1. (1) Any person who conducts either of the following activities is subject to the requirements of this subdivision:

   1. (i) directs a shipment of off-specification used oil from their facility to a used oil burner; or
   2. (ii) first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 374-2.2(b)(1) of this Subpart.

2. (2) The following persons are not marketers subject to this section:

   1. (i) used oil generators, transfer facilities, and transporters who transport used oil received only from generators, unless the generator, transfer facility, 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. Generators, transfer facilities, and transporters who direct shipments of off-specification used oil to processors/re-refiners who incidentally burn used oil are not marketers subject to this section;
   2. (ii) 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 section 374-2.2(b)(1) of this Title.

3. (3) Any person subject to the requirements of this section must also comply with one of the following:

   1. (i) section 374-2.3 of this Subpart - Standards for used oil generators;
   2. (ii) section 374-2.5 of this Subpart - Standards for used oil transporters and transfer facilities;
   3. (iii) section 374-2.6 of this Subpart - Standards for used oil processors and re-refiners; or

   4. (iv) section 374-2.7 of this Subpart - Standards for used oil burners who burn off-specification used oil for energy recovery.

      (b) Prohibitions.

      No used oil fuel marketer shall initiate a shipment of off-specification used oil to anyone other than a used oil burner who:

4. (1) has an EPA identification number; and

5. (2) burns the used oil in an industrial furnace or boiler identified in section 374-2.7(b)(1) of this Subpart.

   (c) On-specification used oil fuel.

6. (1) Analysis of used oil fuel. A generator, transporter, transfer facility, processor/re-refiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of section 374-2.2(b)(1) of this Subpart by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications.

7. (2) Record retention. A generator, transporter, transfer facility, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under section 374-2.2(b)(1) of this Subpart, must keep copies of analyses of the used oil (or other information used to make the determination) for seven years.

   (d) Notification.

8. (1) Identification numbers. A used oil fuel marketer subject to the requirements of this section who has not previously complied with the notification requirements of RCRA 3010 must comply with these requirements and obtain an EPA identification number.

9. (2) Used oil fuel marketers who have not received an EPA identification number may obtain one by notifying the EPA regional administrator of their used oil activity by submitting either:

   1. (i) a completed EPA Form 8700-12 (EPA Form 8700-12 is available at the EPA website, http://www.epa.gov); or

   2. (ii) a letter requesting an EPA identification number. The letter must include the following information:

      1. (a) marketer company name;
      2. (b) owner of the marketer;
      3. (c) mailing address for the marketer;
      4. (d) name and telephone number for the marketer point of contact; and

      5. (e) type of used oil activity (i.e., generator directing shipments of off-specification used oil to a burner).

         (e) Tracking.

10. (1) Off-specification used oil delivery. Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information:

    1. (i) the name and address of the transporter who delivers the used oil to the burner;
    2. (ii) the name and address of the burner who will receive the used oil;
    3. (iii) the EPA identification number of the transporter who delivers the used oil to the burner;
    4. (iv) the EPA identification number of the burner;
    5. (v) the quantity of used oil shipped; and
    6. (vi) the date of shipment.

11. (2) On-specification used oil delivery. A generator, transporter, transfer facility, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under section 374-2.2(b)(1) of this Subpart must keep a record of each shipment of used oil to the facility to which it delivers the used oil. Records for each shipment must include the following information:

    1. (i) the name and address of the facility receiving the shipment;
    2. (ii) the quantity of used oil fuel delivered;
    3. (iii) the date of shipment or delivery; and
    4. (iv) a cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under paragraph (c)(1) of this section.

12. (3) Record retention. The records described in paragraphs (1) and (2) of this subdivision must be maintained for at least seven years.

    (f) Notices.

13. (1) Certification. Before a used oil generator, transporter, transfer facility, or processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, he or she must obtain a one-time written and signed notice from the burner certifying that:

    1. (i) the burner has notified the department and the EPA stating the location and general description of used oil management activities; and
    2. (ii) the burner will burn the off-specification used oil only in an industrial furnace or boiler identified in section 374-2.7(b)(1) of this Subpart.
14. (2) Certification retention. The certification described in paragraph (1) of this subdivision must be maintained for seven years from the date the last shipment of off-specification used oil is shipped to the burner.

(a) Applicability.