---
kind: "section"
citation: "40 C.F.R. § 279.70"
title: "40"
number: "279.70"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/279.70"
---

# §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
  - (2) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in [§ 279.11](/cfr/40/279.11.md).
- (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 incidentally 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 [§ 279.11](/cfr/40/279.11.md).
- (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.

## Notes

### 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]