Current through Register Vol. 48, No. 9, September 27, 2024
a. Used
oil processors/re-refiners may not store used oil in units other than tanks,
containers, or units subject to regulation under R.61-79.264 or 265.
b. Containers and aboveground tanks used to
store or process used oil at processing and re-refining facilities must be:
(1) In good condition (no severe rusting,
apparent structural defects or deterioration); and
(2) Not leaking (no visible leaks).
(3) Closed to prevent spillage and
contamination from precipitation.
c. Containers and tanks used to store or
process used oil at processing and re-refining facilities must be equipped with
a secondary containment system capable of retaining the volumetric contents of
the largest container.
(1) The secondary
containment system must consist of, at a minimum:
(a) Dikes, berms or retaining walls;
and
(b) A floor. The floor must
cover the entire area within the dike, berm, or retaining wall.
(c) An equivalent secondary containment
system approved by the Department.
(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. Existing aboveground tanks used to store
or process used oil at processing and re-refining facilities must be equipped
with a secondary containment system capable of retaining the volumetric
contents of the largest tank.
(1) The
secondary containment system must consist of, at a minimum:
(a) Dikes, berms or retaining walls;
and
(b) 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
(c) An equivalent secondary containment
system approved by the Department.
(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. New aboveground tanks used to store or
process used oil at processing and re-refining facilities must be equipped with
a secondary containment system capable of retaining the volumetric contents of
the largest tank.
(1) The secondary
containment system must consist of, at a minimum:
(a) Dikes, berms or retaining walls;
and
(b) A floor. The floor must
cover the entire area within the dike, berm, or retaining wall; or
(c) An equivalent secondary containment
system approved by the Department.
(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 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."
g. Upon detection of a release of used oil to
the environment not subject to the requirements of R.61-79.280 Subpart F, an
owner/operator must perform the following cleanup steps:
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly 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.
(5) Further assessment and
remediation, if necessary, shall be directed by the Department.
h. Closure requirements.
(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 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 regulation. Further assessment and
remediation, if necessary, shall be directed by the Department.
(b) If the owner or operator demonstrates
that not all contaminated soils can be practicably removed or decontaminated as
required in paragraph h. (1)(a) of this section, 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 (R.61-79.265.310).
(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 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 under R.61-79.261.