§ 298.45. Waste oil storage at transfer facility.
(a) Applicability. This section applies to a waste oil transfer facility. A waste oil transfer facility is a transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of waste oil are received or held during normal course of transportation.
(b) Permits.
(1) The owners or operators of a transfer facility shall obtain a permit issued under Chapters 287 and 293 (relating to residual waste management—general provisions; and transfer facilities for residual waste).
(2) A general permit is only available if all of the following are met:
(i) The owner or operator of the waste oil transfer facility is responsible for transporting the waste oil from the generator to the transfer facility or the waste oil is from a household do-it-yourselfer waste oil generator.
(ii) The owner or operator of the waste oil transfer facility only:
(A) Consolidates/aggregates waste oil.
(B) Conducts incidental waste oil processing operations that occur in the normal course of waste oil transportation or in a single consolidation tank.
(3) The owners or operators of a waste oil transfer facility authorized prior to June 2, 2001 by a general permit issued prior to June 2, 2001, may continue to operate the facility under the general permit for the term of the permit. At the end of the permit term, this general permit is not renewable. The owner or operator of the transfer facility may only continue to operate the facility after the term has expired on the general permit if the owner or operator has obtained an individual permit issued under Chapters 287 and 293.
(4) A copy of the protocol for satisfying the requirements of § 298.44 (relating to rebuttable presumption for waste oil and flashpoint screening) shall be maintained at a facility operating under paragraph (2) or (3).
(c) Storage units. The owner or operator of a waste oil transfer facility 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).
(d) Condition of units. A container or aboveground storage tank used to store waste oil at transfer 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).
(e) Secondary containment for containers. A container used to store waste oil at transfer 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 dikes, berms or retaining walls.
(ii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floors, shall be sufficiently impervious to the migration of waste oil to prevent any waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.
(f) 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.
(g) 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.
(h) Labels.
(1) Except as provided in paragraphs (2) and (3), a container or aboveground tank used to store waste oil at transfer 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 transfer 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.
(i) 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, the owner or operator of a transfer facility 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) If necessary, repair or replace any leaking waste oil storage containers or tanks prior to returning them to service.
(j) Additional requirements. In addition to the requirements of this subchapter, a waste oil transfer facility is subject to § § 293.109 and 293.241—293.243. Waste oil transfer facilities 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 transfer facility is 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.
Cross References This section cited in 25 Pa. Code § 298.41 (relating to restrictions on transporters and transfer facilities who are not also processors or refiners).
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