RCRA REVISION CHECKLIST 19

Burning of Waste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces
50 FR 49164-49211
November 29, 1985
as amended on April 13, 1987, at 52 FR 11819-11822
(HSWA Cluster I)

Special Note on the Use of This Checklist

	Used oil fuel standards at §266.40-44 are delegable to State programs although used oil is not specifically listed as a hazardous waste pursuant to Section 3001 of RCRA.  This is because these regulations are promulgated pursuant to (1) the Used Oil Recycling Act (§3014(a) of RCRA) which directs EPA to regulate recycled used oil even if it is not a hazardous waste, and (2) the Superfund Amendments and Reauthorization Act of 1986 (SARA §205(j) adding RCRA §3006(h)).  SARA §205(j) provides for delegation to States for used oil recycling standards even if used oil is not a listed waste or identified as a hazardous waste.

	A November 19, 1986 (51 FR 41900) Federal Register article did not affect the RCRA regulations.  Instead it addressed issues surrounding the potential listing of disposed used oil as hazardous.  
	
				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

DEFINITION OF HAZARDOUS WASTE	 
1		not hazardous unless
meet characteristic	261.3(c)(2)(ii)(B)	

SMALL QUANTITY GENERATORS	 

exceptions	261.5(b)	
			hazardous waste 
mixed with used oil	261.5(k)	

REQUIREMENTS FOR RECYCLABLE MATERIALS	 
	†	used oil not regulated
under Subpart O	261.6(a)(2)(iii)	
			used oil recycled
rather than burned	261.6(a)(3)(iii)	

		coke and coal tar	261.6(a)(3)(vii)	
		fuels from oil-bearing
	†	hazardous waste from
petroleum refining,
production, etc.	261.6(a)(3)(viii)	

	†	petroleum coke	261.6(a)(3)(ix)	

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART O - INCINERATORS

APPLICABILITY	 
hazardous waste 
burned in boilers &
industrial furnaces	264.340(a)(2)	

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART O - INCINERATORS

APPLICABILITY	 
hazardous waste
burned in boilers &
industrial furnaces	265.340(a)(2)	

PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY

APPLICABILITY	 
hazardous waste 
burned for energy
recovery	266.30(a)	

	†	exemption for used oil	266.30(b)(1)	
	†	exemption for
hazardous waste fuels	266.30(b)(2)	
PROHIBITIONS	 

		prohibitions	266.31(a)	

permissible devices	266.31(b)	
(old 266.31(b)(1))
cement kilns-
renumbered	266.31(c)	

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE FUEL	 
generators who
produce	266.32(a)	
generators who
market	266.32(b)	

generators who burn	266.32(c)	

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE FUEL	 

transporters	266.33	

STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUEL	 

prohibitions	266.34(a)	

		notification	266.34(b)	

storage	266.34(c)	

off-site shipment	266.34(d)	

		required notices	266.34(e)	

recordkeeping	266.34(f)	

2		STANDARDS APPLICABLE TO BURNERS OF HAZARDOUS WASTE FUEL	 

prohibitions	266.35(a)	

		notification	266.35(b)	

		storage	266.35(c)	

		required notices	266.35(d)	
recordkeeping	266.35(e)	

SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY

APPLICABILITY	 
used oil burned for
energy recovery	266.40(a)	

"used oil" means	266.40(b)	
used oil mixed with
hazardous waste	266.40(c)	

subject to regulation	266.40(d)	
allowable levels of
constituents	266.40(e)	

PROHIBITIONS	 
market off-spec
used oil	266.41(a)	
burned off-spec
used oil	266.41(b)	

STANDARDS APPLICABLE TO GENERATORS OF USED OIL BURNED FOR ENERGY
RECOVERY	 
generators who 
produce, market, or
burn used oil	266.42	

STANDARDS APPLICABLE TO MARKETERS OF USED OIL BURNED FOR ENERGY
RECOVERY	 
		persons not
"marketers"	266.43(a)	

analysis of used oil	266.43(b)(1)	

prohibitions	266.43(b)(2)	

notifications	266.43(b)(3)	

invoice system	266.43(b)(4)	

required notices	266.43(b)(5)	

recordkeeping	266.43(b)(6)	

STANDARDS APPLICABLE TO BURNERS OF USED OIL BURNED FOR ENERGY RECOVERY	 

prohibitions	266.44(a)	

		notification	266.44(b)	

required notices	266.44(c)	

used oil fuel analysis	266.44(d)	

recordkeeping	266.44(e)