Section NR 679.54 - Used oil managementUsed 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.
(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.(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:(a) In good condition (no severe rusting, apparent structural defects or deterioration).(b) Not leaking (no visible leaks).(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.(a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:1. Dikes, berms or retaining walls.2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.3. An equivalent secondary containment system.(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.(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. (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.: 1. Dikes, berms or retaining walls.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.3. An equivalent secondary containment system.(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.(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.(a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:1. Dikes, berms or retaining walls.2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.3. An equivalent secondary containment system.(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.(6) LABELS. (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".(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".(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:(b) Contain the released used oil.(c) Clean up and properly manage the released used oil and other materials.(d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.(8) CLOSURE. (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: 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 661.2. 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).(b)Containers. Owners and operators who store used oil in containers shall comply with all of the following requirements: 1. At closure, containers holding used oils or residues of used oil shall be removed from the site.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.Wis. Admin. Code Department of Natural Resources NR 679.54
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.