Current through August 26, 2024
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.
(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:
(a) Stop the
release.
(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.
