Section 298.70. Applicability

(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).

(4) Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy recovery).