Current through March 20, 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 264; 40 CFR 265; 40 CFR 280
Sec. 5.
(a) In
addition to the requirements of this rule, used oil burners 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 burners 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 oil at burner 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 used oil at burner facilities must be equipped with a secondary
containment system. The secondary containment system must:
(1) consist of, at a minimum:
(A) dikes, berms, or retaining walls;
and
(B) the floor must cover the
entire area within the dike, berm, or retaining wall; and
(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 a burner facility, whichever is greater.
(e) Existing aboveground tanks
used to store used oil at burner 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 used oil at burner 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
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 used oil at burner 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 burner 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, a burner 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) Communicate a spill report in accordance
with 327 IAC 2-6.1.
(5) If
necessary, repair or replace any leaking used oil storage containers or tanks
prior to returning them to service.
