ECAR Fact Sheet for Florida
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 registered transporter

There are a number of other restrictions you should be aware of.  If you store used oil in an aboveground tank larger than 550 gallons, or an underground tank larger than 110 gallons, you will need to register the tank.  There are special procedures you will need to follow in case of spills.

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 offsite 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 offsite.  Each of these requirements is summarized below.  At the end of this section there 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 the ground, 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.

Aboveground used oil storage tanks larger than 550 gallons must be registered with DEP.  To find out how to register a tank, call DEP Storage Tank Registration Section at 850-245-8850.  If you plan to replace a storage tank or remove a tank from service, notify DEP before you begin the work.

If underground tanks are used to store used oil, then some special rules apply:

• Underground tanks with a capacity of more than 110 gallons must be registered with DEP (call DEP Storage Tank Registration Section at 850-488-3935).
• Underground tanks must have an approved detection or monitoring system for leaks.
• When an underground tank is taken out of service, it must be done using certain procedures and DEP must be notified.
• Drums, tanks, and containers used to store used oil should be situated out of traffic areas, preferably on an impervious surface and under cover. Drums stored in direct sunlight can build up pressure from the heat and become a safety hazard.

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. Notify the State Warning Point at 1-800-320-0519 in the event of a discharge of 25 gallons or more or any size spill that discharges to a water body.

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 offsite, it must be transported by a state certified transporter.  Check with your DEP district office or DEP Hazardous Waste Compliance Assistance Program (800-741-4337) 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

Edited Summary of Florida Statutes and Department Rules Relevant to Used Oil

Self-Audit Checklist

When an inspector comes to your facility, there are certain things they check 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.
3. Are aboveground storage tanks with a capacilty of more than 550 gallons registered with DEP?  Aboveground used oil storage tanks with a capacity of greater than 550 gallons must be registered with DEP.
4. Are underground storage tanks with a capacilty of more than 110 gallons registered with DEP?  Underground used oil storage tanks with a capacity of greater than 110 gallons must be registered with DEP.
5. 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 25 gallons or more of used oil occurred, have you reported the spill to DEP?
6. 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.
7. Is used oil transported to a recovery facility by a registered 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 DEP.
8. Is solvent or other waste mixed with used oil?  Verify that there are separate, clearly labeled containers for each type of waste, and that used oil is not mixed with solvents and other wastes.

Best Management Practices (BMPs)

• Train your employees on the proper methods for handling used oil.
• Do not contaminate used oil with even small amounts of gasoline, brake cleaner, carb 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.
• 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, ask them questions about their service to be certain may reduce your liability.  DEP has prepared a set of questions that you can use for this purpose (download transporter questions).
• Get receipts for used oil shipments and store them in your records for at least 3 years.

Contacts

1. DEP Hazardous Waste Compliance Assistance Program: 800-741-4337.
2. If an oil spill of more than 25 gallons occurs, immediately contact the State Warning Point by phone at 1-800-320-0519.
3. DEP Storage Tank Regulation Section: 850-245-8850.

Related ECAR Fact Sheets

1. Used Oil Filters.

Other Relevant Resources

1. Used Oil Main Page (FL DEP web site).
2. Florida DEO Used Oil Fact Sheets

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