Frequent Questions

What are used oil marketers and how are they regulated when directing on-specification used oil to a used oil burner?

40 CFR §279.70(a)(2) defines a marketer as someone who first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in §279.11. 

Used oil marketers can be divided into two categories: those that market off-specification used oil and those that market oil that meets specification. For each category different regulations apply under Part 279, Subpart H. The used oil fuel marketer requirements are applicable to anyone, including a generator, transporter, processor, or burner of used oil, who engages in marketing activities or who first claims that the used oil meets the specification criteria. Under the present definition of marketer, it is impossible for someone to only be a marketer without engaging in any other used oil management practices. For example, a used oil generator who first directs a shipment of off-specification used oil to a burner is a marketer as well as a generator and must comply with the applicable requirements of Part 279, Subparts C and H. 

Once used oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with 40 CFR §§279.72, 279.73, and 279.74(b), the used oil is no longer subject to Part 279 (§279.11). Additionally, once used oil has been shown not to exceed specification levels, it is not subject to the restrictions on burning in Part 279, Subpart G (Used Oil Training Module; October 2001, EPA530-K-02-025I). However, if you are also conducting additional activities, such as directing a shipment of off-specification used oil from their facility to a used oil burner or first claiming that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in §279.11, then you are also subject to regulation as a marketer, unless you meet one of the exclusions provided in §279.70(b) (§279.70(a)). 

Additional information is available in the Used Oil Training Module (PDF) (29 pages, 73 KB)

Have more questions? Submit a request