Section 329IAC13-6-4. Used oil transportation

   (a) A used oil transporter must deliver all used oil received to:

(1) another used oil transporter, provided that the transporter has obtained an EPA identification number;

(2) a used oil processing or re-refining facility that has obtained an EPA identification number;

(3) an off-specification used oil burner facility that has obtained an EPA identification number; or

(4) an on-specification used oil burner facility.

  (b) Used oil transporters must comply with all applicable requirements under the U.S. Department of Transportation regulations in 49 CFR 171 through 49 CFR 180. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 must comply with all applicable regulations in 49 CFR 171 through 49 CFR 180.

  (c) Used oil discharges must be handled as follows:

(1) In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment, including:

(A) notifying local authorities; and

(B) diking the discharge area.

(2) If a discharge of used oil occurs during transportation and a government official acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers.

(3) An air, rail, highway, or water transporter who has discharged used oil must do the following:

(A) Give notice, if required by 49 CFR 171.15, to the National Response Center, [phone] or [phone].

(B) Report, in writing, as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, D.C. 20590.

(C) Communicate a spill report in accordance with 327 IAC 2-6.1.

(4) A water transporter who has discharged used oil must give notice as required by 33 CFR 153.203.

(5) A transporter must clean up any used oil discharged that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.

(Solid Waste Management Division; 329 IAC 13-6-4; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1500; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)