TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 739
STANDARDS FOR THE MANAGEMENT OF USED OIL
SUBPART A:
Section
739.100
SUBPART B:
Section
739.110
739.111
739.112
739.113
DEFINITIONS
Definitions
APPLICABILITY
Applicability
Used Oil Specifications
Prohibitions
Electronic Reporting
SUBPART C: STANDARDS FOR USED OIL GENERATORS
Section
739.120
739.121
739.122
739.123
739.124
Applicability
Hazardous Waste Mixing
Used Oil Storage
On-Site Burning in Space Heaters
Off-Site Shipments
SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS
AND AGGREGATION POINTS
Section
?
739.130
?
Do-It-Yourselfer Used Oil Collection Centers
?
739.131
?
Used Oil Collection Centers
?
739.132
?
Used Oil Aggregate Points Owned by the Generator
SUBPART E: STANDARDS FOR USED OIL TRANSPORTER
AND TRANSFER FACILITIES
Section
739.140
739.141
739.142
739.143
739.144
739.145
739.146
739.147
SUBPART F:
Section
739.150
739.151
739.152
Applicability
Restrictions on Transporters that Are Not Also Processors
Notification
Used Oil Transportation
Rebuttable Presumption for Used Oil
Used Oil Storage at Transfer Facilities
Tracking
Management of Residues
STANDARDS FOR USED OIL PROCESSORS
Applicability
Notification
General Facility Standards
739.153?
Rebuttable Presumption for Used Oil
739.154
?
Used Oil Management
739.155?
Analysis Plan
739.156?
Tracking
739.157
?
Operating Record and Reporting
739.158
?
Off-Site Shipments of Used Oil
739.159
?
Management of Residues
SUBPART G: STANDARDS FOR USED OIL BURNERS THAT BURN
OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY
Section
739.160?
Applicability
739.161?
Restriction on Burning
739.162
?
Notification
739.163?
Rebuttable Presumption for Used Oil
739.164
?
Used Oil Storage
739.165?
Tracking
739.166?
Notices
739.167?
Management of Residues
SUBPART H: STANDARDS FOR USED OIL FUEL MARKETERS
Section
739.170?
Applicability
739.171?
Prohibitions
739.172
?
On-Specification Used Oil Fuel
739.173?
Notification
739.174?
Tracking
739.175?
Notices
SUBPART I: DISPOSAL OF USED OIL
Section
739.180
?
Applicability
739.181?
Disposal
739.182?
Use As a Dust Suppressant
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of
the Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R93-4 at 17 Ill. Reg. 20954, effective Nov.November 22,
1993; amended in R93-16 at 18 Ill. Reg. 6931, effective April 26, 1994; amended
in R94-17 at 18 Ill. Reg. 17616, effective Nov.November 23, 1994; amended in
R95-6 at 19 Ill. Reg. 10036, effective June 27, 1995; amended in R96-10/R97-
3/R97-5 at 22 Ill. Reg. 767, effective December 16, 1997; amended in R98-21/R99-
2/R99-7 at 23 Ill. Reg. 2274, effective January 19, 1999; amended in R04-16 at
28 Ill. Reg. 10706, effective July 19, 2004; amended in R06-5/R06-6/R06-7 at 30
Ill. Reg. 4094, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at
31 Ill. Reg. 1413, effective December 20, 2006; amended in R07-5/R07-14 at 32
SUBPART
Ill. Reg.B: ?
APPLICABILITY--,
effective
?
Section 739.110?
Applicability
This Section identifies those materials that are subject to regulation as used
oil under this Part. This Section also identifies some materials that are not
subject to regulation as used oil under this Part, and indicates whether these
materials may be subject to regulation as hazardous waste under 35 Ill. Adm.
Code 702, 703, and 720 through 728.
a)
Used oil. Used oil is presumed to be recycled, unless a used oil handler
disposes of used oil or sends used oil for disposal. Except as provided in
Section 739.111, the regulations of this Part apply to used oil and to materials
identified in this Section as being subject to regulation as used oil, whether
or not the used oil or material exhibits any characteristics of hazardous waste
identified in Subpart C of 35 Ill. Adm. Code 721.
b)
Mixtures of used oil and hazardous waste.
1)?
Listed hazardous waste.
A)
A mixture of used oil and hazardous waste that is listed in Subpart D of
35 Ill. Adm. Code 721 is subject to regulation as hazardous waste under 35 Ill.
Adm. Code 702, 703, and 720 through 728, rather than as used oil under this
Part.
B)
Rebuttable presumption for used oil. Used oil containing more than 1,000
ppm total halogens is presumed to be a hazardous waste because it has been mixed
with halogenated hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721.
An owner or operator may rebut this presumption by demonstrating that the used
oil does not contain hazardous waste (for example, by showing that the used oil
does not contain significant concentrations of halogenated hazardous
constituents listed in Appendix H of 35 Ill. Adm. Code 721).
i)
This rebuttable presumption does not apply to metalworking oils or fluids
containing chlorinated paraffins, if they are processed, through a tolling
arrangement as described in Section 739.124(c), to reclaim metalworking oils or
fluids. This presumption does apply to metalworking oils or fluids if such oils
or fluids are recycled in any other manner, or disposed.
ii) This rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation. This rebuttable presumption does apply to used oils
contaminated with CFCs that have been mixed with used oil from sources other
than refrigeration units.
2)?
Characteristic hazardous waste. A mixture of used oil and hazardous waste
that solely exhibits a—one or more of the hazardous waste characteristic
characteristics identified in Subpart C of 35 Ill. Adm. Code 721 and a mixture
of used oil and hazardous waste that is listed in Subpart D of this Part solely
because it exhibits one or more of the characteristics of hazardous waste
identified in Subpart C of 35 Ill. Adm. Code 721 is subject to the following:
A)
Except as provided in subsection (b)(2)(C) of this Section, regulation as
hazardous waste under 35 Ill. Adm. Code 702, 703, and 720 through 728 rather
than as used oil under this Part, if the resultant mixture exhibits any
characteristics of hazardous waste identified in Subpart C of 35 Ill. Adm. Code
721; or
B)
Except as provided in subsection (b)(2)(C) of this Section, regulation as
used oil under this Part, if the resultant mixture does not exhibit any
characteristics of hazardous waste identified under Subpart C of 35 Ill. Adm.
Code 721.
C)?
Regulation as used oil under this Part, if the mixture is of used oil and
a waste that is hazardous solely because it exhibits the characteristic of
ignitability (e.g., ignitable-only mineral spirits), provided that the resultant
mixture does not exhibit the characteristic of ignitability under 35 Ill. Adm.
Code 721.121.
3)
?
Conditionally exempt small quantity generator hazardous waste. A mixture
of used oil and conditionally exempt small quantity generator hazardous waste
regulated under 35 Ill. Adm. Code 721.105 is subject to regulation as used oil
under this Part.
c)?
Materials containing or otherwise contaminated with used oil.
1)
?
Except as provided in subsection (c)(2) of this Section, the following is
true of a material containing or otherwise contaminated with used oil from which
the used oil has been properly drained or removed to the extent possible so that
no visible signs of free-flowing oil remain in or on the material:
A)
The material is not used oil, so it is not subject to this Part, and
B)
If applicable, the material is subject to the hazardous waste regulations
of 35 Ill. Adm. Code 702, 703, and 720 through 728.
2)
?
A material containing or otherwise contaminated with used oil that is
burned for energy recovery is subject to regulation as used oil under this Part.
3)
?
Used oil drained or removed from materials containing or otherwise
contaminated with used oil is subject to regulation as used oil under this Part.
d)?
Mixtures of used oil with products.
1) Except as provided in subsection (d)(2) of this Section, mixtures of used
oil and fuels or other fuel products are subject to regulation as used oil under
this Part.
2)
Mixtures of used oil and diesel fuel mixed on-site by the generator of the
used oil for use in the generator's own vehicles are not subject to this Part
once the used oil and diesel fuel have been mixed. Prior to mixing, the used
oil is subject to the requirements of Subpart C of this Part.
e)?
Materials derived from used oil.
1) The following is true of materials that are reclaimed from used oil, which
are used beneficially, and which are not burned for energy recovery or used in a
manner constituting disposal (e.g., re-refined lubricants):
A) The materials are not used oil and thus are not subject to this Part, and
B)
The materials are not solid wastes and are thus not subject to the
hazardous waste regulations of 35 Ill. Adm. Code 702, 703, and 720 through 728,
as provided in 35 Ill. Adm. Code 721.103(e)(1).
2)?
Materials produced from used oil that are burned for energy recovery
(e.g., used oil fuels) are subject to regulation as used oil under this Part.
3)?
Except as provided in subsection (e)(4) of this Section, the following is
true of materials derived from used oil that are disposed of or used in a manner
constituting disposal:
A) The materials are not used oil and thus are not subject to this Part, and
B) The materials are solid wastes and thus are subject to the hazardous waste
regulations of 35 M. Adm. Code 702, 703, and 720 through 728 if the materials
are listed or identified as hazardous waste.
4)?
Used oil re-refining distillation bottoms that are used as feedstock to
manufacture asphalt products are not subject to this Part.
f)
Wastewater. Wastewater, the discharge of which is subject to regulation
under either Section 402 or Section 307(b) of the federal Clean Water Act
(including wastewaters at facilities that have eliminated the discharge of
wastewater), contaminated with de minimis quantities of used oil are not subject
to the requirements of this Part. For purposes of this subsection, "de minimis"
quantities of used oils are defined as small spills, leaks, or drippings from
pumps, machinery, pipes, and other similar equipment during normal operations or
small amounts of oil lost to the wastewater treatment system during washing or
draining operations. This exception will not apply if the used oil is discarded
as a result of abnormal manufacturing operations resulting in substantial leaks,
spills, or other releases, or to used oil recovered from wastewaters.
g)
Used oil introduced into crude oil pipelines or a petroleum refining
facility.
1)
Used oil mixed with crude oil or natural gas liquids (e.g., in a
production separator or crude oil stock tank) for insertion into a crude oil
pipeline is exempt from the requirements of this Part. The used oil is subject
to the requirements of this Part prior to the mixing of used oil with crude oil
or natural gas liquids.
2)
Mixtures of used oil and crude oil or natural gas liquids containing less
than one percent used oil that are being stored or transported to a crude oil
pipeline or petroleum refining facility for insertion into the refining process
at a point prior to crude distillation or catalytic cracking are exempt from the
requirements of this Part.
3) Used oil that is inserted into the petroleum refining process before crude
distillation or catalytic cracking without prior mixing with crude oil is exempt
from the requirements of this Part, provided that the used oil contains less
than one percent of the crude oil feed to any petroleum refining facility
process unit at any given time. Prior to insertion into the petroleum refining
process, the used oil is subject to the requirements of this Part.
4)
Except as provided in subsection (g) (5) of this Section, used oil that is
introduced into a petroleum refining facility process after crude distillation
or catalytic cracking is exempt from the requirements of this Part only if the
used oil meets the specification of Section 739.111. Prior to insertion into
the petroleum refining facility process, the used oil is subject to the
requirements of this Part.
5)
Used oil that is incidentally captured by a hydrocarbon recovery system or
wastewater treatment system as part of routine process operations at a petroleum
refining facility and inserted into the petroleum refining facility process is
exempt from the requirements of this Part. This exemption does not extend to
used oil that is intentionally introduced into a hydrocarbon recovery system
(e.g., by pouring collected used oil into the wastewater treatment system).
6)?
Tank bottoms from stock tanks containing exempt mixtures of used oil and
crude oil or natural gas liquids are exempt from the requirements of this Part.
h) Used oil on vessels. Used oil produced on vessels from normal shipboard
operations is not subject to this Part until it is transported ashore.
i) Used oil containing PCBs. Used oil containing PCBs, as defined at 40 CFR
761.3 (Definitions), incorporated by reference at 35 Ill. Adm. Code 720.111(b),
at any concentration less than 50 ppm is subject to the requirements of this
Part unless, because of dilution, it is regulated under federal 40 CFR 761 as a
used oil containing PCBs at 50 ppm or greater. PCB-containing used oil subject
to the requirements of this Part may also be subject to the prohibitions and
requirements of 40 CFR 761, including 40 CFR 761.20(d) and (e). Used oil
containing PCBs at concentrations of 50 ppm or greater is not subject to the
requirements of this Part, but is subject to regulation under federal 40 CFR
761. No person may avoid these provisions by diluting used oil containing PCBs,
unless otherwise specifically provided for in this Part or federal 40 CFR 761.
Section
(Source:
739.111Amended
?
at
Used
32 Ill.
Oil
Reg.Specifications—,
effective ?
Used oil burned for energy recovery, and any fuel produced from used oil by
processing, blending, or other treatment, is subject to regulation under this
Part unless it is shown not to exceed any of the allowable levels of the
constituents and properties in the spccifica-t—i-en—shown in the following table.
Once used oil that is to be burned for energy recovery has been shown not to
exceed any?
allowable level and the person making that showing
complies with Sections 739.172, 739.173, and 739.174(b), the used oil is no
longer subject to this Part.
Used Oil
?
Allowable Levels When Burned for Energy Recoveryl
Constituent/propertyAllowable levelArsenic5 ppm maximumCadmium2 ppm
maximumChromium10 ppm maximumLead100 ppm maximumFlash point100 -(1
°F minimumTotal
halogens4,000 ppm maximum2
FOOTNOTE: 1 The spccification does allowable levels do not apply to mixtures of
used oil and hazardous waste that continue to be regulated as hazardous waste
(see Section 739.110(b)).
FOOTNOTE: 2 Used oil containing more than 1,000 ppm total halogens is presumed
to be a hazardous waste under the rebuttable presumption provided under Section
739.110(b)(1). Such used oil is subject to Subpart H of 35 Ill. Adm. Code 726,
rather than this Part, when burned for energy recovery unless the presumption of
mixing can be successfully rebutted.
NOTE: Applicable standards for the burning of used oil containing PCBs are
imposed by 40 CFR 761.20(e).
?
SUBPART
(Source:
E:
Amended
STANDARDS
at 32
FOR
Ill.
USED
Reg.OIL
?
TRANSPORTER
?
, effective ?
AND TRANSFER FACILITIES
Section 739.143
?
Used Oil Transportation
a)?
Deliveries. A used oil transporter must deliver all used oil received to
one of the following:
1)
Another used oil transporter, provided that the transporter has obtained a
USEPA identification number and an Illinois special waste identification number;
2) A used oil processing facility that has obtained a USEPA identification
number and an Illinois special waste identification number;
3) An off-specification used oil burner facility that has obtained a USEPA
identification number and an Illinois special waste identification number; or
4)
An on-specification used oil burner facility.
b)?
USDOT requirements. A used oil transporter must comply with all
applicable USDOT requirements in 49 CFR 171 through 180. A person transporting
used oil that meets the definition of a hazardous material in 49 CFR 171.8
(Definitions and Abbreviations), incorporated by reference in 35 Ill. Adm. Code
720.111(b), must comply with all applicable USDOT Hazardous Materials
Regulations in 49 CFR 171 (General Information, Regulations, and Definitions),
172 (Hazardous Materials Table, Special Provisions, Hazardous Materials
Communications, Emergency Response Information, and Training Requirements), 173
(Shippers -- General Requirements for Shipments and Packages), 174 (Carriage by
Rail), 175 (Carriage by Aircraft), 176 (Carriage by Vessel), 177 (Carriage by
Public Highway), 178 (Specifications for Packagings), 179 (Specifications for
Tank Cars), and 180 (Continuing Qualification and Maintenance of Packagings),
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
c)
?
Used oil discharges.
1)
In the event of a discharge of used oil during transportation, the
transporter must take appropriate immediate action to protect human health and
the environment (e.g., notify local authorities, dike the discharge area).
2)
If a discharge of used oil occurs during transportation and an official
(State or local government or a federal agency) acting within the scope of
official responsibilities determines that immediate removal of the used oil is
necessary to protect human health or the environment, that official may
authorize the removal of the used oil by a transporter that does not have a
USEPA identification number and an Illinois special waste identification number.
3)
An air, rail, highway, or water transporter that has discharged used oil
must do the following:
A)
Give notice, if required by federal 49 CFR 171.15 (Immediate Notice of
Certain Hazardous Materials Incidents), incorporated by reference in 35 Ill.
Adm. Code 720.111(b), to the National Response Center (800-424-8802 or 202-426-
2675); and
B)
Report in writing as required by federal 49 CFR 171.16 (Detailed Hazardous
Materials Incident Reports), incorporated by reference in 35 Ill. Adm. Code
720.111(b), to the Director, Office of Hazardous Materials Regulations,
Materials Transportation Bureau, Department of Transportation, Washington, DC
20590.
4)
A water transporter that has discharged used oil must give notice as
required by federal 33 CFR 153.203 (Procedure for the Notice of Discharge),
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
5) A transporter must clean up any used oil dicchargcd discharge that occurs
during transportation or take such action as may be required or approved by
federal, state, or local officials so that the used oil discharge no longer
presents a hazard to human health or the environment.
Section
(Source:
739.144Amended
?
at
Rebuttable
32 Ill. Reg.Presumption —,
for
effective
Used Oil
?
a)
?
To ensure that used oil is not a hazardous waste under the rebuttable
presumption of Section 739.110(b)(1)(ii), the used oil transporter must
determine whether the total halogen content of used oil being trancportcr
transported or stored at a transfer facility is above or below 1,000 ppm.
b)?
The transporter must make this determination by the following means:
1)
Testing the used oil; or
2)
Applying knowledge of the halogen content of the used oil in light of the
materials or processes used.
c)
?
If the used oil contains greater than or equal to 1,000 ppm total
halogens, it is presumed to be a hazardous waste because it has been mixed with
halogenated hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721. The
owner or operator may rebut the presumption by demonstrating that the used oil
does not contain hazardous waste (for example, by showing that the used oil does
not contain significant concentrations of halogenated hazardous constituents
listed in Appendix H of 35 Ill. Adm. Code 721).
1)
The rebuttable presumption does not apply to metalworking oils and fluids
containing chlorinated paraffins, if they are processed, through a tolling
arrangement as described in Section 739.124(c), to reclaim metalworking oils and
fluids. The presumption does apply to metalworking oils and fluids if such oils
and fluids are recycled in any other manner, or disposed.
2)
The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC CFCs are
destined for reclamation. The rebuttable presumption does apply to used oils
contaminated with CFCs that have been mixed with used oil from sources other
than refrigeration units.
d)?
Record retention. Records of analyses conducted or information used to
comply with subsections (a), (b), and (c) of this Section must be maintained by
the transporter for at least three years.
?
Section
(Source:
739.145Amended
?
at
Used
32 Ill.
Oil
Reg.Storage
?
at Transfer
?
, effective
Facilities
?
A used oil transporter is subject to all applicable Spill Prevention, Control
and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart
E. A used oil transporter 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.
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. A transfer facility that store used
oil for more than 35 days are subject to regulation under Subpart F of this
Part.
b) Storage units. An owner or operator of a used oil transfer facility may
not store used oil in units other than tanks, containers, or units subject to
regulation under 35 Ill. Adm. Code 724 or 725.
c)?
Condition of units. The following must be true of containers and
aboveground tanks used to store used oil at a transfer 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).
d)?
Secondary containment for containers. Containers used to store used oil
at a transfer facility 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 dikes, berms, or
retaining walls; or
B)?
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 a transfer facility 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 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 a transfer facility 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 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 that is not subject to the federal requirements of subpart F of 40
CFR 280 and which has occurred after October 4, 1996, an owner or operator of a
transfer facility must perform the following cleanup steps:
BOARD NOTE: Corresponding 40 CFR 279.45(h) 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 Nov.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 Nov.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.
SUBPART
(Source:
F:
Amended
STANDARDS
at 32
FOR
Ill.
USED
Reg.OIL
PROCESSORS—,
effective ?
Section 739.152
?
General Facility Standards
a)
?
Preparedness and prevention. An owner or operator of a used oil
processing or re-refining facility must comply with the following requirements:
1)?
Maintenance and operation of a facility. All facilities must be
maintained and operated to minimize the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of used oil to air, soil, or surface
water that could threaten human health or the environment.
2)
?
Required equipment. All facilities must be equipped with the following,
unless none of the hazards posed by used oil handled at the facility could
require a particular kind of equipment specified in subsections (a)(2)(A)
through (a)(2)(D) of this Section:
A)
An internal communications or alarm system capable of providing immediate
emergency instruction (voice or signal) to facility personnel;
B)
A device, such as a telephone (immediately available at the scene of
operations) or a hand-held two-way radio, capable of summoning emergency
assistance from local police departments, fire departments, or State or local
emergency response teams;
C)
Portable fire extinguishers, fire control equipment (including special
extinguishing equipment, such as that using foam, inert gas, or dry chemicals),
spill control equipment, and decontamination equipment; and
D)
Water at adequate volume and pressure to supply water hose streams, foam
producing equipment, automatic sprinklers, or water spray systems.
3)?
Testing and maintenance of equipment. All facility communications or
alarm systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, must be tested and maintained as
necessary to assure its proper operation in time of emergency.
4)?
Access to communications or alarm system.
A)?
Whenever used oil is being poured, mixed, spread, or otherwise handled,
all personnel involved in the operation must have immediate access to an
internal alarm or emergency communication device, either directly or through
visual or voice contact with another employee, unless such a device is not
required in subsection (a)(2) of this Section.
B)?
If there is ever just one employee on the premises while the facility is
operating, the employee must have immediate access to a device, such as a
telephone (immediately available at the scene of operation) or a hand-held two-
way radio, capable of summoning external emergency assistance, unless such a
device is not required in subsection (a) (2) of this Section.
5)
Required aisle space. The owner or operator must maintain aisle space to
allow the unobstructed movement of personnel, fire protection equipment, spill
control equipment, and decontamination equipment to any area of facility
operation in an emergency, unless aisle space is not needed for any of these
purposes.
6)
Arrangements with local authorities.
A)
?
The owner or operator must attempt to make the following arrangements, as
appropriate for the type of used oil handled at the facility and the potential
need for the services of these organizations:
i)
Arrangements to familiarize police, fire departments, and emergency
response teams with the layout of the facility, properties of used oil handled
at the facility and associated hazards, places where facility personnel would
normally be working, entrances to roads inside the facility, and possible
evacuation routes;
ii) Where more than one police and fire department might respond to an
emergency, agreements designating primary emergency authority to a specific
police and a specific fire department, and agreements with any others to provide
support to the primary emergency authority;
iii)
Agreements with State emergency response teams, emergency response
contractors, and equipment suppliers; and
iv)
Arrangements to familiarize local hospitals with the properties of used
oil handled at the facility and the types of injuries or illnesses that could
result from fires, explosions, or releases at the facility.
B)?
Where State or local authorities decline to enter into such arrangements,
the owner or operator must document the refusal in the operating record.
b)?
Contingency plan and emergency procedures. An owner or operator of a used
oil processing or re-refining facility must comply with the following
requirements:
1)?
Purpose and implementation of contingency plan.
A) Each owner or operator must have a contingency plan for the facility. The
contingency plan must be designed to minimize hazards to human health or the
environment from fires, explosions, or any unplanned sudden or non-sudden
release of used oil to air, soil, or surface water.
B) The provisions of the plan must be carried out immediately whenever there
is a fire, explosion, or release of used oil that could threaten human health or
the environment.
2)
?
Content of contingency plan.
A)
The contingency plan must describe the actions facility personnel must
take to comply with subsections (b)(1) and (b)(6) of this Section in response to
fires, explosions, or any unplanned sudden or non-sudden release of used oil to
air, soil, or surface water at the facility.
B)
If the owner or operator has already prepared a Spill Prevention Control
and Countermeasures (SPCC) Plan in accordance with federal 40 CFR 112 or 40 CFR
300, or some other emergency or contingency plan, the owner or operator need
only amend that plan to incorporate used oil management provisions that are
sufficient to comply with the requirements of this Part.
C)
The plan must describe arrangements agreed to by local police departments,
fire departments, hospitals, contractors, and State and local emergency response
teams to coordinate emergency services, pursuant to subsection (a)(6) of this
Section.
D)
The plan must list names, addresses, and phone numbers (office and home)
of all persons qualified to act as emergency coordinator (see subsection (b)(5)
of this Section), and this list must be kept up to date. Where more than one
person is listed, one must be named as primary emergency coordinator and others
must be listed in the order in which they will assume responsibility as
alternates.
E) The plan must include a list of all emergency equipment at the facility
(such as fire extinguishing systems, spill control equipment, communications and
alarm systems (internal and external), and decontamination equipment), where
this equipment is required. This list must be kept up to date. In addition,
the plan must include the location and a physical description of each item on
the list, and a brief outline of its capabilities.
F)
The plan must include an evacuation plan for facility personnel where
there is a possibility that evacuation could be necessary. This plan must
describe signals to be used to begin evacuation, evacuation routes, and
alternate evacuation routes (in cases where the primary routes could be blocked
by releases of used oil or fires).
3)?
Copies of contingency plan. Copies of the contingency plan and all
revisions to the plan must be disposed of as follows:
A)
Maintained at the facility; and
B)
Submitted to all local police departments, fire departments, hospitals,
and State and local emergency response teams that may be called upon to provide
emergency services.
4)?
Amendment of contingency plan. The contingency plan must be reviewed, and
immediately amended, if necessary, whenever one of the following occurs:
A)
Applicable regulations are revised;
B)
The plan fails in an emergency;
C)
The facility changes -- in its design, construction, operation,
maintenance, or other circumstances -- in a way that materially increases the
potential for fires, explosions, or releases of used oil, or changes the
response necessary in an emergency;
D)
The list of emergency coordinators changes; or
E)
The list of emergency equipment changes.
5)
Emergency coordinator. At all times, there must be at least one employee
either on the facility premises or on call (i.e., available to respond to an
emergency by reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures. This emergency
coordinator must be thoroughly familiar with all aspects of the facility's
contingency plan, all operations and activities at the facility, the location
and characteristic of used oil handled, the location of all records within the
facility, and facility layout. In addition, this person must have the authority
to commit the resources needed to carry out the contingency plan.
BOARD NOTE: USEPA cited the following as guidance: "The emergency
coordinator's responsibilities are more fully spelled out in [subsection (b)(6)
of this Section]. Applicable responsibilities for the emergency coordinator
vary, depending on factors such as type and variety of used oil handled by the
facility, and type and complexity of the facility."
6)
Emergency procedures.
A)?
Whenever there is an imminent or actual emergency situation, the emergency
coordinator (or the designee when the emergency coordinator is on call) must
immediately do the following:
i) Activate internal facility alarms or communication systems, where
applicable, to notify all facility personnel; and
ii)
Notify appropriate State or local agencies with designated response roles
if their help is needed.
B)?
Whenever there is a release, fire, or explosion, the emergency coordinator
must immediately identify the character, exact source, amount, and a rcol areal
extent of any released materials. He or she may do this by observation or
review of facility records of or manifests and, if necessary, by chemical
analycts analyses.
C)?
Concurrently, the emergency coordinator must assess possible hazards to
human health or the environment that may result from the release, fire, or
explosion. This assessment must consider both direct and indirect effects of
the release, fire, or explosion (e.g., the effects of any toxic, irritating, or
asphyxiating gases that are generated, or the effects of any hazardous surface
water run-offs from water of or chemical agents used to control fire and heat-
induced explosions).
D)
?
If the emergency coordinator determines that the facility has had a
release, fire, or explosion that could threaten human health, or the
environment, outside the facility, he or she must report his findings as
follows:
i)
?
If his assessment indicated that evacuation of local areas may be
advisable, he or she must immediately notify appropriate local authorities. He
or she must be available to help appropriate officials decide whether local
areas should be evacuated; and
ii)?
He must immediately notify either the government official designated as
the on-scene coordinator for the geographical area (in the applicable regional
contingency plan under federal 40 CFR 300), or the National Response Center
(using their 24-hour toll free number (800) 424-8802). The report must include
the following information: name and telephone number of reporter; name and
address of facility; time and type of incident (e.g., release, fire); name and
quantity of materials involved, to the extent known; the extent of injuries, if
any; and the possible hazards to human health, or the environment, outside the
facility.
E)?
During an emergency, the emergency coordinator must take all reasonable
measures necessary to ensure that fires, explosions, and releases do not occur,
recur, or spread to other used oil or hazardous waste at the facility. These
measures must include, where applicable, stopping processes and operation,
collecting and containing released used oil, and removing or isolating
containers.
F)?
If the facility stops operation in response to a fire, explosion, or
release, the emergency coordinator must monitor for leaks, pressure buildup, gas
generation, or ruptures in valves, pipes, or other equipment, wherever this is
appropriate.
G)?
Immediately after an emergency, the emergency coordinator must provide for
recycling, storing, or disposing of recovered used oil, contaminated soil or
surface water, or any other material that results from a release, fire, or
explosion at the facility.
H)?
The emergency coordinator must ensure that the following occur, in the
affected areas of the facility:
i)
No waste or used oil that may be incompatible with the released material
is recycled, treated, stored, or disposed of until cleanup procedures are
completed; and
ii)
All emergency equipment listed in the contingency plan is cleaned and fit
for its intended use before operations are resumed.
iii) The owner or operator must notify the Agency, and all other appropriate
State and local authorities that the facility is in compliance with subsections
(b)(6)(H)(i) and (b)(6)(H)(ii) of this Section before operations are resumed in
the affected areas of the facility.
I)
?
The owner or operator must note in the operating record the time, date,
and details of any incident that requires implementing the contingency plan.
Within 15 days after the incident, it must submit a written report on the
incident to USEPA Region 5. The report must include the following:
i) The name, address, and telephone number of the owner or operator;
ii)
The name, address, and telephone number of the facility;
iii)
The date, time, and type of incident (e.g., fire, explosion);
iv)
The name and quantity of materials involved;
v)
The extent of injuries, if any;
vi) An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
vii)
The estimated quantity and disposition of recovered material that resulted
from the incident.
Section
(Source:
739.155Amended
?
at
Analysis
32 Ill. Reg.Plan
?
—, effective
?
An owner or operator of a used oil processing or re-refining facility must
develop and follow a written analysis plan describing the procedures that will
be used to comply with the analysis requirements of Section 739.153 and, if
applicable, Section 739.172. The owner or operator must keep the plan at the
facility.
a)
?
Rebuttable presumption for used oil in Section 739.153. At a minimum, the
plan must specify the following:
1)?
Whether sample analyses or knowledge of the halogen content of the used
oil will be used to make this determination;
2)?
If sample analyses are used to make this determination, the following
requirements must be fulfilled:
A)?
The sampling method used to obtain representative samples to be analyzed.
A representative sample may be obtained using either of the following:
i) One of the sampling methods in Appendix I of 35 Ill. Adm. Code 721; or
ii)
A method shown to be equivalent under 35 Ill. Adm. Code 720.120 and
720.121;
B)?
The frequency of sampling to be performed, and whether the analysis will
be performed on-site or off-site; and
C)?
The methods used to analyze used oil for the parameters specified in
Section 739.153; and
3)?
The type of information that will be used to determine the halogen content
of the used oil.
b)?
On-specification used oil fuel in Section 739.172. At a minimum, the plan
must specify the following if Section 739.172 is applicable:
1)
Whether sample analyses or other information will be used to make this
determination;
2) If sample analyses are used to make this determination, the following must
be specified:
A)?
The sampling method used to obtain representative samples to be analyzed.
A representative sample may be obtained using either of the following:
i)
One of the sampling methods in Appendix I of 35 Ill. Adm. Code 721; or
ii) A method shown to be equivalent under 35 Ill. Adm. Code 720.120 and
720.121;
B)
Whether used oil will be sampled and analyzed prior to or after any
processing;
C)
The frequency of sampling to be performed, and whether the analysis will
be performed on-site or off-site; and
D)
The methods used to analyze used oil for the parameters specified in
Section 739.172; and
3)?
The type of information that will be used to make the on-specification
used oil fuel determination.
?
Section
(Source:
739.159Amended ?
at
Management
32 Ill. Reg.of
?
Residues
?
, effective ?
An owner or operator that generates residues from the storage, processing, or
re-fining rc refining of used oil must manage the residues as specified in
Section 739.110(e).
SUBPART
(Source:
G:
Amended
STANDARDS
at 32
FOR
Ill.
USED
Reg.OIL
?
BURNERS
?
,
THAT
effective
BURN
?
OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY
Section 739.164?
Used Oil Storage
A used oil burner is subject to all applicable Spill Prevention, Control and
Countermeasures (federal 40 CFR 112) in addition to the requirements of this
Subpart G. A used oil burner is also subject to the Underground Storage Tank
(35 M. 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 G.
a)?
Storage units. A used oil burner 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 used oil at a burner 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 used oil
at a burner facility must be equipped with a secondary containment system.
1)?
The secondary containment system must consist of the following, at a
minimum:
A) Dikes, berms, or retaining walls; and
B)
A floor. The floor must cover the entire area within the dike, berm, or
retaining wall.
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 used oil at burner 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 cxisting new aboveground tanks. A new
aboveground tank used to store used oil at burner 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)?
A container or aboveground tank used to store used oil at a burner
facility must be labeled or marked clearly with the words "Used Oil."
2)?
Fill pipes used to transfer used oil into underground storage tanks at
burner 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 burner must perform the
following cleanup steps:
BOARD NOTE: Corresponding 40 CFR 279.64(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 Nov.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 Nov.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.
(Source: Amended at 32 Ill. Reg.
?ILLINOIS RECISTER
, effective
JCAR350739-0805904r01
POLLUTION CONTPOL DOARD
NOTICE OF PROPOSED AMENDMENTS
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