Section 329IAC13-6-1. Applicability

   (a) Except as provided in this section, this rule applies to all used oil transporters. Used oil transporters are persons who transport used oil, persons who collect used oil from more than one (1) generator and transport the collected oil, and owners and operators of used oil transfer facilities. This rule does not apply to the following:

(1) On-site transportation.

(2) Generators who transport shipments of used oil totaling fifty-five (55) gallons or less from the generator to a used oil collection center as specified in 329 IAC 13-4-5(1).

(3) Generators who transport shipments of used oil totaling fifty-five (55) gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in 329 IAC 13-4-5(2).

(4) Transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor or re-refiner, or burner subject to the requirements of this article.

Except as provided in this subsection, this rule applies to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected.

  (b) Transporters who import used oil from abroad or export used oil outside of the United States are subject to the requirements of this rule from the time the used oil enters and until the time it exits Indiana.

  (c) Unless trucks previously used to transport hazardous waste are emptied as described in 40 CFR 261.7 prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and must be managed as hazardous waste unless, under the provisions of 329 IAC 13-3-1(b), the hazardous waste and used oil mixture is determined not to be hazardous waste.

  (d) Used oil transporters who conduct the following activities are also subject to other applicable provisions of this article:

(1) Transporters who generate used oil must also comply with 329 IAC 13-4.

(2) Transporters who process or re-refine used oil, except as provided in 329 IAC 13-6-2 [section 2 of this rule], must also comply with 329 IAC 13-7.

(3) Transporters who burn off-specification used oil for energy recovery must also comply with 329 IAC 13-8.

(4) Transporters 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.

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

(Solid Waste Management Division; 329 IAC 13-6-1; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1499; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)