[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR279.45]



[Page 488-489]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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.



[[Page 489]]



    (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.

    (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]