Section 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 .

(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 .

(2)   Mixtures of used oil and hazardous waste.

(a) Listed hazardous waste.

1. Mixtures of used oil and hazardous waste that is listed in subch. D of ch. NR 661 are regulated as hazardous waste under chs. NR 660 to 670 , rather than as used oil under this chapter.

2. Except as provided in subd. 2. a. and b. , used oil containing greater than or equal to 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.

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.

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.

(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:

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 .

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 .

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 661.21 .

(c) Very small quantity generator hazardous waste . Mixtures of used oil and very small quantity generator hazardous waste regulated under s. NR 662.220 are regulated as used oil under this chapter.

(3)   Materials containing or otherwise contaminated with used oil.

(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:

1. Are not used oil and thus not subject to this chapter.

2. If applicable are subject to the hazardous waste rules of chs. NR 660 to 670 .

(b) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are regulated as used oil under this chapter.

(c) Used oil drained or removed from materials containing or otherwise contaminated with used oil is regulated as used oil under this chapter.

(4)   Mixtures of used oil with products.

(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.

(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 .

(5)   Materials derived from used oil.

(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:

1. Not used oil and thus are not subject to this chapter.

2. Not solid wastes and are thus not subject to the hazardous waste rules of chs. NR 660 to 670 as provided in s. NR 661.03 (3) (b) 1.

(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.

(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:

1. Not used oil and thus are not subject to this chapter.

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.

(d) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this chapter.

(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 minim i s 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.

(7)   Used oil introduced into crude oil pipelines or a petroleum refining facility.

(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.

(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.

(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.

(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.

(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).

(f) Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids are exempt from this chapter.

(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.

(9)   Used oil containing. PCB s. 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 and 40 CFR 761.3 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 .

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

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 . Microsoft Windows NT 6.1.7601 Service Pack 1