ECAR Fact Sheet for Arizona
Used Oil

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources

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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 other solvents, it can fall under the hazardous waste rules.

You can avoid the burden of treating used oil as a hazardous waste:

• If you do not contaminate it with other fluids, and
• If you handle and store it properly, and send it to an approved used oil processor by a certified transporter.

This fact sheet will tell you what you need to do to avoid problems with used oil.

Regulations

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. 

The Arizona Department of Environmental Quality (ADEQ) has adopted the federal regulations for the management of used oil. In addition, the state has implemented several more stringent, state-specific requirements. 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.

Definition of used oil. In additional to the federal definition, the following definitions also apply to used oil:

• Oil that has become contaminated as a result of its handling, transportation, or storage.
• Off-Specification (off-spec) used oil means used oil which exceeds any of the allowable levels in the federal definition.
• On-Specification (on-spec) used oil means used oil that is not off-specification used oil.

Burning Used Oil as Fuel.  Burning used oil for disposal is illegal. However, the following kinds of used oils that may be burned in space heaters:

• Any used oil from do-it-yourself oil changers who generate used oil as a household waste;
• On-specification oil form any source that meets the following criteria:
  • Flash point 100 degrees Fahrenheit minimum
  • Arsenic 5 parts per million (PPM) maximum
  • Cadmium 2 ppm maximum
  • Chromium 10 ppm maximum
  • Lead 100 ppm maximum
  • Total halogens 4000 ppm maximum
  • PCB 2 ppm maximum
• Off-specification used oil provided that the heater burns only used oil that the owner or operator generates, the heater is designed for a maximum capacity of not more than 0.5 million BTU per hour the combustion gases from the heater are vented to the outside.

If your business burns used oil for energy recovery, check with your state or local air quality division to inquire about air quality requirements, and check with state building code personnel to inquire about building codes for the installation and use of the burner.

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 used oil management companies under Other Relevant Resources.

Used Oil Collection Centers. Used oil collection centers are required to register with ADEQ and are issued an identification number.

Marketer's Certification. A marketer must provide certification to a burner that it is selling on-specification used oil fuel to the burner. A burner who relies on a marketer's certification that the used oil fuel supplied by that marketer meets the used oil specifications is not liable in any criminal proceeding for burning off- specification used oil fuel provided by that marketer.

Reporting Requirements. Used oil transporters, processors, and marketers are required to submit a written report to ADEQ about its used oil activities for the preceding calendar quarter. Used oil burners are required to submit an annual written report to ADEQ about its used oil activities for the preceding calendar year. All client lists and related identifying information contained in these periodic reports are confidential.

Uses of Used Oil. It is illegal to dispose of used oil improperly. Note the following important restrictions:

• Do not discharge used oil to sewers, drainage ditches, septic tanks, or streams without a permit issued by an appropriate regulatory authority.
• Used oil cannot be disposed on land, except in a landfill that has an approved solid waste facility plan.
• Do not mix used oil with cleaning solvents.  The resulting mixture may be a hazardous waste.  This classification brings into effect a lot of additional regulations.
• Do not use used oil for road oiling, dust control, weed control or for similar purposes.
• Do not incinerate used oil, except at a facility authorized to incinerate hazardous wastes. Note: Burning for energy recovery is not considered incineration.

Storage of Used Oil. Used oil must be stored in tanks or containers (including DOT approved drums) that are in good condition.  This means:

• No severe rusting;
• No bulging or major dents; and
• No visible leaks.

Many of the used oil regulations relate to good housekeeping practices.  As a used oil generator, you must:

• Label any tank that stores on-specification used oil with the words "on-specification used oil."
• Store used oil in containers or tanks in good condition;
• If there is a leak of used oil: stop the leak, contain it, clean it up and properly manage the cleanup materials;
• Use a transporter with an EPA identification number to ship used oil off-site.

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 perform the following cleanup steps:

1. Stop the release;
2. Contain the released used oil;
3. Clean up and properly manage the released used oil and other materials; and
4. If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
5. Notify ADEQ's hotline at 602-771-2330 or toll free at 800-234-5677. To report a leaking underground storage tank, call 602-771-4303.

Links to the Regulations. Use the following links to view the regulations pertaining to used oil storage and management.

Arizona Used Oil Regulations (Solid Waste, Article 7)

Technical Standards And Corrective Action Requirements For Owners And Operators Of Underground Storage Tanks (UST), Code of Federal Regulations, 40 CFR Part 280

Self-Audit Checklist

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.

1. Is used oil stored in drums, tanks or other containers that are in good condition?  Open containers, and rusting or leaking containers cannot be used for oil storage.
2. Are used oil storage containers and tanks properly labeled?  All used oil storage tanks must be labeled "Used Oil." If underground tanks are used, then the fill pipes should be labeled. Label any tank that stores on-specification used oil with the words "on-specification used oil."
3. Is the area around the used oil storage containers free of releases?  Releases must be stopped and the released material cleaned up and managed properly.  If a release of used oil occurs, it must be contained and reported to the ADEQ.
4. Do you have a SPCC plan?  Verify whether your facility is subject to the SPCC rules. If so, maintain your plan, update it every three years and keep on-site for review.
5. Is used oil transported to a recovery facility by a certified transporter?  Check your records and verify that all shipments of used oil were removed from your property by a state certified transporter. 
6. Is solvent or other materials mixed with used oil?  Verify that there are separate, clearly labeled containers for each type of material, and that used oil is not mixed with solvents and other materials.

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.

• Train your employees on the proper methods for handling used oil.
• Do not contaminate used oil with even small amounts of gasoline, brake cleaner, carburetor cleaner, or other solvents.  Even small amounts of solvents turn recyclable oil into a hazardous waste.
• Keep storage containers closed when not actively adding or removing material.
• When storing drums keep an aisle space between drums to allow for inspection for leaks and damage.
• Install secondary containment to prevent the release of used oil to the environment.
• Inspect containers and secondary containment structures on a weekly basis to be certain that they are in good condition.  Keep written records of these inspections for at least 3 years.
• Try to prevent spills when dismantling vehicles. If spills do occur, clean up with rags. After wringing out the saturated rag into the used oil drum, you can have the rags laundered. 
• Avoid using absorbents for oil spills unless there is a threat of the spill spreading to soil or water. Oily absorbents must be evaluated prior to disposal to determine whether they are hazardous or nonhazardous.
• Before contracting a transporter for your used oil, make sure to check for the transporter's state certification.
• Get receipts for used oil shipments and store them in your records for at least 3 years.

Contacts

1. For more information, contact the Arizona Department of Environmental Quality (ADEQ) Used Oil Spill Coordinator at 602-771-4126.
2. To report a spill or leak, call the ADEQ Emergency Response number at 602-771-2330 or toll free at 800-234-5677. To report a leaking underground storage tank, call 602-771-4303.
3. To report an environmental incident or complaint, contact the nearest regional office.

Related ECAR Fact Sheets

1. Used Oil Filters.
2. Hazardous Waste.

Other Relevant Resources

1. Arizona Used Oil Website
2. List of Arizona Used Oil Management Providers
3. Arizona Green Business Automotive Program

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