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Regulations BACK to VIRTUAL TOUR The following fact sheet was prepared by the ECAR Center staff. Once prepared, each ECAR Center fact sheet undergoes a review process with the applicable state environmental agency(ies). You can check on the status of the review process here. Please read the disclaimer on the status page. While we have tried to present a summary of the essential information on this topic, you should be aware that other items, such as local regulations, may apply to you. What You Need to Know Used oil is not inherently hazardous, but if it contains certain additives, or if it has become contaminated with hazardous wastes, it can fall under the hazardous waste rules. You can avoid the burden of treating used oil as a hazardous waste:
This fact sheet will tell you what you need to do to avoid problems with used oil. The Environmental Protection Agency (EPA) views used oil as a marketable product that can be sent off-site for recycling. However, EPA also recognizes that if used oil is not properly handled, it can cause significant environmental damage. For these reasons, used oil has special rules that don’t apply to some other materials. These rules deal with the storage of oil, cleanup of spills and transport of oil off-site. New Jersey's recycling regulations at 7:26a are similar to EPA's used oil regulations at 40 24 CFR 279, with a few exceptions that relate to transporters and processors of used oil. In New Jersey, used oil is classified as a Class D recyclable material. Used oil is not regulated as a hazardous waste if it is recycled or burned as a fuel. This means that your used oil, if not mixed or contaminated with hazardous waste, can be managed under the used oil regulations (see link below). Some examples of used oil include used engine oil, lubricating oil, gear oil, transmission fluid and hydraulic fluid. In addition to the federal definition of used oil, New Jersey includes unused oil that is determined to be a solid waste and that is contaminated by physical or chemical impurities through storage or handling. Used Oil Management. As a used oil generator, you must ensure that used oil is properly managed by a recycling or disposal company. The best way to manage used oil is to send it off-site to a recycling company. The regulations encourage different recycling options such as reconditioning, refining, reusing or burning for energy recovery. See the link to authorized used oil facilities companies under Other Relevant Resources. Regulatory Compliance. If you process or rerefine used oil, you must comply with the Class D recycling facilities regulations, and you must comply with all applicable state air pollution control regulations. Burning Used Oil. In addition to following the federal requirements, you must obtain a state permit for each device used for burning used oil for energy recovery. You are only allowed to burn used oil containing a maximum of 1,000 ppm of total halogens. If you can prove that the used oil you have that contains more than 1,000 ppm total halogens is not hazardous waste, you may be permitted to manage the used oil under the state's used oil management regulations, as off-specification used oil. Space Heaters. If you burn on-specification used oil in oil-fired space heaters, you must obtain a permit. Burning off-specification used oil in space heaters is not permitted. Mixing Used Oil. If you mix used diesel engine crankcase oil and diesel fuel onsite for use in your vehicles, and the mixed blend is less than or equal to a maximum rate of 5 percent, you are not subject to the state’s used oil regulations. Disposal. It is illegal to dispose of used oil improperly. Note the following important restrictions:
Storage of Used Oil. Used oil must be stored in tanks or containers (including DOT approved drums) that are in good condition. This means:
Underground storage tank regulations in New Jersey are stricter than federal requirements. The state regulates a broader classification of tanks, and requires reporting of all releases from tanks. It also imposes various certification, permit, and review fees. See the link to New Jersey Storage Tank regulations under Links to the Regulations. Many of the used oil regulations relate to good housekeeping practices. As a used oil generator, you must:
Transporting Used Oil. If you transport used oil, you must be registered as a solid waste transporter. You are exempt from this requirement if you transport 55 gallons or less of used oil, only transport used oil on-site, or transport used oil from mobile field changing operations. You must maintain adequate records and you must provide written notification to the DEP of your location before you start any used oil activities. Used Oil Spill Prevention. If you handle oil or oil products at your facility, you may be subject to the Spill Prevention Control and Countermeasure (SPCC) regulations. These regulations require that companies prevent and contain discharges of oil or petroleum products. In determining whether these regulations apply, you must consider the capacity of your tanks and containers and not the actual amount of oil stored. You should be aware that the definition of oil is very broad and includes heating oil, crude oil, mineral oil, gasoline and diesel fuel. If you are subject to the SPCC rules, you must provide secondary containment for oil or petroleum product storage units to contain any releases. You must also prepare a written SPCC plan that describes all measures taken at your facility to prevent and control a release of oil or petroleum products. The SPCC plan must be written within six months after you begin storing oil and it must be updated every three years, or whenever significant changes in oil storage occur. The SPCC plan must be signed by your management and certified by a professional engineer. You management must review and sign the plan every three years, even when there are no changes. The SPCC plan must be kept on-site and be available for review. Oil Spills. If a spill occurs, you must notify the DEP immediately. Immediate notification is defined as within 15 minutes of when you knew or reasonably should have known that the spill occurred. If a spill occurs, you must perform the following cleanup steps:
Links to the Regulations. Use the following links to view the regulations pertaining to used oil storage and management. New Jersey Recycling Regulations : Used Oil Regulations - 7:26A-6.1 to 7:26A-6.10; Definition of Used Oil - 7:26A-1.3; and Class D Recycling Center Regulations - 7:26A-1. New Jersey Underground Storage Tanks When an inspector comes to your facility, there are certain things he or she checks to see if you are in compliance with environmental regulations. It makes good sense for you to think ahead and perform a “self-audit” and catch and correct problems before they result in penalties. Also, there are some compliance incentives associated with self-audits (see Audit Policy Page). Use the following list to audit your used oil storage areas and management procedures.
Best Management Practices (BMPs) Most regulations tell you what you have to do to be in compliance, but they don’t explain how to do it. That’s where “best management practices” come into play. BMPs are proven methods that help you to get into compliance and stay there. The following BMPs are recommended for used oil storage areas and management procedures.
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