NR 679.53(2) (2) The owner or operator shall make this determination by doing any of the following:

NR 679.53(2)(a) (a) Testing the used oil.

NR 679.53(2)(b) (b) Applying knowledge of the halogen content of the used oil in light of the materials or processes used.

NR 679.53(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 679.53 Note Note: An example of demonstrating that the used oil does not contain hazardous waste is using an analytical method from EPA SW-846, incorporated by reference in s. NR 660.11, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in ch. NR 661 Appendix VIII.

NR 679.53(3)(a) (a) The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, 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 679.53(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 679.53 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 679.54 NR 679.54 Used oil management. Used oil processors or re-refiners are subject to all applicable spill prevention, control and countermeasures (40 CFR part 112) in addition to this subchapter. Used oil processors or re-refiners 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 679.54(1) (1) Management units. Used oil processors or re-refiners may not store used oil in units other than tanks, containers or units regulated under ch. NR 664 or 665.

NR 679.54(2) (2) Condition of units. Containers and above ground tanks used to store or process used oil at processing and re-refining facilities shall be all of the following:

NR 679.54(2)(a) (a) In good condition (no severe rusting, apparent structural defects or deterioration).

NR 679.54(2)(b) (b) Not leaking (no visible leaks).

NR 679.54(3) (3) Secondary containment for containers. Containers used to store or process used oil at processing and re-refining facilities shall be equipped with a secondary containment system.

NR 679.54(3)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.54(3)(a)1. 1. Dikes, berms or retaining walls.

NR 679.54(3)(a)2. 2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.

NR 679.54(3)(a)3. 3. An equivalent secondary containment system.

NR 679.54(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 679.54(4) (4) Secondary containment for existing above ground tanks. Existing above ground tanks used to store or process used oil at processing and re-refining facilities shall be equipped with a secondary containment system.

NR 679.54(4)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.54(4)(a)1. 1. Dikes, berms or retaining walls.

NR 679.54(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 679.54(4)(a)3. 3. An equivalent secondary containment system.

NR 679.54(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 679.54(5) (5) Secondary containment for new above ground tanks. New above ground tanks used to store or process used oil at processing and re-refining facilities shall be equipped with a secondary containment system.

NR 679.54(5)(a) (a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:

NR 679.54(5)(a)1. 1. Dikes, berms or retaining walls.

NR 679.54(5)(a)2. 2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.