R 299.9812 Used oil transporters and transfer facilities; requirements.

Rule 812. (1) The requirements of this rule apply to a used oil transporter unless otherwise specified in subrule (2) of this rule. (2) The requirements of this rule do not apply to any of the following: (a) The onsite transportation of used oil by the generator. (b) A used oil generator that transports shipments of used oil that total 55 gallons or less from the generator to a used oil collection center as specified in the provisions of 40 CFR 279.24(a). (c) A used oil generator that transports shipments of used oil that total 55 gallons or less from the generator to a used oil aggregation point that is owned or operated by the same generator as specified in the provisions of 40 CFR 279.24(b). (d) The transportation of used oil from household do-it-yourselfers to a regulated used oil generator, used oil collection center, used oil aggregation point, processor or rerefiner, or a used oil burner. The exemption does not apply to the transportation of collected household do-it-yourselfer used oil from a used oil generator, used oil collection center, used oil aggregation point, or other facilities where household do-it-yourselfer used oil is collected. (3) A used oil transporter and an owner or operator of a used oil transfer shall comply with the provisions of 40 CFR 279.41, 279.42, 279.43, 279.45, and 279.46, except 279.45(b). (4) A used oil transporter shall ensure that the used oil being transported or stored at a transfer facility is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b). The determination must be made by testing the used oil, applying knowledge of the halogen content of the used oil in light of the materials or processes used, or by obtaining copies of analyses or other information from the generator. Records of the analyses conducted or information used to comply with this subrule must be maintained by the transporter for a period of not less than 3 years. (5) An owner or operator of a used oil transfer facility shall not store used oil in units other than containers or tanks. (6) A used oil transporter that generates residues from the storage or transport of used oil shall manage the residues in accordance with part 111 and these rules. (7) The provisions of 40 CFR 279.24, 279.41, 279.42, 279.43, 279.45, and 279.46, except 279.45(b), are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator," and the term "R 299.9813" replaces the words "subpart F of this chapter."