Used Oil

ECAR Fact Sheet for Missouri
Used Oil

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources

BACK to VIRTUAL TOUR

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

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.

Regulations

In the state of Missouri, 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). Used oil that is not recycled (Missouri waste code D098) has to be disposed of as a hazardous waste at a state-permitted hazardous waste disposal facility.

The Missouri Department of Natural Resources has adopted the federal definition of "used oil" and has added state-specific language to the definition of used oil. The definition of used oil also includes, but is not limited to, petroleum-derived and synthetic oils that have been spilled into the environment or used for lubrication/cutting oil, heat transfer, hydraulic power, or insulation in dielectric transformers. Used oil does not include petroleum-derived or synthetic oils that have been used as solvents.

Generally, used oil that is mixed with a hazardous waste must be managed as a hazardous waste. There are two exceptions to this rule. The first is when the mixture of hazardous waste and used oil are generated by Conditionally Exempt Small Quantity Generators (CESQGs).

You are a CESQG if you generate in one month or accumulate at any one time no more than 100 kg (220 pounds) of non-acute hazardous waste and less than 1 kg of acutely hazardous waste.

The second is when mixtures of used oil and listed hazardous waste that is listed soley because it exhibits the characteristic of ignitability (provided the mixture does not exhibit the ignitability characteristic).

Burning Used Oil as Fuel. Generators may burn their own used oil, as well as used oil received from household do-it-yourselfers and exempt farmers, in used oil-fired space heaters which have a design capacity of not more than 0.5 million Btu per hour and are vented to the ambient air. The department is no longer requiring resource recovery certification for this activity.

Mixing other wastes with used oil. You can mix certain ignitable hazardous wastes with used oil if the mixture you end up with is not ignitable. If the hazardous waste is something other than ignitable (for example if it's a listed hazardous waste), mixing it with your used oil will make your used oil a hazardous waste.

Uses of Used Oil. It is illegal to dispose of used oil improperly. Note the following important restrictions:

Do not dispose of used oil at a landfill or with your regular trash.
Do not dispose of used oil into the environment or create a public nuisance.
Do not used oil for dust suppression or killing weeds on gravel roads, parking lots or elsewhere.
Do not start brush or trash fires with used oil.

Storage of Used Oil. Improper storage of used oil can increase the risk of spills and leaks that could harm the environment. If you store used oil, you must:

Label or mark the storage container(s) with the words "Used Oil."
Keep containers in good condition (including DOT approved drums). This means no severe rusting, no bulging or major dents, and no visible leaks.
Do not store used oil collected from do-it-yourselfers longer than 12 months.
Keep containers closed if they are exposed to rain or snow (except when removing or adding used oil).
Inspect storage areas regularly for leaks or spills.
Fix leaking containers immediately or move the oil to another container.

Transporting Used Oil. Anyone hauling used oil from your business must have a Missouri hazardous waste transporter license and an identification number from the U.S. Environmental Protection Agency (EPA). Contact the Department for a transporter list. You can transport your own used oil under the following circumstances:

If you transport 55 gallons or less at any time.
It is your own used oil or used oil accepted from do-it-yourselfers or exempt farmers.
You take the oil to a used oil collection center or used oil aggregation point.
You use your own vehicle or an employee's vehicle.

Used oil destined for recycling is not considered a hazardous waste and does not require a manifest for shipping. However, the Department requires the use its state form, the “Transporter's Used Oil Shipment Record.” Any shipments of used oil that are not intended for recycling or that cannot be recycled must have a hazardous waste manifest.

Used Oil Spill Prevention. If you are storing a large amount of oil you may be required to have spill prevention measures and may be subject to the Spill Prevention Control and Countermeasure (SPCC) regulations. These regulations require that companies prevent and contain discharges of oil or petroleum products.

In determining whether these regulations apply, you must consider the capacity of your tanks and containers and not the actual amount of oil stored. You should be aware that the definition of oil is very broad and includes heating oil, crude oil, mineral oil, gasoline and diesel fuel. If you are subject to the SPCC rules, you must provide secondary containment for oil or petroleum 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 or petroleum products.

The SPCC plan must be written within six months after you begin storing oil and it must be updated every three years, or whenever significant changes in oil storage occur. The SPCC plan must be signed by your management and certified by a professional engineer. You management must review and sign the plan every three years, even when there are no changes. The SPCC plan must be kept on-site and be available for review.

In addition, your community or county may have specific requirements for storing oil. Check with local authorities, particularly your fire department.

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 Department Spill Hotline by calling 573-634-2436.

Spills of over 25 gallons of used oil or other petroleum products from underground storage tanks must be reported to the Department. Petroleum spills from any other source must be reported if the spill is over 50 gallons. However, if the petroleum spills into a waterway such as a creek, lake, river or stream, or into a ditch that drains to a waterway, it must be reported to the Department no matter how small the spill.

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

Missouri Used Oil Regulations

Technical Standards And Corrective Action Requirements For Owners And Operators Of Underground Storage Tanks (UST), Code of Federal Regulations, 40 CFR Part 280

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. Storing containers on an impervious surface, like sealed or treated concrete, helps contain spills and makes cleanup easier. A good suggestion is to store used oil containers on pallets, or slightly elevated in some way to make it easier to spot spills or leaks.
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. Inspect storage areas regularly. Fix leaks immediately or move the oil. If containers are exposed to rain, keep them closed except when adding oil. Check with local authorities to learn if there are local requirements.
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 Department.
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. You cannot sent used oil to the landfill or pour it into the ground.
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.

Label or mark storage containers and keep them in good condition.
Inspect storage areas regularly. Fix leaks immediately or move the oil to another container.
If containers are exposed to rain, keep them closed except when adding or removing used oil.
Although not required, you may wish to put your used oil containers in a secondary containment structure to prevent spills and contamination. Storing containers on an impervious surface, like sealed or treated concrete, helps contain spills and makes cleanup easier. The Department recommends not storing used oil in underground tanks.
Keep used oil separate from other wastes.
Have separate storage containers for antifreeze, solvents or other fluids that could accidentally be mixed with used oil.
Use large drum funnels or fill tubes when filling used oil drums. Store funnels on a drip pan to collect dripping oil.
Clean spills on a floor with a rag or mop that can be wrung-out and reused. A biodegradable soap and water solution may be used to clean up oil sheens.

Contacts

For more information, contact the Missouri Hazardous Waste Program at 573-751-3176.
To report a spill or leak, call the 573-634-2436.
To report an environmental incident or complaint, contact the nearest regional office.

Related ECAR Fact Sheets

Other Relevant Resources

BACK to VIRTUAL TOUR