JCAR350739-0805904r01
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TITLE 35: ENVIRONMENTAL PROTECTION
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SUBTITLE G: WASTE DISPOSAL
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CHAPTER I: POLLUTION CONTROL BOARD
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SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
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PART 739
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STANDARDS FOR THE MANAGEMENT OF USED OIL
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SUBPART A: DEFINITIONS
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Section
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739.100?
Definitions
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SUBPART B: APPLICABILITY
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Section
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739.110
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Applicability
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739.111
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Used Oil Specifications
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739.112
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Prohibitions
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739.113?
Electronic Reporting
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SUBPART C: STANDARDS FOR USED OIL GENERATORS
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24 Section
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739.120
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Applicability
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26 739.121
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Hazardous Waste Mixing
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27 739.122
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Used Oil Storage
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28 739.123
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On-Site Burning in Space Heaters
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29 739.124
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Off-Site Shipments
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SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS
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AND AGGREGATION POINTS
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Section
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739.130
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Do-It-Yourselfer Used Oil Collection Centers
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36 739.131
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Used Oil Collection Centers
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37 739.132
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Used Oil Aggregate Points Owned by the Generator
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SUBPART E: STANDARDS FOR USED OIL TRANSPORTER
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AND TRANSFER FACILITIES
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42 Section
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739.140
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Applicability
JCAR350739-0805904r01
44 739.141 Restrictions on Transporters that Are Not Also Processors
45 739.142 Notification
46 739.143 Used Oil Transportation
47 739.144 Rebuttable Presumption for Used Oil
48 739.145 Used Oil Storage at Transfer Facilities
49 739.146 Tracking
50 739.147 Management of Residues
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52
SUBPART F: STANDARDS FOR USED OIL PROCESSORS
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54 Section
55 739.150 Applicability
56 739.151 Notification
57 739.152 General
Facility Standards
58 739.153 Rebuttable
Presumption for Used Oil
59 739.154 Used
Oil Management
60 739.155 Analysis
Plan
61 739.156 Tracking
62 739.157 Operating
Record and Reporting
63 739.158 Off-Site
Shipments of Used Oil
64 739.159 Management of Residues
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SUBPART G: STANDARDS FOR USED OIL BURNERS THAT BURN
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OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY
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69 Section
70 739.160 Applicability
71 739.161 Restriction
on Burning
72 739.162 Notification
73 739.163 Rebuttable
Presumption for Used Oil
74 739.164 Used
Oil Storage
75 739.165 Tracking
76 739.166 Notices
77 739.167 Management
of Residues
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79
SUBPART H: STANDARDS FOR USED OIL FUEL MARKETERS
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81 Section
82 739.170 Applicability
83 739.171 Prohibitions
84 739.172 On-Specification
Used Oil Fuel
85 739.173 Notification
86 739.174 Tracking
JCAR350739-0805904r01
87 739.175 Notices
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89
SUBPART I: DISPOSAL OF USED OIL
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91 Section
92 739.180 Applicability
93 739.181 Disposal
94 739.182 Use As a Dust Suppressant
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96 AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
97 Environmental
Protection Act [415 ILCS 5/7.2, 22.4, and 27].
98
99 SOURCE: Adopted in R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993; amended in
100 R93-16
at 18 Ill. Reg. 6931, effective April 26, 1994; amended in R94-17 at 18 Ill. Reg. 17616,
101 effective
November 23, 1994; amended in R95-6 at 19 Ill. Reg. 10036, effective June 27, 1995;
102 amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 767, effective December 16, 1997; amended in
103 R98-21/R99-2/R99-7
at 23 Ill. Reg. 2274, effective January 19, 1999; amended in R04-16 at 28
104 Ill.
Reg. 10706, effective July 19, 2004; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 4094,
105 effective
February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1413, effective
107106
December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg.
, effective
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SUBPART B: APPLICABILITY
109
110
Section 739.110 Applicability
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112 This
Section identifies those materials that are subject to regulation as used oil under this Part.
113 This
Section also identifies some materials that are not subject to regulation as used oil under this
114 Part, and indicates whether these materials may be subject to regulation as hazardous waste
115 under
35 Ill. Adm. Code 702, 703, and 720 through 728.
116
117 a) Used oil. Used oil is presumed to be recycled, unless a used oil handler disposes
118
of used oil or sends used oil for disposal. Except as provided in Section 739.111,
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the regulations of this Part apply to used oil and to materials identified in this
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Section as being subject to regulation as used oil, whether or not the used oil or
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material exhibits any characteristics of hazardous waste identified in Subpart C of
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35 Ill. Adm. Code 721.
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124 b) Mixtures
of used oil and hazardous waste.
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126
1) Listed hazardous waste.
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128
A) A
mixture of used oil and hazardous waste that is listed in Subpart
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D of 35 Ill. Adm. Code 721 is subject to regulation as hazardous
JCAR350739-0805904r01
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waste under 35 Ill. Adm. Code 702, 703, and 720 through 728,
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rather than as used oil under this Part.
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B) Rebuttable
presumption for used oil. Used oil containing more
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than 1,000 ppm total halogens is presumed to be a hazardous waste
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because it has been mixed with halogenated hazardous waste listed
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in Subpart D of 35 Ill. Adm. Code 721. An owner or operator may
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rebut this presumption by demonstrating that the used oil does not
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contain hazardous waste (for example, by showing that the used oil
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does not contain significant concentrations of halogenated
140
hazardous constituents listed in Appendix H of 35 Ill. Adm. Code
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721).
142
143
i) This
rebuttable presumption does not apply to
144
metalworking oils or fluids containing chlorinated
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paraffins, if they are processed, through a tolling
146
arrangement as described in Section 739.124(c), to reclaim
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metalworking oils or fluids. This presumption does apply
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to metalworking oils or fluids if such oils or fluids are
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recycled in any other manner, or disposed.
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151
ii) This
rebuttable presumption does not apply to used oils
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contaminated with chlorofluorocarbons (CFCs) removed
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from refrigeration units where the CFCs are destined for
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reclamation. This rebuttable presumption does apply to
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used oils contaminated with CFCs that have been mixed
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with used oil from sources other than refrigeration units.
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2) Characteristic
hazardous waste. A mixture of used oil and hazardous
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waste that solely exhibits one or more of thea hazardous waste
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characteristicscharacteristio identified in Subpart C of 35 Ill. Adm. Code
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721 and a mixture of used oil and hazardous waste that is listed in Subpart
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D of this Part solely because it exhibits one or more of the characteristics
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of hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721 is
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subject to the following:
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A) Except
as provided in subsection (b)(2)(C) of this Section,
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regulation as hazardous waste under 35 Ill. Adm. Code 702, 703,
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and 720 through 728 rather than as used oil under this Part, if the
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resultant mixture exhibits any characteristics of hazardous waste
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identified in Subpart C of 35 Ill. Adm. Code 721; or
171
172
B) Except
as provided in subsection (b)(2)(C) of this Section,
JCAR350739-0805904r01
173
regulation as used oil under this Part, if the resultant mixture does
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not exhibit any characteristics of hazardous waste identified under
175
Subpart C of 35 Ill. Adm. Code 721.
176
177
C) Regulation as used oil under this Part, if the mixture is of used oil
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and a waste that is hazardous solely because it exhibits the
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characteristic of ignitability (e.g., ignitable-only mineral spirits),
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provided that the resultant mixture does not exhibit the
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characteristic of ignitability under 35 Ill. Adm. Code 721.121.
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183
3) Conditionally
exempt small quantity generator hazardous waste. A
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mixture of used oil and conditionally exempt small quantity generator
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hazardous waste regulated under 35 Ill. Adm. Code 721.105 is subject to
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regulation as used oil under this Part.
187
188
Materials containing or otherwise contaminated with used oil.
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190
1) Except as provided in subsection (c)(2) of this Section, the following is
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true of a material containing or otherwise contaminated with used oil from
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which the used oil has been properly drained or removed to the extent
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possible so that no visible signs of free-flowing oil remain in or on the
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material:
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196
A) The
material is not used oil, so it is not subject to this Part, and
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198
B) If
applicable, the material is subject to the hazardous waste
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regulations of 35 Ill. Adm. Code 702, 703, and 720 through 728.
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201
2) A
material containing or otherwise contaminated with used oil that is
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burned for energy recovery is subject to regulation as used oil under this
203
Part.
204
205
3) Used
oil drained or removed from materials containing or otherwise
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contaminated with used oil is subject to regulation as used oil under this
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Part.
208
209 d) Mixtures
of used oil with products.
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211
1) Except
as provided in subsection (d)(2) of this Section, mixtures of used
212
oil and fuels or other fuel products are subject to regulation as used oil
213
under this Part.
214
215
2) Mixtures
of used oil and diesel fuel mixed on-site by the generator of the
JCAR350739-0805904r01
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used oil for use in the generator's own vehicles are not subject to this Part
217
once the used oil and diesel fuel have been mixed. Prior to mixing, the
218
used oil is subject to the requirements of Subpart C of this Part.
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220 e) Materials
derived from used oil.
221
222
1) The
following is true of materials that are reclaimed from used oil, which
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are used beneficially, and which are not burned for energy recovery or
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used in a manner constituting disposal (e.g., re-refined lubricants):
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226
A) The
materials are not used oil and thus are not subject to this Part,
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and
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B) The
materials are not solid wastes and are thus not subject to the
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hazardous waste regulations of 35 Ill. Adm. Code 702, 703, and
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720 through 728, as provided in 35 Ill. Adm. Code 721.103(e)(1).
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2) Materials
produced from used oil that are burned for energy recovery (e.g.,
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used oil fuels) are subject to regulation as used oil under this Part.
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3) Except
as provided in subsection (e)(4) of this Section, the following is
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true of materials derived from used oil that are disposed of or used in a
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manner constituting disposal:
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A) The
materials are not used oil and thus are not subject to this Part,
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and
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B) The
materials are solid wastes and thus are subject to the
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hazardous waste regulations of 35 Ill. Adm. Code 702, 703, and
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720 through 728 if the materials are listed or identified as
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hazardous waste.
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248
4) Used
oil re-refining distillation bottoms that are used as feedstock to
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manufacture asphalt products are not subject to this Part.
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251
Wastewater. Wastewater, the discharge of which is subject to regulation under
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either Section 402 or Section 307(b) of the federal Clean Water Act (including
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wastewaters at facilities that have eliminated the discharge of wastewater),
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contaminated with de minimis quantities of used oil are not subject to the
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requirements of this Part. For purposes of this subsection, "de minimis" quantities
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of used oils are defined as small spills, leaks, or drippings from pumps,
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machinery, pipes, and other similar equipment during normal operations or small
258
amounts of oil lost to the wastewater treatment system during washing or draining
JCAR350739-0805904r01
259
operations. This exception will not apply if the used oil is discarded as a result of
260
abnormal manufacturing operations resulting in substantial leaks, spills, or other
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releases, or to used oil recovered from wastewaters.
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263
Used oil introduced into crude oil pipelines or a petroleum refining facility.
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265
1) Used
oil mixed with crude oil or natural gas liquids (e.g., in a production
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separator or crude oil stock tank) for insertion into a crude oil pipeline is
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exempt from the requirements of this Part. The used oil is subject to the
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requirements of this Part prior to the mixing of used oil with crude oil or
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natural gas liquids.
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271
2) Mixtures
of used oil and crude oil or natural gas liquids containing less
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than one percent used oil that are being stored or transported to a crude oil
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pipeline or petroleum refining facility for insertion into the refining
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process at a point prior to crude distillation or catalytic cracking are
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exempt from the requirements of this Part.
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3) Used
oil that is inserted into the petroleum refining process before crude
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distillation or catalytic cracking without prior mixing with crude oil is
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exempt from the requirements of this Part, provided that the used oil
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contains less than one percent of the crude oil feed to any petroleum
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refining facility process unit at any given time. Prior to insertion into the
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petroleum refining process, the used oil is subject to the requirements of
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this Part.
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285
4) Except
as provided in subsection (g)(5) of this Section, used oil that is
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introduced into a petroleum refining facility process after crude distillation
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or catalytic cracking is exempt from the requirements of this Part only if
288
the used oil meets the specification of Section 739.111. Prior to insertion
289
into the petroleum refining facility process, the used oil is subject to the
290
requirements of this Part.
291
292
5) Used
oil that is incidentally captured by a hydrocarbon recovery system or
293
wastewater treatment system as part of routine process operations at a
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petroleum refining facility and inserted into the petroleum refining facility
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process is exempt from the requirements of this Part. This exemption does
296
not extend to used oil that is intentionally introduced into a hydrocarbon
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recovery system (e.g., by pouring collected used oil into the wastewater
298
treatment system).
299
300
6) Tank
bottoms from stock tanks containing exempt mixtures of used oil
301
and crude oil or natural gas liquids are exempt from the requirements of
JCAR350739-0805904r01
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this Part.
303
304 h) Used
oil on vessels. Used oil produced on vessels from normal shipboard
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operations is not subject to this Part until it is transported ashore.
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307 i) Used oil containing PCBs. Used oil containing PCBs, as defined at 40 CFR 761.3
308
(Definitions), incorporated by reference at 35 Ill. Adm. Code 720.111(b), at any
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concentration less than 50 ppm is subject to the requirements of this Part unless,
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because of dilution, it is regulated under federal 40 CFR 761 as a used oil
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containing PCBs at 50 ppm or greater. PCB-containing used oil subject to the
312
requirements of this Part may also be subject to the prohibitions and requirements
313
of 40 CFR 761, including 40 CFR 761.20(d) and (e). Used oil containing PCBs at
314
concentrations of 50 ppm or greater is not subject to the requirements of this Part,
315
but is subject to regulation under federal 40 CFR 761. No person may avoid these
316
provisions by diluting used oil containing PCBs, unless otherwise specifically
317
provided for in this Part or federal 40 CFR 761.
318
319 (Source:
Amended at 32 Ill. Reg.
, effective )
320
321
Section 739.111 Used Oil Specifications
322
323 Used oil burned for energy recovery, and any fuel produced from used oil by processing,
324 blending, or other treatment, is subject to regulation under this Part unless it is shown not to
325 exceed
any of the allowable levels of the constituents and properties in the specification shown
326 in the following table. Once used oil that is to be burned for energy recovery has been shown not
327 to exceed any allowable level:specification and the person making that showing complies with
328 Sections 739.172, 739.173, and 739.174(b), the used oil is no longer subject to this Part.
329
330 Used Oil AllowableSpecification Levels When Burned for Energy Recovery'
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Constituent/property
Allowable level
Arsenic
5 ppm maximum
Cadmium
2 ppm maximum
Chromium
10 ppm maximum
Lead
100 ppm maximum
Flash point
100 °F minimum
Total halogens
4,000 ppm maximum2
332
333 FOOTNOTE:
1 The allowable levels docpccification does not apply to mixtures of used oil and
JCAR350739-0805904r01
334 hazardous waste that continue to be regulated as hazardous waste (see Section 739.110(b)).
335
336 FOOTNOTE: 2
Used oil containing more than 1,000 ppm total halogens is presumed to be a
337 hazardous waste under the rebuttable presumption provided under Section 739.110(b)(1). Such
338 used oil is subject to Subpart H of 35 Ill. Adm. Code 726, rather than this Part, when burned for
339 energy recovery unless the presumption of mixing can be successfully rebutted.
340
341 NOTE: Applicable standards for the burning of used oil containing PCBs are imposed by 40
342 CFR
761.20(e).
343
344 (Source: Amended at 32 Ill. Reg.
, effective )
345
346
SUBPART E: STANDARDS FOR USED OIL TRANSPORTER
347
AND TRANSFER FACILITIES
348
349
Section 739.143 Used Oil Transportation
350
351 a) Deliveries.
A used oil transporter must deliver all used oil received to one of the
352 following:
353
354
1) Another
used oil transporter, provided that the transporter has obtained a
355
USEPA identification number and an Illinois special waste identification
356
number;
357
358
2) A
used oil processing facility that has obtained a USEPA identification
359
number and an Illinois special waste identification number;
360
361
3) An
off-specification used oil burner facility that has obtained a USEPA
362
identification number and an Illinois special waste identification number; or
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364
4) An
on-specification used oil burner facility.
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366 b) USDOT requirements. A used oil transporter must comply with all applicable
367
USDOT requirements in 49 CFR 171 through 180. A person transporting used oil
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that meets the definition of a hazardous material in 49 CFR 171.8 (Definitions and
369
Abbreviations), incorporated by reference in 35 Ill. Adm. Code 720.111(b), must
370
comply with all applicable USDOT Hazardous Materials Regulations in 49 CFR
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171 (General Information, Regulations, and Definitions), 172 (Hazardous
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Materials Table, Special Provisions, Hazardous Materials Communications,
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Emergency Response Information, and Training Requirements), 173 (Shippers
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General Requirements for Shipments and Packages), 174 (Carriage by Rail), 175
375
(Carriage by Aircraft), 176 (Carriage by Vessel), 177 (Carriage by Public
376
Highway), 178 (Specifications for Packagings), 179 (Specifications for Tank
JCAR350739-0805904r01
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Cars), and 180 (Continuing Qualification and Maintenance of Packagings),
378
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
379
380 c) Used
oil discharges.
381
382
1) In
the event of a discharge of used oil during transportation, the transporter
383
must take appropriate immediate action to protect human health and the
384
environment (e.g., notify local authorities, dike the discharge area).
385
386
2) If
a discharge of used oil occurs during transportation and an official (State
387
or local government or a federal agency) acting within the scope of official
388
responsibilities determines that immediate removal of the used oil is
389
necessary to protect human health or the environment, that official may
390
authorize the removal of the used oil by a transporter that does not have a
391
USEPA identification number and an Illinois special waste identification
392
number.
393
394
3) An air, rail, highway, or water transporter that has discharged used oil must
395
do the following:
396
397
A) Give
notice, if required by federal 49 CFR 171.15 (Immediate
398
Notice of Certain Hazardous Materials Incidents), incorporated by
399
reference in 35 Ill. Adm. Code 720.111(b), to the National
400
Response Center (800-424-8802 or 202-426-2675); and
401
402
B) Report in writing as required by federal 49 CFR 171.16 (Detailed
403
Hazardous Materials Incident Reports), incorporated by reference
404
in 35 Ill. Adm. Code 720.111(b), to the Director, Office of
405
Hazardous Materials Regulations, Materials Transportation Bureau,
406
Department of Transportation, Washington, DC 20590.
407
408
4) A water transporter that has discharged used oil must give notice as required
409
by federal 33 CFR 153.203 (Procedure for the Notice of Discharge),
410
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
411
412
5) A transporter must clean up any used oil dischargedischarged that occurs
413
during transportation or take such action as may be required or approved by
414
federal, state, or local officials so that the used oil discharge no longer
415
presents a hazard to human health or the environment.
416
417 (Source:
Amended at 32 Ill. Reg.
, effective )
418
419 Section 739.144 Rebuttable Presumption for Used Oil
JCAR350739-0805904r01
420
421
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a)
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To ensure that used oil is not a hazardous waste under the rebuttable presumption of
422
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Section 739.110(b)(1)(ii), the used oil transporter must determine whether the total
423?
halogen content of used oil being transportedtranTerter or stored at a transfer
424?
facility is above or below 1,000 ppm.
425
426?b)?
The transporter must make this determination by the following means:
427
428? 1)?
Testing the used oil; or
429
430?
2)
?
Applying knowledge of the halogen content of the used oil in light of the
431?
materials or processes used.
432
433?
c)
?
If the used oil contains greater than or equal to 1,000 ppm total halogens, it is
434
?
presumed to be a hazardous waste because it has been mixed with halogenated
435?
hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721. The owner or
436?
operator may rebut the presumption by demonstrating that the used oil does not
437?
contain hazardous waste (for example, by showing that the used oil does not contain
438?
significant concentrations of halogenated hazardous constituents listed in Appendix
439
?
H of 35 Ill. Adm. Code 721).
440
441
?
1)?
The rebuttable presumption does not apply to metalworking oils and fluids
442?
containing chlorinated paraffins, if they are processed, through a tolling
443?
arrangement as described in Section 739.124(c), to reclaim metalworking
444?
oils and fluids. The presumption does apply to metalworking oils and fluids
445?
if such oils and fluids are recycled in any other manner, or disposed.
446
447?
2)?
The rebuttable presumption does not apply to used oils contaminated with
448?
chlorofluorocarbons (CFCs) removed from refrigeration units if the
449?
CFCsCFC are destined for reclamation. The rebuttable presumption does
450?
apply to used oils contaminated with CFCs that have been mixed with used
451?
oil from sources other than refrigeration units.
452
453?
d)
?
Record retention. Records of analyses conducted or information used to comply
454?
with subsections (a), (b), and (c) of this Section must be maintained by the
455?
transporter for at least three years.
456
457?
(Source: Amended at 32 Ill. Reg. ?
, effective ? )
458
459 Section 739.145 Used Oil Storage at Transfer Facilities
460
461?
A used oil transporter is subject to all applicable Spill Prevention, Control and Countermeasures
462?
(40 CFR 112) in addition to the requirements of this Subpart E. A used oil transporter is also
JCAR350739-0805904r01
463 subject to the Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored in
464 underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in
465 addition to the requirements of this Subpart.
466
467 a) Applicability. This Section applies to used oil transfer facilities. Used oil transfer
468
facilities are transportation-related facilities including loading docks, parking
469
areas, storage areas, and other areas where shipments of used oil are held for more
470
than 24 hours during the noimal course of transportation and not longer than 35
471
days. A transfer facility that store used oil for more than 35 days are subject to
472
regulation under Subpart F of this Part.
473
474 b) Storage units. An owner or operator of a used oil transfer facility may not store
475
used oil in units other than tanks, containers, or units subject to regulation under
476
35 Ill. Adm. Code 724 or 725.
477
478 c) Condition of units. The following must be true of containers and aboveground
479
tanks used to store used oil at a transfer facility:
480
481
1) The
containers must be in good condition (no severe rusting, apparent
482
structural defects or deterioration); and
483
484
2) The
containers may not be leaking (no visible leaks).
485
486 d) Secondary containment for containers. Containers used to store used oil at a
487
transfer facility must be equipped with a secondary containment system.
488
489
1) The
secondary containment system must consist of the following, at a
490
minimum:
491
492
A) Both of the following:
493
494
i) Dikes,
berms, or retaining walls; and
495
496
ii) A
floor. The floor must cover the entire area within the
497
dikes, berms, or retaining walls; or
498
499
B) An
equivalent secondary containment system.
500
501
2) The
entire containment system, including walls and floors, must be
502
sufficiently impervious to used oil to prevent any used oil released into the
503
containment system from migrating out of the system to the soil,
504
groundwater, or surface water.
505
JCAR350739-0805904r01
506 e) Secondary
containment for existing aboveground tanks. Existing aboveground
507
tanks used to store used oil at a transfer facility must be equipped with a
508
secondary containment system.
509
510
1) The
secondary containment system must consist of the following, at a
511
minimum:
512
513
A) Both of the following:
514
515
i) Dikes, berms, or retaining walls; and
516
517
ii) A
floor. The floor must cover the entire area within the
518
dike, berm, or retaining wall except areas where existing
519
portions of the tank meet the ground; or
520
521
B) An equivalent secondary containment system.
522
523
2) The
entire containment system, including walls and floors, must be
524
sufficiently impervious to used oil to prevent any used oil released into the
525
containment system from migrating out of the system to the soil,
526
groundwater, or surface water.
527
528 f) Secondary
containment for new aboveground tanks. New aboveground tanks
529
used to store used oil at a transfer facility must be equipped with a secondary
530
containment system.
531
532
1) The
secondary containment system must consist of the following, at a
533
minimum:
534
535
A) Both of the following:
536
537
i) Dikes,
berms, or retaining walls; and
538
539
ii) A
floor. The floor must cover the entire area within the
540
dike, berm, or retaining wall; or
541
542
B) An
equivalent secondary containment system.
543
544
2) The
entire containment system, including walls and floors, must be
545
sufficiently impervious to used oil to prevent any used oil released into the
546
containment system from migrating out of the system to the soil,
547
groundwater, or surface water.
548
JCAR350739-0805904r01
549 g) Labels.
550
551
1) Containers
and aboveground tanks used to store used oil at transfer
552
facilities must be labeled or marked clearly with the words "Used Oil."
553
554
2) Fill
pipes used to transfer used oil into underground storage tanks at
555
transfer facilities must be labeled or marked clearly with the words "Used
556
Oil."
557
558 h) Response
to releases. Upon detection of a release of used oil to the environment
559
that is not subject to the federal requirements of subpart F of 40 CFR 280 and
560
which has occurred after October 4, 1996, an owner or operator of a transfer
561
facility must perform the following cleanup steps:
562
563
BOARD NOTE: Corresponding 40 CFR 279.45(h) applies to releases that
564
"occurred after the effective date of the authorized used oil program for the State
565
in which the release is located." The Board adopted the used oil standards in
566
docket R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA
567
approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective
568
October 4, 1996. The Board has interpreted "the effective date of the authorized
569
used oil program" to mean the October 4, 1996 date of federal authorization of the
570
Illinois program, and we substituted that date for the federal effective date
571
language. Had USEPA written something like "the effective date of the used oil
572
program in the authorized State in which the release is located," the Board would
573
have used the November 22, 1993 effective date of the Illinois used oil standards.
574
575
1) Stop the release;
576
577
2) Contain the released used oil;
578
579
3) Properly
clean up and manage the released used oil and other materials;
580
and
581
582
4) If
necessary, repair or replace any leaking used oil storage containers or
583
tanks prior to returning them to service.
584
585 (Source:
Amended at 32 Ill. Reg.
, effective
)
586
587
SUBPART F: STANDARDS FOR USED OIL PROCESSORS
588
589
Section 739.152 General Facility Standards
590
591 a) Preparedness and prevention. An owner or operator of a used oil processing or
JCAR350739-0805904r01
592
re-refining facility must comply with the following requirements:
593
594
1) Maintenance
and operation of a facility. All facilities must be maintained
595
and operated to minimize the possibility of a fire, explosion, or any
596
unplanned sudden or non-sudden release of used oil to air, soil, or surface
597
water that could threaten human health or the environment.
598
599
2) Required
equipment. All facilities must be equipped with the following,
600
unless none of the hazards posed by used oil handled at the facility could
601
require a particular kind of equipment specified in subsections (a)(2)(A)
602
through (a)(2)(D) of this Section:
603
604
A) An
internal communications or alarm system capable of providing
605
immediate emergency instruction (voice or signal) to facility
606
personnel;
607
608
B) A
device, such as a telephone (immediately available at the scene
609
of operations) or a hand-held two-way radio, capable of
610
summoning emergency assistance from local police departments,
611
fire departments, or State or local emergency response teams;
612
613
C) Portable fire extinguishers, fire control equipment (including
614
special extinguishing equipment, such as that using foam, inert gas,
615
or dry chemicals), spill control equipment, and decontamination
616
equipment; and
617
618
D) Water
at adequate volume and pressure to supply water hose
619
streams, foam producing equipment, automatic sprinklers, or water
620
spray systems.
621
622
Testing and maintenance of equipment. All facility communications or
623
alarm systems, fire protection equipment, spill control equipment, and
624
decontamination equipment, where required, must be tested and
625
maintained as necessary to assure its proper operation in time of
626
emergency.
627
628
4) Access
to communications or alarm system.
629
630
A) Whenever
used oil is being poured, mixed, spread, or otherwise
631
handled, all personnel involved in the operation must have
632
immediate access to an internal alarm or emergency
633
communication device, either directly or through visual or voice
634
contact with another employee, unless such a device is not required
JCAR350739-0805904r01
635
in subsection (a)(2) of this Section.
636
637
B) If
there is ever just one employee on the premises while the facility
638
is operating, the employee must have immediate access to a device,
639
such as a telephone (immediately available at the scene of
640
operation) or a hand-held two-way radio, capable of summoning
641
external emergency assistance, unless such a device is not required
642
in subsection (a)(2) of this Section.
643
644
5) Required
aisle space. The owner or operator must maintain aisle space to
645
allow the unobstructed movement of personnel, fire protection equipment,
646
spill control equipment, and decontamination equipment to any area of
647
facility operation in an emergency, unless aisle space is not needed for any
648
of these purposes.
649
650
6) Arrangements
with local authorities.
651
652
A) The
owner or operator must attempt to make the following
653
arrangements, as appropriate for the type of used oil handled at the
654
facility and the potential need for the services of these
655
organizations:
656
657
i) Arrangements
to familiarize police, fire departments, and
658
emergency response teams with the layout of the facility,
659
properties of used oil handled at the facility and associated
660
hazards, places where facility personnel would normally be
661
working, entrances to roads inside the facility, and possible
662
evacuation routes;
663
664
ii) Where
more than one police and fire department might
665
respond to an emergency, agreements designating primary
666
emergency authority to a specific police and a specific fire
667
department, and agreements with any others to provide
668
support to the primary emergency authority;
669
670
iii) Agreements
with State emergency response teams,
671
emergency response contractors, and equipment suppliers;
672
and
673
674
iv) Arrangements
to familiarize local hospitals with the
675
properties of used oil handled at the facility and the types
676
of injuries or illnesses that could result from fires,
677
explosions, or releases at the facility.
JCAR350739-0805904r01
678
679
B) Where State or local authorities decline to enter into such
680
arrangements, the owner or operator must document the refusal in
681
the operating record.
682
683 b) Contingency
plan and emergency procedures. An owner or operator of a used oil
684
processing or re-refining facility must comply with the following requirements:
685
686
1) Purpose
and implementation of contingency plan.
687
688
A) Each
owner or operator must have a contingency plan for the
689
facility. The contingency plan must be designed to minimize
690
hazards to human health or the environment from fires, explosions,
691
or any unplanned sudden or non-sudden release of used oil to air,
692
soil, or surface water.
693
694
B) The
provisions of the plan must be carried out immediately
695
whenever there is a fire, explosion, or release of used oil that could
696
threaten human health or the environment.
697
698
2) Content of contingency plan.
699
700
A) The
contingency plan must describe the actions facility personnel
701
must take to comply with subsections (b)(1) and (b)(6) of this
702
Section in response to fires, explosions, or any unplanned sudden
703
or non-sudden release of used oil to air, soil, or surface water at the
704
facility.
705
706
B) If
the owner or operator has already prepared a Spill Prevention
707
Control and Countermeasures (SPCC) Plan in accordance with
708
federal 40 CFR 112 or 40 CFR 300, or some other emergency or
709
contingency plan, the owner or operator need only amend that plan
710
to incorporate used oil management provisions that are sufficient
711
to comply with the requirements of this Part.
712
713
C) The
plan must describe arrangements agreed to by local police
714
departments, fire departments, hospitals, contractors, and State and
715
local emergency response teams to coordinate emergency services,
716
pursuant to subsection (a)(6) of this Section.
717
718
D) The
plan must list names, addresses, and phone numbers (office
719
and home) of all persons qualified to act as emergency coordinator
720
(see subsection (b)(5) of this Section), and this list must be kept up
JCAR350739-0805904r01
721
to date. Where more than one person is listed, one must be named
722
as primary emergency coordinator and others must be listed in the
723
order in which they will assume responsibility as alternates.
724
725
E) The
plan must include a list of all emergency equipment at the
726
facility (such as fire extinguishing systems, spill control
727
equipment, communications and alaiiii systems (internal and
728
external), and decontamination equipment), where this equipment
729
is required. This list must be kept up to date. In addition, the plan
730
must include the location and a physical description of each item
731
on the list, and a brief outline of its capabilities.
732
733
F) The
plan must include an evacuation plan for facility personnel
734
where there is a possibility that evacuation could be necessary.
735
This plan must describe signals to be used to begin evacuation,
736
evacuation routes, and alternate evacuation routes (in cases where
737
the primary routes could be blocked by releases of used oil or
738
fires).
739
740
3) Copies
of contingency plan. Copies of the contingency plan and all
741
revisions to the plan must be disposed of as follows:
742
743
A) Maintained
at the facility; and
744
745
B) Submitted
to all local police departments, fire departments,
746
hospitals, and State and local emergency response teams that may
747
be called upon to provide emergency services.
748
749
4) Amendment
of contingency plan. The contingency plan must be
750
reviewed, and immediately amended, if necessary, whenever one of the
751
following occurs:
752
753
A) Applicable
regulations are revised;
754
755
B) The
plan fails in an emergency;
756
757
C) The
facility changes — in its design, construction, operation,
758
maintenance, or other circumstances — in a way that materially
759
increases the potential for fires, explosions, or releases of used oil,
760
or changes the response necessary in an emergency;
761
762
D) The
list of emergency coordinators changes; or
763
JCAR350739-0805904r01
764
E) The
list of emergency equipment changes.
765
766
5) Emergency
coordinator. At all times, there must be at least one employee
767
either on the facility premises or on call (i.e., available to respond to an
768
emergency by reaching the facility within a short period of time) with the
769
responsibility for coordinating all emergency response measures. This
770
emergency coordinator must be thoroughly familiar with all aspects of the
771
facility's contingency plan, all operations and activities at the facility, the
772
location and characteristic of used oil handled, the location of all records
773
within the facility, and facility layout. In addition, this person must have
774
the authority to commit the resources needed to carry out the contingency
775
plan.
776
777
BOARD NOTE: USEPA cited the following as guidance: "The
778
emergency coordinator's responsibilities are more fully spelled out in
779
[subsection (b)(6) of this Section]. Applicable responsibilities for the
780
emergency coordinator vary, depending on factors such as type and
781
variety of used oil handled by the facility, and type and complexity of the
782
facility."
783
784 6) Emergency procedures.
785
786
A) Whenever
there is an imminent or actual emergency situation, the
787
emergency coordinator (or the designee when the emergency
788
coordinator is on call) must immediately do the following:
789
790
i) Activate
internal facility alarms or communication systems,
791
where applicable, to notify all facility personnel; and
792
793
ii) Notify
appropriate State or local agencies with designated
794
response roles if their help is needed.
795
796
B) Whenever
there is a release, fire, or explosion, the emergency
797
coordinator must immediately identify the character, exact source,
798
amount, and areala-r-eal extent of any released materials. He or she
799
may do this by observation or review of facility records oref
800
manifests and, if necessary, by chemical analysesanalysts.
801
802
C) Concurrently,
the emergency coordinator must assess possible
803
hazards to human health or the environment that may result from
804
the release, fire, or explosion. This assessment must consider both
805
direct and indirect effects of the release, fire, or explosion (e.g., the
806
effects of any toxic, irritating, or asphyxiating gases that are
JCAR350739-0805904r01
807
generated, or the effects of any hazardous surface water run-offs
808
from water oref chemical agents used to control fire and heat-
809
induced explosions).
810
811
D) If
the emergency coordinator determines that the facility has had a
812
release, fire, or explosion that could threaten human health, or the
813
environment, outside the facility, he or she must report his findings
814
as follows:
815
816
i) If
his assessment indicated that evacuation of local areas
817
may be advisable, he or she must immediately notify
818
appropriate local authorities. He or she must be available
819
to help appropriate officials decide whether local areas
820
should be evacuated; and
821
822
ii) He
must immediately notify either the government official
823
designated as the on-scene coordinator for the geographical
824
area (in the applicable regional contingency plan under
825
federal 40 CFR 300), or the National Response Center
826
(using their 24-hour toll free number (800) 424-8802). The
827
report must include the following information: name and
828
telephone number of reporter; name and address of facility;
829
time and type of incident (e.g., release, fire); name and
830
quantity of materials involved, to the extent known; the
831
extent of injuries, if any; and the possible hazards to human
832
health, or the environment, outside the facility.
833
834
E) During
an emergency, the emergency coordinator must take all
835
reasonable measures necessary to ensure that fires, explosions, and
836
releases do not occur, recur, or spread to other used oil or
837
hazardous waste at the facility. These measures must include,
838
where applicable, stopping processes and operation, collecting and
839
containing released used oil, and removing or isolating containers.
840
841
F) If
the facility stops operation in response to a fire, explosion, or
842
release, the emergency coordinator must monitor for leaks,
843
pressure buildup, gas generation, or ruptures in valves, pipes, or
844
other equipment, wherever this is appropriate.
845
846
G) Immediately
after an emergency, the emergency coordinator must
847
provide for recycling, storing, or disposing of recovered used oil,
848
contaminated soil or surface water, or any other material that
849
results from a release, fire, or explosion at the facility.
JCAR350739-0805904r01
850
851
H) The
emergency coordinator must ensure that the following occur,
852
in the affected areas of the facility:
853
854
i) No
waste or used oil that may be incompatible with the
855
released material is recycled, treated, stored, or disposed of
856
until cleanup procedures are completed; and
857
858
ii) All
emergency equipment listed in the contingency plan is
859
cleaned and fit for its intended use before operations are
860
resumed.
861
862
iii) The
owner or operator must notify the Agency, and all
863
other appropriate State and local authorities that the facility
864
is in compliance with subsections (b)(6)(H)(i) and
865
(b)(6)(H)(ii) of this Section before operations are resumed
866
in the affected areas of the facility.
867
868
I) The
owner or operator must note in the operating record the time,
869
date, and details of any incident that requires implementing the
870
contingency plan. Within 15 days after the incident, it must submit
871
a written report on the incident to USEPA Region 5. The report
872
must include the following:
873
874
i) The
name, address, and telephone number of the owner or
875
operator;
876
877
ii) The
name, address, and telephone number of the facility;
878
879
iii) The
date, time, and type of incident (e.g., fire, explosion);
880
881
iv) The
name and quantity of materials involved;
882
883
v) The
extent of injuries, if any;
884
885
vi) An
assessment of actual or potential hazards to human
886
health or the environment, where this is applicable; and
887
888
vii) The
estimated quantity and disposition of recovered
889
material that resulted from the incident.
890
891 (Source:
Amended at 32 Ill. Reg.
, effective
)
892
JCAR350739-0805904r01
893
Section 739.155 Analysis Plan
894
895 An owner or operator of a used oil processing or re-refining facility must develop and follow a
896 written analysis plan describing the procedures that will be used to comply with the analysis
897 requirements
of Section 739.153 and, if applicable, Section 739.172. The owner or operator
898 must keep the plan at the facility.
899
900 a) Rebuttable
presumption for used oil in Section 739.153. At a minimum, the plan
901
must specify the following:
902
903
1) Whether
sample analyses or knowledge of the halogen content of the used
904
oil will be used to make this determination;
905
906
2) If
sample analyses are used to make this determination, the following
907
requirements must be fulfilled:
908
909
A) The
sampling method used to obtain representative samples to be
910
analyzed. A representative sample may be obtained using either of
911
the following:
912
913
i) One
of the sampling methods in Appendix I of 35 Ill. Adm.
914
Code 721; or
915
916
ii) A
method shown to be equivalent under 35 Ill. Adm. Code
917
720.120 and 720.121;
918
919
B) The
frequency of sampling to be performed, and whether the
920
analysis will be performed on-site or off-site; and
921
922
C) The methods used to analyze used oil for the parameters specified
923
in Section 739.153; and
924
925
3) The
type of information that will be used to determine the halogen content
926
of the used oil.
927
928 b) On-specification used oil fuel in Section 739.172. At a minimum, the plan must
929
specify the following if Section 739.172 is applicable:
930
931
1) Whether
sample analyses or other information will be used to make this
932
determination;
933
934
2) If
sample analyses are used to make this determination, the following must
935
be specified:
JCAR350739-0805904r01
936
937
A) The
sampling method used to obtain representative samples to be
938
analyzed. A representative sample may be obtained using either of
939
the following:
940
941
i) One
of the sampling methods in Appendix I of 35 Ill. Adm.
942
Code 721; or
943
944
ii) A
method shown to be equivalent under 35 Ill. Adm. Code
945
720.120 and 720.121;
946
947
B) Whether
used oil will be sampled and analyzed prior to or after any
948
processing;
949
950
C) The
frequency of sampling to be performed, and whether the
951
analysis will be performed on-site or off-site; and
952
953
D) The
methods used to analyze used oil for the parameters specified
954
in Section 739.172; and
955
956
3) The
type of information that will be used to make the on-specification
957
used oil fuel determination.
958
959 (Source: Amended at 32 Ill. Reg.
, effective )
960
961
Section 739.159 Management of Residues
962
963 An
owner or operator that generates residues from the storage, processing, or re-refiningr-e–fining
964 of
used oil must manage the residues as specified in Section 739.110(e).
965
966 (Source:
Amended at 32 Ill. Reg.
, effective )
967
968 SUBPART G: STANDARDS FOR USED OIL BURNERS THAT BURN
969
OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY
970
971
Section 739.164 Used Oil Storage
972
973 A used oil burner is subject to all applicable Spill Prevention, Control and Countermeasures
974 (federal 40 CFR 112) in addition to the requirements of this Subpart G. A used oil burner is also
975 subject
to the Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored in
976 underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in
977 addition
to the requirements of this Subpart G.
978
JCAR350739-0805904r01
979 a) Storage
units. A used oil burner may not store used oil in units other than tanks,
980
containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.
981
982 b) Condition
of units. The following must be true of containers and aboveground
983
tanks used to store used oil at a burner facility:
984
985
1) The
containers must be in good condition (no severe rusting, apparent
986
structural defects or deterioration); and
987
988
2) The
containers may not be leaking (no visible leaks).
989
990 c) Secondary
containment for containers. Containers used to store used oil at a
991
burner facility must be equipped with a secondary containment system.
992
993
1) The
secondary containment system must consist of the following, at a
994
minimum:
995
996
A) Dikes,
berms, or retaining walls; and
997
998
B) A
floor. The floor must cover the entire area within the dike,
999
berm, or retaining wall.
1000
1001
2) The
entire containment system, including walls and floor, must be
1002
sufficiently impervious to used oil to prevent any used oil released into the
1003
containment system from migrating out of the system to the soil,
1004
groundwater, or surface water.
1005
1006 d) Secondary
containment for existing aboveground tanks. Existing aboveground
1007
tanks used to store used oil at burner facilities must be equipped with a secondary
1008
containment system.
1009
1010
1) The
secondary containment system must consist of the following, at a
1011
minimum:
1012
1013
A) Both of the following:
1014
1015
i) Dikes,
berms, or retaining walls; and
1016
1017
ii) A
floor. The floor must cover the entire area within the
1018
dike, berm, or retaining wall except areas where existing
1019
portions of the tank meet the ground; or
1020
1021
B) An
equivalent secondary containment system.
JCAR350739-0805904r01
1022
1023
2) The
entire containment system, including walls and floor, must be
1024
sufficiently impervious to used oil to prevent any used oil released into the
1025
containment system from migrating out of the system to the soil,
1026
groundwater, or surface water.
1027
1028 e) Secondary
containment for newexisting aboveground tanks. A new aboveground
1029
tank used to store used oil at burner facilities must be equipped with a secondary
1030
containment system.
1031
1032
1) The
secondary containment system must consist of the following, at a
1033
minimum:
1034
1035
A) Both
of the following:
1036
1037
i) Dikes,
berms, or retaining walls; and
1038
1039
ii) A
floor. The floor must cover the entire area within the
1040
dike, berm, or retaining wall; or
1041
1042
B) An
equivalent secondary containment system.
1043
1044
2) The
entire containment system, including walls and floor, must be
1045
sufficiently impervious to used oil to prevent any used oil released into the
1046
containment system from migrating out of the system to the soil,
1047
groundwater, or surface water.
1048
1049 f) Labels.
1050
1051
1) A
container or aboveground tank used to store used oil at a burner facility
1052
must be labeled or marked clearly with the words "Used Oil."
1053
1054
2) Fill
pipes used to transfer used oil into underground storage tanks at
1055
burner facilities must be labeled or marked clearly with the words "Used
1056
Oil."
1057
1058 g) Response to releases. Upon detection of a release of used oil to the environment
1059
that is not subject to the federal requirements of subpart F of 40 CFR 280 and
1060
which has occurred after October 4, 1996, a burner must perform the following
1061
cleanup steps:
1062
1063
BOARD NOTE: Corresponding 40 CFR 279.64(g) applies to releases that
1064
"occurred after the effective date of the authorized used oil program for the State
JCAR350739-0805904r01
1065
in which the release is located." The Board adopted the used oil standards in
1066
docket R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA
1067
approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective
1068
October 4, 1996. The Board has interpreted "the effective date of the authorized
1069
used oil program" to mean the October 4, 1996 date of federal authorization of the
1070
Illinois program, and we substituted that date for the federal effective date
1071
language. Had USEPA written something like "the effective date of the used oil
1072
program in the authorized State in which the release is located," the Board would
1073
have used the November 22, 1993 effective date of the Illinois used oil standards.
1074
1075
1) Stop the release;
1076
1077
2) Contain
the released used oil;
1078
1079
3) Properly
clean up and manage the released used oil and other materials;
1080
and
1081
1082
4) If
necessary, repair or replace any leaking used oil storage containers or
1083
tanks prior to returning them to service.
1084
1085 (Source:
Amended at 32 Ill. Reg.
, effective