Section 33-24-05-654 - Used oil managementUsed oil processors are subject to all applicable spill prevention, control, and countermeasures [40 CFR part 112] in addition to the requirements of sections 33-24-05-650 through 33-24-05-659. Used oil processors are also subject to the underground storage tank ( 33-24-08) 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 sections 33-24-05-650 through 33-24-05-659.
1.Management units. Used oil processors may not store used oil in units other than tanks, containers, or units subject to regulation under sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, 33-24-05-800 through 33-24-05-819, or the applicable requirements of subsection 5 of section 33-24-06-16.2.Condition of units. Containers and aboveground tanks used to store or process used oil at processing facilities must be: a. In good condition (no severe rusting, apparent structural defects, or deterioration); andb. Not leaking (no visible leaks).3.Secondary containment for containers. Containers used to store or process used oil at processing facilities must be equipped with a secondary containment system. a. The secondary containment system must consist of, at a minimum: (1) Dikes, berms, or retaining walls; and(2) A floor. The floor must cover the entire area within the dike, berm, or retaining walls; or(3) An equivalent secondary containment system.b. 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, ground water, or surface water.4.Secondary containment for existing aboveground tanks. Existing aboveground tanks used to store or process used oil at processing facilities must be equipped with a secondary containment system. a. The secondary containment system must consist of, at a minimum: (1) Dikes, berms, or retaining walls; and(2) 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(3) An equivalent secondary containment system.b. 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, ground water, or surface water.5.Secondary containment for new aboveground tanks. New aboveground tanks used to store or process used oil at processing facilities must be equipped with a secondary containment system. a. The secondary containment system must consist of, at a minimum: (1) Dikes, berms, or retaining walls; and(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or(3) An equivalent secondary containment system.b. 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, ground water, or surface water.6.Labels.a. Containers and aboveground tanks used to store or process used oil at processing facilities must be labeled or marked clearly with the words "Used Oil".b. Fill pipes used to transfer used oil into underground storage tanks at processing facilities must be labeled or marked clearly with the words "Used Oil".7.Response to releases. Upon detection of a release of used oil to the environment not subject to the requirements of 33-24-08, sections 33-24-08-50 through 33-24-08-59, an owner or operator must perform the following cleanup steps: b. Contain the released used oil;c. Clean up and manage properly the released used oil and other materials; andd. If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.8.Closure.a. Aboveground tanks. Owners and operators who store or process used oil in aboveground tanks must comply with the following requirements:(1) At closure of a tank system, the owner or operator must remove or decontaminate used oil residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under 33-24.(2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph 1, then the owner or operator must close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements that apply to hazardous waste landfills (section 33-24-05-180).b. Containers. Owners and operators who store used oil in containers must comply with the following requirements: (1) At closure, containers holding used oils or residues of used oil must be removed from the site; and(2) The owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under 33-24-02.N.D. Admin Code 33-24-05-654
Effective January 1, 1994; amended effective July 1, 1997; December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04