[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR279.45]

[Page 436-437]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
  Subpart E--Standards for Used Oil Transporter and Transfer Facilities
 
Sec. 279.45  Used oil storage at transfer facilities.

    Used oil transporters are subject to all applicable Spill 
Prevention, Control and Countermeasures (40 CFR part 112) in addition to 
the requirements of this subpart. Used oil transporters are also subject 
to the Underground Storage Tank (40 CFR part 280) standards for used oil 
stored in underground tanks whether or not the used oil exhibits any 
characteristics of hazardous waste, in addition to the requirements of 
this subpart.
    (a) Applicability. This section applies to used oil transfer 
facilities. Used oil transfer facilities are transportation related 
facilities including loading docks, parking areas, storage areas, and 
other areas where shipments of used oil are held for more than 24 hours 
during the normal course of transportation and not longer than 35 days. 
Transfer facilities that store used oil for more than 35 days are 
subject to regulation under subpart F of this chapter.
    (b) Storage units. Owners or operators of used oil transfer 
facilities may not store used oil in units other than tanks, containers, 
or units subject to regulation under parts 264 or 265 of this chapter.
    (c) Condition of units. Containers and aboveground tanks used to 
store used oil at transfer facilities must be:
    (1) In good condition (no severe rusting, apparent structural 
defects or deterioration); and
    (2) Not leaking (no visible leaks).
    (d) Secondary containment for containers. Containers used to store 
used oil at transfer facilities must be equipped with a secondary 
containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dikes, 
berms, or retaining walls; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floors, 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) Secondary containment for existing aboveground tanks. Existing 
aboveground tanks used to store used oil at transfer facilities must be 
equipped with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) 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
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floors, 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) Secondary containment for new aboveground tanks. New aboveground 
tanks used to store used oil at transfer facilities must be equipped 
with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floors, 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.

[[Page 437]]

    (g) Labels. (1) Containers and aboveground tanks used to store used 
oil at transfer 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 transfer facilities must be labeled or marked clearly with the 
words ``Used Oil.''
    (h) Response to releases. Upon detection of a release of used oil to 
the environment that is not subject to the requirements of part 280, 
subpart F of this chapter and which has occurred after the effective 
date of the recycled used oil management program in effect in the State 
in which the release is located, the owner/operator of a transfer 
facility 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.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 
FR 24969, May 6, 1998]