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Both state and federal agencies recognize the benefit of finding alternative uses for used oil, such as being used to produce fuels and lubricants, while acknowledging the potential for environmental damage when mismanaged.
Businesses and institutions that are required to follow the used oil management standards include:
- Generators
- Collection centers and aggregation points
- Transporters and transfer facilities
- Processors and re-refiners
- Burners
- Fuel marketers
Note that used oil and oil filters are banned from landfill disposal in Wisconsin under s. 287.07, Wis. Stats.
What Is Used Oil?
Used oil includes antifreeze, motor oils, greases, emulsions, machine shop coolants, heating media, brake fluids, transmission fluids, other hydraulic fluids, electrical insulating oils, metalworking fluids and refrigeration oils. Most used oils have been used as lubricants, hydraulic fluids or heat transfer fluids and, as a result of the use, are contaminated by physical or chemical impurities.
As this is a departure from how used antifreeze has traditionally been managed, the DNR hazardous waste staff are updating guidance documents and website material to provide additional information.
Used oil does not include fuel product storage tank bottoms and spill cleanup material, other waste that results from oil that has not been used, animal and vegetable oils, and greases and materials used as cleaning agents or only for their solvent properties.
Used Oil Requirements
Some basic requirements for used oil management include:
- Label containers, above-ground tanks and underground tank fill pipes with the words “Used Oil.”
- Containers of used antifreeze need to be labeled “Used Oil.” You can also include “antifreeze” after the label “Used Oil” to differentiate your wastes. Keep used antifreeze in separate containers from other used oils to promote proper recycling.
- Store used oil in containers or tanks that are in good condition and not leaking.
- Stop and contain used oil releases to the environment, clean up and properly manage the released used oil and other materials, and repair or replace any leaking containers or tanks before reusing them.
- Use a transporter with an EPA identification number to ship used oil off-site unless the transporter is exempt.
- Send the used oil to an appropriate recycler or burner.
- If the used oil is determined to be hazardous waste, manage it according to the hazardous waste regulations found in chs. NR 660 to 679, Wis. Adm. Code.
Based on your activity, additional regulations may apply. For more details on requirements for generators, transporters, marketers and more, refer directly to the used oil management standards in ch. NR 679, Wis. Adm. Code.
Two new guidance documents are available on the DNR’s Hazardous Waste Guidance and Inspection Forms webpage.
These documents explain the Hazardous Secondary Material exclusion requirements found in ss. NR 661.0004(1)(w) and (x), Wis. Adm. Code.
Large Quantity Generators (LQGs) and Small Quantity Generators (SQGs) are required to file an exception report with the DNR when a final signed copy of a manifest is not received from the destination facility. In Wisconsin, these requirements can be found in s. NR 662.042, Wis. Adm. Code.
An LQG that does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.
SQGs that do not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the DNR. The submission to the DNR need only be a handwritten or typed note on the manifest itself or an attached sheet of paper stating that the return copy was not received.
Exception reports can be submitted to the DNR by email at DNRHazardousWasteReporting@wisconsin.gov.
Comment Period On The Economic Impact Of Proposed Revisions To Ch. NR 410
The DNR is currently developing rule revisions to ch. NR 410, Wis. Adm. Code, under Board Order AM-10-23. The proposed rulemaking aims to increase fees associated with reviewing construction permit applications and exemption determination requests. These fee adjustments are necessary to ensure that the construction permit program is funded in a sustainable manner to perform its duties in accordance with requirements and deadlines mandated under the federal Clean Air Act and s. 285.61, Wis. Stats.
The DNR has developed a draft Economic Impact Analysis and is holding a public comment period to solicit any additional information or feedback on the economic effect of the proposed rule. Note that a separate public comment period on the rule itself will be held after the Economic Impact Analysis has been finalized.
Materials for review may be found on the DNR's Proposed Permanent Administrative Rules webpage under NRB Order Number AM-10-23.
Comments will be accepted through April 2, 2024. Direct any comments or questions on the Economic Impact Analysis to Olivia Salmon at Olivia.Salmon@wisconsin.gov.
Public Comment Period For Proposed Rule AM-05-22 To Update Ch. NR 439
The DNR is currently developing rule revisions to chs. NR 400, 419, 439, 462 and 484, Wis. Adm. Code, under Board Order AM-05-22.
The proposed rulemaking aims to simplify, update and streamline existing reporting, recordkeeping, testing, inspection and determination of compliance requirements under ch. NR 439, Wis. Adm. Code, for sources of air contaminants. You are receiving this email because you may be affected by or interested in the proposed rulemaking.
Materials for review are available on the DNR's Proposed Permanent Administrative Rules webpage under NRB Order Number AM-05-22. The provided materials include:
- Board order with background information and proposed rule text
- Redline strikeout version of ch. NR 439 showing proposed edits to the current rule text
- Economic impact analysis
- Notice of the public comment period and public hearing
Please note that the board order contains the official record of the proposed rule text – the redline strikeout version of ch. NR 439 is being provided in an unofficial capacity to show proposed changes relative to the current rule text. If any discrepancies exist between the board order and ch. NR 439 redline, the board order's proposed changes apply.
As part of the public comment process, the DNR will hold a virtual public hearing on April 18, 2024, at 1 p.m. Public hearing information for the proposed rule was published in Wisconsin Administrative Register No. 819A3. Participants may join the public hearing using the following:
Public comments may be submitted at the hearing or via email to DNRAdministrativeRulesComments@wisconsin.gov. Written comments will have the same weight and effect as spoken comments presented at the hearing. Written comments must be received on or before April 25, 2024.
Please contact Olivia Salmon at Olivia.Salmon@wisconsin.gov with any questions.
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