Used Oil

ECAR Fact Sheet for New York
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 they have 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

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 New York, 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 includes used crankcase oil, metal working oils, gear oil, transmission fluid, brake fluid, hydraulic fluid, dielectric fluid (excluding PCBs) and tank bottoms from used oil tanks.

Uses of Used Oil. Used oil should be recycled. 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.

All used oil retention tanks, no matter what size, must be registered with DEC and clearly labeled "Used Oil." Fees are required only if the storage capacity of the used oil tank is greater than 1,100 gallons, and the used oil is burned on-site for heating. For more information on registration of petroleum storage tanks, contact 518-402-9549.

Secondary containment is required for storage tanks for all aboveground tanks with a capacity of 10,000 gallons or more. Aboveground tanks smaller than 10,000 gallons are required to be equipped with secondary containment if it is reasonably expected that the facility is within close proximity to ground or surface waters of the state. Secondary containment is defined as a structure that is designed to prevent leaks and spills from reaching the land or water outside the initial containment area, including impervious bermed areas or liners, vaults or double-walled tanks.

All used oil containers and aboveground tanks and fill pipes for underground tanks must be clearly labeled with the words "Used Oil."

Used 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 New York State Spill Hotline within two hours of a spill by calling 1-800-457-7362.

Accepting Used Oil. Although most automotive recyclers are not required to take used oil from do-it-yourself oil changers, if you generate used oil as part of your business, you can take used oil from such people of a voluntary basis. You cannot take used oil from other businesses unless you meet certain detailed analysis and record-keeping requirements.

Used Oil Transport. Automotive recyclers must adhere to the following requirements for transporting used oil:

Your operation can transport up to 500 pounds (roughly 55 gallons) of used oil at one time to an approved used oil management facility if the vehicle is owned by you or an employee.
Your operation can transport up to 500 pounds of used oil to a facility owned by your company.
If you transport more than 500 pounds of used oil, you are required to have a DEC 6 NYCCR Part 364 transporter’s permit.
You cannot transport used oil to another service station or business unless they are authorized by DEC to accept used oil.

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

New York Conservation Rules and Regulations on Used Oil Management (NYCRR 360)

Standards for the Management of Used Oil, Code of Federal Regulations, 40 CFR Part 279

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? All used oil storage tanks must be labeled "Used Oil." If underground tanks are used, then the fill pipes should be labeled. All tanks must be registered with DEC.
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 reported to the New York Spill Hotline within two hours.
Is used oil transported to a recovery facility by a certified transporter? Check your records and verify that all shipments of used oil over the threshold of 500 pounds 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 general questions, contact DEC Solid and Hazardous Materials Program at 518-402-8651.
For information on registration of petroleum storage tanks, contact 518-402-9549.
New York State Spill Hotline: 1-800-457-7362.

Related ECAR Fact Sheets

Other Relevant Resources