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
State's underground storage tank standards and any applicable federal 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 or more than 35 days are subject
to regulation under subpart F of this part.
(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);
(2) Not leaking (no visible leaks);
and
(3) Closed.
(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.
(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, the
owner/operator shall 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.
Notes
Haw. Code R. §§
11-279.45
[Eff
7/17/2017] (Auth; HRS §§
342J-4,
342J-13,
342J-31,
342J-35,
342J-52)
(Imp: HRS §§
342J-4,
342J-9,
342J-10,
342J-31,
342J-35,
342J-52,
342J-53,
342J-54)
Am
and Comp 9/30/2018
Comp
6/25/2020
Comp
6/7/2021
Comp
1/29/2024