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”.