NR 679.22(2)(a)(a) In good condition (no severe rusting, apparent structural defects or deterioration). 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)(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 HistoryHistory: 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 679.23NR 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.24NR 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)(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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.30NR 679.30 Do-it-yourselfer used oil collection centers. NR 679.30(1)(1) Applicability. This section applies to owners or operators of all do-it-yourselfer used oil collection centers, as defined in s. NR 679.01. NR 679.30(2)(2) Do-it-yourselfer used oil collection center requirements. Owners or operators of all do-it-yourselfer used oil collection centers shall comply with the generator standards in subch. C. NR 679.30 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.31NR 679.31 Used oil collection centers. NR 679.31(1)(1) Applicability. This section applies to owners or operators of used oil collection centers. NR 679.31(2)(2) Used oil collection center requirements. Owners or operators of all used oil collection centers shall comply with the generator standards in subch. C. NR 679.31 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.32NR 679.32 Used oil aggregation points owned by the generator. NR 679.32(1)(1) Applicability. This section applies to owners or operators of all used oil aggregation points. NR 679.32(2)(2) Used oil aggregation point requirements. Owners or operators of all used oil aggregation points shall comply with the generator standards in subch. C. NR 679.32 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.40(1)(1) General. This subchapter applies to all used oil transporters, except for any of the following: 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 679.41NR 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.42NR 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 679.44NR 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:
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