Section 329IAC13-8-5. Used oil storage

   (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 265.

  (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.

(Solid Waste Management Division; 329 IAC 13-8-5; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1510; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jan 22, 2001, 9:46 a.m.: 24 IR 1622; errata filed Mar 19, 2001, 10:31 a.m.: 24 IR 2470)