Subchapter H. WASTE OIL FUEL MARKETERS

 (a)  A person who conducts one of the following activities is subject to the requirements of this subchapter:

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

   (2)  First claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in §  298.11 (relating to waste oil specifications).

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

   (1)  Waste oil generators, waste oil transporters and waste oil transfer facilities who transport waste oil received only from waste oil generators, unless the waste oil generator, waste oil transporter or waste oil transfer facility directs a shipment of off-specification waste oil from its facility to a waste oil burner. However, waste oil processors/rerefiners who burn some waste oil fuel for purposes of waste oil processing are considered to be burning incidentally to waste oil processing. Thus, waste oil generators, waste oil transporters and waste oil transfer facilities who direct shipments of off-specification waste oil to waste oil processors/rerefiners who incidentally burn waste oil are not marketers subject to this subchapter.

   (2)  Persons who direct shipments of on-specification waste oil and who are not the first person to claim the oil meets the waste oil fuel specifications of §  298.11.

 (c)  Any person subject to the requirements of this subchapter shall also comply with one of the following:

   (1)  Subchapter C (relating to waste oil generators).

   (2)  Subchapter E (relating to waste oil transporters and transfer facilities).

   (3)  Subchapter F (relating to waste oil processing/rerefining facilities).

 A waste oil fuel marketer may initiate a shipment of off-specification waste oil only to a waste oil burner which:

   (1)  Has an identification number.

 (a)  Analysis of waste oil fuel. A waste oil generator, waste oil transporter, waste oil transfer facility, waste oil processor/rerefiner or waste oil burner may determine that waste oil that is to be burned for energy recovery meets the fuel specifications of §  298.11 (relating to waste oil specifications) by performing analyses or obtaining copies of analyses or other information documenting that the waste oil fuel meets the specifications.

 (b)  Record retention. A waste oil generator, waste oil transporter, waste oil transfer facility, waste oil processor/rerefiner or waste oil burner who first claims that waste oil that is to be burned for energy recovery meets the specifications for waste oil fuel under §  298.11 shall keep copies of analyses of the waste oil (or other information used to make the determination) for 3 years.

 (a)  Identification numbers. A waste oil fuel marketer subject to this subchapter who has not previously obtained an identification number shall comply with these requirements and obtain an EPA identification number.

 (b)  A marketer who has not received an identification number may obtain one by notifying the EPA Regional Administrator of its waste oil activity by submitting one of the following:

   (1)  A completed EPA form 8700-12.

   (2)  A letter requesting an identification number. The letter shall include the following information:

     (i)   The marketer company name.

     (ii)   The owner of the marketer.

     (iii)   The mailing address for the marketer.

     (iv)   The name and telephone number for the marketer point of contact.

     (v)   The type of waste oil activity (for example, generator directing shipments of off-specification waste oil to a burner).

 (a)  Off-specification waste oil delivery. A waste oil marketer who directs a shipment of off-specification waste oil to a burner must keep a record of each shipment of waste oil to a burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:

   (1)  The name and address of the transporter who delivers the waste oil to the burner.

   (2)  The name and address of the burner who will receive the waste oil.

   (3)  The identification number of the transporter who delivers the waste oil to the burner.

   (4)  The identification number of the burner.

   (5)  The quantity of waste oil shipped.

   (6)  The date of shipment.

 (b)  On-specification waste oil delivery. A generator, transporter, transfer facility, processor/rerefiner or burner who first claims that waste oil that is to be burned for energy recovery meets the fuel specifications under §  298.11 (relating to waste oil specifications) shall keep a record of each shipment of waste oil to the facility to which it delivers the waste oil. Records for each shipment shall include the following information:

   (1)  The name and address of the facility receiving the shipment.

   (2)  The quantity of waste oil fuel delivered.

   (3)  The date of shipment or delivery.

   (4)  A cross reference to the record of waste oil analysis or other information used to make the determination that the oil meets the specification as required under §  298.72(a) (relating to on-specification waste oil fuel).

 (c)  Record retention. The records described in subsections (a) and (b) shall be maintained for at least 3 years.

 (a)  Certification. Before a waste oil generator, transporter, transfer facility or processor/rerefiner directs the first shipment of off-specification waste oil fuel to a burner, it shall obtain a one-time written and signed notice from the burner certifying the following:

   (1)  That the burner has notified EPA stating the location and general description of waste oil management activities.

   (2)  That the burner will burn the off-specification waste oil only in an industrial furnace or boiler identified in §  298.61(a) (relating to restrictions on burning).

 (b)  Certification retention. The certification described in subsection (a) shall be maintained for 3 years from the date the last shipment of off-specification waste oil is shipped to the burner.