---
kind: "section"
citation: "40 C.F.R. § 279.61"
title: "40"
number: "279.61"
heading: "Restrictions on burning."
url: "https://uscodex.org/cfr/40/279.61"
---

# §279.61. Restrictions on burning.

- (a) Off-specification used oil fuel may be burned for energy recovery in only the following devices:
  - (1) Industrial furnaces identified in [§ 260.10](/cfr/40/260.10.md) of this chapter;
  - (2) Boilers, as defined in [§ 260.10](/cfr/40/260.10.md) 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](/cfr/40/279.23.md); or
  - (3) Hazardous waste incinerators subject to regulation under [subpart O of parts 264](/cfr/40/part264-subpartO.md) 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.

## 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.