---
kind: "section"
citation: "40 C.F.R. § 279.50"
title: "40"
number: "279.50"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/279.50"
---

# §279.50. Applicability.

- (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](/cfr/40/279.41.md); 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)](/cfr/40/279.61.md?p=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)](#b-1..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)](#b-3-i) and [(b)(3)(ii)](#b-3-ii) of this section, processors/re-refiners who burn off-specification used oil for energy recovery must also comply with [subpart G](/cfr/40/subpartG.md) of this part. Processor/re-refiners burning used oil for energy recovery under the following conditions are not subject to [subpart G](/cfr/40/subpartG.md) of this part:
    - (i) The used oil is burned in an on-site space heater that meets the requirements of [§ 279.23](/cfr/40/279.23.md); 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 that is to be burned for energy recovery meets the used oil fuel specifications set forth in [§ 279.11](/cfr/40/279.11.md) must also comply with [subpart H](/cfr/40/subpartH.md) of this part; and
  - (5) Processors/re-refiners who dispose of used oil, including the use of used oil as a dust suppressant, also must comply with subpart I of this part.

## Notes

### Authority

Authority: Sections 1006, 2002(a), 3001 through 3007, 3010, 3014, and 7004 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and 9614(c)).

### Source

Source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted.