Section 679.63. Rebuttable presumption for used oil.

 

(1)  To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of s. NR 679.10 (2) (a) 2. , a used oil burner shall determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.

(2)  The used oil burner shall determine if the used oil contains above or below 1,000 ppm total halogens by doing any of the following:

(a) Testing the used oil.

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

(c) If the used oil has been received from a processor or re-refiner regulated under subch. F , using information provided by the processor or re-refiner.

(3)  Except as provided in pars. (a) and (b) , if the used oil contains greater than or equal to 1,000 ppm total halogens, it 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 the 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.

(4)  Records of analyses conducted or information used to comply with subs. (1) to (3) shall be maintained by the burner for at least 3 years.

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