19-6-708 - Registration and permit exemptions.
19-6-708. Registration and permit exemptions.
(1) The following persons are subject to Section 19-6-706, but are not subject toregulation as a registered or permitted site or facility under this part:
(a) generators of DIYer used oil; and
(b) farmers who generate in a calendar year an average of 25 gallons per month or less ofused oil from vehicles or machinery used on the farm.
(2) The following are subject to rules made by the board as necessary to obtain andmaintain primacy of the state used oil program under 40 C.F.R. 279, Standards for theManagement of Used Oil, but are not subject to any other provision of this part:
(a) mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil foruse in the generator's own vehicles are not subject to this part once the used oil and diesel fuelhave been mixed, but prior to mixing, the used oil is subject to this part;
(b) used oil transporters and used oil burners conducting incidental processing operationsthat occur during the normal course of used oil management prior to transportation or burning;
(c) on-specification or off-specification used oil, after it is delivered, as documented bymanifest, to a burner authorized to operate by the board or this part and rules made under thispart;
(d) used oil burners authorized by the board to burn on-specification or off-specificationused oil;
(e) used oil placed directly into a crude oil or natural gas pipeline, after the used oil isintroduced into the pipeline;
(f) used oil generated on vessels due to normal shipboard operations is not subject to thispart until it is transported ashore;
(g) rerefining distillation bottoms used as feedstock to manufacture asphalt products;
(h) materials reclaimed from used oil, used beneficially, and not burned for energyrecovery or used in a manner constituting disposal;
(i) materials derived from used oil that are disposed of or used in a manner constitutingdisposal, but are subject to regulation under this chapter if the materials are identified ashazardous waste;
(j) wastewater containing a de minimis amount of used oil, as defined in Subsection (3);
(k) used oil contaminated with polychlorinated biphenyls (PCBs), if it is subject toregulation under 40 CFR 761, Toxic Substances Control Act;
(l) used oils that are a hazardous waste under this chapter and may not be recycled; and
(m) used oils that are not hazardous waste under this chapter and cannot be recycledunder this part.
(3) (a) As used in Subsection (2)(j), "de minimis quantities of used oil" means:
(i) small spills, leaks, or drippings from pumps, machinery, pipes, and other similarequipment during normal operations; or
(ii) small amounts of oil lost to the wastewater treatment system or unit during washingor draining operations.
(b) "De minimis quantities of used oil" does not include used oil discarded as a result ofabnormal operations resulting in substantial leaks, spills, or other releases, or to used oilrecovered from wastewaters.
Amended by Chapter 40, 1994 General Session