ECAR Fact Sheet for California
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

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.

There are a number of other restrictions you should be aware of.  If you generate more than 100 kilograms of hazardous waster per month (including used oil), California’s Department of Toxic Substances Control (DTSC) requires you to have an EPA Identification Number for each site where used oil is stored. If you store used oil in two places at one site you need only one ID Number.

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, they also recognize 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.  In addition, California has a unique requirement for oil collection facilities to determine the level of halogen content. Each of these requirements is summarized below.  At the end of this section there are links to the applicable federal and state regulations.

Uses of Used Oil. Used oil should be recycled.  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.
• Do not dispose of used oil in landfills or mix used oil with wastes that will be disposed of in landfills.
• Do not mix used oil with gasoline or 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.

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.

Secondary containment is required for storage tanks. This backup containment includes an impervious bermed area or liner, a vault or double-walled tank.

All used oil containers and aboveground tanks and fill pipes for underground tanks must be clearly labeled with:

• The words "Used Oil-Hazardous Waste;"
• Initial date of accumulation; and
• Name and address of generator.

Used oil collection centers must meet the same requirements as used oil generators. Therefore, the generator will contract with a registered hazardous waste transporter within the appropriate accumulation period.

• For large quantity generators (more than 2200 lbs. of hazardous waste per month), the accumulation period is 90 days.
• For small quantity generators (less than 2000 lbs. of hazardous waste per month), the accumulation period is 180 days (270 days if the generator sends the oil to a used oil facility more than 200 miles a way).

Rebuttable Presumption. Used oil handlers (including generators, collection centers and transporters) are required by the state of California to test or apply knowledge to determine whether the total halogen content of each used oil shipment exceeds 1,000 ppm. If the collection centers chooses to apply knowledge rather than test, it must follow the guidelines specified in the California Code of Regulation, section 66279.10. Used oil containing more than 1,000 ppm total halogen is presumed to have been mixed with hazardous waste and must be managed as such. The presumption can be rebutted through further testing.

Used oil transfer facilities and used oil recycling facilities are required to test each shipment of used oil for total halogens prior to accepting the shipment.

Used 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. Report the spill to 800-852-7550.

If you store used oil outdoors, the storage area must be addressed in your Spill Prevention and Countermeasures (SPCC) Plan (see ECAR Fact Sheet Spill Prevention and Countermeasures (SPCC) Plan).

Used Oil Transport. When you send used oil off-site, it must be transported by a state licensed transporter. Check with your DTSC regional office for a current list of approved transporters.

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

Standards for the Management of Used Oil, Code of Federal Regulations, 40 CFR Part 279

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

California Code of Regulations Pertaining to Used Oil, Section 66262.34 and 66269.21

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-Hazardous Waste." If underground tanks are used, then the fill pipes should be labeled.
3. Have you determined the total halogen content? Used oil containing more than 1,000 ppm total hologens is presumed to have been mixed with hazardous waste and must be treated as such unless the presumption is rebutted.
4. 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 used oil occurred, it should have been reported to DTSC.
5. Are outdoor used oil storage areas addressed in your Spill Prevention and Countermeasures (SPCC) Plan?  Your SPCC must identify potential sources of stormwater pollution and specify appropriate measures to reduce the discharge of pollutants.
6. 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.  You can check on your transporter’s certification by contacting DTSC.
7. 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 labeling drums, include the accumulation start date for storing used oil.
• 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.
• Keep the secondary containment valve closed when not in use.
• Keep secondary containment structures free of debris.
• Maintain spill material and equipment near used oil storage areas.
• 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. California Department of Toxic Substances Control: 916-323-2678.
2. Public and Business Liaison Hotline: 800-728-6942.
3. Office of Emergency Services Warning Center: 800-852-7550.

Related ECAR Fact Sheets

1. Management of Used Oil Filters.

Other Relevant Resources

1. Partners in the Solution Guidance Manual (Developed by the State of California Auto Demantlers Assn)
2. Department of Toxic Substances Control Fact Sheet on Used Oil and Oil Filter Management
3. Department of Toxic Substances Control Fact Sheet on EPA Identification Numbers

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