Current through September 18, 2024
Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3
Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22;
IC 13-23; IC 13-30; 40 CFR 112; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR
280
Sec. 5.
(a) In
addition to the requirements of this rule, used oil processors or re-refiners
are also subject to the following:
(1) All
applicable spill prevention, control, and countermeasures found at 40 CFR
112.
(2) The underground storage
tank standards found at 40 CFR 280 for used oil stored in underground tanks
whether or not the used oil exhibits any characteristics of hazardous
waste.
(3) All applicable
regulations of the Indiana fire prevention and building safety
commission.
(b) Used oil
processors or re-refiners may not store used oil in units other than tanks,
containers, or units subject to regulation under 40 CFR 264 or 40 CFR 26Sec.
5.
(c) Containers and aboveground
tanks used to store or process used oil at processing and re-refining
facilities must:
(1) be in good condition
with no severe rusting, apparent structural defects, or deterioration;
and
(2) not be leaking (no visible
leaks).
(d) Containers
used to store or process used oil at processing and re-refining facilities must
be equipped with a secondary containment system and meet the following
requirements:
(1) The secondary containment
system must consist of, at a minimum:
(A)
dikes, berms, or retaining walls, and a floor that 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, ground water, or surface
water.
(3) The secondary
containment system must be able to contain either at least ten percent (10%) of
the total volume of the containers used to store used oil or the volume of the
largest container used to store used oil at processing or re-refining
facilities, whichever is greater.
(e) Existing aboveground tanks used to store
or process used oil at processing and re-refining facilities must be equipped
with a secondary containment system and meet the following requirements:
(1) The secondary containment system must
consist of, at a minimum:
(A) dikes, berms, or
retaining walls, and a floor that 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, ground water, or surface water.
(3) The secondary containment system must be
designed or operated to contain one hundred percent (100%) of the capacity of
the largest tank within the secondary containment boundary.
(f) New aboveground tanks used to
store or process used oil at processing and re-refining facilities must be
equipped with a secondary containment system and meet the following
requirements:
(1) The secondary containment
system must consist of, at a minimum:
(A)
dikes, berms, or retaining walls, and 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, ground water, or surface
water.
(3) The secondary
containment system must be designed or operated to contain one hundred percent
(100%) of the capacity of the largest tank within the secondary containment
boundary.
(g)
Requirements for labels shall be as follows:
(1) Containers and aboveground tanks used to
store or process used oil at processing and re-refining 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 and re-refining facilities must be
labeled or marked clearly with the words "Used Oil".
(h) Upon detection of a release of used oil
to the environment not subject to the requirements of 40 CFR 280, Subpart F,
which has occurred after the effective date of this article, an owner or
operator must perform the following clean-up steps:
(1) Stop the release.
(2) Contain the released used oil.
(3) Clean up and manage properly the released
used oil and other materials.
(4)
If necessary, repair or replace any leaking used oil storage containers or
tanks prior to returning them to service.
(i) Requirements for closure shall be as
follows:
(1) Owners and operators who store
or process 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:
(i) used oil residues in tanks;
(ii) contaminated containment system
components;
(iii) contaminated
soils; and
(iv) structures and
equipment contaminated with used oil;
and manage them as hazardous waste unless the materials are
not hazardous waste under 40 CFR 261.
(B) If the owner or operator demonstrates
that not all contaminated soils can be practicably removed or decontaminated as
required in clause (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 of
40 CFR
265.310 that apply to hazardous waste
landfills.
(2) Owners
and operators who store 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:
(i) used oil
residues;
(ii) contaminated
containment system components;
(iii) contaminated soils; and
(iv) structures and equipment contaminated
with used oil; and manage them as hazardous waste unless the materials are not
hazardous waste under 40 CFR 261.
