Used Oil

ECAR Fact Sheet for Massachusetts
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

The State of Massachusetts has special regulations that apply to used oil, which the state terms "waste" oil. Waste oil is regulated the way it is because it contains harmful contaminants such as benzene and lead, picked up during the operation of a vehicle. Safe management and disposal of waste oil protects not just drinking water, fish, and land, but also the workers in your shop. And it’s the law.

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

Regulations

Unlike most states, the State of 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 is designated as a listed hazardous waste and is regulated as a hazardous waste if it is destined for disposal.

If it is recycled or burned as a fuel, it can be managed as a recyclable material, but you must have a permit from the Massachusetts Department of Environmental Protection (DEP) to do so.

If on-specification used oil fuel is recycled, it is considered a Class A recyclable material.

Recycled waste oil and off-specification used oil are considered Class B(3) recyclable materials.

Generator Status. Since Massachusetts considers waste oil to be a hazardous waste, you must determine your generator status. Click on the ECAR Hazardous Waste Fact Sheet to understand more about determining your generator status.

Storage of Waste Oil – Above Ground Tanks and Containers.

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.
Each container must be in good condition.
Wastes of different types must be segregated. This includes not mixing waste oil or used fuel oil with other wastes. Be careful not to put incompatible wastes in the same container or put wastes in unwashed containers that previously held incompatible wastes.
Place containers on a surface made from any material (such as concrete) that waste oil can not 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.
Each container holding hazardous wastes must be tightly closed throughout the period of accumulation, except when the waste is being added or removed.
Containers holding ignitable or reactive wastes must be at least 15 meters (50 ft.) from the property line. If this is not possible or practical, you must store such containers in compliance with all applicable local ordinances and by-laws.
Inspect your accumulation area at least once a week for any leaking or deterioration of your containers. You must have enough aisle space between your containers to allow for inspections.

Storage of Waste Oil – Underground Storage Tanks.

All underground tanks must have tight caps, leak detection devices and cathodic protection with an overflow and spill prevention device.
Tanks must have continuous leak detection capability through an in-tank monitoring device or be double-walled.
Keep a log of all test results, beginning and ending measurements, variation and average figures, for at least 3 years.
Report a difference of a month's average greater than 5 gallons (for tanks containing 550 gallons or less) to your DEP regional office.

Preparing for a Spill.

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.

Oil Spills. If a spill occurs, you must perform the following cleanup steps:

Stop the release;
Contain the released waste oil;
Clean up and properly manage the released waste oil and other materials; and
If necessary, repair or replace any leaking waste oil storage containers or tanks prior to returning them to service.
Notify the appropriate DEP Regional Office and ask for Emergency Response, or the Central Boston office at 617-556-1133 or 888-304-1133. Call the State Police at 508-820-2300 if the incident occurs after 5 p.m., or on a day that DEP is closed, and call the National Response Center's 24-hour toll-free number 800-424-8802.

Recycling or Disposing Waste Oil

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

Burning Waste Oil as Fuel. Waste oil may be burned in a space heater only if it:

Is generated on-site, transported directly from households, or by Very Small Quantity Generators (VSQGs) of waste oil (space heater owner/operators and VSQGs must keep signed copies of shipment receipts for at least three years.)

Contains less than 1,000 parts per million of hazardous chlorinated chemical compounds, is not mixed with any other materials, has a closed-cup flash point greater than 100 degrees Fahrenheit, and otherwise meets manufacturer specifications for the space heater.

Was derived from petroleum fuels and/or lubricants, but not petrochemicals (such as chlorinated brake fluids, and dielectric and transformer fluids that contain PCBs in detectable amounts), or animal and vegetable oils.

Space heating requirements. If you choose to burn waste oil in a space heater, you must:

Notify DEP as a generator of waste oil and obtain a DEP or U.S. Environmental Protection Agency (EPA) identification number before burning any waste oil.

Use a space heater with a design capacity of no more than 500,000 British Thermal Units (BTU) per hour to directly heat the immediately surrounding area, and vent combustion gases directly to the ambient air. (external pipes or ducts may not be used to provide hot water or heated air for separate industrial or commercial processes.)

Label the space heater tank and any containers holding waste oil to be burned "REGULATED RECYCLABLE MATERIAL" "USED OIL FUEL" and "TOXIC" in capital letters at least one inch high, and keep all tanks and containers closed except when adding or removing waste oil.

Burn waste oil only during the nine-month period beginning on September 15 and ending on June 15; burn (or transfer to another site for recycling) at least 75 percent of all waste oil accumulated on site during the same calendar year; and keep a log of all waste oil generated, burned, transferred off-site and/or received from off-site.

If your business burns waste 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.

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

Massachusetts Waste Oil Requirements

Massachusetts Underground Storage Tank 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 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 waste oil storage areas and management procedures.

Is waste oil stored in drums, tanks or other containers that are in good condition? Waste oil must be treated as a hazardous waste. Open containers, and rusting or leaking containers cannot be used for oil storage.
Are waste oil storage containers and tanks properly labeled? All waste oil storage tanks must be labeled "Hazardous Waste - Waste Oil." If underground tanks are used, then the fill pipes should be labeled.
Is the area around the waste oil storage containers free of releases? Releases must be stopped and the released material cleaned up and managed properly. If a release of waste oil occurs, it must be contained and reported to the DEP.
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.
Is waste oil transported to a recovery facility by a certified transporter? Check your records and verify that all shipments of waste oil were removed from your property by a state certified transporter.
Is solvent or other materials mixed with waste oil? Verify that there are separate, clearly labeled containers for each type of material, and that waste oil is not mixed with solvents and other materials.
Is your waste oil going to be recycled or burned for energy recovery? If so, you must classify your waste oil as either a Class A or Class B recyclable material and have the appropriate permit from DEP.

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 waste oil storage areas and management procedures.

Train your employees on the proper methods for handling waste oil.
Do not contaminate waste oil with even small amounts of gasoline, brake cleaner, carburetor cleaner, or other solvents. .
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 waste 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 waste 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 waste oil, make sure to check for the transporter’s state certification.
Get receipts for waste oil shipments and store them in your records for at least 3 years.

Contacts

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.
To report a spill or leak, call the 24-Hour DEP Emergency Response hotline at 617-556-1133 or 888-304-1133.
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

Other Relevant Resources

Massachusetts – Waste Oil Regulations for Auto Repair Shops
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