Section 329IAC13-4-1. Applicability

   (a) Except as provided in this section, this rule applies to all used oil generators. A used oil generator is any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. This rule does not apply to the following:

(1) Household do-it-yourselfer used oil generators are not subject to regulation under this article.

(2) Vessels at sea or at port are not subject to this rule. For purposes of this rule, used oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the person or persons removing or accepting used oil from the vessel are co-generators of the used oil and are both responsible for managing the waste in compliance with this rule once the used oil is transported ashore. The co-generators may decide among them which party will fulfill the requirements of this rule.

(3) Mixtures of used oil and diesel fuel mixed by the generator of the used oil for use in the generator's own vehicles are not subject to this article once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil fuel is subject to the requirements of this rule.

(4) Farmers who generate an average of twenty-five (25) gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements of this article.

  (b) Used oil generators who conduct the following activities are subject to the requirements of other applicable provisions of this article:

(1) Generators who transport used oil, except under the self-transport provisions of section 5(1) and 5(2) of this rule, must also comply with 329 IAC 13-6.

(2) Except as provided in subdivision (3), generators who process or re-refine used oil must also comply with 329 IAC 13-7.

(3) Generators who perform any of the following activities are not processors provided that the used oil is generated on-site and is not being sent off-site to a burner of on-specification or off-specification used oil fuel:

(A) Filtering, cleaning, or otherwise reconditioning used oil before returning it for reuse by the generator.

(B) Separating used oil from wastewater generated on-site to make the wastewater acceptable for discharge or reuse under Section 402 or 307(b) of the Clean Water Act or other applicable federal or state regulations governing the management or discharge of wastewaters.

(C) Using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation.

(D) Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible under 329 IAC 13-3-1(c).

(E) Filtering, separating, or otherwise reconditioning used oil before burning it in a space heater under section 4 of this rule.

(4) Generators who burn off-specification used oil for energy recovery, except under the on-site space heater provisions of section 4 of this rule, must also comply with 329 IAC 13-8.

(5) Generators who direct 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 329 IAC 13-3-2 must also comply with 329 IAC 13-9.

(6) Generators who dispose of used oil must also comply with 329 IAC 13-10.

(Solid Waste Management Division; 329 IAC 13-4-1; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1496; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)