ECAR Fact Sheet for Massachusetts
Brake Fluid

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

In Massachusetts, brake fluid is regulated as a hazardous waste if it is destined for disposal. You can avoid the burden of treating brake fluid as a hazardous waste if it is recycled, but you must have a permit from the Massachusetts Department of Environmental Protection (DEP) to do so.

This fact sheet will tell you what you need to do to avoid problems with brake fluid.

Regulations

Even though the State of Massachusetts does allow brake fluid to be combined with used oil, unlike most states, Massachusetts has not adopted the federal regulations that apply to used oil management. Massachusetts requirements for "waste oil" are stricter than the federal rules and more complicated. Under state law, waste oil (brake fluid) is designated as a listed hazardous waste and is regulated as a hazardous waste if it is destined for disposal. See the ECAR Used Oil fact sheet.

For management and disposal/recycle of contaminated brake fluid, you must:

1. Contract with a licensed transporter to pick up your waste oil for recycling or disposal.
2. Save your shipping records for at least three years.

Links to the Regulations. Use the following links to view the regulations pertaining to hazardous waste determinations and management.

Massachusetts Waste Oil Requirements

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 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 brake fluid management procedures.

1. Is your brake fluid free from solvents, brake cleaners or carb cleaners? If the brake fluid has not been contaminated with such elements it can be recycled.
2. Used brake fluid is potentially a hazardous waste. Verify that contaminated brake fluid was properly managed and disposed/recycled as hazardous waste. If not contaminated, brake fluids can be combined with your used oil, but it still may need to be handled as hazardous waste.

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.

Taking the precautions listed below will help you avoid waste oil accidents, limit your legal liability, and protect both your workers and the environment.

• Store waste oil in sturdy, leakproof metal containers or in a tank approved by your local fire department.
• Label the container or tank and the storage area in large letters: Waste Oil, Toxic, and Hazardous Waste.
• If you generate more than 27.5 gallons of waste oil per month: Add the date to the label to show when you started filling the storage drum.
• Keep containers closed unless you are adding or removing used oil.
• Place containers on a surface made from any material (such as concrete) that waste oil cannot pass through. The surface should have no cracks or gaps. If outdoors, put a curb around the area to contain a leak or spill equal to 110% of the volume of the tank.
• Store waste oil away from drains or ignition sources.
• Check containers and storage areas each week for spills or leaks from lids, seals, and seams.
• Keep cleanup and containment materials ready for immediate use.
• Write an emergency response plan, post the instructions in an easily visible spot in the shop, and train employees in the procedures.

Contacts

1. For more information, contact the Massachusetts Department of Environmental Protection at 617-338-2255 or 800-462-0444, or contact the DEP Regional Service Center near you.
2. To report a spill or leak, call the 24-Hour DEP Emergency Response hotline at 617-556-1133 or 888-304-1133.
3. To report an environmental incident or complaint, contact the Environmental Strike Force at 617-556-1000 or 888-VIOLATE (1-888-846-5283)."

Related ECAR Fact Sheets

1. Hazardous Waste
2. Used Oil

Other Relevant Resources

1. Massachusetts - Waste Oil Regulations for Auto Repair Shops
2. Massachusetts Fact Sheet - A Summary of Requirements for Small Quantity Generators of Hazardous Waste
3. Massachusetts Fact Sheet - The Very Small Quantity Generator of Hazardous Waste

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