40 CFR § 279.60 - Applicability.
(a) General. The requirements of this subpart apply to used oil burners except as specified in paragraphs (a)(1) and (a)(2) of this section. A used oil burner is a facility where used oil not meeting the specification requirements in § 279.11 is burned for energy recovery in devices identified in § 279.61(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; 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), burners who process or re-refine used oil must also comply with subpart F 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 must also comply with subpart H 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, provided that the burner complies with the requirements of subpart H of this part.