Current through August 26, 2024
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. 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. Persons 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).
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 661.0021.
(c) Very small quantity generator hazardous
waste. Mixtures of used oil and very small quantity generator hazardous waste
regulated under s. NR 662.014 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 661.0003(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 is
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 PCBS. 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 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.
