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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:
- 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 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.
- 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
- 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.
- 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.
- 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 of more than 110 gallons
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.
Contacts
- For more information, contact the New Hampshire
DES Waste Management Division at
603-271-2900.
- 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).
- To report an environmental incident or complaint,
contact the nearest regional office
or link to the DES Public Information
Center.
Related
ECAR Fact Sheets
- Used Oil Filters.
- Hazardous Waste.
Other
Relevant Resources
- New Hampshire – Summary Of Requirements Of Used Oil Being Recycled
- New Hampshire Used Oil Program
Website
- New Hampshire – Used Oil
Transporters
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