R 299.9815 Used oil fuel marketers; requirements.

Rule 815. (1) The requirements of this rule apply to a person that conducts either of the following activities: (a) Directs a shipment of off-specification used oil from their facility to a used oil burner. (b) First claims that the used oil that is to be burned for energy recovery meets the used oil specifications of R 299.9809(1)(f). (2) The requirements of this rule do not apply to the following: (a) A used oil generator, and a transporter that transports used oil that is 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. Used oil processors or rerefiners that burn some used oil fuel for processing are considered to be burning incidentally to processing. A used oil generator or transporter that directs shipments of off-specification used oil to used oil processors or rerefiners that incidentally burn used oil is not a used oil fuel marketer subject the requirements of this rule. (b) A person that directs shipments of specification used oil fuel and s not the first person to claim that the used oil meets the used oil specification of R 299.9809(1)(f). (3) A used oil fuel marketer shall comply with all the following requirements: (a) Initiate shipments of off-specification used oil only to a used oil burner that complies with both of the following requirements: (i) Has a site identification number. (ii) Burns the used oil in an industrial furnace or boiler as identified in R 299.9814(3)(a). (b) Determine that the used oil that is to be burned for energy recovery meets the used oil specifications of R 299.9809(1)(f) by performing analyses of the used oil or by obtaining copies of analyses or other information documenting that the used oil meets the specifications. (c) Maintain copies of the analyses of the used oil or other information used to make the determination that the used oil meets the used oil specifications of R 299.9809(1)(f) for a period of 3 years after the determination is made. (d) The provisions of 40 CFR 279.73 and 279.75. (e) Maintain a record of each shipment of off-specification used oil to a used oil burner for a period of not less than 3 years from the date of shipment. The records must take the form of a log, invoice, manifest, bill of lading, or other shipping documents. The records for each shipment must include all the following information: (i) The name, address, and site identification number of the transporter that delivers the used oil to the burner. (ii) The name, address, and site identification number of the burner that will receive the used oil. (iii) The quantity of used oil shipped. (iv) The date of the used oil shipment. (f) Maintain a record of each shipment of specification used oil to the facilities to which the marketer delivers the used oil for a period of not less than 3 years from the date of shipment. The records must take the form of log, invoice, manifest, bill of lading, or other shipping documents. The records for each shipment must include all the following information: (i) The name and address of the facility that receives the shipment. (ii) The quantity of used oil fuel delivered. (iii) The date of the shipment or delivery. (iv) A cross-reference to the record of used oil analysis or other information used to make the determination that the used oil meets the used oil specifications of R 299.9809(1)(f). (4) The provisions of 40 CFR 279.73 and 279.75 are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator."