[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: 40CFR279.70]



[Page 500-501]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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:

    (1) Directs a shipment of off-specification used oil from their 

facility to a used oil burner; or



[[Page 501]]



    (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]