Ch. NR 679 NoteNote: This chapter is similar to federal regulations contained in 40 CFR part 279, revised as of July 1, 2003. Ch. NR 679 NoteNote: A person responsible for the discharge of a hazardous substance must comply with the applicable requirements of s. 292.11, Stats. and ch. NR 706 which includes giving notice to the division of emergency management at (800) 943-0003. Ch. NR 679 NoteNote: Used oil generators, and owners and operators of do-it-yourselfer used oil collection centers, used oil collection centers and used oil aggregation points may also be subject to state requirements for used oil stored in tanks in ch. ATCP 93. NR 679.01(1)(1) “Above ground tank” means a tank used to store or process used oil that is not an underground storage tank as defined in s. ATCP 93.050 (122). NR 679.01(2)(2) “Container” means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled. NR 679.01(3)(3) “Do-it-yourselfer used oil collection center” means any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers. NR 679.01(4)(4) “Existing tank” means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to June 1, 1995. Installation will be considered to have commenced if the owner or operator has obtained all federal, state and local approvals, licenses or permits necessary to begin installation of the tank and if any of the following applies: NR 679.01(4)(b)(b) The owner or operator has entered into a contract, which cannot be canceled or modified without substantial loss, for installation of the tank to be completed within a reasonable time. NR 679.01(5)(5) “Household do-it-yourselfer” means an individual who generates household do-it-yourselfer used oil. NR 679.01(6)(6) “Household do-it-yourselfer used oil” means used oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles. NR 679.01(7)(7) “New tank” means a tank that will be used to store or process used oil and for which installation has commenced after June 1, 1995. NR 679.01(8)(8) “Petroleum refining facility” means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes (i.e., facilities classified as SIC 2911). NR 679.01(9)(9) “Processing” means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants or other used oil-derived products. Processing includes, but is not limited to, blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining. NR 679.01(10)(10) “Re-refining distillation bottoms” means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock. NR 679.01(11)(11) “Tank” means a stationary device, designed to contain an accumulation of used oil which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. NR 679.01(12)(12) “Used oil” means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of the use is contaminated by physical or chemical impurities. NR 679.01(13)(13) “Used oil aggregation point” means any site or facility that accepts, aggregates or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers. NR 679.01(14)(14) “Used oil burner” means a facility where used oil not meeting the specification requirements in s. NR 679.11 is burned for energy recovery in devices identified in s. NR 679.61 (1). NR 679.01(15)(15) “Used oil collection center” means any site or facility that accepts or aggregates and stores used oil collected from used oil generators regulated under subch. C who bring used oil to the collection center in shipments of no more than 55 gallons according to s. NR 679.24 (1). Used oil collection centers may also accept used oil from household do-it-yourselfers. NR 679.01(16)(16) “Used oil fuel marketer” means any person who does any of the following: NR 679.01(16)(a)(a) Directs a shipment of off-specification used oil from that person’s facility to a used oil burner. NR 679.01(16)(b)(b) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications in s. NR 679.11. NR 679.01(17)(17) “Used oil generator” means any person, by site, whose act or process produces used oil or whose act first causes used oil to become regulated. NR 679.01(18)(18) “Used oil processor or re-refiner” means a facility that processes used oil. NR 679.01(19)(19) “Used oil transfer facility” means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to s. NR 679.20 (2) (b). NR 679.01(20)(20) “Used oil transporter” means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. NR 679.01 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (intro.) and (1) made under s. 13.92 (4) (b) 7., Stats; corrections in (intro.), (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; corrections in (intro.), (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 19-082: am. (intro.) Register August 2020 No. 776, eff. 9-1-20. NR 679.10NR 679.10 Applicability. This section identifies those materials which are regulated as used oil under this chapter. This section also identifies some materials that are not regulated as used oil under this chapter, and indicates whether these materials may be regulated as hazardous waste under chs. NR 660 to 670. NR 679.10(1)(1) Used oil. The department presumes that used oil is to be recycled unless a used oil handler disposes of used oil, or sends used oil for disposal. Except as provided in s. NR 679.11, this chapter applies to used oil, and to materials identified in this section as being regulated as used oil, whether or not the used oil or material exhibits any hazardous waste characteristics identified in subch. C of ch. NR 661. NR 679.10(2)(a)2.2. 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. Persons 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 679.10(2)(a)2.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 679.10(2)(a)2.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 679.10(2)(b)(b) Characteristic hazardous waste. Mixtures of used oil and hazardous waste that solely exhibits any hazardous waste characteristics identified in subch. C of ch. NR 661, and mixtures of used oil and hazardous waste that is listed in subch. D of ch. NR 661 solely because it exhibits any hazardous waste characteristics identified in subch. C of ch. NR 661, are regulated as one of the following: NR 679.10(2)(b)1.1. Except as provided in subd. 3., hazardous waste under chs. NR 660 to 670 rather than as used oil under this chapter, if the resultant mixture exhibits any hazardous waste characteristics identified in subch. C of ch. NR 661. NR 679.10(2)(b)2.2. Except as provided in subd. 3., used oil under this chapter, if the resultant mixture does not exhibit any hazardous waste characteristics identified in subch. C of ch. NR 661. NR 679.10(2)(b)3.3. Used oil under this chapter, if the mixture is of used oil and a waste which is hazardous solely because it exhibits the ignitability characteristic (e.g., ignitable-only mineral spirits), or is listed in subch. D of ch. NR 661 solely because it exhibits the ignitability characteristic, if the resultant mixture does not exhibit the ignitability characteristic identified in s. NR 661.0021. NR 679.10(2)(c)(c) Very small quantity generator hazardous waste. Mixtures of used oil and very small quantity generator hazardous waste regulated under s. NR 662.014 are regulated as used oil under this chapter. NR 679.10(3)(3) Materials containing or otherwise contaminated with used oil. NR 679.10(3)(a)(a) Except as provided in par. (b), materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs of free-flowing oil remain in or on the material: NR 679.10(3)(b)(b) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are regulated as used oil under this chapter. NR 679.10(3)(c)(c) Used oil drained or removed from materials containing or otherwise contaminated with used oil is regulated as used oil under this chapter. NR 679.10(4)(a)(a) Except as provided in par. (b), mixtures of used oil and fuels or other fuel products are regulated as used oil under this chapter. NR 679.10(4)(b)(b) Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator’s own vehicles are not subject to this chapter once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to subch. C. NR 679.10(5)(a)(a) Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal (e.g., re-refined lubricants) are all of the following: NR 679.10(5)(b)(b) Materials produced from used oil that are burned for energy recovery (e.g., used oil fuels) are regulated as used oil under this chapter. NR 679.10(5)(c)(c) Except as provided in par. (d), materials derived from used oil that are disposed of or used in a manner constituting disposal are all of the following: NR 679.10(5)(c)2.2. Solid wastes and thus are subject to the hazardous waste rules of chs. NR 660 to 670 if the materials are listed or identified as hazardous wastes. NR 679.10(5)(d)(d) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this chapter. NR 679.10(6)(6) Wastewater. Wastewater, the discharge of which is regulated under s. 283.21 (2), 283.31 or 283.33, Stats., including wastewaters at facilities which have eliminated the discharge of wastewater, contaminated with “de minimis” quantities of used oil is not subject to this chapter. For purposes of this subsection, de minimis quantities of used oils are defined as small spills, leaks or drippings from pumps, machinery, pipes and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception will not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills or other releases, or to used oil recovered from wastewaters. NR 679.10(7)(7) Used oil introduced into crude oil pipelines or a petroleum refining facility. NR 679.10(7)(a)(a) Used oil mixed with crude oil or natural gas liquids (e.g., in a production separator or crude oil stock tank) for insertion into a crude oil pipeline is exempt from this chapter. The used oil is subject to this chapter prior to the mixing of used oil with crude oil or natural gas liquids. NR 679.10(7)(b)(b) Mixtures of used oil and crude oil or natural gas liquids containing less than 1% used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at a point prior to crude distillation or catalytic cracking are exempt from this chapter. NR 679.10(7)(c)(c) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from this chapter if the used oil constitutes less than 1% of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining facility process, the used oil is subject to this chapter. NR 679.10(7)(d)(d) Except as provided in par. (e), used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from this chapter only if the used oil meets the specification of s. NR 679.11. Prior to insertion into the petroleum refining facility process, the used oil is subject to this chapter. NR 679.10(7)(e)(e) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from this chapter. This exemption does not extend to used oil which is intentionally introduced into a hydrocarbon recovery system (e.g., by pouring collected used oil into the wastewater treatment system). NR 679.10(7)(f)(f) Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids are exempt from this chapter. NR 679.10(8)(8) Used oil on vessels. Used oil produced on vessels from normal shipboard operations is not subject to this chapter until it is transported ashore. NR 679.10(9)(9) Used oil containing PCBs. Used oil containing PCBs (as defined at s. NR 157.02 and 40 CFR 761.3) at any concentration less than 50 ppm is subject to this chapter unless, because of dilution, it is regulated under ch. NR 157 and 40 CFR part 761 as a used oil containing PCBs at 50 ppm or greater. PCB-containing used oil subject to this chapter may also be subject to ch. NR 157 and the prohibitions and requirements in 40 CFR part 761, including 40 CFR 761.20(d) and (e). Used oil containing PCBs at concentrations of 50 ppm or greater is not subject to this chapter, but is regulated under ch. NR 157 and 40 CFR part 761. No person may avoid regulation under ch. NR 157 or 40 CFR part 761 by diluting used oil containing PCBs, unless otherwise specifically provided for in this chapter or 40 CFR part 761. NR 679.10 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (a) 2., (9) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (b) 3., (c), (5) (a) 2. Register August 2020 No. 776, eff. 9-1-20. NR 679.11NR 679.11 Used oil specifications. Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending or other treatment, is regulated under this chapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in Table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with ss. NR 679.72, 679.73 and 679.74 (2), the used oil is no longer regulated under this chapter. Table 1 -
Used Oil Not Exceeding Any Specification Level Is Not Regulated Under This Chapter When Burned for Energy Recovery1
1The specification does not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see s. NR 679.10 (2)). 2Used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under s. NR 679.10 (2) (a). This used oil is regulated under subch. H of ch. NR 666 rather than this chapter when burned for energy recovery unless the presumption of mixing can be successfully rebutted. NR 679.11 NoteNote: Applicable standards for the burning of used oil containing PCBs are imposed by 40 CFR 761.20 (e). NR 679.11 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.12(1)(1) Surface impoundments and waste piles. Used oil may not be managed in surface impoundments or waste piles unless the units are regulated under ch. NR 664 or 665. NR 679.12(2)(2) Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited. NR 679.12(3)(3) Burning in particular units. Off-specification used oil fuel may be burned for energy recovery in only the following devices: NR 679.12(3)(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 679.12(3)(b)2.2. Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.
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