Section 11-279-70 - Applicability(a) Any person who conducts either of the following activities is subject to the requirements of this subchapter: (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 section 11-279-11.(b) The following persons are not marketers subject to this subchapter: (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 incidently burn used oil are not marketers subject to this subchapter;(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 section 11-279-11.(c) Any person subject to the requirements of this subchapter must also comply with one or more of the following: (1) Subchapter C -- Standards for Used Oil Generators;(2) Subchapter E -- Standards for Used Oil Transporters and Transfer Facilities;(3) Subchapter F -- Standards for Used Oil Processors and Re-refiners;(4) Subchapter G -- Standards for Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery; or(5) The requirements of section 11-279-90.[Eff ] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 342J-52) (Imp: 40 C.F.R. §279.70 )