---
kind: "section"
citation: "40 C.F.R. § 279.60"
title: "40"
number: "279.60"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/279.60"
---

# §279.60. Applicability.

- (a) **General.** The requirements of this subpart apply to used oil burners except as specified in paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section. A used oil burner is a facility where used oil not meeting the specification requirements in [§ 279.11](/cfr/40/279.11.md) is burned for energy recovery in devices identified in [§ 279.61(a)](/cfr/40/279.61.md?p=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](/cfr/40/279.23.md); 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)](/cfr/40/279.61.md?p=b), burners who process or re-refine used oil must also comply with [subpart F](/cfr/40/subpartF.md) 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](/cfr/40/279.11.md) must also comply with [subpart H](/cfr/40/subpartH.md) 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](/cfr/40/279.11.md), provided that the burner complies with the requirements of [subpart H](/cfr/40/subpartH.md) of this part.

## Notes

### Amendments

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]

### 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.

### Amendments

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]