Applicability

Section 739 Section 739.150  Applicability a)         The requirements of this Subpart F apply to owners and operators of facilities that process used oil.  Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products.  Processing includes, but is not limited to the following:  blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation, and re-refining.  The requirements of this Subpart F do not apply to the following: 1)         A transporter that conducts incidental processing operations that occur during the normal course of transportation, as provided in Section 739.141; or 2)         A burner that conducts incidental processing operations that occur during the normal course of used oil management prior to burning, as provided in Section 739.161(b). b)         Other Applicable Provisions.  A used oil processor that conducts the following activities are also subject to the requirements of other applicable provisions of this Part, as indicated in subsections (b)(1) through (b)(5). 1)         A processor that generates used oil must also comply with Subpart C; 2)         A processor that transports used oil must also comply with Subpart E; 3)         Except as provided in subsections (b)(3)(A) and (b)(3)(B), a processor that burns off-specification used oil for energy recovery must also comply with Subpart G.  Processors burning used oil for energy recovery under the following conditions are not subject to Subpart G: A)        The used oil is burned in an on-site space heater that meets the requirements of Section 739.123; or B)        The used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing; 4)         A processor that directs shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Section 739.111 must also comply with Subpart H; and 5)         A processor that disposes of used oil also must comply with Subpart I.