Chapter NR 679

NR 679.64(4) (4) Secondary containment for existing above ground tanks. Existing above ground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system.

NR 679.64(4)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.64(4)(a)1. 1. Dikes, berms or retaining walls.

NR 679.64(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 679.64(4)(a)3. 3. An equivalent secondary containment system.

NR 679.64(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 679.64(5) (5) Secondary containment for new above ground tanks. New above ground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system.

NR 679.64(5)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.64(5)(a)1. 1. Dikes, berms or retaining walls.

NR 679.64(5)(a)2. 2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.

NR 679.64(5)(a)3. 3. An equivalent secondary containment system.

NR 679.64(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 679.64(6) (6) Labels.

NR 679.64(6)(a) (a) Containers and above ground tanks used to store used oil at burner facilities shall be labeled or marked clearly with the words “Used Oil”.

NR 679.64(6)(b) (b) Fill pipes used to transfer used oil into underground storage tanks at burner facilities shall be labeled or marked clearly with the words “Used Oil”.

NR 679.64(7) (7) Response to releases. Upon the detection of a release of used oil to the environment, a burner shall perform all of the following cleanup steps:

NR 679.64(7)(a) (a) Stop the release.

NR 679.64(7)(b) (b) Contain the released used oil.

NR 679.64(7)(c) (c) Clean up and properly manage the released used oil and other materials.

NR 679.64(7)(d) (d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

NR 679.64 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 679.65 NR 679.65 Tracking.

NR 679.65(1) (1) Acceptance. Used oil burners shall keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include all of the following information:

NR 679.65(1)(a) (a) The name and address of the transporter who delivered the used oil to the burner.

NR 679.65(1)(b) (b) The name and address of the generator or processor or re-refiner from whom the used oil was sent to the burner.

NR 679.65(1)(c) (c) The EPA identification number of the transporter who delivered the used oil to the burner.

NR 679.65(1)(d) (d) The EPA identification number (if applicable) of the generator or processor or re-refiner from whom the used oil was sent to the burner.

NR 679.65(1)(e) (e) The quantity of used oil accepted.

NR 679.65(1)(f) (f) The date of acceptance.

NR 679.65(2) (2) Record retention. The records described in sub. (1) shall be maintained for at least 3 years.

NR 679.65 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.66 NR 679.66 Notices.

NR 679.66(1) (1) Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor or re-refiner, the burner shall provide to the generator, transporter, or processor or re-refiner a one-time written and signed notice certifying all of the following:

NR 679.66(1)(a) (a) The burner has notified the department stating the location and general description of the burner’s used oil management activities.

NR 679.66(1)(b) (b) The burner will burn the used oil only in an industrial furnace or boiler identified in s. NR 679.61 (1).

NR 679.66(2) (2) Certification retention. The certification described in sub. (1) shall be maintained for 3 years from the date the burner last receives shipment of off-specification used oil from that generator, transporter, or processor or re-refiner.

NR 679.66 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.67 NR 679.67 Management of residues. Burners who generate residues from the storage or burning of used oil shall manage the residues according to s. NR 679.10 (5).

NR 679.67 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. H of ch. NR 679 Subchapter H — Standards for Used Oil Fuel Marketers

NR 679.70 NR 679.70 Applicability.

NR 679.70(1) (1) Any person who conducts any of the following activities is subject to this subchapter:

NR 679.70(1)(a) (a) Directs a shipment of off-specification used oil from that person’s facility to a used oil burner.

NR 679.70(1)(b) (b) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications in s. NR 679.11.

NR 679.70(2) (2) The following persons are not marketers subject to this subchapter:

NR 679.70(2)(a) (a) Used oil generators, and transporters who transport used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from the generator’s or transporter’s facility to a used oil burner. However, processors or re-refiners who burn some used oil fuel for purposes of processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processors or re-refiners who incidentally burn used oil are not marketers subject to this subchapter.

NR 679.70(2)(b) (b) Persons who direct shipments of on-specification used oil and who are not the first person to claim the oil meets the used oil fuel specifications of s. NR 679.11.

NR 679.70(3) (3) Any person subject to this subchapter shall also comply with one or more of the following:

NR 679.70(3)(a) (a) Subchapter C - Standards for Used Oil Generators.

NR 679.70(3)(b) (b) Subchapter E - Standards for Used Oil Transporters and Transfer Facilities.

NR 679.70(3)(c) (c) Subchapter F - Standards for Used Oil Processors and Re-Refiners.

NR 679.70(3)(d) (d) Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery.

NR 679.70 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.71 NR 679.71 Prohibitions. A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who meets all of the following:

NR 679.71(1) (1) Has an EPA identification number.

NR 679.71(2) (2) Burns the used oil in an industrial furnace or boiler identified in s. NR 679.61 (1).

NR 679.71 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.72 NR 679.72 On-specification used oil fuel.

NR 679.72(1) (1) Analysis of used oil fuel. A generator, transporter, processor or re-refiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of s. NR 679.11 by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications.

NR 679.72(2) (2) Record retention. A generator, transporter, processor or re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under s. NR 679.11, shall keep copies of analyses of the used oil (or other information used to make the determination) for 3 years.

NR 679.72 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.73 NR 679.73 Notification.

NR 679.73(1) (1) Identification numbers. A used oil fuel marketer subject to this subchapter who has not previously complied with the notification requirements of s. NR 660.07 shall comply with this section and obtain an EPA identification number.

NR 679.73(2) (2) Mechanics of notification. A marketer 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 679.73 Note Note: See s. NR 660.07 for information on obtaining EPA form 8700-12.

NR 679.73 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.74 NR 679.74 Tracking.

NR 679.74(1) (1) Off-specification used oil delivery. Any used oil fuel marketer who directs a shipment of off-specification used oil to a burner shall keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include all of the following information:

NR 679.74(1)(a) (a) The name and address of the transporter who delivers the used oil to the burner.

NR 679.74(1)(b) (b) The name and address of the burner who will receive the used oil.

NR 679.74(1)(c) (c) The EPA identification number of the transporter who delivers the used oil to the burner.

NR 679.74(1)(d) (d) The EPA identification number of the burner.

NR 679.74(1)(e) (e) The quantity of used oil shipped.

NR 679.74(1)(f) (f) The date of shipment.

NR 679.74(2) (2) On-specification used oil delivery. A generator, transporter, processor or re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under s. NR 679.11 shall keep a record of each shipment of used oil to the facility to which it delivers the used oil. Records for each shipment shall include all of the following information:

NR 679.74(2)(a) (a) The name and address of the facility receiving the shipment.

NR 679.74(2)(b) (b) The quantity of used oil fuel delivered.

NR 679.74(2)(c) (c) The date of shipment or delivery.

NR 679.74(2)(d) (d) A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under s. NR 679.72 (1).

NR 679.74(3) (3) Record retention. The records described in subs. (1) and (2) shall be maintained for at least 3 years.

NR 679.74 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.75 NR 679.75 Notices.

NR 679.75(1) (1) Certification. Before a used oil generator, transporter, or processor or re-refiner directs the first shipment of off-specification used oil fuel to a burner, that person shall obtain a one-time written and signed notice from the burner certifying all of the following:

NR 679.75(1)(a) (a) The burner has notified the department stating the location and general description of used oil management activities.

NR 679.75(1)(b) (b) The burner will burn the off-specification used oil only in an industrial furnace or boiler identified in s. NR 679.61 (1).

NR 679.75(2) (2) Certification retention. The certification described in sub. (1) shall be maintained for 3 years from the date the last shipment of off-specification used oil is shipped to the burner.

NR 679.75 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. I of ch. NR 679 Subchapter I — Standards for Use as a Dust Suppressant and Disposal of Used Oil

NR 679.80 NR 679.80 Applicability. This subchapter applies to all used oils that cannot be recycled and are therefore being disposed.