§ 298.22. Waste oil storage.

 (a)  Storage units. A waste oil generator 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. A container or aboveground storage tank used to store waste oil at generator facilities shall meet the following requirements:

   (1)  Be in good condition. For example, containers and aboveground storage tanks may not exhibit severe rusting, apparent structural defects or deterioration.

   (2)  Not leaking (no visible leaks).

 (c)  Labels.

   (1)  Except as provided in paragraphs (2) and (3), a container or aboveground storage tank used to store waste oil at generator 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)  Containers used in transportation may be labeled or marked with the words “used oil,” instead of “waste oil,” or the words required by a receiving state if the containers and vehicles are destined for recycling or disposal outside of this Commonwealth. If a person accepts waste oil from or delivers waste oil to a generator, transfer facility, or processor/rerefiner in this Commonwealth in a container used in transportation, paragraph (1) or (2) shall be met.

   (4)  Fill pipes used to transfer waste oil into underground storage tanks at generator 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.

 (d)  Additional requirements for storage tanks. Storage tanks used to store waste oil shall be designed and operated in accordance with §  299.122(b) and (c) (relating to storage tanks). For existing aboveground storage tanks, an alternative design to secondary containment may be demonstrated where the tank meets the ground.

 (e)  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.

 (f)  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 generator shall perform the following cleanup steps:

   (1)  Stop the release.

   (2)  Contain the released waste oil.

   (3)  Clean up and manage properly 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.

 (g)  Additional requirements. In addition to the requirements of this subchapter, a waste oil generator 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 generators are subject to the applicable spill prevention, control and countermeasures (40 CFR Part 112 (relating to oil pollution prevention)) in addition to the requirements of this subchapter. Waste oil generators are also subject to the underground storage tank standards in Chapter 245 (relating to administration of the storage tank and spill prevention program) for waste oil stored in underground storage tanks whether or not the waste oil exhibits any characteristics of hazardous waste.



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