NR 679.42NR 679.42 Notification and Licensing. NR 679.42(1)(1) Identification numbers. Used oil transporters 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 679.42(2)(2) Mechanics of notification. A used oil transporter 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 679.42 NoteNote: See s. NR 660.07 for information on obtaining EPA form 8700-12. NR 679.42(3)(3) Licensing. Notwithstanding s. NR 502.06 (2), used oil transporters shall obtain a department solid waste collection and transportation service license, issued under s. NR 502.06. NR 679.42 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.43(1)(1) Deliveries. A used oil transporter shall deliver all used oil received to any of the following: NR 679.43(1)(a)(a) Another used oil transporter, if the transporter has obtained an EPA identification number. NR 679.43(1)(b)(b) A used oil processing or re-refining facility who has obtained an EPA identification number. NR 679.43(1)(c)(c) An off-specification used oil burner facility who has obtained an EPA identification number. NR 679.43(2)(2) Department of transportation requirements. Used oil transporters shall comply with all applicable requirements under the U.S. department of transportation regulations in 49 CFR parts 171 to 180. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 shall comply with all applicable regulations in 49 CFR parts 171 to 180. NR 679.43(3)(a)(a) In the event of a discharge of used oil during transportation, the transporter shall take appropriate immediate action to protect human health and the environment (e.g., notify appropriate authorities, dike the discharge area). NR 679.43(3)(b)(b) 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 transporters who do not have EPA identification numbers or department solid waste collection and transportation service licenses. NR 679.43(3)(c)(c) An air, rail, highway or water transporter who has discharged used oil shall do all of the following: NR 679.43(3)(e)(e) A transporter shall clean up any used oil discharge that occurs during transportation or take 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. NR 679.43 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.44NR 679.44 Rebuttable presumption for used oil. NR 679.44(1)(1) To ensure that used oil is not a hazardous waste under the rebuttable presumption of s. NR 679.10 (2) (a) 2., the used oil transporter shall determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm. NR 679.44(2)(2) The transporter shall make this determination by doing either of the following: NR 679.44(2)(b)(b) Applying knowledge of the halogen content of the used oil in light of the materials or processes used. NR 679.44(3)(3) Used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subch. D of ch. NR 661. The 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 ch. NR 661 Appendix VIII). NR 679.44(3)(a)(a) The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in s. NR 679.24 (3), to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if the oils or fluids are recycled in any other manner, or are disposed. NR 679.44(3)(b)(b) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the 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. NR 679.44(4)(4) Records of analyses conducted or information used to comply with subs. (1) to (3) shall be maintained by the transporter for at least 3 years. NR 679.44 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (intro.) Register July 2017 No. 739, eff. 8-1-17. NR 679.45NR 679.45 Used oil storage at transfer facilities. Used oil transporters are subject to all applicable spill prevention, control and countermeasures (40 CFR part 112) in addition to this subchapter. Used oil transporters are also subject to the underground storage tank (ch. ATCP 93) requirements for used oil stored in underground tanks, whether or not the used oil exhibits any hazardous waste characteristics, in addition to this subchapter. NR 679.45(1)(1) Applicability. This section applies to used oil transfer facilities as defined in s. NR 679.01. Transfer facilities that store used oil for more than 35 days are regulated under subch. F. NR 679.45(2)(2) Storage units. Owners or operators of used oil transfer facilities may not store used oil in units other than tanks, containers, or units regulated under ch. NR 664 or 665. NR 679.45(3)(3) Condition of units. Containers and above ground tanks used to store used oil at transfer facilities shall be all of the following: NR 679.45(3)(a)(a) In good condition (no severe rusting, apparent structural defects or deterioration). NR 679.45(4)(4) Secondary containment for containers. Containers used to store used oil at transfer facilities shall be equipped with a secondary containment system. NR 679.45(4)(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(4)(a)2.2. A floor. The floor shall cover the entire area within the dikes, berms or retaining walls. NR 679.45(4)(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(5)(5) Secondary containment for existing above ground tanks. Existing above ground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system. NR 679.45(5)(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(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 HistoryHistory: 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.47NR 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
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