Section 329IAC13-9-1. Applicability

   (a) Any person who conducts either of the following activities is subject to the requirements of this rule:

(1) Directs a shipment of off-specification used oil from their facility to a used oil burner.

(2) First claims 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.

  (b) The following persons are not marketers subject to this rule:

(1) Used oil generators and transporters who transport used oil 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. However, processors and re-refiners who burn some used oil fuel for purposes of processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processors or re-refiners who incidently burn used oil are not marketers subject to this rule.

(2) 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 329 IAC 13-3-2.

  (c) Any person subject to the requirements of this rule must also comply with one (1) of the following:

(1) 329 IAC 13-4, used oil generators.

(2) 329 IAC 13-6, used oil transporters and transfer facilities.

(3) 329 IAC 13-7, used oil processors and re-refiners.

(4) 329 IAC 13-8, used oil burners who burn off-specification used oil for energy recovery.

(Solid Waste Management Division; 329 IAC 13-9-1; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1512; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)