The State shall have standards for used oil management which are equivalent to 40 CFR part 279. These standards shall include:
(a) Standards for used oil generators which are equivalent to those under subpart C of part 279 of this chapter;
(b) Standards for used oil collection centers and aggregation points which are equivalent to those under subpart D of part 279 of this chapter;
(c) Standards for used oil transporters and transfer facilities which are equivalent to those under subpart E of part 279 of this chapter;
(d) Standards for used oil processors and re-refiners which are equivalent to those under subpart F of part 279 of this chapter;
(e) Standards for used oil burners who burn off-specification used oil for energy recovery which are equivalent to those under subpart G of part 279 of this chapter;
(f) Standards for used oil fuel marketers which are equivalent to those under subpart H of part 279 of this chapter; and
(g) Standards for use as a dust suppressant and disposal of used oil which are equivalent to those under subpart I of part 279 of this chapter. A State may petition (e.g., as part of its authorization petition submitted to EPA under §271.5) 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.
(h)
(1) Unless otherwise provided in part 271, state programs shall have standards for the marketing and burning of used oil for energy recovery that are at least as stringent as the requirements and prohibitions that EPA adopted on November 29, in 40 CFR part 266, subpart E of this chapter. The part 279 of this chapter requirements specified in Table 1 (except those provisions identified in footnotes 1 and 2 of Table 1) are Federally enforceable in those states that have not adopted state requirements equivalent to 40 CFR part 279, subparts G and H of this chapter requirements and have not been authorized to enforce the state requirements.
Table 1—Regulations Adopted November 29, 1985 Regarding the Burning of Used Oil for Energy Recovery
[These part 279 provisions will continue to be enforced by EPA]
| Former provisions of 40 CFR part 266, subpart E (1992) | Recodified provisions within 40 CFR part 279 |
|---|---|
| Sec. 266.40(a) | Sec. 279.60(a) |
| Sec. 266.40(b) | Sec. 279.11 |
| Sec. 266.40(c) [rebuttable presumption] | Sec. 279.63(a), (b) and (c)2 |
| Sec. 266.40(d)(1) and (2) | Sec. 279.10(b)(2) and (3) |
| Sec. 266.40(e) | Sec. 279.11 |
| Sec. 279.60(c) | |
| Sec. 266.41(a)(1) and (2) | Sec. 279.71 |
| 266.41(b)(1) and (2) | Sec. 279.61(a) |
| 279.23(a) | |
| Sec. 266.42(a) | Sec. 279.60(a) |
| Sec. 266.42(b) | Sec. 279.70(a) |
| Sec. 266.42(c) | Sec. 279.60(a) |
| Sec. 266.43(a)(1) | Sec. 279.70(a) and (b)(1) |
| Sec. 266.43(a)(2) | Sec. 279.70(b)(2) |
| Sec. 266.43(b)(1) | Sec. 279.72(a) |
| Sec. 266.43(b)(2) | Sec. 279.71 |
| Sec. 266.43(b)(3) | Sec. 279.73(a) |
| Sec. 266.43(b)(4)(i-v) | Sec. 279.74(a) |
| Sec. 266.43(b)(4)(vi) | not included |
| Sec. 266.43(b)(5)(i) and (ii) | Sec. 279.75(a) |
| Sec. 266.43(b)(6)(i) | Sec. 279.74(b) and (c) |
| 279.72(b) | |
| Sec. 266.43(b)(6)(ii) | Sec. 279.74(a) |
| Sec. 279.75(b) | |
| Sec. 266.44(a) | Sec. 279.61(a) |
| Sec. 279.23(a) | |
| Sec. 266.44(b) | Sec. 279.62(a) |
| Sec. 266.44(c) | Sec. 279.66(a) |
| Sec. 266.44(d) | Sec. 279.72(a) |
| Sec. 266.44(e) | Sec. 279.65(a) and (b) |
| Sec. 279.66(b) | |
| Sec. 279.72(b) |
1Contains additional new definitions that were not included in the 1985 rule.
2Paragraphs (c)(1) and (2) of §279.63 contain new exemptions from the rebuttable presumption that were not part of the 1985 rule.
(2) In states that have not been authorized for the RCRA base program, all requirements of Part 279 will be Federally enforceable effective March 8, 1993.
[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26424, May 3, 1993]
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