§ 298.54. Waste oil management.
(a) Management units. Waste oil processor/rerefiners may not store waste oil in units other than tanks, containers, or units subject to regulation under Chapters 264a or 265a (relating to owners and operators of hazardous waste treatment, storage and disposal facilities; and interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
(b) Condition of units. A container or aboveground tank used to store or process waste oil at waste oil processing and rerefining facilities shall meet the following conditions:
(1) Be in good condition. For example, containers and aboveground storage tanks may not exhibit severe rusting, apparent structural defects or deterioration.
(2) Not leaking (no visible leaks).
(c) Secondary containment for containers. A container used to store or process waste oil at waste oil processing and rerefining facilities shall be equipped with a secondary containment system.
(1) The secondary containment system shall consist of one of the following:
(i) Dikes, berms or retaining walls and a floor. The floor shall cover the entire area within the dike, berm or retaining wall.
(ii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, shall be sufficiently impervious to the migration of waste oil to prevent any waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.
(d) Additional requirements for containers. The total container height of a group of containers may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which ensures access for purposes of inspection, containment and remedial action with emergency vehicles and equipment.
(e) Additional requirements for storage tanks. Storage tanks used to store waste oil shall be designed and operated in accordance with § 299.122(b) (relating to storage tanks). For existing aboveground storage tanks, an alternative design to secondary containment may be demonstrated where the tank meets the ground.
(f) Labels.
(1) Except as provided in paragraphs (2) and (3), a container or aboveground tank used to store waste oil at processing and rerefining facilities shall be labeled or marked clearly with the words “waste oil” by no later than December 2, 2001.
(2) Containers or aboveground storage tanks which are labeled or marked with the words “used oil” on June 2, 2001, shall be labeled or marked with the words “waste oil” by no later than June 2, 2003.
(3) Containers used in transportation may be labeled or marked with the words “used oil,” instead of “waste oil,” or the words required by a receiving state if the containers and vehicles are destined for recycling or disposal outside of this Commonwealth. If a person accepts waste oil from or delivers waste oil to a generator, transfer facility, or processor/rerefiner in pennsylvania in a container used in transportation, paragraph (1) or (2) shall be met.
(4) Fill pipes used to transfer waste oil into underground storage tanks at processing or rerefining facilities shall be labeled or marked clearly with the words “waste oil” by no later than December 2, 2001. Fill pipes which are labeled or marked with the words “used oil” on June 2, 2001, shall be labeled or marked with the words “waste oil” by no later than June 2, 2003.
(g) Response to releases. Upon detection of a release of waste oil to the environment not subject to Chapter 245, Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) which has occurred after June 2, 2001. An owner or operator shall perform the following cleanup steps:
(1) Stop the release.
(2) Contain the released waste oil.
(3) Clean up and properly manage the released waste oil and other materials.
(4) If necessary, repair or replace any leaking waste oil storage containers or tanks prior to returning them to service.
(h) Closure.
(1) Aboveground storage tanks. The owner and operator who stores or processes waste oil in an aboveground tank shall comply with the following requirements:
(i) At closure of a tank system, the owner or operator shall remove or decontaminate waste oil residues in tanks, contaminated containment system components, contaminated soils and structures and equipment contaminated with waste oil, and manage them as hazardous waste, unless the materials are not hazardous waste under this chapter.
(ii) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (i)(1)(i), the owner or operator shall close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements that apply to hazardous waste landfills. (See 40 CFR 265.310 (relating to closure and post-closure care), incorporated by reference in § 265a.1 (relating to incorporation by reference, purpose, scope and applicability).
(2) Containers. An owner or operator who store waste oil in containers shall comply with the following requirements:
(i) At closure, containers holding waste oils or residues of waste oil shall be removed from the site.
(ii) The owner or operator shall remove or decontaminate waste oil residues, contaminated containment system components, contaminated soils and structures and equipment contaminated with waste oil, and manage them as hazardous waste, unless the materials are not hazardous waste under Chapter 261a (relating to identification and listing of hazardous waste).
(i) Additional requirements. In addition to the requirements of this subchapter, waste oil processor/rerefiners are subject to all applicable spill prevention, control and countermeasures (40 CFR Part 112), 40 CFR Part 264, Subparts C and D (relating to preparedness and prevention; and contingency plan and emergency procedures), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and modified in § 264a.56 (relating to emergency procedures). In addition to the requirements of this subchapter, a waste oil processor/rerefiner is also subject to the underground storage tank standards in Chapter 245 (relating to administration of the storage tank and spill prevention program) for waste oil stored in underground storage tanks whether or not the waste oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subchapter.
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