Section 298.64. Waste oil storage

(a) Storage units. A waste oil burner may not store waste oil in units other than tanks, containers or units subject to regulation under Chapter 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. Containers and aboveground storage tanks used to store oil at burner facilities shall meet the following conditions:

(1) Be in good condition. For example, containers and aboveground storage tanks shall 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 waste oil at burner 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 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 paragraph (2), a container or aboveground tank used to store waste oil at burner 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) Fill pipes used to transfer waste oil into underground storage tanks at burner 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, a burner 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) Repair or replace any leaking waste oil storage containers or tanks prior to returning them to service, if necessary.

(h) In addition to the requirements of this subchapter, a waste oil burner shall maintain, in a readily accessible place at the facility, a copy of a preparedness, prevention and contingency (PPC) plan that is consistent with the Department’s most recent guidelines for development and implementation of PPC plans. Waste oil burners are subject to all applicable spill prevention, control and countermeasures (40 CFR Part 112 (relating to oil pollution prevention)) in addition to the requirements of this subchapter. A waste oil burner is also subject to the underground storage tank standards for waste oil stored in underground storage tanks in Chapter 245 (relating to administration of the storage tank and spill prevention program) whether or not the waste oil exhibits any characteristics of hazardous waste.