ECAR Fact Sheet for Maryland
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

Brake fluids may have to be managed as hazardous wastes.

Brake fluids are not inherently hazardous, but if they contain certain additives, or if they have become contaminated with brake cleaner or other solvents, they can fall under the hazardous waste rules.

How can you tell if the brake fluid in your yard is hazardous?  You can send a sample to a laboratory.  That will cost you a testing fee.  But if it is non-hazardous and you can document that fact, you can save the costs of managing it as a hazardous waste.  You can also avoid the lab fee and simply assume it is hazardous.

This fact sheet will tell you:

• how to determine if a specific sample of brake fluid is hazardous
• what you need to do to manage hazardous wastes in compliance with the rules

Regulations

The U.S. Department of Transportation issues specifications for the three main kinds of brake fluid in use by the automotive and trucking industry: DOT-3, DOT-4 and DOT-5. DOT-3 and DOT-4 are glycol-based fluids and DOT-5 is silicon-based. Depending on the additives used, brake fluid may or may not be hazardous. Even if brake fluid started out as non-hazardous, it can become hazardous if it is contaminated with brake cleaner or other solvents.

Brake fluid is not crude oil-based and therefore it cannot be added to and managed with used oil.

For management and disposal/recycle of used brake fluid, you have two choices:

1. Have a sample of the used brake fluid analyzed by a laboratory to find out if it is hazardous. If it is non-hazardous, it can be shipped off-site for disposal by a licensed hauler. If it is hazardous, then special hazardous waste rules apply.
2. Assume that the brake fluid is hazardous and manage and dispose/recycle it as such. This approach avoids laboratory testing costs.

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

Part 261 - Identification and Listing of Hazardous Waste

Part 262 - Standards Applicable to Generators of Hazardous Waste

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 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. Used brake fluid is potentially a hazardous waste. Verify that brake fluid was properly managed and disposed/recycled as hazardous waste or that a hazardous waste determination was made that indicates it is a non-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. The following BMPs are recommended for brake fluid storage areas and management procedures.

• Brake fluid is not crude oil-based, and therefore it should not be added to used oil.
• Collect brake fluid in a dedicated DOT-approved, clearly and properly labeled drum specifically for brake fluids.
• Identify a waste management company that will recycle it.
• Don't put brake fluid into your used oil container.
• Don't pour brake fluid down any drain or on the ground.
• Don't spray brake cleaner around brake fluid.

Contacts

1. For compliance information, contact the Maryland Department of the Environment at 410-537-3442.
2. For information on regulatory requirements associated with hazardous waste, call the Hazardous Waste Program at (410) 537-3345. 

Related ECAR Fact Sheets

1. Hazardous Waste

Other Relevant Resources

1. MDE's Hazardous Waste Program Webpage
2. Waste Diversion in Maryland
3. Waste Permit Applications and Instructions
4. MDE's Oil Control Program - Oil Pollution & Tank Management
5. Maryland Recycling Market Directory

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