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ECAR Fact Sheet for New Hampshire
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 New Hampshire Department of Environmental Services (DES) has prepared a guidance document to help auto recyclers manage used oil. Much of the information is included in the fact sheet below. You can access the DES’s used oil guidance document, under Other Relevant Resources.


Regulations

In New Hampshire, used oil is a state-listed hazardous waste (NH01). When used oil is recycled (i.e. burned for energy recovery or re-refined), it is subject to less stringent standards and is no longer assigned the waste code of NH01. Used oil requirements apply to generators, transporters, marketers and burners.

Classification of Used Oil. Used oil is classified as specification, off-specification, or hazardous waste, depending on the cleanliness of the oil.

Specification used oil must meet the following standards:

Arsenic

5

Ppm or less

Cadmium

2

Ppm or less

Chromium

10

Ppm or less

Lead

100

Ppm or less

PCBs

2

Ppm or less

Total Halogens

1000

Ppm or less

Flash Point

100

°F or higher

Off-specification used oil must meet the following standards:

Arsenic

18

ppm or less

Cadmium

10

ppm or less

Chromium

35

ppm or less

Lead

1000

ppm or less

Total Halogens

1000

ppm or less

Flash Point

100

°F or higher

Used oil with PCBs levels of 2 ppm or greater are also subject to the Toxic Substance Control Act.

Hazardous Waste. Used oil shall be classified as hazardous waste when:

  • Mixed with a hazardous waste; or
  • Exhibits a hazardous waste characteristic except as provided for above; or
  • Exceeds off-specification levels; or
  • It is not destined for recycle.

Sampling and analytical methods must conform to hazardous waste determination methods and be technically suited to the analysis of used oil.

*If you are a used oil generator, you generate only used automotive oil, and you ensure that oil is not mixed with any other type of oil or waste, you are not required to perform an initial used oil determination.

Burning Used Oil as Fuel.  A used oil fuel burner is any owner or operator of an industrial furnace, boiler, or space heater fueled with used oil.  You must notify the DES Waste Management Division and Air Resources Division about your used oil management activities.

Off-specification used oil fuel shall only be burned in industrial furnaces; boilers (more than10 million BTU/hour capacity) at manufacturing sites; utility boilers; or used oil fired space heaters (not more than 0.5 million BTU/hour) fueled with only used oil generated on-site, and vented out doors.

Specification and do-it-yourselfer used oil fuel shall only be burned in oil furnaces and boilers, at non-residential locations; or used oil fired space heaters (not more than 0.5 million BTU/hour) that are vented out doors.

Testing Used Oil. You must test used oil, except under the following conditions:

  • The oil was already tested by a marketer and a copy of the report has been provided to the burner; or
  • You are only burning used automotive oil that is generated on site; or
  • You are only burning DIY used oil collected from persons generating used automotive oil as a household waste.

Prior to accepting the first shipment of off-specification used oil fuel, you must provide a one-time notice to the marketer that their burner meets DES standards and DES has been notified of their burning activity.

Recordkeeping. You must keeps notices, analyses and bills lading on file for three years.

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

  • Do not use used oil for road oiling or dust suppression.
  • Off-specification used oil shall not be used as an automotive undercoating.
  • Used oil shall not be mixed with any other hazardous waste.

Storage of Used Oil. Used oil must be stored in DOT containers or structurally sound tanks. Containers and tanks must be clearly labeled with the words "Used Oil for Recycle" at all times during storage. Containers and tanks must be closed at all times, except when used oil is being added to or removed from the container or tank.

Transporting Used Oil. You must use a state permitted hazardous waste transporter to transport more than 110 gallons of used oil. A bill of lading must accompany all used oil transported for recycle. Transporters must keep copies of each bill of lading on file for at least three years, and submit an annual report of used oil transportation activity to DES by March 1 of each year.

Standards for Marketers of Used Oil Being Recycled. It is important to understand that a generator, transporter, or burner may also be a marketer.  Every time used oil changes ownership, a marketer must be identified to accept the marketer responsibilities.

Used oil marketers include generators who offer their used oil directly to a used oil burner; persons who receive used oil from generators, except those receiving exclusively DIY oil; and/or persons who distribute used oil, including transporters who take ownership of the oil they collect.

Used oil marketers do not include used oil generators (unless they offer or transport their oil directly to a burner); or transporters who transport used oil received only from generators, and do not deliver that oil directly to a burner, nor do they take ownership of the oil they collect.

Used Oil Marketers must meet the following conditions:

  • Notify the DES of used oil management activities.
  • Sample and analyze each batch of used oil being marketed.
  • A bill of lading is required for each shipment. 
  • Obtain a written notice from the recipient that certifies their used oil management activities.
  • Before accepting used oil from another marketer, notify DES of your used oil management activity, and provide a signed copy of that notice to the shipping marketer.
  • Maintain an operating log.
  • Keep notices, analytical reports, bills of lading and the operating log on file for 3 years.

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.

New Hampshire follows the federal SPCC regulations, requires aboveground storage tank owners to comply with the federal regulations, and provide a means of secondary containment.

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.

Oil Spills.  If a spill occurs, you must perform the following cleanup steps:

  1. Stop the release;
  2. Contain the released used oil;
  3. Clean up and properly manage the released used oil and other materials; and
  4. If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.
  5. Notify the Department Spill Hotline by calling 603-271-3899, or, if after hours, the state police at 800-346-4009 (in-state) or 603-271-3636 (out-of-state).

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

New Hampshire 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.

  1. Is used oil stored in drums, tanks or other containers that are in good condition?  Used oil must be stored in DOT containers or structurally sound tanks. Containers and tanks must be closed at all times except when used oil is being added to or removed from the container or tank
  2. Are used oil storage containers and tanks properly labeled?  Containers and tanks must be clearly labeled with the words "Used Oil for Recycle" at all times during storage.
  3. 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 DES.
  4. 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.
  5. Is used oil transported to a recovery facility by a certified transporter?  Check your records and verify that all shipments of used oil of more than 110 gallons were removed from your property by a state certified transporter. 
  6. 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.

Contacts

  1. For more information, contact the New Hampshire DES Waste Management Division at
    603-271-2900.
  2. To report a spill or leak during business hours, call the DES at 603-271-3899. If after hours or the weekend, call the New Hampshire State Police Hazardous Material Response at 800-346-4009 (in-state), or 603-271-3636 (out-of-state).
  3. To report an environmental incident or complaint, contact the nearest regional office or link to the DES Public Information Center.

Related ECAR Fact Sheets

  1. Used Oil Filters.
  2. Hazardous Waste.

Other Relevant Resources

  1. New Hampshire – Summary Of Requirements Of Used Oil Being Recycled
  2. New Hampshire Used Oil Program Website
  3. New Hampshire – Used Oil Transporters

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