(a) The use of used oil as a dust suppressant is prohibited, except when such activity takes place in one of the states listed in paragraph (c) of this section.
(b) A State may petition (e.g., as part of its authorization petition submitted to EPA under § 271.5 of this chapter or by a separate submission) EPA to allow the use of used oil (that is not mixed with hazardous waste and does not exhibit a characteristic other than ignitability) as a dust suppressant. The State must show that it has a program in place to prevent the use of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of use as a dust suppressant on the environment.
(c) List of States. [Reserved]
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 279.82