[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.43]

[Page 483-484]
 
                   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 discharge that occurs 
during

[[Page 484]]

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; 71 
FR 40280, July 14, 2006]