Chapter NR 679

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 History History: 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 679.11 NR 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 Note Note: Applicable standards for the burning of used oil containing PCBs are imposed by 40 CFR 761.20 (e).

NR 679.11 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.12 NR 679.12 Prohibitions.

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)(a) (a) Industrial furnaces identified in s. NR 660.10.

NR 679.12(3)(b) (b) Boilers, as defined in s. NR 660.10, that are identified as any of the following:

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.

NR 679.12(3)(b)3. 3. Used oil-fired space heaters if the burner meets s. NR 679.23.

NR 679.12(3)(c) (c) Hazardous waste incinerators regulated under subch. O of ch. NR 664 or subch. O of ch. NR 665.

NR 679.12 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

subch. C of ch. NR 679 Subchapter C — Standards for Used Oil Generators

NR 679.20 NR 679.20 Applicability.

NR 679.20(1) (1) General. This subchapter applies to all used oil generators, as defined in s. NR 679.01, except for any of the following:

NR 679.20(1)(a) (a) Household do-it-yourselfers. Household do-it-yourselfers, as defined in s. NR 679.01, are not regulated under this chapter.

NR 679.20(1)(b) (b) Vessels. Vessels at sea or at port are not regulated under this subchapter. For purposes of this subchapter, used oil produced on vessels from normal shipboard operations is generated at the time it is transported ashore. The owner or operator of the vessel and the person or persons removing or accepting used oil from the vessel are co-generators of the used oil and are all responsible for managing the waste in compliance with this subchapter once the used oil is transported ashore. The co-generators may decide among them which party or parties will fulfill the requirements of this subchapter.

NR 679.20(1)(c) (c) Diesel fuel. Mixtures of used oil and diesel fuel mixed by the generator of the used oil for use in the generator’s own vehicles are not regulated under this chapter once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil fuel is regulated under this subchapter.

NR 679.20(1)(d) (d) Farmers. Farmers who generate an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year are not regulated under this chapter.

NR 679.20(2) (2) Other applicable provisions. Used oil generators who conduct any of the following activities are subject to the following subchapters:

NR 679.20(2)(a) (a) Generators who transport used oil, except under the self-transport provisions of s. NR 679.24 (1) and (2), shall also comply with subch. E.

NR 679.20(2)(b) (b)

NR 679.20(2)(b)1. 1. Except as provided in subd. 2., generators who process or re-refine used oil shall also comply with subch. F.

NR 679.20(2)(b)2. 2. Generators who perform any of the following activities are not processors if the used oil is generated on-site and is not being sent off-site to a burner of on- or off-specification used oil fuel:

NR 679.20(2)(b)2.a. a. Filtering, cleaning or otherwise reconditioning used oil before returning it for reuse by the generator.

NR 679.20(2)(b)2.b. b. Separating used oil from wastewater generated on-site to make the wastewater acceptable for discharge or reuse pursuant to s. 283.21 (2), 283.31 or 283.33, Stats., or other applicable federal or state requirements governing the management or discharge of wastewaters.

NR 679.20(2)(b)2.c. c. Using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation.

NR 679.20(2)(b)2.d. d. Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excess oil to the extent possible pursuant to s. NR 679.10 (3).

NR 679.20(2)(b)2.e. e. Filtering, separating or otherwise reconditioning used oil before burning it in a space heater pursuant to s. NR 679.23.

NR 679.20(2)(c) (c) Generators who burn off-specification used oil for energy recovery, except under the on-site space heater provisions of s. NR 679.23, shall also comply with subch. G.

NR 679.20(2)(d) (d) Generators 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 679.20(2)(e) (e) Generators who dispose of used oil shall also comply with subch. I.

NR 679.20 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.21 NR 679.21 Hazardous waste mixing.

NR 679.21(1) (1) Mixtures of used oil and hazardous waste shall be managed according to s. NR 679.10 (2).

NR 679.21(2) (2) The rebuttable presumption for used oil of s. NR 679.10 (2) (a) 2. applies to used oil managed by generators. Under the rebuttable presumption for used oil of s. NR 679.10 (2) (a) 2., used oil containing greater than or equal to 1,000 ppm total halogens is presumed to be a hazardous waste and thus shall be managed as hazardous waste and not as used oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils or fluids and certain used oils removed from refrigeration units.

NR 679.21 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.22 NR 679.22 Used oil storage. Used oil generators are subject to all applicable spill prevention, control and countermeasures (40 CFR part 112) requirements in addition to this subchapter. Used oil generators 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 679.22(1) (1) Storage units. Used oil generators may not store used oil in units other than tanks, containers or units regulated under ch. NR 664 or 665.

NR 679.22(2) (2) Condition of units. Containers and above ground tanks used to store used oil at generator facilities shall be all of the following:

NR 679.22(2)(a) (a) In good condition (no severe rusting, apparent structural defects or deterioration).

NR 679.22(2)(b) (b) Not leaking (no visible leaks).

NR 679.22(3) (3) Labels.

NR 679.22(3)(a) (a) Containers and above ground tanks used to store used oil at generator facilities shall be labeled or marked clearly with the words “Used Oil”.

NR 679.22(3)(b) (b) Fill pipes used to transfer used oil into underground storage tanks at generator facilities shall be labeled or marked clearly with the words “Used Oil”.

NR 679.22(4) (4) Response to releases. Upon detection of a release of used oil to the environment, a generator shall perform all of the following cleanup steps:

NR 679.22(4)(a) (a) Stop the release.

NR 679.22(4)(b) (b) Contain the released used oil.

NR 679.22(4)(c) (c) Clean up and properly manage the released used oil and other materials.

NR 679.22(4)(d) (d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

NR 679.22 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 679.23 NR 679.23 On-site burning in space heaters. Generators may burn used oil in used oil-fired space heaters if all of the following conditions are met:

NR 679.23(1) (1) The heater burns only used oil that the owner or operator generates or used oil received from household do-it-yourselfers.

NR 679.23(2) (2) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour.

NR 679.23(3) (3) The combustion gases from the heater are vented to the ambient air.

NR 679.23 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 679.24 NR 679.24 Off-site shipments. Except as provided in subs. (1) to (3), generators shall ensure that their used oil is transported only by transporters who have obtained EPA identification numbers.

NR 679.24(1) (1) Self-transportation of small amounts to collection centers. Generators may transport, without an EPA identification number or department solid waste collection and transportation service license, used oil that is generated at the generator’s site and used oil collected from household do-it-yourselfers to a used oil collection center if all of the following conditions are met:

NR 679.24(1)(a) (a) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator.

NR 679.24(1)(b) (b) The generator transports no more than 55 gallons of used oil at any time.

NR 679.24(2) (2) Self-transportation of small amounts to aggregation points owned by the generator. Generators may transport, without an EPA identification number or department solid waste collection and transportation service license, used oil that is generated at the generator’s site to an aggregation point if all of the following conditions are met:

NR 679.24(2)(a) (a) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator.

NR 679.24(2)(b) (b) The generator transports no more than 55 gallons of used oil at any time.

NR 679.24(2)(c) (c) The generator transports the used oil to an aggregation point that is owned or operated by the same generator.

NR 679.24(3) (3) Tolling arrangements. Used oil generators may arrange for used oil to be transported by a transporter without an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the processor or re-refiner to the generator for use as a lubricant, cutting oil or coolant. The contract (known as a ”tolling arrangement”) shall indicate all of the following:

NR 679.24(3)(a) (a) The type of used oil and the frequency of shipments.

NR 679.24(3)(b) (b) That the vehicle used to transport the used oil to the processing or re-refining facility and to deliver recycled used oil back to the generator is owned and operated by the used oil processor or re-refiner.

NR 679.24(3)(c) (c) That reclaimed oil will be returned to the generator.

NR 679.24 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. D of ch. NR 679 Subchapter D — Standards for Used Oil Collection Centers and Aggregation Points