Section 739.140  Applicability

a)         General.  Except as provided in subsections (a)(1) through (a)(4), this Subpart E applies to all used oil transporters.  A used oil transporter is a person that transports used oil, a person that collects used oil from more than one generator and transport the collected oil, and an owner or operator of a used oil transfer facility.

1)         This Subpart E does not apply to on-site transportation.

2)         This Subpart E does not apply to a generator that transports shipments of used oil totaling 55 gallons (208 ℓ) or less from the generator to a used oil collection center as specified in Section 739.124(a).

3)         This Subpart E does not apply to a generator that transports shipments of used oil totaling 55 gallons (208 ℓ) or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in Section 739.124(b).

4)         This Subpart E does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor, or burner subject to the requirements of this Part.  Except as provided in subsections (a)(1) through (a)(3), this Subpart E does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected.

BOARD NOTE:  A generator that qualifies for an exemption under Section 739.124 may still be subject to the State's special waste hauling permit requirements under Part 809.

b)         Imports and Exports.  A transporter that imports used oil from abroad or export used oil outside of the United States are subject to the requirements of this Subpart E from the time the used oil enters and until the time it exits the United States.

c)         Trucks Used to Transport Hazardous Waste.  Unless trucks previously used to transport hazardous waste are emptied as described in 35 Ill. Adm. Code 721.107 prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and must be managed as hazardous waste unless, under the provisions of Section 739.110(b), the hazardous waste and used oil mixture is determined not to be hazardous waste.

d)         Other Applicable Provisions.  A used oil transporter that conducts the following activities are also subject to other applicable provisions of this Part as indicated in subsections (d)(1) through (d)(5):

1)         A transporter that generates used oil must also comply with Subpart C;

2)         A transporter that processes or re-refines used oil, except as provided in Section 739.141, must also comply with Subpart F;

3)         A transporter that burns off-specification used oil for energy recovery must also comply with Subpart G;

4)         A transporter that directs shipments of off-specification used oil from its 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; and

5)         A transporter that disposes of used oil must also comply with Subpart I.

(Source:  Amended at 43 Ill. Reg. 667, effective November 19, 2018)