40 CFR §279.70

1. (a)Any person who conducts either of the following activities is subject to the requirements of this subpart:
   1. (1)Directs a shipment of off-specification used oil from their facility to a used oil burner; or
   2. (2)First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11.
2. (b)The following persons are not marketers subject to this subpart:
   1. (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/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 processor/re-refiners who incidentally burn used oil are not marketers subject to this Subpart;
   2. (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 § 279.11.
3. (c)Any person subject to the requirements of this Subpart must also comply with one of the following:
   1. (1)Subpart C of this part—Standards for Used Oil Generators;
   2. (2)Subpart E of this part—Standards for Used Oil Transporters and Transfer Facilities;
   3. (3)Subpart F of this part—Standards for Used Oil Processors and Re-refiners; or
   4. (4)Subpart G of this part—Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery.