§279.70. Applicability.
40 C.F.R. § 279.70
Any person who conducts either of the following activities is subject to the requirements of this subpart:
Directs a shipment of off-specification used oil from their facility to a used oil burner; or
First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11.
The following persons are not marketers subject to this subpart—
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 incidentally burn used oil are not marketers subject to this Subpart;
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 § 279.11.
Any person subject to the requirements of this Subpart must also comply with one of the following:
Subpart C of this part— Standards for Used Oil Generators;
Subpart E of this part— Standards for Used Oil Transporters and Transfer Facilities;
Subpart F of this part— Standards for Used Oil Processors and Re-refiners; or
Subpart G of this part— Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery.
Notes, amendments, and revision history
Amendments
[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 71 FR 40280, July 14, 2006]
Authority
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
Source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted.
Amendments
[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 71 FR 40280, July 14, 2006]