Used Oil

ECAR Fact Sheet for Nebraska
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

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.

The Nebraska Department of Environmental Quality (NDEQ) has prepared guidance documents to help auto recyclers manage used oil. Much of the information is included in the fact sheet below. You can access the NDEQ’s used oil guidance under Other Relevant Resources.

Regulations

In the state of Nebraska, 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).

Definition of used oil. Nebraska defines used oil as any oil that has been refined from crude oil, used, and as a result of such use, is contaminated by physical or chemical impurities. New oil is never considered used oil.

Some examples of used oil are spent oil from gasoline and diesel engines, spent refrigerant lubricating oil, spent hydraulic fluid and heat transfer fluid, spent transmission fluid and cutting oils. Spent antifreeze, brake fluid, solvents and unused motor oil are not considered used oil.

Used oil that exhibits one or more characteristics of hazardous waste, but is recycled in some manner other than being burned for energy recovery, is not considered a hazardous waste.

Burning used oil as fuel. You are allowed to burn used oil in approved space heaters designed to burn used oil, provided the oil burned is generated, or generated and collected from households. You may also burn used oil in industrial furnaces and utility boilers and you must comply with applicable air pollution regulations.

Using specification oil as fuel is allowed if the oil has been analyzed and records are kept. Using off-specification oil as fuel is more restricted and is subject to greater regulation.

Burning specification used oil. There are limits on the amount of certain hazardous substances that used oil can contain and be called 'specification' used oil. Laboratory analysis is required to determine whether of not your used oil meets the specifications as outlined below:

Specification used oil is used oil that has been tested, and analysis demonstrates that contaminants are at or below the following levels:

Constituent/Property

Allowable Level

Arsenic

5 ppm maximum

Cadmium

2 ppm maximum

Chromium

10 ppm maximum

Lead

100 ppm maximum

Flash Point

100 F minimum

Total Halogens

4000 ppm maximum

If used oil has been mixed with hazardous waste, that oil is considered a hazardous waste. The specification does not apply to mixtures of used oil and hazardous waste.

Burners of specification used oil must apply for a NDEQ hazardous waste identification number if they are the first to claim the used oil meets the specification and the burner receives the used oil from a marketer. (A burner does not have to notify if the burner burns specification used oil that they generate or if they receive used oil from a marketer that previously notified NDEQ, burners that burn used oil in a space heater also do not have to notify.). Burners must obtain analysis documenting that the used oil meets the specification and are required to keep records of the analysis for three years.

Burners must obtain analysis documenting that the used oil meets the specification, if by processing, blending, or other treatment method they claim the used oil meets the specification.

Burning off-specification used oil. Off-specification used oil is oil that has not been tested, or used oil that has been tested and exceeds any of the limits shown in the 'Contaminant Levels for Specification Used Oil' table.

Off-specification used oil may be burned in industrial furnaces, industrial boilers, utility boilers, or space heaters designed to burn used oil. Burners of off-specification used oil must:

Apply for a NDEQ hazardous waste identification number and file a notification of used oil activities even if they already have an identification number.
Provide a one-time written and signed certification that the burner has notified NDEQ and that the burner will burn the used oil only in an industrial furnace, industrial boiler or utility boiler.
Keep a copy of each invoice of used oil received from marketers for three years.
Keep a copy of each certification notice sent to a marketer for three years from the date of last receiving off-specification used oil from the marketer.

Burning of off-specification used oil in used oil-fired space heaters is allowed under state rules provided the following conditions are met:

The heater burns only used oil the owner or operator generates, collects from household do-it-yourselfers, or used oil that is specification used oil.
The heater is designed to have a maximum capacity of not more than 0.5 million BTUs per hour.
The heater's combustion gases are vented to the outside air.
Emissions from space heaters must have an opacity of less than 20% (contact the NDEQ Air Division for more information).

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.

Storage of Used Oil. Used oil must be stored in tanks or containers that are in good condition. Follow these recommended guidelines for used oil storage:

Keep hazardous materials separate, properly labeled, and sealed in the recommended containers.
Develop a system for monitoring incoming used oil. Locked collection ports can help prevent unwanted materials in your used oil.
Collection tanks are recommended that have a clearly visible gage that shows the level of product in the tank and overfill protection. Continued overfilling of used oil collection tanks has occurred when there was no indication the tank was actually full.
While not required by regulation, it is highly recommended that all containers, tanks, and receptacles of used oil be clearly marked “USED OIL”.
It is recommended that storage or collection areas be covered. The storage or collection location may need to be fenced and locked if vandalism could be a problem.
Cap, label, cover, and properly store aboveground outdoor liquid containers and small tanks within a bermed area and on a paved impermeable surface, if possible. This practice helps to prevent spills from running into surface or ground water.
If possible, store materials under a roof or tarpaulin to protect them from the elements and to prevent contaminated runoff.

Marketers of Used Oil. Marketers of used oil are generators marketing used oil directly to a burner of used oil. Anyone selling or giving used oil directly to someone who burns used oil is also considered a used oil marketer and must comply with the marketer requirements.

A very common used oil violation in Nebraska is having a used oil generator provide his/her used oil directly to a used oil burner and not having done any spec testing or meeting used oil marketer requirements.

Marketers of Specification Used Oil must:

Apply for a NDEQ hazardous waste identification number (marketers must notify NDEQ of used oil activities even if they already have an identification number).
Analyze the used oil to prove it meets the specifications as listed in the 'Contaminant Levels for Specification Used Oil' table.
Keep a record of the analysis for three years.
Keep an operating log for three years that records the following information:
- Name and address of the facility sending or receiving the shipment.
- The quantity of used oil delivered or received.
- The date of shipment or delivery.
- A cross reference to the analysis showing that the oil meets the specifications.

Marketers of Off-Specification Used Oil must:

Apply for a NDEQ hazardous waste identification number (marketers must notify NDEQ of used oil activities even if they already have an identification number).
Complete an invoice for each used oil shipment, and send to the receiving facility.
Keep copies of all invoiced and notification certifications either sent or received.
Obtain a one-time written and signed notice from the burner or other marketer certifying that:
- The burner or marketer notified of used oil activities.
- The burner will burn the off-specification used oil in an industrial furnace, industrial boiler or utility boiler.

For more detailed information about used oil marketing requirements, refer to the used oil regulations.

Transporting Used Oil. Nebraska does not have any quantity limitations on used oil collection or transportation. A hazardous waste manifest is not required for transporting used oil in Nebraska. Transporters must comply with any appropriate Department of Transportation regulations. Transporters should:

Maintain storage tanks and containers in good condition and label them 'used oil'.
Process and store used oil in areas with oil-impervious flooring and secondary containment structures (such as berms or ditches).
Track incoming and out-going used oil.
Notify local building or fire code regulatory agencies and follow local ordinances.

Used Oil Spill Prevention. If you handle oil or oil products at your facility, you 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.

Notification Requirements. You need to notify the NDEQ of your used oil burning activities if you are a burner of off-specification used oil, a generator who markets used oil directly to a burner, a marketer of off-specification used oil, or a business which first claims the oil meets the specification.

You do not need to notify the NDEQ of your used oil burning activities if you are a burner who burns specification oil that you generate or a burner who receives oil from marketers who first claimed the oil meets the specification. Also, a burner who burns used oil in space heaters provided you comply with applicable regulations, a generator who gives used oil to an 'intermediary', or a household.

Oil Spills. Oil spills or leaks must be cleaned up, and any spills of 25 gallons or more must be reported. Spills of any amount to a waterway must be reported. 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 NDEQ spill hotline by calling 402-471-2186, or 402-471-4545 (weeknights, weekends and holidays).

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

Nebraska’s Used Oil Management Requirements

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.
Are used oil storage containers and tanks properly labeled? It is recommended that used oil storage tanks be labeled "Used Oil."
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. Any spills of 25 gallons or more and spills of any amount to a waterway must be reported to the NDEQ.
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 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.

Sweep regularly.
Inspect hazardous materials storage or collection areas at least weekly to ensure there are no leaks or spills. Inspect equipment such as pumps, pipes, storage tanks, valves, and material handling equipment for signs of corrosion, support or foundation failure, or other deterioration.
Promptly clean up spilled materials to prevent runoff, tracking, and spoilage of other materials. Stock cleaning and spill response materials where they are readily available.
Post reminders of good housekeeping practices. Schedule housekeeping duties and inspections to ensure good housekeeping is being accomplished.
Provide instruction on securing containers.
Maintain adequate aisle space between containers to facilitate material transfer, easy access to materials, and inspections.
Close used oil containers between filling or emptying events.
Store containers, drums, and bags away from direct traffic routes to prevent accidental damage or spills.
Organize materials neatly for storage.
Store incompatible materials separately.
Stack containers according to manufacturer’s instructions to avoid damage to containers from improper weight distribution.
Store containers on pallets or in containment devices to prevent corrosion of the containers by contact with moisture or other chemicals.
Ensure employees can identify the toxic and hazardous substances that are stored, handled, used, and/or produced on site.
Discuss the handling procedures required for materials that are stored, handled, or used on site.
Post an up-to-date, easily visible hazardous communications display.
Ensure that initial and refresher spill response training is conducted as needed.

Contacts

For more information, contact the Nebraska Department of Environmental Quality (NDEQ) Waste Management Program at 402-471-2186.
To report a spill or leak, call the NDEQ spill hotline at 402-471-2186, or 402-471-4545 (weeknights, weekends and holidays).
To report an environmental incident or complaint, contact the nearest NDEQ Regional Office.

Related ECAR Fact Sheets

Other Relevant Resources

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