329 IAC 13-4-1 - Applicability
Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3
Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23; IC 13-30
Sec. 1.
(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.
Notes
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