NR 679.45(5)(a)2.
2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall except areas where existing portions of the tank meet the ground.
NR 679.45(5)(b)
(b) The entire containment system, including walls and floors, shall 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.
NR 679.45(6)
(6)
Secondary containment for new above ground tanks. New above ground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system.
NR 679.45(6)(a)
(a) The secondary containment system shall consist of, at a minimum, the following in subds.
1. and
2., or subd.
3.:
NR 679.45(6)(a)2.
2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.
NR 679.45(6)(b)
(b) The entire containment system, including walls and floors, shall 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.
NR 679.45(7)(a)(a) Containers and above ground tanks used to store used oil at transfer facilities shall be labeled or marked clearly with the words “Used Oil".
NR 679.45(7)(b)
(b) Fill pipes used to transfer used oil into underground storage tanks at transfer facilities shall be labeled or marked clearly with the words “Used Oil".
NR 679.45(8)
(8)
Response to releases. Upon detection of a release of used oil to the environment, the owner or operator of a transfer facility shall perform all of the following cleanup steps:
NR 679.45(8)(c)
(c) Clean up and properly manage the released used oil and other materials.
NR 679.45(8)(d)
(d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
NR 679.45 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register October 2013 No. 694.
NR 679.46(1)(1)
Acceptance. Used oil transporters shall keep a record of each used oil shipment accepted for transport. Records for each shipment shall include all of the following:
NR 679.46(1)(a)
(a) The name and address of the generator, transporter, or processor or re-refiner who provided the used oil for transport.
NR 679.46(1)(b)
(b) The EPA identification number (if applicable) of the generator, transporter, or processor or re-refiner who provided the used oil for transport.
NR 679.46(1)(e)1.1. Except as provided in subd.
2., the signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor or re-refiner who provided the used oil for transport.
NR 679.46(1)(e)2.
2. Intermediate rail transporters are not required to sign the record of acceptance.
NR 679.46(2)
(2)
Deliveries. Used oil transporters shall keep a record of each shipment of used oil that is delivered to another used oil transporter, or to a used oil burner, processor or re-refiner, or disposal facility. Records of each delivery shall include all of the following:
NR 679.46(2)(a)
(a) The name and address of the receiving facility or transporter.
NR 679.46(2)(b)
(b) The EPA identification number of the receiving facility or transporter.
NR 679.46(2)(e)1.1. Except as provided in subd.
2., the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter.
NR 679.46(2)(e)2.
2. Intermediate rail transporters are not required to sign the record of delivery.
NR 679.46(3)
(3)
Exports of used oil. Used oil transporters shall maintain the records described in sub.
(2) (a) to
(d) for each shipment of used oil exported to any foreign country.
NR 679.46(4)
(4)
Record retention. The records described in subs.
(1) to
(3) shall be maintained for at least 3 years.
NR 679.46 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.47
NR 679.47 Management of residues. Transporters who generate residues from the storage or transport of used oil shall manage the residues as specified in s.
NR 679.10 (5).
NR 679.47 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.50(1)(1)
This subchapter applies to owners and operators of facilities that process used oil. Processing is defined in s.
NR 679.01. This subchapter does not apply to any of the following:
NR 679.50(1)(a)
(a) Transporters that conduct incidental processing operations that occur during the normal course of transportation as provided in s.
NR 679.41.
NR 679.50(1)(b)
(b) Burners that conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in s.
NR 679.61 (2).
NR 679.50(2)
(2) Used oil processors or re-refiners who conduct any of the following activities are also subject to the following subchapters:
NR 679.50(2)(a)
(a) Processors or re-refiners who generate used oil shall also comply with subch.
C.
NR 679.50(2)(b)
(b) Processors or re-refiners who transport used oil shall also comply with subch.
E.
NR 679.50(2)(c)
(c) Except as provided in subds.
1. and
2., processors or re-refiners who burn off-specification used oil for energy recovery shall also comply with subch.
G. Processors or re-refiners burning used oil for energy recovery under any of the following conditions are not subject to subch.
G:
NR 679.50(2)(c)2.
2. The used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing.
NR 679.50(2)(d)
(d) Processors or re-refiners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications in s.
NR 679.11 shall also comply with subch.
H.
NR 679.50(2)(e)
(e) Processors or re-refiners who dispose of used oil shall also comply with subch.
I.
NR 679.50 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.51(1)(1)
Identification numbers. Used oil processors and re-refiners who have not previously complied with the notification requirements of s.
NR 660.07 shall comply with this section and obtain an EPA identification number.
NR 679.51(2)
(2)
Mechanics of notification. A used oil processor or re-refiner who has not received an EPA identification number may obtain one by notifying the department of its used oil activity by submitting a completed EPA form 8700-12.
NR 679.51 Note
Note: See s.
NR 660.07 for information on obtaining EPA form 8700-12.
NR 679.51 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.52
NR 679.52 General facility standards. NR 679.52(1)(1)
Preparedness and prevention. Owners and operators of used oil processing and re-refining facilities shall comply with all of the following requirements:
NR 679.52(1)(a)
(a)
Maintenance and operation of facility. Facilities shall 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 which could threaten human health or the environment.
NR 679.52(1)(b)
(b)
Required equipment. All facilities shall be equipped with all of the following, unless none of the hazards posed by used oil handled at the facility could require a particular kind of equipment specified in subds.
1. to
4.:
NR 679.52(1)(b)1.
1. An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.
NR 679.52(1)(b)2.
2. 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.
NR 679.52(1)(b)3.
3. 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.
NR 679.52(1)(b)4.
4. Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers or water spray systems.
NR 679.52(1)(c)
(c)
Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.
NR 679.52(1)(d)1.1. Whenever used oil is being poured, mixed, spread or otherwise handled, all personnel involved in the operation shall 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 par.
(b).
NR 679.52(1)(d)2.
2. If there is ever just one employee on the premises while the facility is operating, the employee shall 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 par.
(b).
NR 679.52(1)(e)
(e)
Required aisle space. The owner or operator shall 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.
NR 679.52(1)(f)1.
1. The owner or operator shall attempt to make all of 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:
NR 679.52(1)(f)1.a.
a. 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.
NR 679.52(1)(f)1.b.
b. 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.
NR 679.52(1)(f)1.c.
c. Agreements with state emergency response teams, emergency response contractors and equipment suppliers.
NR 679.52(1)(f)1.d.
d. Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions or releases at the facility.
NR 679.52(1)(f)2.
2. Where state or local authorities decline to enter into any of the arrangements described in subd.
1., the owner or operator shall document the refusal in the operating record.
NR 679.52(2)
(2)
Contingency plan and emergency procedures. Owners and operators of used oil processing and re-refining facilities shall comply with all of the following requirements:
NR 679.52(2)(a)1.
1. Each owner or operator shall have a contingency plan for the facility. The contingency plan shall 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.
NR 679.52(2)(a)2.
2. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion or release of used oil which could threaten human health or the environment.
NR 679.52(2)(b)1.1. The contingency plan shall describe the actions facility personnel must take to comply with pars.
(a) and
(f) 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.
NR 679.52(2)(b)2.
2. If the owner or operator has already prepared a spill prevention, control and countermeasures (SPCC) plan according to
40 CFR part 112 or
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 this chapter.
NR 679.52(2)(b)3.
3. The plan shall 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 sub.
(1) (f).
NR 679.52(2)(b)4.
4. The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see par.
(e)), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.
