Chapter NR 679

1) Name and telephone number of reporter.

2) Name and address of facility.

3) Time and type of incident (e.g., release, fire).

4) Name and quantity of materials involved, to the extent known.

5) The extent of injuries, if any.

6) The possible hazards to human health, or the environment, outside the facility.

NR 679.52(2)(f)5. 5. During an emergency, the emergency coordinator shall 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 shall include, where applicable, stopping processes and operations, collecting and containing released used oil and removing or isolating containers.

NR 679.52(2)(f)6. 6. If the facility stops operation in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes or other equipment, wherever this is appropriate.

NR 679.52(2)(f)7. 7. Immediately after an emergency, the emergency coordinator shall 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.

NR 679.52(2)(f)8. 8. The emergency coordinator shall ensure that, in the affected areas of the facility, all of the following are met:

NR 679.52(2)(f)8.a. a. 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.

NR 679.52(2)(f)8.b. b. All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

NR 679.52(2)(f)8.c. c. The owner or operator shall notify the department, and appropriate state and local authorities that the facility is in compliance with subd. 8. a. and b. before operations are resumed in the affected areas of the facility.

NR 679.52(2)(f)9. 9. The owner or operator shall 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, the owner or operator shall submit a written report on the incident to the department. The report shall include all of the following:

NR 679.52(2)(f)9.a. a. Name, address and telephone number of the owner or operator.

NR 679.52(2)(f)9.b. b. Name, address and telephone number of the facility.

NR 679.52(2)(f)9.c. c. Date, time and type of incident (e.g., fire, explosion).

NR 679.52(2)(f)9.d. d. Name and quantity of materials involved.

NR 679.52(2)(f)9.e. e. The extent of injuries, if any.

NR 679.52(2)(f)9.f. f. An assessment of actual or potential hazards to human health or the environment, where applicable.

NR 679.52(2)(f)9.g. g. Estimated quantity and disposition of recovered material that resulted from the incident.

NR 679.52 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.53 NR 679.53 Rebuttable presumption for used oil.

NR 679.53(1) (1) To ensure that used oil managed at a processing or re-refining facility is not hazardous waste under the rebuttable presumption of s. NR 679.10 (2) (a) 2., the owner or operator of a used oil processing or re-refining facility shall determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.

NR 679.53(2) (2) The owner or operator shall make this determination by doing any of the following:

NR 679.53(2)(a) (a) Testing the used oil.

NR 679.53(2)(b) (b) Applying knowledge of the halogen content of the used oil in light of the materials or processes used.

NR 679.53(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 679.53 Note Note: An example of demonstrating that the used oil does not contain hazardous waste is using an analytical method from EPA SW-846, incorporated by reference in s. NR 660.11, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in ch. NR 661 Appendix VIII.

NR 679.53(3)(a) (a) The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, 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 679.53(3)(b) (b) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where 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 679.53 History History: 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 679.54 NR 679.54 Used oil management. Used oil processors or re-refiners are subject to all applicable spill prevention, control and countermeasures (40 CFR part 112) in addition to this subchapter. Used oil processors or re-refiners 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 679.54(1) (1) Management units. Used oil processors or re-refiners may not store used oil in units other than tanks, containers or units regulated under ch. NR 664 or 665.

NR 679.54(2) (2) Condition of units. Containers and above ground tanks used to store or process used oil at processing and re-refining facilities shall be all of the following:

NR 679.54(2)(a) (a) In good condition (no severe rusting, apparent structural defects or deterioration).

NR 679.54(2)(b) (b) Not leaking (no visible leaks).

NR 679.54(3) (3) Secondary containment for containers. Containers used to store or process used oil at processing and re-refining facilities shall be equipped with a secondary containment system.

NR 679.54(3)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.54(3)(a)1. 1. Dikes, berms or retaining walls.

NR 679.54(3)(a)2. 2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.

NR 679.54(3)(a)3. 3. An equivalent secondary containment system.

NR 679.54(3)(b) (b) The entire containment system, including walls and floor, 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 679.54(4) (4) Secondary containment for existing above ground tanks. Existing above ground tanks used to store or process used oil at processing and re-refining facilities shall be equipped with a secondary containment system.

NR 679.54(4)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.54(4)(a)1. 1. Dikes, berms or retaining walls.

NR 679.54(4)(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 679.54(4)(a)3. 3. An equivalent secondary containment system.

NR 679.54(4)(b) (b) The entire containment system, including walls and floor, 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 679.54(5) (5) Secondary containment for new above ground tanks. New above ground tanks used to store or process used oil at processing and re-refining facilities shall be equipped with a secondary containment system.

NR 679.54(5)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.54(5)(a)1. 1. Dikes, berms or retaining walls.

NR 679.54(5)(a)2. 2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.

NR 679.54(5)(a)3. 3. An equivalent secondary containment system.

NR 679.54(5)(b) (b) The entire containment system, including walls and floor, 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 679.54(6) (6) Labels.

NR 679.54(6)(a) (a) Containers and above ground tanks used to store or process used oil at processing and re-refining facilities shall be labeled or marked clearly with the words “Used Oil”.

NR 679.54(6)(b) (b) Fill pipes used to transfer used oil into underground storage tanks at processing and re-refining facilities shall be labeled or marked clearly with the words “Used Oil”.

NR 679.54(7) (7) Response to releases. Upon detection of a release of used oil to the environment, an owner or operator shall perform all of the following cleanup steps:

NR 679.54(7)(a) (a) Stop the release.

NR 679.54(7)(b) (b) Contain the released used oil.

NR 679.54(7)(c) (c) Clean up and properly manage the released used oil and other materials.

NR 679.54(7)(d) (d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

NR 679.54(8) (8) Closure.

NR 679.54(8)(a) (a) Above ground tanks. Owners and operators who store or process used oil in above ground tanks shall comply with all of the following requirements:

NR 679.54(8)(a)1. 1. At closure of a tank system, the owner or operator shall 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 ch. NR 661.

NR 679.54(8)(a)2. 2. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subd. 1., then the owner or operator shall close the tank system and perform long-term care according to the closure and long-term care requirements that apply to hazardous waste landfills (s. NR 665.0310).

NR 679.54(8)(b) (b) Containers. Owners and operators who store used oil in containers shall comply with all of the following requirements:

NR 679.54(8)(b)1. 1. At closure, containers holding used oils or residues of used oil shall be removed from the site.

NR 679.54(8)(b)2. 2. The owner or operator shall 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 ch. NR 661.

NR 679.54 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 679.55 NR 679.55 Analysis plan. Owners or operators of used oil processing and re-refining facilities shall develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of s. NR 679.53 and, if applicable, s. NR 679.72. The owner or operator shall keep the plan at the facility.

NR 679.55(1) (1) Rebuttable presumption for used oil in s. NR 679.53. At a minimum, the plan shall specify all of the following:

NR 679.55(1)(a) (a) Whether sample analyses or knowledge of the halogen content of the used oil will be used to make this determination.

NR 679.55(1)(b) (b) If sample analyses are used to make this determination, all of the following:

NR 679.55(1)(b)1. 1. The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using one of the following:

NR 679.55(1)(b)1.a. a. One of the sampling methods in ch. NR 661 Appendix I.

NR 679.55(1)(b)1.b. b. A method shown to be equivalent under ss. NR 660.20 and 660.21.

NR 679.55(1)(b)2. 2. The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site.

NR 679.55(1)(b)3. 3. The methods used to analyze used oil for the parameters specified in s. NR 679.53.

NR 679.55(1)(c) (c) The type of information that will be used to determine the halogen content of the used oil.

NR 679.55(2) (2) On-specification used oil fuel in s. NR 679.72. At a minimum, the plan shall specify all of the following if s. NR 679.72 is applicable:

NR 679.55(2)(a) (a) Whether sample analyses or other information will be used to make this determination.

NR 679.55(2)(b) (b) If sample analyses are used to make this determination, all of the following:

NR 679.55(2)(b)1. 1. The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using one of the following:

NR 679.55(2)(b)1.a. a. One of the sampling methods in ch. NR 661 Appendix I.

NR 679.55(2)(b)1.b. b. A method shown to be equivalent under ss. NR 660.20 and 660.21.

NR 679.55(2)(b)2. 2. Whether used oil will be sampled and analyzed prior to or after any processing or re-refining.

NR 679.55(2)(b)3. 3. The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site.