Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 739 - STANDARDS FOR THE MANAGEMENT OF USED OIL
Subpart C - STANDARDS FOR USED OIL GENERATORS
Section 739.120 - Applicability
Universal Citation: 35 IL Admin Code ยง 739.120
Current through Register Vol. 48, No. 38, September 20, 2024
a) General. This Subpart C applies to all generators of used oil, except the following:
1) Household "Do-It-Yourselfer" Used Oil
Generators. Household "do-it-yourselfer" used oil generators are not subject to
regulation under this Part.
2)
Vessels. Vessels at sea or at port are not subject to this Subpart C. For
purposes of this Subpart C, 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 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 Subpart C once the used oil is
transported ashore. The co-generators may decide among themselves which party
will fulfill the requirements of this Subpart C.
3) Diesel Fuel. 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 Part once the used oil and diesel fuel
have been mixed. Prior to mixing, the used oil fuel is subject to the
requirements of this Subpart C.
4)
Farmers. Farmers who generate an average of 25 gallons (95 l) 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 Part.
b) Other Applicable Provisions. A used oil generator that conducts any of the following activities is subject to the requirements of other applicable provisions, as indicated in subsections (b)(1) through (b)(5):
1) A generator that transports
used oil, except under the self-transport provisions of Section
739.124(a) and
(b), must also comply with Subpart
E.
2) A Generator That Processes or
Re-Refines Used Oil
A) Except as provided in
subsection (b)(2)(B), a generator that processes or re-refines used oil must
also comply with Subpart F.
B) A
generator that performs the following activities is not a used oil processor,
provided that the used oil is generated on-site and is not being sent off-site
to a burner of on- or off-specification used oil fuel:
i) Filtering, cleaning, or otherwise
reconditioning used oil before returning it for reuse by the
generator;
ii) Separating used oil
from wastewater generated on-site to make the wastewater acceptable for
discharge or reuse pursuant to section 402 or 307(b) for the federal Clean
Water Act (
33 USC
1317 or
1342
), 40 CFR 403 through 499, or 35 Ill. Adm. Code 310 or 309, governing the
discharge of wastewaters;
iii)
Using oil mist collectors to remove small droplets of used oil from in-plant
air to make plant air suitable for continued recirculation;
iv) 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 pursuant to Section
739.110(c);
or
v) Filtering, separating, or
otherwise reconditioning used oil before burning it in a space heater pursuant
to Section
739.123.
3) A generator that burns off-specification
used oil for energy recovery, except under the on-site space heater provisions
of Section 739.123, must also comply with Subpart G.
4) A generator that directs shipments of
off-specification used oil from their facility to a used oil burner or first
claims that used oil that is to be burned for energy recovery meets the used
oil fuel specifications set forth in Section
739.111
must also comply with Subpart H.
5)
A generator that disposes of used oil must also comply with Subpart
I.
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