NR 679.40(4)(4)Other applicable provisions. Used oil transporters who conduct any of the following activities are also subject to the following subchapters:
NR 679.40(4)(a)(a) Transporters who generate used oil shall also comply with subch. C.
NR 679.40(4)(b)(b) Transporters who process or re-refine used oil, except as provided in s. NR 679.41, shall also comply with subch. F.
NR 679.40(4)(c)(c) Transporters who burn off-specification used oil for energy recovery shall also comply with subch. G.
NR 679.40(4)(d)(d) Transporters 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 679.40(4)(e)(e) Transporters who dispose of used oil shall also comply with subch. I.
NR 679.40 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (3) Register August 2020 No. 776, eff. 9-1-20.
NR 679.41NR 679.41Restrictions on transporters who are not also processors or re-refiners.
NR 679.41(1)(1)Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in subs. (2) and (3), used oil transporters may not process used oil unless they also comply with the requirements for processors and re-refiners in subch. F.
NR 679.41(2)(2)Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products unless they also comply with the processor and re-refiner requirements in subch. F.
NR 679.41(3)(3)Transporters of used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter or at a transfer facility prior to being returned to its original use are not subject to the processor and re-refiner requirements in subch. F.
NR 679.41 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 679.42NR 679.42Notification 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 679.43NR 679.43Used oil transportation.
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(1)(d)(d) An on-specification used oil burner facility.
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)(3)Used oil discharges.
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: