Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7045 - HAZARDOUS WASTE
MANAGEMENT OF USED OIL
Part 7045.0875 - STANDARDS FOR USED OIL PROCESSORS AND REREFINERS

(1) an internal communications or alarm system capable of providing immediate emergency voice or signal instruction to facility personnel;

(2) a device, such as a telephone immediately available at the scene of operation or a hand held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(3) portable fire extinguishers, fire control equipment, spill control equipment, and decontamination equipment; and

(4) water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.

(1) The owner or operator must attempt to make arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes. Where more than one police and fire department might respond to an emergency, the owner or operator must attempt to make agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority. The owner or operator must attempt to make agreements with state emergency response teams, emergency response contractors, and equipment suppliers. The owner or operator must attempt to make 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.

(2) Where state or local authorities decline or accept to enter into such arrangements, the owner or operator must document the refusal or acceptance in the operating record.

(1) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned release of used oil to air, soil, or surface water. The owner or operator must carry out the provisions of the plan immediately whenever there is a fire, explosion, or release of used oil which could threaten human health or the environment.

(2) The contingency plan must describe the actions facility personnel must take to comply with subitems (1) and (6) in response to fires, explosions or any unplanned release of used oil to air, soil, or surface water at the facility. If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with Code of Federal Regulations, title 40, part 112 or 1510, as amended, a prevention and response plan under Minnesota Statutes, chapter 115E, 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 the requirements of parts 7045.0790 to 7045.0990. The plan must 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 item F. The plan must list the up-to-date names, addresses, and telephone numbers, both office and home, of all persons qualified to act as emergency coordinator. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. The plan must include an up-to-date list of all emergency equipment at the facility, where this equipment is required. In addition, the plan must include the location and a physical description of each item on the list and its capabilities. The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes.

(3) The owner or operator must maintain a copy of the contingency plan and all revisions to the plan at the facility, and submit copies of the plan to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.

(4) The owner or operator must review and immediately amend the contingency plan, if necessary, whenever applicable regulations are revised, the plan fails in an emergency; the facility's design, operation, construction, maintenance, or other aspects change in a way that materially increases the potential for fires, explosions, releases of used oil, or changes the response necessary in an emergency; the list of emergency coordinators changes; or the list of emergency equipment changes.

(5) At all times, there must be at least one employee either on the facility premises or available to respond to an emergency by reaching the facility in a short period of time with the responsibility for coordinating all emergency response measures. This emergency coordinator must 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, the owner or operator must have the authority to commit the resources needed to carry out the contingency plan.

(6) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on-call, must immediately activate internal facility alarms or communications systems where applicable to notify all facility personnel, and notify appropriate state or local agencies with designated response roles if their help is needed. Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and extent of any released materials. The emergency coordinator may do this by observation or review of facility records of manifests and, if necessary, by chemical analysis.

Concurrently, the emergency coordinator must assess possible hazards to human health and the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion for example, effects of released gases or water runoff from fire control measures.

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, such findings must be reported as follows. If the assessment indicates that evacuation of local areas may be advisable, the coordinator must immediately notify appropriate local authorities. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated. The emergency coordinator must immediately notify either the government official designated as the on-scene coordinator for the geographical area in the applicable regional contingency plan under Code of Federal Regulations, title 40, part 1510, as amended, or the National Response Center at (800) 424-8802. The report must include: name and telephone number of the reporter; name and address of facility; time and type of incident, name and quantity of materials involved, to the extent known; the extent of injuries, if any; and the possible hazards to human health and the environment outside the facility.

During an emergency, the emergency coordinator must 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 must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.

If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure build-up, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. Immediately after an emergency, the emergency coordinator must provide for recycling, storing, or disposal of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

The emergency coordinator must ensure that, in the affected areas of the facility, 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, and all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. The owner or operator must notify the commissioner, and appropriate state and local authorities, that the facility is in compliance with this subitem before operations are resumed in the affected areas of the facility.

The owner or operator must note in the operating record the time, date, and details of any incident that requires implementation of the contingency plan. Within 15 days after the incident, the emergency coordinator must submit a written report on the incident to the commissioner. The report must include: the name, address, and telephone number of the owner or operator; the name, address, and telephone number of the facility; the date, time, and type of incident; the name and quantity of materials involved; the extent of injuries, if any; an assessment of actual or potential hazards to human health and the environment, where applicable; and the estimated quantity and disposition of recovered material that resulted from the incident.

(1) Owners and operators who store or process used oil in aboveground tanks must, at closure of the tank system, remove or decontaminate 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 parts 7045.0102 to 7045.0155. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in this subitem, then the owner or operator must close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements of part 7045.0638, subpart 4, that apply to hazardous waste landfills.

(2) Owners and operators who store used oil in containers must, at closure, remove containers holding used oils or residues of used oil from the site. The owner or operator must 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 parts 7045.0102 to 7045.0155.

(1) the name and address of the transporter who delivered the used oil to the processor/rerefiner;

(2) the name and address of the generator or processor/rerefiner from whom the used oil was sent for processing/rerefining, if applicable;

(3) the identification number of the transporter who delivered the used oil to the used oil processor/rerefiner;

(4) the identification number of the generator or processor/rerefiner from whom the used oil was sent for processing/rerefining, if applicable;

(5) the quantity of used oil accepted; and

(6) the date of acceptance.

(1) the name and address of the transporter who delivers the used oil to the burner or processor/rerefiner;

(2) the name and address of the burner or processor/rerefiner who will receive the used oil;

(3) the identification number of the used oil transporter who delivers the used oil to the burner or processor/rerefiner;

(4) the identification number of the burner or processor/rerefiner who will receive the used oil;

(5) the quantity of used oil shipped; and

(6) the date of shipment.

(1) records and results of used oil analyses performed as described in the analysis plan required under subpart 6; and

(2) summary reports and details of all incidents that require implementation of the contingency plan as specified under subpart 3, item G.

(1) the identification number, name, and address of the processor/rerefiner;

(2) the calendar year covered by the report; and

(3) the quantities of used oil accepted for processing/rerefining and the manner in which the used oil is processed/rerefined, including the specific process employed.