the event of a discharge of used oil 

during transportation, the transporter must take appropriate immediate 

action to protect human health and the environment (e.g., notify local 

authorities, dike the discharge area).

    (2) If a discharge of used oil occurs during transportation and an 

official (State or local government or a Federal Agency) acting within 

the scope of official responsibilities determines that immediate removal 

of the used oil is necessary to protect human health or the environment, 

that official may authorize the removal of the used oil by transporters 

who do not have EPA identification numbers.

    (3) An air, rail, highway, or water transporter who has discharged 

used oil must:

    (i) Give notice, if required by 49 CFR 171.15 to the National 

Response Center (800-424-8802 or 202-426-2675); and

    (ii) Report in writing as required by 49 CFR 171.16 to the Director, 

Office of Hazardous Materials Regulations, Materials Transportation 

Bureau, Department of Transportation, Washington, DC 20590.

    (4) A water transporter who has discharged used oil must give notice 

as required by 33 CFR 153.203.

    (5) A transporter must clean up any used oil discharged that occurs 

during transportation or take such action as may be required or approved 

by federal, state, or local officials so that the used oil discharge no 

longer presents a hazard to human health or the environment.



[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]