(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.
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,
6921,
6930,
6934,
and; and sections 101(37) and 114(c) of CERCLA (
42 U.S.C. 9601(37) and 9614(c))
source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted.
cite as: 40 CFR 279.61