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63 rows where part_number = 279 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 17:17:5.0.1.1.24.0.36.1 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | § 279.0-1 Availability of forms. | SEC | [46 FR 17757, Mar. 20, 1981, as amended at 47 FR 26820, June 22, 1982; 59 FR 5946, Feb. 9, 1994; 73 FR 32229, June 5, 2008] | (a) This part identifies and describes the forms prescribed for use under the Investment Advisers Act of 1940. (b) Any person may obtain a copy of any form prescribed for use in this part by written request to the Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Any person may inspect the forms at this address and at the Commission's regional offices. (See § 200.11 of this chapter for the addresses of SEC regional offices.) | ||||||
| 17:17:5.0.1.1.24.0.36.2 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | § 279.1 Form ADV, for application for registration of investment adviser and for amendments to such registration statement. | SEC | [44 FR 21008, Apr. 9, 1979] | This form shall be filed pursuant to Rule 203-1 (§ 275.203-1 of this chapter) as an application for registration of an investment adviser pursuant to sections 203(c) or 203(g) of the Investment Advisers Act of 1940, and also as an amendment to registration pursuant to Rule 204-1 (§ 275.204-1 of this chapter). | ||||||
| 17:17:5.0.1.1.24.0.36.3 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | § 279.2 Form ADV-W, notice of withdrawal from registration as investment adviser. | SEC | This form shall be filed pursuant to Rule 203-2 (§ 275.203-2 of this chapter) by a registered investment adviser as a notice of withdrawal from registration as such under the Investment Advisers Act of 1940. | |||||||
| 17:17:5.0.1.1.24.0.36.4 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | § 279.3 Form ADV-H, application for a temporary or continuing hardship exemption. | SEC | [65 FR 57451, Sept. 22, 2000] | An investment adviser must file this form under § 275.203-3 of this chapter to request a temporary hardship exemption or apply for a continuing hardship exemption. | ||||||
| 17:17:5.0.1.1.24.0.36.5 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | § 279.4 Form ADV-NR, appointment of agent for service of process by non-resident general partner and non-resident managing agent of an investment adviser. | SEC | [87 FR 38978, June 30, 2022] | This form shall be filed and amended pursuant to § 275.203-1 of this chapter (Rule 203-1) as an appointment of agent for service of process by non-resident general partners and non-resident managing agents of an investment adviser pursuant to section 203 of the Investment Advisers Act of 1940. | ||||||
| 17:17:5.0.1.1.24.0.36.6 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | §§ 279.5-279.7 [Reserved] | SEC | ||||||||
| 17:17:5.0.1.1.24.0.36.7 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | § 279.8 Form ADV-E, cover page for certificate of accounting of securities and funds in possession or custody of an investment adviser. | SEC | [54 FR 32049, Aug. 4, 1989] | |||||||
| 17:17:5.0.1.1.24.0.36.8 | 17 | Commodity and Securities Exchanges | II | 279 | PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940 | § 279.9 Form PF, reporting by investment advisers to private funds. | SEC | [76 FR 71175, Nov. 16, 2011] | This form shall be filed pursuant to Rule 204(b)-1 (§ 275.204(b)-1 of this chapter) by certain investment advisers registered or required to register under section 203 of the Act (15 U.S.C. 80b-3) that act as an investment adviser to one or more private funds. | ||||||
| 40:40:29.0.1.1.9.1.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | A | Subpart A—Definitions | § 279.1 Definitions. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 FR 10559, Mar. 4, 1994; 71 FR 40280, July 14, 2006] | Terms that are defined in §§ 260.10, 261.1, and 280.12 of this chapter have the same meanings when used in this part. Aboveground tank means a tank used to store or process used oil that is not an underground storage tank as defined in § 280.12 of this chapter. Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. Do-it-yourselfer used oil collection center means any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers. Existing tank means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to the effective date of the authorized used oil program for the State in which the tank is located. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either (1) A continuous on-site installation program has begun, or (2) The owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for installation of the tank to be completed within a reasonable time. Household “do-it-yourselfer” used oil means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles. Household “do-it-yourselfer” used oil generator means an individual who generates household “do-it-yourselfer” used oil. New tank means a tank that will be used to store or process used oil and for which installation has commenced after the effective date of the authorized used oil program for the State in which the tank is located. Petroleum refining facility means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillati… | |||
| 40:40:29.0.1.1.9.2.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | B | Subpart B—Applicability | § 279.10 Applicability. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 FR 10559, Mar. 4, 1994; 59 FR 10559, Mar. 4, 1994; 61 FR 33693, June 28, 1996; 63 FR 24969, May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, July 30, 2003; 70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006; 81 FR 85828, Nov. 28, 2016] | This section identifies those materials which are subject to regulation as used oil under this part. This section also identifies some materials that are not subject to regulation as used oil under this part, and indicates whether these materials may be subject to regulation as hazardous waste under parts 260 through 266, 268, 270, and 124 of this chapter. (a) Used oil. EPA presumes that used oil is to be recycled unless a used oil handler disposes of used oil, or sends used oil for disposal. Except as provided in § 279.11, the regulations of this part apply to used oil, and to materials identified in this section as being subject to regulation as used oil, whether or not the used oil or material exhibits any characteristics of hazardous waste identified in subpart C of part 261 of this chapter. (b) Mixtures of used oil and hazardous waste —(1) Listed hazardous waste. (i) Mixtures of used oil and hazardous waste that is listed in subpart D of part 261 of this chapter are subject to regulation as hazardous waste under parts 260 through 266, 268, 270, and 124 of this chapter, rather than as used oil under this part. (ii) Rebuttable presumption for used oil. Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter). (A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 279.24(c), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed. (B) The rebuttable presumption d… | |||
| 40:40:29.0.1.1.9.2.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | B | Subpart B—Applicability | § 279.11 Used oil specifications. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 71 FR 40280, July 14, 2006] | Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this part unless it is shown not to exceed any of the allowable levels of the constituents and properties shown in Table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed any allowable level and the person making that showing complies with §§ 279.72, 279.73, and 279.74(b), the used oil is no longer subject to this part. Table 1— USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL SHOWN BELOW IS NOT SUBJECT TO THIS PART WHEN BURNED FOR ENERGY RECOVERY 1 1 The allowable levels do not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see § 279.10(b)). 2 Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under § 279.10(b)(1). Such used oil is subject to subpart H of part 266 of this chapter rather than this part when burned for energy recovery unless the presumption of mixing can be successfully rebutted. | |||
| 40:40:29.0.1.1.9.2.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | B | Subpart B—Applicability | § 279.12 Prohibitions. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993] | (a) Surface impoundment prohibition. Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under parts 264 or 265 of this chapter. (b) Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited, except when such activity takes place in one of the states listed in § 279.82(c). (c) Burning in particular units. Off-specification used oil fuel may be burned for energy recovery in only the following devices: (1) Industrial furnaces identified in § 260.10 of this chapter; (2) Boilers, as defined in § 260.10 of this chapter, that are identified as follows: (i) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; (ii) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or (iii) Used oil-fired space heaters provided that the burner meets the provisions of § 279.23. (3) Hazardous waste incinerators subject to regulation under subpart O of parts 264 or 265 of this chapter. | |||
| 40:40:29.0.1.1.9.3.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | C | Subpart C—Standards for Used Oil Generators | § 279.20 Applicability. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994] | (a) General. Except as provided in paragraphs (a)(1) through (a)(4) of this section, this subpart applies to all used oil generators. A used oil generator is any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. (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. For purposes of this subpart, 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 person(s) 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 once the used oil is transported ashore. The co-genenerators may decide among them which party will fulfill the requirements of this subpart. (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. (4) Farmers. Farmers who generate an average of 25 gallons 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. Used oil generators who conduct the following activities are subject to the requirements of other applicable provisions of this part as indicated in paragraphs (b)(1) through (5) of this section: (1) Generators who transport used oil, except under the self-transport provisions of § 279.24 (a) and (b), must also comply with subpart E of this part. (2) (i) Except as provided in paragraph (b)(2)(ii) of this section, generators who process or re-refine used oil must also c… | |||
| 40:40:29.0.1.1.9.3.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | C | Subpart C—Standards for Used Oil Generators | § 279.21 Hazardous waste mixing. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993] | (a) Mixtures of used oil and hazardous waste must be managed in accordance with § 279.10(b). (b) The rebuttable presumption for used oil of § 279.10(b)(1)(ii) applies to used oil managed by generators. Under the rebuttable presumption for used oil of § 279.10(b)(1)(ii), used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste and thus must be managed as hazardous waste and not as used oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils/fluids and certain used oils removed from refrigeration units. | |||
| 40:40:29.0.1.1.9.3.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | C | Subpart C—Standards for Used Oil Generators | § 279.22 Used oil storage. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 63 FR 24969, May 6, 1998] | Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this Subpart. Used oil generators are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart. (a) Storage units. Used oil generators shall not store used oil in units other than tanks, containers, or units subject to regulation under parts 264 or 265 of this chapter. (b) Condition of units. Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration); and (2) Not leaking (no visible leaks). (c) Labels. (1) Containers and aboveground tanks used to store used oil at generator facilities must be labeled or marked clearly with the words “Used Oil.” (2) Fill pipes used to transfer used oil into underground storage tanks at generator facilities must be labeled or marked clearly with the words “Used Oil.” (d) Response to releases. Upon detection of a release of used oil to the environment that is not subject to the requirements of part 280, subpart F of this chapter and which has occurred after the effective date of the recycled used oil management program in effect in the State in which the release is located, a generator must perform the following cleanup steps: (1) Stop the release; (2) Contain the released used oil; (3) Clean up and manage properly the released used oil and other materials; and (4) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service. | |||
| 40:40:29.0.1.1.9.3.47.4 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | C | Subpart C—Standards for Used Oil Generators | § 279.23 On-site burning in space heaters. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993] | Generators may burn used oil in used oil-fired space heaters provided that: (a) The heater burns only used oil that the owner or operator generates or used oil received from household do-it-yourself used oil generators; (b) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour; and (c) The combustion gases from the heater are vented to the ambient air. | |||
| 40:40:29.0.1.1.9.3.47.5 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | C | Subpart C—Standards for Used Oil Generators | § 279.24 Off-site shipments. | EPA | Except as provided in paragraphs (a) through (c) of this section, generators must ensure that their used oil is transported only by transporters who have obtained EPA identification numbers. (a) Self-transportation of small amounts to approved collection centers. Generators may transport, without an EPA identification number, used oil that is generated at the generator's site and used oil collected from household do-it-yourselfers to a used oil collection center provided that: (1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator; (2) The generator transports no more than 55 gallons of used oil at any time; and (3) The generator transports the used oil to a used oil collection center that is registered, licensed, permitted, or recognized by a state/county/municipal government to manage used oil. (b) Self-transportation of small amounts to aggregation points owned by the generator. Generators may transport, without an EPA identification number, used oil that is generated at the generator's site to an aggregation point provided that: (1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator; (2) The generator transports no more than 55 gallons of used oil at any time; and (3) The generator transports the used oil to an aggregation point that is owned and/or operated by the same generator. (c) Tolling arrangements. Used oil generators may arrange for used oil to be transported by a transporter without an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the processor/re-refiner to the generator for use as a lubricant, cutting oil, or coolant. The contract (known as a “tolling arrangement”) must indicate: (1) The type of used oil and the frequency of shipments; (2) That the vehicle used to transport the used oil to the processing/re-refining facility and to deliver recycled used oil back to the g… | ||||
| 40:40:29.0.1.1.9.4.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | D | Subpart D—Standards for Used Oil Collection Centers and Aggregation Points | § 279.30 Do-it-yourselfer used oil collection centers. | EPA | (a) Applicability. This section applies to owners or operators of all do-it-yourselfer (DIY) used oil collection centers. A DIY used oil collection center is any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers. (b) DIY used oil collection center requirements. Owners or operators of all DIY used oil collection centers must comply with the generator standards in subpart C of this part. | ||||
| 40:40:29.0.1.1.9.4.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | D | Subpart D—Standards for Used Oil Collection Centers and Aggregation Points | § 279.31 Used oil collection centers. | EPA | (a) Applicability. This section applies to owners or operators of used oil collection centers. A used oil collection center is any site or facility that accepts/aggregates and stores used oil collected from used oil generators regulated under subpart C of this part who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of § 279.24(a). Used oil collection centers may also accept used oil from household do-it-yourselfers. (b) Used oil collection center requirements. Owners or operators of all used oil collection centers must: (1) Comply with the generator standards in subpart C of this part; and (2) Be registered/licensed/permitted/recognized by a state/county/municipal government to manage used oil. | ||||
| 40:40:29.0.1.1.9.4.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | D | Subpart D—Standards for Used Oil Collection Centers and Aggregation Points | § 279.32 Used oil aggregation points owned by the generator. | EPA | (a) Applicability. This section applies to owners or operators of all used oil aggregation points. A used oil aggregation point is any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons under the provisions of § 279.24(b). Used oil aggregation points may also accept used oil from household do-it-yourselfers. (b) Used oil aggregation point requirements. Owners or operators of all used oil aggregation points must comply with the generator standards in subpart C of this part. | ||||
| 40:40:29.0.1.1.9.5.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.40 Applicability. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993] | (a) General. Except as provided in paragraphs (a)(1) through (a)(4) of this section, this subpart applies to all used oil transporters. Used oil transporters are persons who transport used oil, persons who collect used oil from more than one generator and transport the collected oil, and owners and operators of used oil transfer facilities. (1) This subpart does not apply to on-site transportation. (2) This subpart does not apply to generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil collection center as specified in § 279.24(a). (3) This subpart does not apply to generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in § 279.24(b). (4) This subpart does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor/re-refiner, or burner subject to the requirements of this part. Except as provided in paragraphs (a)(1) through (a)(3) of this section, this subpart 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. (b) Imports and exports. Transporters who import used oil from abroad or export used oil outside of the United States are subject to the requirements of this subpart 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 § 261.7 of this chapter 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 § 279.10(b), the hazardous waste/used oil mixture is determined not… | |||
| 40:40:29.0.1.1.9.5.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.41 Restrictions on transporters who are not also processors or re-refiners. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994] | (a) Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in paragraph (b) of this section, used oil transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in subpart F of this part. (b) Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products unless they also comply with the processor/re-refiner requirements in subpart F of this part. (c) Transporters of used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter or at a transfer facility prior to being returned to its original use are not subject to the processor/re-refiner requirements in subpart F of this part. | |||
| 40:40:29.0.1.1.9.5.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.42 Notification. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 58 FR 33342, June 17, 1993] | (a) Identification numbers. Used oil transporters who have not previously complied with the notification requirements of RCRA section 3010 must comply with these requirements and obtain an EPA identification number. (b) Mechanics of notification. A used oil transporter who has not received an EPA identification number may obtain one by notifying the Regional Administrator of their used oil activity by submitting either: (1) A completed EPA Form 8700-12 (To obtain ordering information for EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or (2) A letter requesting an EPA identification number. Call RCRA/Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter should include the following information: (i) Transporter company name; (ii) Owner of the transporter company; (iii) Mailing address for the transporter; (iv) Name and telephone number for the transporter point of contact; (v) Type of transport activity ( i.e. , transport only, transport and transfer facility, transfer facility only); (vi) Location of all transfer facilities at which used oil is stored; (vii) Name and telephone number for a contact at each transfer facility. | |||
| 40:40:29.0.1.1.9.5.47.4 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.43 Used oil transportation. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 71 FR 40280, July 14, 2006] | (a) Deliveries. A used oil transporter must deliver all used oil received to: (1) Another used oil transporter, provided that the transporter has obtained an EPA identification number; (2) A used oil processing/re-refining facility who has obtained an EPA identification number; (3) An off-specification used oil burner facility who has obtained an EPA identification number; or (4) An on-specification used oil burner facility. (b) DOT Requirements. Used oil transporters must comply with all applicable requirements under the U.S. Department of Transportation regulations in 49 CFR parts 171 through 180. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 must comply with all applicable regulations in 49 CFR parts 171 through 180. (c) Used oil discharges. (1) In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area). (2) If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers. (3) An air, rail, highway, or water transporter who has discharged used oil must: (i) Give notice, if required by 49 CFR 171.15, to the National Response Center (800-424-8802 or 202-426-2675); and (ii) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590. (4) A water transporter who has discharged used oil must give notice as required by 33 CFR 153.203. (5) A transporter must clean up any used oil discharge that occurs during transportation or take such acti… | |||
| 40:40:29.0.1.1.9.5.47.5 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.44 Rebuttable presumption for used oil. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994; 70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006] | (a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of § 279.10(b)(1)(ii), the used oil transporter must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm. (b) The transporter must make this determination by: (1) Testing the used oil; or (2) Applying knowledge of the halogen content of the used oil in light of the materials or processes used. (c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter). (1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 279.24(c), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed. (2) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units. (d) Record retention. Records of analyses conducted or information used to comply with paragraphs (a), (b), and (c) of this section must be maintained by the transporter for at least 3 years. | |||
| 40:40:29.0.1.1.9.5.47.6 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.45 Used oil storage at transfer facilities. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 FR 24969, May 6, 1998; 71 FR 40280, July 14, 2006] | Used oil transporters are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this subpart. Used oil transporters are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart. (a) Applicability. This section applies to used oil transfer facilities. Used oil transfer facilities are transportation related facilities including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation and not longer than 35 days. Transfer facilities that store used oil for more than 35 days are subject to regulation under subpart F of this part. (b) Storage units. Owners or operators of used oil transfer facilities may not store used oil in units other than tanks, containers, or units subject to regulation under parts 264 or 265 of this chapter. (c) Condition of units. Containers and aboveground tanks used to store used oil at transfer facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration); and (2) Not leaking (no visible leaks). (d) Secondary containment for containers. Containers used to store used oil at transfer facilities must be equipped with a secondary containment system. (1) The secondary containment system must consist of, at a minimum: (i) Dikes, berms or retaining walls; and (ii) A floor. The floor must cover the entire area within the dikes, berms, or retaining walls; or (iii) An equivalent secondary containment system. (2) The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water. (e) Secondary containment for exis… | |||
| 40:40:29.0.1.1.9.5.47.7 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.46 Tracking. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994] | (a) Acceptance. Used oil transporters must keep a record of each used oil shipment accepted for transport. Records for each shipment must include: (1) The name and address of the generator, transporter, or processor/re-refiner who provided the used oil for transport; (2) The EPA identification number (if applicable) of the generator, transporter, or processor/re-refiner who provided the used oil for transport; (3) The quantity of used oil accepted; (4) The date of acceptance; and (5)(i) Except as provided in paragraph (a)(5)(ii) of this section, the signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor/re-refiner who provided the used oil for transport. (ii) Intermediate rail transporters are not required to sign the record of acceptance. (b) Deliveries. Used oil transporters must keep a record of each shipment of used oil that is delivered to another used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility. Records of each delivery must include: (1) The name and address of the receiving facility or transporter; (2) The EPA identification number of the receiving facility or transporter; (3) The quantity of used oil delivered; (4) The date of delivery; (5)(i) Except as provided in paragraph (b)(5)(ii) of this section, the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter. (ii) Intermediate rail transporters are not required to sign the record of delivery. (c) Exports of used oil. Used oil transporters must maintain the records described in paragraphs (b)(1) through (b)(4) of this section for each shipment of used oil exported to any foreign country. (d) Record retention. The records described in paragraphs (a), (b), and (c) of this section must be maintained for at least three years. | |||
| 40:40:29.0.1.1.9.5.47.8 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | E | Subpart E—Standards for Used Oil Transporter and Transfer Facilities | § 279.47 Management of residues. | EPA | Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in § 279.10(e). | ||||
| 40:40:29.0.1.1.9.6.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.50 Applicability. | EPA | (a) The requirements of this subpart apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining. The requirements of this subpart do not apply to: (1) Transporters that conduct incidental processing operations that occur during the normal course of transportation as provided in § 279.41; or (2) Burners that conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in § 279.61(b). (b) Other applicable provisions. Used oil processors/re-refiners who conduct the following activities are also subject to the requirements of other applicable provisions of this part as indicated in paragraphs (b)(1) through (b)(5) of this section. (1) Processors/re-refiners who generate used oil must also comply with subpart C of this part; (2) Processors/re-refiners who transport used oil must also comply with subpart E of this part; (3) Except as provided in paragraphs (b)(3)(i) and (b)(3)(ii) of this section, processors/re-refiners who burn off-specification used oil for energy recovery must also comply with subpart G of this part. Processor/re-refiners burning used oil for energy recovery under the following conditions are not subject to subpart G of this part: (i) The used oil is burned in an on-site space heater that meets the requirements of § 279.23; or (ii) The used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing; (4) Processors/re-refiners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil … | ||||
| 40:40:29.0.1.1.9.6.47.10 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.59 Management of residues. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006] | Owners and operators who generate residues from the storage, processing, or re-refining of used oil must manage the residues as specified in § 279.10(e). | |||
| 40:40:29.0.1.1.9.6.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.51 Notification. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993] | (a) Identification numbers. Used oil processors and re-refiners who have not previously complied with the notification requirements of RCRA section 3010 must comply with these requirements and obtain an EPA identification number. (b) Mechanics of notification. A used oil processor or re-refiner who has not received an EPA identification number may obtain one by notifying the Regional Administrator of their used oil activity by submitting either: (1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or (2) A letter requesting an EPA identification number. Call RCRA/Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter should include the following information: (i) Processor or re-refiner company name; (ii) Owner of the processor or re-refiner company; (iii) Mailing address for the processor or re-refiner; (iv) Name and telephone number for the processor or re-refiner point of contact; (v) Type of used oil activity ( i.e. , process only, process and re-refine); (vi) Location of the processor or re-refiner facility. | |||
| 40:40:29.0.1.1.9.6.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.52 General facility standards. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 71 FR 40280, July 14, 2006] | (a) Preparedness and prevention. Owners and operators of used oil processing and re-refining facilities must comply with the following requirements: (1) Maintenance and operation of facility. Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water which could threaten human health or the environment. (2) Required equipment. All facilities must be equipped with the following, unless none of the hazards posed by used oil handled at the facility could require a particular kind of equipment specified in paragraphs (a)(2)(i) through (iv) of this section: (i) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel; (ii) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams; (iii) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment and decontamination equipment; and (iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems. (3) Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency. (4) Access to communications or alarm system. (i) Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with anoth… | |||
| 40:40:29.0.1.1.9.6.47.4 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.53 Rebuttable presumption for used oil. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994; 70 FR 34591, June 14, 2005] | (a) To ensure that used oil managed at a processing/re-refining facility is not hazardous waste under the rebuttable presumption of § 279.10(b)(1)(ii), the owner or operator of a used oil processing/re-refining facility must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm. (b) The owner or operator must make this determination by: (1) Testing the used oil; or (2) Applying knowledge of the halogen content of the used oil in light of the materials or processes used. (c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter). (1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed. (2) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units. | |||
| 40:40:29.0.1.1.9.6.47.5 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.54 Used oil management. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 FR 24969, May 6, 1998] | Used oil processor/re-refiners are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this subpart. Used oil processors/re-refiners are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart. (a) Management units. Used oil processors/re-refiners may not store used oil in units other than tanks, containers, or units subject to regulation under part 264 or 265 of this chapter. (b) Condition of units. Containers and aboveground tanks used to store or process used oil at processing and re-refining facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration); and (2) Not leaking (no visible leaks). (c) Secondary containment for containers. Containers used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system. (1) The secondary containment system must consist of, at a minimum: (i) Dikes, berms or retaining walls; and (ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or (iii) An equivalent secondary containment system. (2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water. (d) Secondary containment for existing aboveground tanks. Existing aboveground tanks used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system. (1) The secondary containment system must consist of, at a minimum: (i) Dikes, berms or retaining walls; and (ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where exist… | |||
| 40:40:29.0.1.1.9.6.47.6 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.55 Analysis plan. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006] | Owners or operators of used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of § 279.53 and, if applicable, § 279.72. The owner or operator must keep the plan at the facility. (a) Rebuttable presumption for used oil in § 279.53. At a minimum, the plan must specify the following: (1) Whether sample analyses or knowledge of the halogen content of the used oil will be used to make this determination. (2) If sample analyses are used to make this determination: (i) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either: (A) One of the sampling methods in appendix I of part 261 of this chapter; or (B) A method shown to be equivalent under §§ 260.20 and 260.21 of this chapter; (ii) The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and (iii) The methods used to analyze used oil for the parameters specified in § 279.53; and (3) The type of information that will be used to determine the halogen content of the used oil. (b) On-specification used oil fuel in § 279.72. At a minimum, the plan must specify the following if § 279.72 is applicable: (1) Whether sample analyses or other information will be used to make this determination; (2) If sample analyses are used to make this determination: (i) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either: (A) One of the sampling methods in appendix I of part 261 of this chapter; or (B) A method shown to be equivalent under §§ 260.20 and 260.21 of this chapter; (ii) Whether used oil will be sampled and analyzed prior to or after any processing/re-refining; (iii) The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and (iv) The methods used to analyze used oil for the parameters specifi… | |||
| 40:40:29.0.1.1.9.6.47.7 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.56 Tracking. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006] | (a) Acceptance. Used oil processors/re-refiners must keep a record of each used oil shipment accepted for processing/re-refining. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information: (1) The name and address of the transporter who delivered the used oil to the processor/re-refiner; (2) The name and address of the generator or processor/re-refiner from whom the used oil was sent for processing/re-refining; (3) The EPA identification number of the transporter who delivered the used oil to the processor/re-refiner; (4) The EPA identification number (if applicable) of the generator or processor/re-refiner from whom the used oil was sent for processing/re-refining; (5) The quantity of used oil accepted; and (6) The date of acceptance. (b) Delivery. Used oil processor/re-refiners must keep a record of each shipment of used oil that is shipped to a used oil burner, processor/ re-refiner, or disposal facility. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information: (1) The name and address of the transporter who delivers the used oil to the burner, processor/re-refiner or disposal facility; (2) The name and address of the burner, processor/re-refiner or disposal facility who will receive the used oil; (3) The EPA identification number of the transporter who delivers the used oil to the burner, processor/re-refiner or disposal facility; (4) The EPA identification number of the burner, processor/re-refiner, or disposal facility who will receive the used oil; (5) The quantity of used oil shipped; and (6) The date of shipment. (c) Record retention. The records described in paragraphs (a) and (b) of this section must be maintained for at least three years. | |||
| 40:40:29.0.1.1.9.6.47.8 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.57 Operating record and reporting. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006] | (a) Operating record. (1) The owner or operator must keep a written operating record at the facility. (2) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility; (i) Records and results of used oil analyses performed as described in the analysis plan required under § 279.55; and (ii) Summary reports and details of all incidents that require implementation of the contingency plan as specified in § 279.52(b). (b) Reporting. A used oil processor/re-refiner must report to the Regional Administrator, in the form of a letter, on a biennial basis (by March 1 of each even numbered year), the following information concerning used oil activities during the previous calendar year; (1) The EPA identification number, name, and address of the processor/re-refiner; (2) The calendar year covered by the report; and (3) The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific processes employed. | |||
| 40:40:29.0.1.1.9.6.47.9 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | F | Subpart F—Standards for Used Oil Processors and Re-Refiners | § 279.58 Off-site shipments of used oil. | EPA | Used oil processors/re-refiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an EPA identification number. | ||||
| 40:40:29.0.1.1.9.7.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.60 Applicability. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993] | (a) General. The requirements of this subpart apply to used oil burners except as specified in paragraphs (a)(1) and (a)(2) of this section. A used oil burner is a facility where used oil not meeting the specification requirements in § 279.11 is burned for energy recovery in devices identified in § 279.61(a). Facilities burning used oil for energy recovery under the following conditions are not subject to this Subpart: (1) The used oil is burned by the generator in an on-site space heater under the provisions of § 279.23; or (2) The used oil is burned by a processor/re-refiner for purposes of processing used oil, which is considered burning incidentally to used oil processing. (b) Other applicable provisions. Used oil burners who conduct the following activities are also subject to the requirements of other applicable provisions of this part as indicated below. (1) Burners who generate used oil must also comply with subpart C of this part; (2) Burners who transport used oil must also comply with subpart E of this part; (3) Except as provided in § 279.61(b), burners who process or re-refine used oil must also comply with subpart F of this part; (4) Burners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in § 279.11 must also comply with subpart H of this part; and (5) Burners who dispose of used oil, including the use of used oil as a dust suppressant, must comply with subpart I of this part. (c) Specification fuel. This subpart does not apply to persons burning used oil that meets the used oil fuel specification of § 279.11, provided that the burner complies with the requirements of subpart H of this part. | |||
| 40:40:29.0.1.1.9.7.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.61 Restrictions on burning. | EPA | (a) Off-specification used oil fuel may be burned for energy recovery in only the following devices: (1) Industrial furnaces identified in § 260.10 of this chapter; (2) Boilers, as defined in § 260.10 of this chapter, that are identified as follows: (i) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; (ii) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or (iii) Used oil-fired space heaters provided that the burner meets the provisions of § 279.23; or (3) Hazardous waste incinerators subject to regulation under subpart O of parts 264 or 265 of this chapter. (b)(1) With the following exception, used oil burners may not process used oil unless they also comply with the requirements of subpart F of this part. (2) Used oil burners may aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, but may not aggregate for purposes of producing on-specification used oil. | ||||
| 40:40:29.0.1.1.9.7.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.62 Notification. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993] | (a) Identification numbers. Used oil burners which have not previously complied with the notification requirements of RCRA section 3010 must comply with these requirements and obtain an EPA identification number. (b) Mechanics of notification. A used oil burner who has not received an EPA identification number may obtain one by notifying the Regional Administrator of their used oil activity by submitting either: (1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or (2) A letter requesting an EPA identification number. Call the RCRA/Superfund Hotline to determine where to send a letter requesting an EPA identification number. The letter should include the following information: (i) Burner company name; (ii) Owner of the burner company; (iii) Mailing address for the burner; (iv) Name and telephone number for the burner point of contact; (v) Type of used oil activity; and (vi) Location of the burner facility. | |||
| 40:40:29.0.1.1.9.7.47.4 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.63 Rebuttable presumption for used oil. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994; 70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006] | (a) To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of § 279.10(b)(1)(ii), a used oil burner must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm. (b) The used oil burner must determine if the used oil contains above or below 1,000 ppm total halogens by: (1) Testing the used oil; (2) Applying knowledge of the halogen content of the used oil in light of the materials or processes used; or (3) If the used oil has been received from a processor/re-refiner subject to regulation under subpart F of this part, using information provided by the processor/re-refiner. (c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter). (1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 279.24(c), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed. (2) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units. (d) Record retention. Records of analyses conducted or information used to comply with paragraphs (a), (b), and (c) of this section must… | |||
| 40:40:29.0.1.1.9.7.47.5 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.64 Used oil storage. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 FR 24969, May 6, 1998; 71 FR 40280, July 14, 2006] | Used oil burners are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of this subpart. Used oil burners are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart. (a) Storage units. Used oil burners may not store used oil in units other than tanks, containers, or units subject to regulation under parts 264 or 265 of this chapter. (b) Condition of units. Containers and aboveground tanks used to store oil at burner facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration); and (2) Not leaking (no visible leaks). (c) Secondary containment for containers. Containers used to store used oil at burner facilities must be equipped with a secondary containment system. (1) The secondary containment system must consist of, at a minimum: (i) Dikes, berms or retaining walls; and (ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall. (2) The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water. (d) Secondary containment for existing aboveground tanks. Existing aboveground tanks used to store used oil at burner facilities must be equipped with a secondary containment system. (1) The secondary containment system must consist of, at a minimum: (i) Dikes, berms or retaining walls; and (ii) A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or (iii) An equivalent secondary containment system. (2) The entire containment system, including walls and floor, must be sufficiently impervious to used… | |||
| 40:40:29.0.1.1.9.7.47.6 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.65 Tracking. | EPA | (a) Acceptance. Used oil burners must keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the following information: (1) The name and address of the transporter who delivered the used oil to the burner; (2) The name and address of the generator or processor/re-refiner from whom the used oil was sent to the burner; (3) The EPA identification number of the transporter who delivered the used oil to the burner; (4) The EPA identification number (if applicable) of the generator or processor/re-refiner from whom the used oil was sent to the burner; (5) The quantity of used oil accepted; and (6) The date of acceptance. (b) Record retention. The records described in paragraph (a) of this section must be maintained for at least three years. | ||||
| 40:40:29.0.1.1.9.7.47.7 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.66 Notices. | EPA | (a) Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor/re-refiner, the burner must provide to the generator, transporter, or processor/re-refiner a one-time written and signed notice certifying that: (1) The burner has notified EPA stating the location and general description of his used oil management activities; and (2) The burner will burn the used oil only in an industrial furnace or boiler identified in § 279.61(a). (b) Certification retention. The certification described in paragraph (a) of this section must be maintained for three years from the date the burner last receives shipment of off-specification used oil from that generator, transporter, or processor/re-refiner. | ||||
| 40:40:29.0.1.1.9.7.47.8 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | G | Subpart G—Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery | § 279.67 Management of residues. | EPA | Burners who generate residues from the storage or burning of used oil must manage the residues as specified in § 279.10(e). | ||||
| 40:40:29.0.1.1.9.8.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | H | Subpart H—Standards for Used Oil Fuel Marketers | § 279.70 Applicability. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 71 FR 40280, July 14, 2006] | (a) Any person who conducts either of the following activities is subject to the requirements of this subpart: (1) Directs a shipment of off-specification used oil from their facility to a used oil burner; or (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. (b) The following persons are not marketers subject to this subpart: (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) 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. (c) Any person subject to the requirements of this Subpart must also comply with one of the following: (1) Subpart C of this part—Standards for Used Oil Generators; (2) Subpart E of this part—Standards for Used Oil Transporters and Transfer Facilities; (3) Subpart F of this part—Standards for Used Oil Processors and Re-refiners; or (4) Subpart G of this part—Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery. | |||
| 40:40:29.0.1.1.9.8.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | H | Subpart H—Standards for Used Oil Fuel Marketers | § 279.71 Prohibitions. | EPA | A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who: (a) Has an EPA identification number; and (b) Burns the used oil in an industrial furnace or boiler identified in § 279.61(a). | ||||
| 40:40:29.0.1.1.9.8.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | H | Subpart H—Standards for Used Oil Fuel Marketers | § 279.72 On-specification used oil fuel. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993] | (a) Analysis of used oil fuel. A generator, transporter, processor/re-refiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of § 279.11 by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications. (b) Record retention. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under § 279.11, must keep copies of analyses of the used oil (or other information used to make the determination) for three years. | |||
| 40:40:29.0.1.1.9.8.47.4 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | H | Subpart H—Standards for Used Oil Fuel Marketers | § 279.73 Notification. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993] | (a) Identification numbers. A used oil fuel marketer subject to the requirements of this subpart who has not previously complied with the notification requirements of RCRA section 3010 must comply with these requirements and obtain an EPA identification number. (b) A marketer who has not received an EPA identification number may obtain one by notifying the Regional Administrator of their used oil activity by submitting either: (1) A completed EPA Form 8700-12; or (2) A letter requesting an EPA identification number. The letter should include the following information: (i) Marketer company name; (ii) Owner of the marketer; (iii) Mailing address for the marketer; (iv) Name and telephone number for the marketer point of contact; and (v) Type of used oil activity ( i.e. , generator directing shipments of off-specification used oil to a burner). | |||
| 40:40:29.0.1.1.9.8.47.5 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | H | Subpart H—Standards for Used Oil Fuel Marketers | § 279.74 Tracking. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 FR 24969, May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, July 30, 2003] | (a) Off-specification used oil delivery. Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information: (1) The name and address of the transporter who delivers the used oil to the burner; (2) The name and address of the burner who will receive the used oil; (3) The EPA identification number of the transporter who delivers the used oil to the burner; (4) The EPA identification number of the burner; (5) The quantity of used oil shipped; and (6) The date of shipment. (b) On-specification used oil delivery. A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under § 279.11 must keep a record of each shipment of used oil to the facility to which it delivers the used oil. Records for each shipment must include the following information: (1) The name and address of the facility receiving the shipment; (2) The quantity of used oil fuel delivered; (3) The date of shipment or delivery; and (4) A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under § 279.72(a). (c) Record retention. The records described in paragraphs (a) and (b) of this section must be maintained for at least three years. | |||
| 40:40:29.0.1.1.9.8.47.6 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | H | Subpart H—Standards for Used Oil Fuel Marketers | § 279.75 Notices. | EPA | (a) Certification. Before a used oil generator, transporter, or processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, he must obtain a one-time written and signed notice from the burner certifying that: (1) The burner has notified EPA stating the location and general description of used oil management activities; and (2) The burner will burn the off-specification used oil only in an industrial furnace or boiler identified in § 279.61(a). (b) Certification retention. The certification described in paragraph (a) of this section must be maintained for three years from the date the last shipment of off-specification used oil is shipped to the burner. | ||||
| 40:40:29.0.1.1.9.9.47.1 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | I | Subpart I—Standards for Use as a Dust Suppressant and Disposal of Used Oil | § 279.80 Applicability. | EPA | The requirements of this subpart apply to all used oils that cannot be recycled and are therefore being disposed. | ||||
| 40:40:29.0.1.1.9.9.47.2 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | I | Subpart I—Standards for Use as a Dust Suppressant and Disposal of Used Oil | § 279.81 Disposal. | EPA | (a) Disposal of hazardous used oils. Used oils that are identified as a hazardous waste and cannot be recycled in accordance with this part must be managed in accordance with the hazardous waste management requirements of parts 260 through 266, 268, 270 and 124 of this chapter. (b) Disposal of nonhazardous used oils. Used oils that are not hazardous wastes and cannot be recycled under this part must be disposed in accordance with the requirements of parts 257 and 258 of this chapter. | ||||
| 40:40:29.0.1.1.9.9.47.3 | 40 | Protection of Environment | I | I | 279 | PART 279—STANDARDS FOR THE MANAGEMENT OF USED OIL | I | Subpart I—Standards for Use as a Dust Suppressant and Disposal of Used Oil | § 279.82 Use as a dust suppressant. | EPA | (a) The use of used oil as a dust suppressant is prohibited, except when such activity takes place in one of the states listed in paragraph (c) of this section. (b) A State may petition (e.g., as part of its authorization petition submitted to EPA under § 271.5 of this chapter or by a separate submission) EPA to allow the use of used oil (that is not mixed with hazardous waste and does not exhibit a characteristic other than ignitability) as a dust suppressant. The State must show that it has a program in place to prevent the use of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of use as a dust suppressant on the environment. (c) List of States. [Reserved] | ||||
| 7:7:4.1.1.3.27.1.1.1 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | A | Subpart A—Administrative Review | § 279.1 Jurisdiction and authority. | FNS | [68 FR 41052, July 10, 2003, as amended at 73 FR 79595, Dec. 30, 2008] | A food retailer or wholesale food concern aggrieved by administrative action under § 278.1, § 278.6 or § 278.7 of this chapter may, within a period stated in this Part, file a written request for review of the administrative action with FNS. On receipt of the request for review, the questioned administrative action shall be stayed pending disposition of the request for review, except in the case of a permanent disqualification as specified in § 278.6(e)(1) of this chapter. (a) Jurisdiction. Reviewers designated by the Secretary shall act for the Department on requests for review filed by food retailers or wholesale food concerns aggrieved by any of the following actions: (1) Denial of an application or withdrawal of authorization to participate in the program under § 278.1 of this chapter; (2) Disqualification under § 278.6 of this chapter, except that a disqualification for failure to pay a civil money penalty shall not be subject to administrative review and a disqualification imposed under § 278.6(e)(8) of this chapter shall not be subject to administrative or judicial review; (3) Imposition of a fine under § 278.6 of this chapter; (4) Denial of all or part of any claim asserted by a firm against FNS under § 278.7(c), (d), or (e) of this chapter; (5) Assertion of a claim under § 278.7(a) of this chapter; or (6) Forfeiture of part or all of a collateral bond or a draw down of part or all of a letter of credit under § 278.1 of this chapter, if the request for review is made by the authorized firm. FNS shall not accept requests for review made by a bonding company or agent or commercial bank. (b) Authority. The determination of the designated reviewer shall be the final administrative determination of the Department, subject, however, to judicial review under section 14 of the Food and Nutrition Act of 2008 and subpart B of this part. | |||
| 7:7:4.1.1.3.27.1.1.2 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | A | Subpart A—Administrative Review | § 279.2 Manner of filing requests for review. | FNS | [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 22058, May 25, 1984. Redesignated and amended at 68 FR 41053, July 10, 2003] | (a) Submitting requests for review. Requests for review submitted by firms shall be mailed to or filed with Director, Administrative Review Division, U.S. Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, Virginia 22302. (b) Content of requests. Requests for review shall be in writing and shall state the name and business address of the firm involved, and the name, address and position with the firm of the person who signed the request. The request shall be signed by the owner of the firm, an officer or partner of the firm, or by counsel, and need not be under oath. (c) Time limit for requesting review. A request for review shall be filed within 10 days of the date of delivery of the notice of the action for which review is requested. For purposes of determining whether a filing date is timely: (1) The filing date shall be the postmark date of the request, or equivalent if the written request is filed by a means other than mail; (2) In computing the 10 day period, the day of delivery of the notice of the action for which review is requested may not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday. In that case, the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. As used in this paragraph, “legal holiday” includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day designated as a holiday by the President or the Congress of the United States. | |||
| 7:7:4.1.1.3.27.1.1.3 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | A | Subpart A—Administrative Review | § 279.3 Content of request for review. | FNS | [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 22058, May 25, 1984; Amdt. 334, 57 FR 3913, Feb. 3, 1992. Redesignated and amended at 68 FR 41053, July 10, 2003] | (a) Identifying the request. Requests for review shall clearly identify the administrative action from which the review is requested. This identification shall include the date of the letter or other written communication notifying the firm of the administrative action, the name and title of the person who signed the letter or other communication, and whether the action under appeal concerns a denial of an application or a withdrawal of authorization to participate, a disqualification from further participation, a civil money penalty, or a denial of all or any part of a claim or a fine. (b) Supporting the request. The request shall include information in support of the request showing the grounds on which review is being sought, or shall state that supporting information will be filed in writing at a later date. In the latter case, the designated reviewer shall notify the firm of the date by which the information must be filed. | |||
| 7:7:4.1.1.3.27.1.1.4 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | A | Subpart A—Administrative Review | § 279.4 Action upon receipt of a request for review. | FNS | [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 236, 49 FR 22059, May 25, 1984; Amdt. 258, 49 FR 28393, July 12, 1984; 49 FR 29769, July 24, 1984; Amdt. 356, 59 FR 29714, June 9, 1994; 64 FR 23174, Apr. 30, 1999. Redesignated and amended at 68 FR 41053, July 10, 2003; 73 FR 79595, Dec. 30, 2008; 85 FR 52749, Aug. 26, 2020] | (a) Holding action. Upon receipt of a request for review of administrative action, the administrative action shall be held in abeyance until the designated reviewer has made a determination. However, permanent disqualifications for trafficking shall not be held in abeyance and shall be effective immediately as specified in 278.6(b)(2) of this chapter. If the disqualification is reversed through administrative or judicial review, the Secretary shall not be held liable for the value of any sales lost during the disqualification period. If the administrative action in question involves the denial of a claim brought by a firm against FNS, or the forfeiture of a collateral bond or the draw down on an irrevocable letter of credit, the designated reviewer shall direct the firm not be approved for participation, not be paid any part of the disputed claim, or not be reimbursed for any bond forfeiture or irrevocable letter of credit withdrawal, as appropriate until the designated reviewer has made a determination. (b) Filing supporting information. If the request filed by the firm includes a request for an opportunity to file written information in support of its position at a later date, the designated reviewer shall promptly notify the firm of the date by which the information shall be filed. If the firm fails to file any information in support of its position by the designated date, the information submitted with the original request shall be considered to be the only information submitted by the firm. In that case, if no information in support of the firm's position was submitted with the original request, the action of the appropriate FNS office shall be final. (c) Extensions of time. Upon timely written request to FNS by the firm requesting the review, FNS may grant extensions of time if, in FNS' discretion, additional time is required for the firm to fully present information in support of its position. Additionally, FNS may not grant extensions of time or hold the administrative review process in abeyance s… | |||
| 7:7:4.1.1.3.27.1.1.5 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | A | Subpart A—Administrative Review | § 279.5 Determination of the designated reviewer. | FNS | [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 334, 57 FR 3913, Feb. 3, 1992; Amdt. 356, 59 FR 29714, June 9, 1994. Redesignated and amended at 68 FR 41053, July 10, 2003] | (a) Basis for designated reviewer determination. The designated reviewer shall make a determination based upon: (1) The information submitted by the appropriate FNS office; (2) Information submitted by the firm in support of its position; and (3) Any additional information, in writing, obtained by the designated reviewer from any other person having relevant information. (b) Review of denial or withdrawal of authorization. When the action under review is the denial of an application for authorization or the withdrawal of an existing authorization, the designated reviewer shall sustain the action under review; sustain the action under review, but specify a shorter period of time the action will remain in effect; or direct that the action under review be reversed. (c) Review of disqualification or civil money penalty or fine. When the action under review is disqualifying a firm from program participation or assessing a civil money penalty or fine against a firm, the designated reviewer shall: Sustain the action under review; specify a shorter period of disqualification; specify a reduced money penalty or fine; direct that an official warning letter be issued to the firm in lieu of a disqualification, civil money penalty or fine; or, direct that the action under review be reversed. The designated reviewer may change a disqualification of a firm to a civil money penalty if the disqualification would cause a hardship to participating households (except in the case of a permanent disqualification). The designated reviewer, working with the appropriate FNS office, shall determine if circumstances warrant a civil money penalty in accordance with § 278.6 of this chapter. (d) Review of denial of claim. In the case of a request for review of a denial of all or part of a claim of a firm, the determination of the designated reviewer shall sustain the action under review or shall specify the amount of the claim to be paid by FNS. (e) Determination notifications. FNS shall notify the firm of the determination. … | |||
| 7:7:4.1.1.3.27.1.1.6 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | A | Subpart A—Administrative Review | § 279.6 Legal advice and extensions of time. | FNS | [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 356, 59 FR 29714, June 9, 1994. Redesignated and amended at 68 FR 41053, July 10, 2003; 85 FR 52479, Aug. 26, 2020] | (a) Advice from Office of the General Counsel. If any request for review involves any doubtful questions of law, the Benefit Redemption Division shall obtain the advice of the Department's Office of the General Counsel. (b) Extensions of time. Upon timely written request to the designated reviewer by the firm requesting the review, the designated reviewer may grant extensions of time if, in the designated reviewer's discretion, additional time is required for the firm to fully present information in support of its position. Additionally, the designated reviewer may not grant extensions of time or hold the administrative review process in abeyance solely on the basis of a pending FOIA request or appeal. No extensions may be made in the time allowed for the filing of a request for review. | |||
| 7:7:4.1.1.3.27.2.1.1 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | B | Subpart B—Judicial Review | § 279.7 Judicial review. | FNS | [Amdt. 136, 43 FR 43279, Sept. 22, 1978, as amended by Amdt. 274, 51 FR 18752, May 21, 1986; Amdt. 356, 59 FR 29714, June 9, 1994; 64 FR 23174, Apr. 30, 1999. Redesignated and amended at 68 FR 41053, July 10, 2003; Amdt. 397, 70 FR 72354, Dec. 5, 2005] | (a) Filing for judicial review. Except for firms disqualified from the program in accordance with § 278.6(e)(8) of this chapter, a firm aggrieved by the determination of the designated reviewer may obtain judicial review of the determination by filing a complaint against the United States in the U.S. district court for the district in which the owner resides or is engaged in business, or in any court of record of the State having competent jurisdiction. The complaint must be filed within 30 days after the date of delivery or service upon the firm of the notice of determination of the designated reviewer in accordance with § 279.5(e); otherwise the determination shall be final. (b) Summons and complaint. Service of the summons and complaint in any such action shall be made in accordance with the rules of civil procedure for the U.S. district courts. The copy of the summons and complaint required by the rules to be served on the agency whose order is being attacked shall be sent by using any delivery method as long as the method provides evidence of delivery to the person in charge of the applicable regional office of FNS. (c) Trial de novo. The suit in the U.S. district court or in the State court, as the case may be, shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action. If the court determines that the administrative action is invalid, it shall enter a judgment or order which it determines is in accordance with the law and the evidence. (d) Stay of action. During the pendency of any judicial review, or any appeal therefrom, the administrative action under review shall remain in force unless the firm makes a timely application to the court and after hearing thereon, the court stays the administrative action after a showing that irreparable injury will occur absent a stay and that the firm is likely to prevail on the merits of the case. However, permanent disqualification actions taken in accordance with § 278.6(e)(1) of this chapte… | |||
| 7:7:4.1.1.3.27.2.1.2 | 7 | Agriculture | II | C | 279 | PART 279—ADMINISTRATIVE AND JUDICIAL REVIEW—FOOD RETAILERS AND FOOD WHOLESALERS | B | Subpart B—Judicial Review | § 279.8 Implementation of amendments relating to administrative and judicial review. | FNS | [Amdt. 257, 49 FR 32539, Aug. 15, 1984; Amdt. 262, 49 FR 50598, Dec. 31, 1984, as amended by Amdt. 274, 51 FR 18752, May 21, 1986; Amdt. 334, 57 FR 3913, Feb. 3, 1992. Redesignated at 68 FR 41053, July 10, 2003] | (a) Amendment No. 257. The program change to § 279.3(a)(4) shall be effective September 14, 1984. (b) Amendment No. 274. The program change of Amendment No. 274 at § 279.10(d) is effective retroactively to December 23, 1985. (c) Amendment No. 334. The program changes made to part 279 by this amendment are effective February 1, 1992. |
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