7 Del. Admin. Code § 1302-279-H-279.70

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-279-H-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.

(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.

(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.

7 Del. Admin. Code § 1302-279-H-279.70