NR 679.60(1)(1)
General. This subchapter applies to used oil burners, as defined in s.
NR 679.01, except for facilities burning used oil for energy recovery under any of the following conditions:
NR 679.60(1)(b)
(b) The used oil is burned by a processor or re-refiner for purposes of processing used oil, which is considered burning incidentally to used oil processing.
NR 679.60(2)
(2)
Other applicable provisions. Used oil burners who conduct any of the following activities are also subject to the requirements of the following subchapters:
NR 679.60(2)(a)
(a) Burners who generate used oil shall also comply with subch.
C.
NR 679.60(2)(b)
(b) Burners who transport used oil shall also comply with subch.
E.
NR 679.60(2)(d)
(d) Burners 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 679.60(3)
(3)
Specification fuel. This subchapter does not apply to persons burning used oil that meets the used oil fuel specification of s.
NR 679.11, if the burner complies with subch.
H.
NR 679.60 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.61(1)(1)
Off-specification used oil fuel may be burned for energy recovery in only the following devices:
NR 679.61(1)(b)1.
1. Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.
NR 679.61(1)(b)2.
2. Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.
NR 679.61(2)(a)(a) Except as provided in par.
(b), used oil burners may not process used oil unless they also comply with subch.
F.
NR 679.61(2)(b)
(b) Used oil burners may aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, but may not aggregate for purposes of producing on-specification used oil.
NR 679.61 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.62(1)(1)
Identification numbers. Used oil burners which 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 679.62(2)
(2)
Mechanics of notification. A used oil burner 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 679.62 Note
Note: See s.
NR 660.07 for information on obtaining EPA form 8700-12.
NR 679.62 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.63
NR 679.63 Rebuttable presumption for used oil. NR 679.63(1)(1)
To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of s.
NR 679.10 (2) (a) 2., a used oil burner shall determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.
NR 679.63(2)
(2) The used oil burner shall determine if the used oil contains above or below 1,000 ppm total halogens by doing any of the following:
NR 679.63(2)(b)
(b) Applying knowledge of the halogen content of the used oil in light of the materials or processes used.
NR 679.63(2)(c)
(c) If the used oil has been received from a processor or re-refiner regulated under subch.
F, using information provided by the processor or re-refiner.
NR 679.63(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 679.63(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 679.63(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 679.63(4)
(4) Records of analyses conducted or information used to comply with subs.
(1) to
(3) shall be maintained by the burner for at least 3 years.
NR 679.63 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 679.64
NR 679.64 Used oil storage. Used oil burners are subject to all applicable spill prevention, control and countermeasures (
40 CFR part 112) in addition to this subchapter. Used oil burners are also subject to the underground storage tank (ch. ATCPS 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 679.64(1)
(1) S
torage units. Used oil burners may not store used oil in units other than tanks, containers or units regulated under ch.
NR 664 or
665.
NR 679.64(2)
(2) C
ondition of units. Containers and above ground tanks used to store used oil at burner facilities shall be all of the following:
NR 679.64(2)(a)
(a) In good condition (no severe rusting, apparent structural defects or deterioration).
NR 679.64(3)
(3) S
econdary containment for containers. Containers used to store used oil at burner facilities shall be equipped with a secondary containment system.
NR 679.64(3)(a)
(a) The secondary containment system shall consist of, at a minimum, all of the following:
NR 679.64(3)(a)2.
2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.
NR 679.64(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 679.64(4)
(4) S
econdary containment for existing above ground tanks. Existing above ground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system.
NR 679.64(4)(a)
(a) The secondary containment system shall consist of, at a minimum, the following in subds.
1. and
2., or subd.
3.:
NR 679.64(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 679.64(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 679.64(5)
(5) S
econdary containment for new above ground tanks. New above ground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system.
NR 679.64(5)(a)
(a) The secondary containment system shall consist of, at a minimum, the following in subds.
1. and
2., or subd.
3.:
NR 679.64(5)(a)2.
2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.
NR 679.64(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.
NR 679.64(6)(a)(a) Containers and above ground tanks used to store used oil at burner facilities shall be labeled or marked clearly with the words “Used Oil".
NR 679.64(6)(b)
(b) Fill pipes used to transfer used oil into underground storage tanks at burner facilities shall be labeled or marked clearly with the words “Used Oil".
NR 679.64(7)
(7)
Response to releases. Upon the detection of a release of used oil to the environment, a burner shall perform all of the following cleanup steps:
NR 679.64(7)(c)
(c) Clean up and properly manage the released used oil and other materials.
NR 679.64(7)(d)
(d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
NR 679.64 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 679.65(1)(1)
Acceptance. Used oil burners shall keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include all of the following information:
NR 679.65(1)(a)
(a) The name and address of the transporter who delivered the used oil to the burner.
NR 679.65(1)(b)
(b) The name and address of the generator or processor or re-refiner from whom the used oil was sent to the burner.
NR 679.65(1)(c)
(c) The EPA identification number of the transporter who delivered the used oil to the burner.
NR 679.65(1)(d)
(d) The EPA identification number (if applicable) of the generator or processor or re-refiner from whom the used oil was sent to the burner.
NR 679.65(2)
(2)
Record retention. The records described in sub.
(1) shall be maintained for at least 3 years.
NR 679.65 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.66(1)(1)
Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor or re-refiner, the burner shall provide to the generator, transporter, or processor or re-refiner a one-time written and signed notice certifying all of the following:
NR 679.66(1)(a)
(a) The burner has notified the department stating the location and general description of the burner's used oil management activities.
NR 679.66(2)
(2)
Certification retention. The certification described in sub.
(1) shall be maintained for 3 years from the date the burner last receives shipment of off-specification used oil from that generator, transporter, or processor or re-refiner.
NR 679.66 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 679.67
NR 679.67 Management of residues. Burners who generate residues from the storage or burning of used oil shall manage the residues according to s.
NR 679.10 (5).
NR 679.67 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
