NR 679.52(1)(f)1.d.
d. Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions or releases at the facility.
NR 679.52(1)(f)2.
2. Where state or local authorities decline to enter into any of the arrangements described in subd.
1., the owner or operator shall document the refusal in the operating record.
NR 679.52(2)
(2)
Contingency plan and emergency procedures. Owners and operators of used oil processing and re-refining facilities shall comply with all of the following requirements:
NR 679.52(2)(a)1.
1. Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or non-sudden release of used oil to air, soil or surface water.
NR 679.52(2)(a)2.
2. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion or release of used oil which could threaten human health or the environment.
NR 679.52(2)(b)1.1. The contingency plan shall describe the actions facility personnel must take to comply with pars.
(a) and
(f) in response to fires, explosions or any unplanned sudden or non-sudden release of used oil to air, soil or surface water at the facility.
NR 679.52(2)(b)2.
2. If the owner or operator has already prepared a spill prevention, control and countermeasures (SPCC) plan according to
40 CFR part 112 or
300, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate used oil management provisions that are sufficient to comply with this chapter.
NR 679.52(2)(b)3.
3. The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors and state and local emergency response teams to coordinate emergency services, pursuant to sub.
(1) (f).
NR 679.52(2)(b)4.
4. The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see par.
(e)), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.
NR 679.52(2)(b)5.
5. The plan shall include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
NR 679.52(2)(b)6.
6. The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes and alternate evacuation routes (in cases where the primary routes could be blocked by releases of used oil or fires).
NR 679.52(2)(c)
(c)
Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be all of the following:
NR 679.52(2)(c)2.
2. Submitted to all local police departments, fire departments, hospitals and state and local emergency response teams that may be called upon to provide emergency services.
NR 679.52(2)(d)
(d)
Amendment of contingency plan. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever any of the following occur:
NR 679.52(2)(d)3.
3. The facility changes, in its design, construction, operation, maintenance or other circumstances, in a way that materially increases the potential for fires, explosions or releases of used oil, or changes the response necessary in an emergency.
NR 679.52(2)(e)
(e)
Emergency coordinator. At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristic of used oil handled, the location of all records within the facility and facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
NR 679.52 Note
Note: The emergency coordinator's responsibilities are more fully spelled out in par. (f). Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of used oil handled by the facility, and type and complexity of the facility.
NR 679.52(2)(f)1.1. Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the designee when the emergency coordinator is on call) shall immediately do all of the following:
NR 679.52(2)(f)1.a.
a. Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.
NR 679.52(2)(f)1.b.
b. Notify appropriate state or local agencies with designated response roles if their help is needed.
NR 679.52(2)(f)2.
2. Whenever there is a release, fire or explosion, the emergency coordinator shall immediately identify the character, exact source, amount and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.
NR 679.52(2)(f)3.
3. Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire or explosion. This assessment shall consider both direct and indirect effects of the release, fire or explosion (e.g., the effects of any toxic, irritating or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).
NR 679.52(2)(f)4.
4. If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator shall report the findings according to all of the following:
NR 679.52(2)(f)4.a.
a. If the emergency coordinator's assessment indicated that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
NR 679.52(2)(f)4.b.
b. The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for the geographical area (in the applicable regional contingency plan under
40 CFR part 300), or the national response center (using its 24-hour toll free number 800/424-8802). The report shall include all of the following:
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.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)(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(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)2.
2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.
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)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)(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)2.
2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.
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.
