---
kind: "section"
citation: "40 C.F.R. § 279.12"
title: "40"
number: "279.12"
heading: "Prohibitions."
url: "https://uscodex.org/cfr/40/279.12"
---

# §279.12. Prohibitions.

- (a) **Surface impoundment prohibition.** Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under parts [264](/cfr/40/part264.md) or [265](/cfr/40/part265.md) of this chapter.
- (b) **Use as a dust suppressant.** The use of used oil as a dust suppressant is prohibited, except when such activity takes place in one of the states listed in [§ 279.82(c)](/cfr/40/279.82.md?p=c).
- (c) **Burning in particular units.** Off-specification used oil fuel may be burned for energy recovery in only the following devices:
  - (1) Industrial furnaces identified in [§ 260.10](/cfr/40/260.10.md) of this chapter;
  - (2) Boilers, as defined in [§ 260.10](/cfr/40/260.10.md) 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](/cfr/40/279.23.md).
  - (3) Hazardous waste incinerators subject to regulation under [subpart O of parts 264](/cfr/40/part264-subpartO.md) or 265 of this chapter.

## Notes

### Amendments

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]

### Authority

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(a), 6921 through 6927, 6930, 6934, and 6974); and sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and 9614(c)).

### Source

Source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted.

### Amendments

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]