NR 679.40(1)(a)
(a) This subchapter does not apply to on-site transportation.
NR 679.40(1)(b)
(b) This subchapter does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil collection center according to s.
NR 679.24 (1).
NR 679.40(1)(c)
(c) This subchapter does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator according to s.
NR 679.24 (2).
NR 679.40(1)(d)
(d) This subchapter does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor or re-refiner or burner subject to this chapter. Except as provided in pars.
(a) to
(c), this subchapter does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points or other facilities where household do-it-yourselfer used oil is collected.
NR 679.40(2)
(2)
Imports and exports. Transporters who import used oil from abroad or export used oil outside of the United States are subject to this subchapter from the time the used oil enters and until the time it exits Wisconsin.
NR 679.40(3)
(3)
Trucks used to transport hazardous waste. Unless trucks previously used to transport hazardous waste are emptied as described in s.
NR 661.0007 prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and shall be managed as hazardous waste unless, under s.
NR 679.10 (2), the hazardous waste and used oil mixture is determined not to be hazardous waste.
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 History
History: 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 679.41
NR 679.41 Restrictions 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 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.42
NR 679.42 Notification 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 Note
Note: 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 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
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(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)(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:
NR 679.43(3)(e)
(e) A transporter shall clean up any used oil discharge that occurs during transportation or take action as may be required or approved by federal, state or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.
NR 679.43 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.44
NR 679.44 Rebuttable presumption for used oil. NR 679.44(1)(1)
To ensure that used oil is not a hazardous waste under the rebuttable presumption of s.
NR 679.10 (2) (a) 2., the used oil transporter shall determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm.
NR 679.44(2)
(2) The transporter shall make this determination by doing either of the following:
NR 679.44(2)(b)
(b) Applying knowledge of the halogen content of the used oil in light of the materials or processes used.
NR 679.44(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 679.44(3)(a)
(a) The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in s.
NR 679.24 (3), 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 679.44(3)(b)
(b) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if 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 679.44(4)
(4) Records of analyses conducted or information used to comply with subs.
(1) to
(3) shall be maintained by the transporter for at least 3 years.
NR 679.44 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 679.45
NR 679.45 Used oil storage at transfer facilities. Used oil transporters are subject to all applicable spill prevention, control and countermeasures (
40 CFR part 112) in addition to this subchapter. Used oil transporters 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 679.45(1)
(1)
Applicability. This section applies to used oil transfer facilities as defined in s.
NR 679.01. Transfer facilities that store used oil for more than 35 days are regulated under subch.
F.
NR 679.45(2)
(2)
Storage units. Owners or operators of used oil transfer facilities may not store used oil in units other than tanks, containers, or units regulated under ch.
NR 664 or
665.
NR 679.45(3)
(3)
Condition of units. Containers and above ground tanks used to store used oil at transfer facilities shall be all of the following:
NR 679.45(3)(a)
(a) In good condition (no severe rusting, apparent structural defects or deterioration).
NR 679.45(4)
(4)
Secondary containment for containers. Containers used to store used oil at transfer facilities shall be equipped with a secondary containment system.
NR 679.45(4)(a)
(a) The secondary containment system shall consist of, at a minimum, the following in subds.
1. and
2., or subd.
3.:
NR 679.45(4)(a)2.
2. A floor. The floor shall cover the entire area within the dikes, berms or retaining walls.
NR 679.45(4)(b)
(b) The entire containment system, including walls and floors, 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 679.45(5)
(5)
Secondary containment for existing above ground tanks. Existing above ground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system.
NR 679.45(5)(a)
(a) The secondary containment system shall consist of, at a minimum, the following in subds.
1. and
2., or subd.
3.:
NR 679.45(5)(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 679.45(5)(b)
(b) The entire containment system, including walls and floors, 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 679.45(6)
(6)
Secondary containment for new above ground tanks. New above ground tanks used to store used oil at transfer facilities shall be equipped with a secondary containment system.
NR 679.45(6)(a)
(a) The secondary containment system shall consist of, at a minimum, the following in subds.
1. and
2., or subd.
3.:
NR 679.45(6)(a)2.
2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.
NR 679.45(6)(b)
(b) The entire containment system, including walls and floors, 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 679.45(7)(a)(a) Containers and above ground tanks used to store used oil at transfer facilities shall be labeled or marked clearly with the words “Used Oil".
NR 679.45(7)(b)
(b) Fill pipes used to transfer used oil into underground storage tanks at transfer facilities shall be labeled or marked clearly with the words “Used Oil".
NR 679.45(8)
(8)
Response to releases. Upon detection of a release of used oil to the environment, the owner or operator of a transfer facility shall perform all of the following cleanup steps:
NR 679.45(8)(c)
(c) Clean up and properly manage the released used oil and other materials.
NR 679.45(8)(d)
(d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
NR 679.45 History
History: 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.
NR 679.46(1)(1)
Acceptance. Used oil transporters shall keep a record of each used oil shipment accepted for transport. Records for each shipment shall include all of the following:
NR 679.46(1)(a)
(a) The name and address of the generator, transporter, or processor or re-refiner who provided the used oil for transport.
NR 679.46(1)(b)
(b) The EPA identification number (if applicable) of the generator, transporter, or processor or re-refiner who provided the used oil for transport.
