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ECAR Fact Sheet for Minnesota
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
State law requires that used oils be collected, stored and disposed of properly. Used oil from vehicle use usually contains contaminants such as lead, other heavy metals, and benzene. It can contaminate drinking water and is harmful to the environment. For these reasons, it is important to make sure used oil does not reach the ground or surface water.
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
- If you handle and store it properly, and send it to an approved used oil processor by a certified transporter.
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 Minnesota, 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, brake fluid, gear oil, transmission fluid and hydraulic fluid.
If hazardous wastes have been mixed with used oils, the entire mixture is considered a hazardous waste. Hazardous wastes cannot be offered to used-oil collectors for recycling. Refer to the fact sheet Oil, Used, and Related Wastes: Management for Generators
Uses of Used Oil. Used oil may be recycled by: 1) filtering and reusing it on site in personal vehicles; 2) recovering and eventual re-refining by an oil hauler or fuel marketer; or 3) burning in an approved on-site heating unit.
- Reuse: Used oil can be reused in vehicles if it has been filtered to remove metal particles and other contaminants.
- Hauling: Used oil can be removed from the facility (for recycling) by a licensed used-oil hauler or marketer. (Keep receipts of all shipments of used oil.) If the used oil has not been mixed with a hazardous waste, a hazardous waste hauler or waste manifest is not required. See list of Used Oil Haulers under "Other Relevant Resources."
- Burning on site: Used oil can be burned on site in a space heater designed for that purpose. The heater must only burn used oil generated at the facility or accepted directly from "do-it-yourself" oil changers. Used oil generated by another business may not be burned at the facility unless it has been tested and found to meet regulatory standards. Refer to the fact sheet MPCA Used Oil/Filters/Sorbents Audit Checklist.
The space heater requirements for burning used oil are: 1) The space heater must be rated at less than 500,000 BTU�s per hour; and 2) The space heater must be vented outside.
*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.
Storage of Used Oil. Used oil must be stored in tanks or containers (including DOT approved drums) that are in good condition. This means:
- No severe rusting;
- No bulging or major dents; and
- No visible leaks.
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;
- If there is a leak of used oil: stop the leak, contain it, clean it up and properly manage the cleanup materials;
- Use a transporter with an EPA identification number to ship used oil off-site.
*Recycle used oil on a regular basis to avoid accumulating more used oil than your spill containment area can handle. A secondary spill containment area, such as a
curbed, impermeable surface, must hold the volume of the largest tank stored on it. For instance, if you store four, 55 gallon drums of waste fluid on a curbed surface,
the containment area must be capable of safely holding only 55 gallons of waste fluid, not 220 gallons.
Used Oil Spill Prevention. If you handle oil or oil products at your facility, are required to be prepared and prevent spills from occurring to protect land, waters, or air of the state and to protect the public�s safety or health.These regulations require that companies prevent and contain discharges of oil or petroleum products. Refer to the Minnesota Pollution Control Agency Fact Sheet � Spill Prevention & Planning.
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.
- Notify the State Duty Officer at 651-649-5451 or 1-800-422-0798.
Links to the Regulations. Use the following links to view the regulations pertaining to used oil storage and management.
Minnesota Standards for Used Oil Generators
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 to the MPCA.
- Do you have a spill prevention plan? Verify whether your facility is meeting spill prevention reqirements. 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.
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.
- Before contracting a transporter for your used oil, make sure to check for the transporter�s state certification.
- Get receipts for used oil shipments and store them in your records for at least 3 years.
For more information, contact the Minnesota Pollution Control Agency (MPCA) Regional Office closest to you:
- Northeast Region (Duluth) 218-723-4660.
- North Central Region (Brainerd) 218-828-2492.
- Northwest Region (Detroit Lakes) 218-847-1519.
- Southwest Region (Marshall) 507-537-7146.
- Southeast Region (Rochester) 507-285-7343.
*Report petroleum and fuel spills of five or more gallons, and any other chemical spill (including lead-acid batteries) which may cause pollution, to the State Duty Officer at 651-649-5451 or 1-800-422-0798.
- MPCA Used Oil/Filters/Sorbents Audit Checklist
- Used Oil Sign (required for retailers/collection sites)
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