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Regulations 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. It is important that used oil be properly recycled to prevent potential pollution of the air, land, surface water, and groundwater. Used oil can contain cancer-causing agents, metal contaminants, and organic compounds that filter into the groundwater supply when the used oil is dumped or sprayed as a dust suppressant. Such contamination can result in serious hazards to human health. You can avoid the burden of treating used oil as a hazardous waste:
This fact sheet will tell you what you need to do to avoid problems with used oil. The Oregon Department of Environmental Quality (DEQ) has prepared several used oil guidance documents. You can access the links to the guidance documents under Other Relevant Resources.
The federal Environmental Protection Agency (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. The state of Oregon has adopted the federal used oil management standards and has adopted more stringent, state-specific provisions in connection with the definition of used oil, use prohibitions, notification, storage by generators, used oil space heaters, used oil burned for energy recovery and annual reports for used oil processors/rerefiners. 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. Used oil includes any oil having been refined from crude or synthetic oil and used as a lubricant, electrical insulation oil, hydraulic fluid, heat transfer oil, brake fluid, refrigeration oil, grease or machine cutting oil. Used oil does not include:
Mixtures of Used Oil. Mixing waste with used oil can degrade its recyclability and may result in higher management costs. Wastes may be mixed with used oil only in specific situations. Labeling. Containers and above-ground tanks must be clearly labeled or marked with the words "used oil". Fill pipes used to transfer used oil to underground tanks shall be clearly marked with the words "used oil". Burning Used Oil as Fuel. Burning used oil for disposal is illegal. However, you may burn used oil in onsite space heaters provided that:
If your business burns used oil for energy recovery, check with your state or local air quality division to inquire about air quality requirements, and check with state building code personnel to inquire about building codes for the installation and use of the burner. Burning Used Oil for Energy Recovery. Mixtures of used oil and nonhazardous solid waste must have a minimum energy value of 5,000 BTUs per pound when burned as a fuel for energy recovery. Mixtures with an energy value of less than 5,000 BTUs may be burned for treatment or incineration of solid waste after you have made a determination that the mixture is not a hazardous waste. Residues produced from the burning of used oil for energy recovery are subject to state and federal hazardous waste regulations. Used Oil Management. As a used oil generator, you must ensure that used oil is properly managed by a recycling or disposal company. The best way to manage used oil is to send it off-site to a recycling company. Uses of Used Oil. It is illegal to dispose of used oil improperly. Note the following important restrictions:
Storage of Used Oil. Used oil must be stored in tanks or containers (including DOT approved drums) that are in good condition. This means:
Many of the used oil regulations relate to good housekeeping practices. As a used oil generator, you must:
Transporting Used Oil. If you transport more than 55 gallons of used oil at a time, you must use a used oil transporter that has notified the state and has a DEQ/EPA identification number for the transport of used oil. The used oil transporter must deliver all used oil collected from the generator to:
You may self-transport used oil without a DEQ/EPA identification number if:
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. You must notify DEQ of your used oil activity by submitting a completed “Notification of Used Oil Activity” form to DEQ. Reporting. Used oil processors must report to the DEQ annually the following information:
Oil Spills. If a spill occurs, you must perform the following cleanup steps:
Links to the Regulations. Use the following links to view the regulations pertaining to used oil storage and management. Oregon Used Oil Management Regulations (Division 111) 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.
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.
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