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ECAR Fact Sheet for Michigan
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
Some examples of used oil include used engine oil, lubricating
oil, transmission fluid, brake fluid and hydraulic fluid.
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:
- If
you do not contaminate it with other fluids, and
- Send
it to an approved used oil recycler or processor by a registered
transporter, or meet all the burning requirements and use it as
fuel on-site. The regulations encourage different recycling options
such as reconditioning, refining, reusing or burning for energy
recovery.
This fact sheet will tell you what you need to do with used
oil stored in aboveground storage containers.
Regulations
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 Michigan, petroleum-based oils must be recycled. Other
used oils are assumed to be recycled. If used oil is not recycled,
the generator will need to determine if the used oil is a hazardous
waste. Used oil is assumed not to be a hazardous waste unless it
is mixed with a listed hazardous waste, or contains more than 1,000
ppmw total halogens – determined by a test for chlorine, bromine,
fluorine, and iodine content. Used oil that is not regulated as
a hazardous waste is managed under the used oil and liquid industrial
waste regulations (see link below).
You must also ensure that used oil is properly managed. To
ship used oil off-site, you must obtain and utilize a site
identification number assigned by the Michigan Waste and Hazardous
Materials Division (WHMD). A list of permitted
and registered liquid industrial waste haulers and recyclers is on the Internet.
Most haulers will do a simple test before picking up the waste oil.
Submit waste manifests as required.
If
the hauler picks up the waste oil using a consolidated manifest,
obtain a receipt that documents the:
- transporter’s company name;
- driver’s
signature;
- date
of pickup;
- type
and quantity of waste removed;
- consolidated manifest number;
and the
- designation
facility.
Keep
the receipts, waste manifests, and test results or any other documentation
used to characterize the oil for at least 3 years from waste shipment.
Uses of Used Oil. It is illegal to dispose of used oil improperly. Note the
following important restrictions:
- Do
not discharge used oil to 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.
Waste oil can be burned in a waste oil heater to provide
heat in the winter. A DEQ Air Quality Division permit to burn used
oil is not required, provided that the space heater meets all of
these state requirements:
- The
fuel burning equipment must have a rated heat input capacity
of not more than 500,000 BTU/hour.
- The
unit is vented to the outdoors so you do not breathe the fumes.
- The
fuel burning equipment is used only for space heating, service
water heating or indirect heating.
- Only
waste oil products generated "on-site" may
be converted to heat energy.
- Only
waste oil can be used in the burner, never toxic waste like
solvents, paints or antifreeze.
- Clean
and maintain the burner according to the manufacturer’s directions.
- Make
sure you have all the required permits from the local and state
fire marshal.
Storage
of Used Oil. Many of the
used oil regulations relate to good housekeeping practices. As a
used oil generator, you must:
- Label
all storage containers or tanks with the words "Used Oil"
- Store
used oil in containers or tanks in good condition. This means:
- No
severe rusting;
- No
bulging or major dents; and
- No
visible leaks.;
- Keep
containers closed except when adding or removing waste oils.
- Protect
the containers from exposure to the weather, vandals, fire, and
physical damage.
- Use
a transporter with an EPA identification number to ship used oil
off-site.
- If
there is a leak of used oil: stop the leak, contain it, clean
it up and properly manage the cleanup materials
Used
Oil Spill Prevention. Companies are required to prevent and
contain discharges of oil or petroleum products. You should be aware
that the definition of oil in these regulations is very broad and
includes petroleum and synthetic oils, heating oil, crude oil, mineral
oil, gasoline and diesel fuel.
If
you handle oil or oil products at your facility, you may be subject
to the federal Spill Prevention Control and Countermeasure (SPCC)
if you have a total above-ground storage capacity of 1,320 gallons
of all oil. If you have a single aboveground storage tank with 660
gallon capacity or 1320 gallons or more aboveground storage capacity,
you would also be subject to Michigan’s Part 5 rules. In determining
whether these regulations apply, you must consider the capacity of your tanks and containers and not the actual amount of oil stored.
Containers less than 55 gallons are not counted toward the SPCC
threshold amount. If you are subject to the SPCC rules, you must
provide secondary containment for oil 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. New facilities that become operational after February 18,
2005 must prepare and implement a SPCC Plan before beginning operation.
The SPCC must be reviewed and updated every five years, or whenever
significant changes in oil storage occur. The SPCC plan must be
signed by your management and certified by a professional engineer.
The SPCC plan must be kept on-site and be available for review. A
facility in compliance with the SPCC regulations would be in compliance
with the state Part 5 rules for oils when the following conditions
are also met:
- Facility
has surveillance measures to detect releases from reaching surface
water and groundwater
- Use
and indoor storage areas are designed, constructed, maintained,
and operated to prevent releases from reaching sewers, drains,
or waters of the state
- Submit
within 30 days a copy of the SPCC plan when requested by MDEQ,
local emergency planning committee, or local health department
- Report
releases as required (see below)
Oil Spills. If a spill occurs, you must perform the following cleanup
steps:
- Stop
the release;
- Contain
the released used oil;
- Clean
up and properly manage the released used oil and other materials;
and
- If
necessary, repair or replace any leaking used oil storage containers
or tanks prior to returning them to service.
- Report
release if required (see below). The Part 5 rules require reporting
of 50 pounds onto the ground, and
any amount to waters that causes sheen, oil films, foams, turbidity,
color, solids, or deposits in the receiving waterbody.
Links
to the Regulations. Use the following links to view the regulations
pertaining to used oil storage and management.
Michigan’s
Natural Resources and Environmental Protection (Act 451), Part 111
regarding Hazardous Waste Management and administrative rules
Federal
EPA Standards for Used Oil
Michigan’s Natural Resources and
Environmental Protection (Act 451), Part 121 regarding Liquid Industrial
Waste
Michigan’s Natural Resources and
Environmental Protection (Act 451), Part 167 regarding Used Oil
Recycling
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 used oil storage areas and management procedures.
- 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.
- 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.
- 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 used oil occurs, it must
be contained and reported immediately to the DEQ.
- 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
used oil transported to a recovery facility by a certified transporter?
Check your records and verify that all shipments of used oil were
removed from your property by a state certified transporter.
- Is
solvent or other materials mixed with used oil? Verify that
there are separate, clearly labeled containers for each type of
material, and that used oil is not mixed with solvents and other
materials.
- How
are oil containers managed? Plastic bottles that have not been
completely drained of oil are not recyclable. To prepare them
for recycling, drain them overnight on an oil bottle draining
rack. Empty oil containers not recycled may be added to the trash.
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.
- Train
your employees on the proper methods for handling used oil.
- Do
not contaminate used oil with even small amounts of gasoline,
brake cleaner, carburetor 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.
- Try
to prevent spills when dismantling vehicles. If spills do occur,
clean up with rags. After wringing out the saturated rag into
the used 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.
- Make
sure to use a registered transporter.
- Get
receipts for used oil shipments and store them in your records
for at least 3 years.
Contacts
- For
more information about used oil or Part 5 rule requirements, contact
MDEQ’s Environmental Assistance Center at 1-800-662-9278.
- To
find out if your facility requires a SPCC, contact EPA Region
V Oil Program Barbara Carr at 312-886-7187.
- For
reporting spills/releases and pollution emergencies:
- If
into groundwater and surface water, notify the MDEQ immediately
by calling 1-800-292-4706 and 911
- If
into surface water, also call National Response Center at
800-424-8802
- Written
follow-up report is required under Part 5 rules.
Related
ECAR Fact Sheets
- Used
Oil Filters.
- Hazardous
Waste.
Other
Relevant Resources
- MDEQ
Common Used Oil Violations
- MDEQ Used
Oil guidance
- SPCC
information
- MDEQ
Release reporting
- Recycled Materials Market Directory
Oils and Solvents Category for list of recyclers
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