[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: 40CFR279.64]

[Page 447-448]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents
 
  Subpart G--Standards for Used Oil Burners Who Burn Off-Specification 
                      Used Oil for Energy Recovery
 
Sec. 279.64  Used oil storage.

    Used oil burners are subject to all applicable Spill Prevention, 
Control and Countermeasures (40 CFR part 112) in addition to the 
requirements of this subpart. Used oil burners 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) Storage units. Used oil burners may not store used oil in units 
other than tanks, containers, or units subject to regulation under parts 
264 or 265 of this chapter.
    (b) Condition of units. Containers and aboveground tanks used to 
store oil at burner facilities must be:
    (1) In good condition (no severe rusting, apparent structural 
defects or deterioration); and
    (2) Not leaking (no visible leaks).
    (c) Secondary containment for containers. Containers used to store 
used oil at burner 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.
    (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) Secondary containment for existing aboveground tanks. Existing 
aboveground tanks used to store used oil at burner 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 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) Secondary containment for existing aboveground tanks. New 
aboveground tanks used to store used oil at burner facilities must be 
equipped with a secondary containment system.

[[Page 448]]

    (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 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 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.''
    (g) Response to releases. Upon the 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, a burner 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]