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).