Current through Register Vol. 48, No. 38, September 20, 2024
A used oil processor is subject to all applicable Spill
Prevention, Control and Countermeasures ( 40 CFR 112) in addition to the
requirements of this Subpart F. A used oil processor or re-refiner is also
subject to the Underground Storage Tank (35 Ill. Adm. Code 731) standards for
used oil stored in underground tanks whether or not the used oil exhibits any
characteristics of hazardous waste, in addition to the requirements of this
Subpart F.
a) Management Units. A used
oil processor may not store used oil in units other than tanks, containers, or
units subject to regulation under 35 Ill. Adm. Code 724 or 725.
b) Condition of Units. The following must be
true of containers and aboveground tanks used to store or process used oil at a
processing facility:
1) The containers must
be in good condition (no severe rusting, apparent structural defects or
deterioration); and
2) The
containers may not be leaking (no visible leaks).
c) Secondary Containment for Containers.
Containers used to store or process used oil at processing and re-refining
facilities must be equipped with a secondary containment system.
1) The secondary containment system must
consist of the following, at a minimum:
A)
Both of the following:
i) Dikes, berms, or
retaining walls; and
ii) A floor.
The floor must cover the entire area within the dike, berm, or retaining wall;
or
B) An equivalent
secondary containment system.
2) The entire containment system, including
walls and floor, must be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater, or surface water.
d) Secondary Containment for Existing
Aboveground Tanks. Existing aboveground tanks used to store or process used oil
at processing and re-refining facilities must be equipped with a secondary
containment system.
1) The secondary
containment system must consist of the following, at a minimum:
A) Both of the following:
i) Dikes, berms, or retaining walls;
and
ii) A floor. The floor must
cover the entire area within the dike, berm, or retaining wall except areas
where existing portions of the tank meet the ground; or
B) An equivalent secondary containment
system.
2) The entire
containment system, including walls and floor, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from
migrating out of the system to the soil, groundwater, or surface
water.
e) Secondary
Containment for New Aboveground Tanks. New aboveground tanks used to store or
process used oil at processing and re-refining facilities must be equipped with
a secondary containment system.
1) The
secondary containment system must consist of the following, at a minimum:
A) Both of the following:
i) Dikes, berms, or retaining walls;
and
ii) A floor. The floor must
cover the entire area within the dike, berm, or retaining wall; or
B) An equivalent secondary
containment system.
2)
The entire containment system, including walls and floor, must be sufficiently
impervious to used oil to prevent any used oil released into the containment
system from migrating out of the system to the soil, groundwater, or surface
water.
f) Labels
1) Containers and aboveground tanks used to
store used oil at processing facilities must be labeled or marked clearly with
the words "Used Oil".
2) Fill pipes
used to transfer used oil into underground storage tanks at processing
facilities must be labeled or marked clearly with the words "Used
Oil".
g) Response to
Releases. Upon detection of a release of used oil to the environment that is
not subject to the federal requirements of subpart F of 40 CFR 280 and which
has occurred after October 4, 1996, a processor must perform the following
cleanup steps:
BOARD NOTE: Corresponding
40 CFR
279.54(g) applies to
releases that "occurred after the effective date of the authorized used oil
program for the State in which the release is located". The Board adopted the
used oil standards in docket R93-4 at 17 Ill. Reg. 20954, effective November
22, 1993. USEPA approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5,
1996), effective October 4, 1996. The Board has interpreted "the effective date
of the authorized used oil program" to mean the October 4, 1996 date of federal
authorization of the Illinois program, and we substituted that date for the
federal effective date language. Had USEPA written something like "the
effective date of the used oil program in the authorized State in which the
release is located", the Board would have used the November 22, 1993 effective
date of the Illinois used oil standards.
1) Stop the release;
2) Contain the released used oil;
3) Properly clean up and manage the released
used oil and other materials; and
4) If necessary, repair or replace any
leaking used oil storage containers or tanks prior to returning them to
service.
h) Closure
1) Aboveground Tanks. An owner or operator
that stores or processes used oil in aboveground tanks must comply with the
following requirements:
A) At closure of a
tank system, the owner or operator must remove or decontaminate used oil
residues in tanks, contaminated containment system components, contaminated
soils, and structures and equipment contaminated with used oil, and manage them
as hazardous waste, unless the materials are not hazardous waste under this
chapter.
B) If the owner or
operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in subsection (h)(1)(A), then the owner
or operator must close the tank system and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to
hazardous waste landfills (35 Ill. Adm. Code
725.410
).
2) Containers. An
owner or operator that stores used oil in containers must comply with the
following requirements:
A) At closure,
containers holding used oils or residues of used oil must be removed from the
site;
B) The owner or operator must
remove or decontaminate used oil residues, contaminated containment system
components, contaminated soils, and structures and equipment contaminated with
used oil, and manage them as hazardous waste, unless the materials are not
hazardous waste 35 Ill. Adm. Code 721.
