Section 739.154  Used Oil Management

A used oil processor is subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart F.  A used oil processor or re-refiner is also subject to the Underground Storage Tank (35 Ill. Adm. Code 731) 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 F.

a)         Management Units.  A used oil processor may not store used oil in units other than tanks, containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.

b)         Condition of Units.  The following must be true of containers and aboveground tanks used to store or process used oil at a processing facility:

1)         The containers must be in good condition (no severe rusting, apparent structural defects or deterioration); and

2)         The containers may not be leaking (no visible leaks).

c)         Secondary Containment for Containers.  Containers used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system.

1)         The secondary containment system must consist of the following, at a minimum:

A)        Both of the following:

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

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, groundwater, or surface water.

d)         Secondary Containment for Existing Aboveground Tanks.  Existing aboveground tanks used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system.

1)         The secondary containment system must consist of the following, at a minimum:

A)        Both of the following:

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

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, groundwater, or surface water.

e)         Secondary Containment for New Aboveground Tanks.  New aboveground tanks used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system.

1)         The secondary containment system must consist of the following, at a minimum:

A)        Both of the following:

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

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, groundwater, or surface water.

f)         Labels

1)         Containers and aboveground tanks used to store used oil at processing 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 processing facilities must be labeled or marked clearly with the words "Used Oil".

g)         Response to Releases.  Upon detection of a release of used oil to the environment that is not subject to the federal requirements of subpart F of 40 CFR 280 and which has occurred after October 4, 1996, a processor must perform the following cleanup steps:

BOARD NOTE:  Corresponding 40 CFR 279.54(g) applies to releases that "occurred after the effective date of the authorized used oil program for the State in which the release is located".  The Board adopted the used oil standards in docket R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4, 1996.  The Board has interpreted "the effective date of the authorized used oil program" to mean the October 4, 1996 date of federal authorization of the Illinois program, and we substituted that date for the federal effective date language.  Had USEPA written something like "the effective date of the used oil program in the authorized State in which the release is located", the Board would have used the November 22, 1993 effective date of the Illinois used oil standards.

1)         Stop the release;

2)         Contain the released used oil;

3)         Properly clean up and manage 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.

h)         Closure

1)         Aboveground Tanks.  An owner or operator that stores or processes used oil in aboveground tanks must comply with the following requirements:

A)        At closure of a tank system, the owner or operator must remove or decontaminate used oil residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under this chapter.

B)        If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (h)(1)(A), then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills (35 Ill. Adm. Code 725.410).

2)         Containers.  An owner or operator that stores used oil in containers must comply with the following requirements:

A)        At closure, containers holding used oils or residues of used oil must be removed from the site;

B)        The owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste 35 Ill. Adm. Code 721.

(Source:  Amended at 43 Ill. Reg. 667, effective November 19, 2018)