Section 329IAC13-7-5. Used oil management

   (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 265.

  (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.

(Solid Waste Management Division; 329 IAC 13-7-5; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1506; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jan 22, 2001, 9:46 a.m.: 24 IR 1620; errata filed Mar 19, 2001, 10:31 a.m.: 24 IR 2470)