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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 other solvents, 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. 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. In the state of Louisiana, 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. 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:
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. Uses of Used Oil. 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:
Many of the used oil regulations relate to good housekeeping practices. As a used oil generator, you must:
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. *Louisiana has its own spill prevention plan requirements for facilities that store oil that is similar to the federal SPCC requirements. You may include the federal SPCC plan in the state’s plan, but the state may require additional information in its own spill prevention plan. 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:
Recordkeeping Requirements. You must keep a state-approved manifest record of each shipment of used oil accepted or shipped to or from your facility. Links to the Regulations. Use the following links to view the regulations pertaining to used oil storage and management. Louisiana Used Oil Management Requirements (Chapter 40) 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.
None.
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