Used Oil

ECAR Fact Sheet for Rhode Island
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

The Rhode Island Department of Environmental Management (DEM) is in the process of formulating proposed waste/used oil regulations that should reduce the regulatory requirements for the management of waste/used oil. The proposed waste/used oil changes are intended to provide businesses that generate, transport, store and recycle used (or waste) oil an alternative method for managing their waste/used oil that is less restrictive than managing it as a conventional hazardous waste. Until such time that the proposed regulations are finalized, auto recyclers are to comply with the DEM’s current waste/used oil requirements.

The DEM has prepared a guidance document to help auto recyclers manage waste/used oil. Much of that information is included in the fact sheet below. You can access the link to the DEM’s Hazardous Waste Compliance Workbook for Generators under Other Relevant Resources.

This fact sheet will tell you what you need to do to avoid problems with waste/used oil.

Regulations

Unlike most states, Rhode Island has not adopted the federal management standards for waste/used oil. In most instances, waste/used oil is classified and managed as a hazardous waste. *The state uses the term “waste oil” interchangeably with the term used oil.

Rhode Island defines waste/used oil as a petroleum based oil which, after sale to a consumer, through use, storage, or handling has become unsuitable for its original purpose and is suitable for recycling, and furthermore, is regulated under Rhode Island’s Hazardous Waste Management Act.

Generator EPA Identification Number. You must not store, or offer for transportation, hazardous waste without having received an EPA identification number. To obtain an EPA ID Number, contact the DEM and indicate that you are requesting an EPA ID Number for Hazardous Waste Generation.

Managing Waste/Used Oil. In order to manage waste/used oil as a nonhazardous waste, you would have to have analytical testing performed that demonstrates that the waste/used oil does not exhibit hazardous characteristics. In most cases, you will have to manage waste/used oil under the hazardous waste rules.

Waste/Used Oil Hazardous Waste Codes. If waste/used oil meets any of the characteristic criteria under the state’s rule, it needs to be assigned a Rhode Island listed hazardous waste code. Waste/used oil will fall most commonly under the two following waste codes:

Waste Code R003. Under this code, liquid waste/used oil has a flash point at or above 73°F but does not exceed 200°F.
Waste Code R010: Under this code, the waste/used oil is voluntarily being managed as a hazardous waste, but it does not meet any other characteristic criteria that would classify it as a Rhode Island Waste.

Storage of Waste/Used Oil. You may accumulate waste/used oil onsite for 90 days provided that the waste is placed in containers, tanks, drip pads or containment buildings. You may also accumulate, with no storage time limit, up to 55 gallons of waste (or 1 quart of acutely hazardous waste) in containers under the “Satellite” Accumulation provisions, provided the container is:

At or near any point of generation where the waste initially accumulates;
Under control of the operator of the process generating the waste;
In good condition;
Kept closed except when adding or removing waste;
Handled or stored so as not to cause a rupture or leak;
Arranged to accommodate the storage of chemically incompatible wastes; and
Labeled with the words “ Hazardous Waste,” and other words that identify the contents of the container.

When filled, you must move the 55-gallon container to a designated hazardous waste storage area within 3 days. The full containers then incur the 90-day time limit for proper disposition (i.e. the 90-day “clock” begins ticking).

Listed below is a summary of storage requirements:

Store on impervious floor with secondary containment.
Keep drums closed, clean, and in good condition and maintain aisle space.
Consider keeping a spill kit in the area, and clean spills immediately.
Electrically ground drums which contain ignitables.
Implement a weekly inspection of the storage area.
Label and date all drums according to guidelines listed in the workbook.
Ship off-site within 90 days.
If the area contains ignitables, post "No-Smoking" signs in the area and locate 50 feet from property line.

Container Labeling Requirements. Each container in the hazardous waste storage area must be labeled with the following information:

The words: “ HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.”
The generator’s name and address of generating facility.
The USDOT shipping name and the generic names of the principal hazardous waste components (if the proper USDOT shipping name is not conclusive in identifying the hazardous waste).
The EPA or Rhode Island waste code.
Date of containerization. (The date that the 90 day “clock” begins ticking.) The accumulation start date is the date that hazardous waste first begins accumulating in a container or tank, exclusive of satellite accumulation.
The hazardous waste manifest document number (prior to being shipped off-site) .
DOT hazard label.

Waste/Used Oil Prohibitions. You may not collect, transport, transfer, store, recycle, use, or dispose of waste/used oil by discharge to sewers, drainage systems, surface or ground water, watercourses, or marine waters, or by incineration or deposit on land, unless in accordance with the state’s hazardous waste management requirements.

Transporting Waste/Used Oil. You must use a licensed hazardous waste transporter to remove your waste/used oil. Transporters are required to have an EPA Identification Number and a valid state hazardous waste transporter permit.

Hazardous Waste Manifests/Waste Shipment. The hazardous waste manifest is an eight-copy document designed to track the hazardous waste shipment. This form is provided or approved by the DEM for identifying, the generator, hazardous waste transporter, quantity and destination of waste automotive oil. It is your responsibility as the generator to make sure that the manifest is accurate, even if it is filled out by the transporter for you.

Emergency Preparedness and Prevention/Contingency Plans. Your facility must be maintained in order to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste constituents. Your facility must have the following:

An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.
A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police and fire departments.
Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment.
Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
All equipment above must be tested and maintained as necessary to assure its proper operation in time of emergency.
Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee.
You must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
You must attempt to make arrangements to familiarize local police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, and possible evacuation routes.
You must attempt to make arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
If State or local authorities decline to enter into such arrangements, you must document the refusal in the operating record of the facility.

Written Contingency Plan. You must have a written contingency plan designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned release of hazardous waste to air, soil, or surface water. The plan should outline specific steps that company personnel will take in response to emergencies.

Annual Personnel Training. Personnel dealing with hazardous waste at the

facility of a generator engaging in 90-day accumulation must successfully complete a program of classroom instruction or on-the-job training that teaches them hazardous waste management procedures (including contingency plan implementation) relevant

to the positions in which they are employed. The program must be directed by a person already trained in hazardous waste management procedures and must encompass all aspects of hazardous waste management procedures.

Recordkeeping and Reporting. Generators of hazardous waste must comply with following recordkeeping requirements:

Keep a copy of each signed manifest for at least three years, including a signed copy from the designated facility which received the waste.
Keep records of any test results, waste analyses, or other determinations made in accordance with its identification of hazardous waste for at least three years
Submit a biennial report to the DEM about your hazardous waste management activities.

Waste/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.

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

Stop the release;
Contain the released waste/used oil;
Clean up and properly manage the released waste/used oil and other materials; and
If necessary, repair or replace any leaking waste/used oil storage containers or tanks prior to returning them to service.
Immediately notify the DEM at 401-222-1360 and the National Response Center at 800-424-8802.

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

Rhode Island’s Hazardous Waste Management Requirements

Rhode Island’s Used Oil Recycling Act

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 waste/used oil storage areas and management procedures.

Do you have an EPA ID number? You must obtain an EPA ID number if you store, or offer for transportation, hazardous waste.
Are you properly storing your waste/used oil? You may accumulate waste/used oil onsite for 90 days provided that the waste is placed in containers, tanks, drip pads or containment buildings. You may also accumulate, with no storage time limit, up to 55 gallons of waste (or 1 quart of acutely hazardous waste) in containers under the “Satellite” Accumulation provisions.
Are waste/used oil storage containers and tanks properly labeled? All waste/used oil storage containers must be labeled “HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.” In addition, the label must contain the facility name and address, the USDOT shipping name, the EPA or Rhode Island waste code, the date of containerization, the hazardous waste manifest document number and the DOT hazard label.
Is the area around the waste/used oil storage containers free of releases? Releases must be stopped and the released material cleaned up and managed properly. If a release of waste/used oil occurs, it must be contained and immediately reported to the DEM and the National Response Center.
Are you using a licensed transporter and utilizing the proper documentation? All transporters must have an EPA Identification Number and a valid state hazardous waste transporter permit. A hazardous waste manifest must be used to track the hazardous waste shipment.
Are you prepared for emergencies? You must maintain your facility in order to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste constituents. You must have a written contingency plan designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned release of hazardous waste to air, soil, or surface water. Personnel dealing with hazardous waste at the facility of a generator engaging in 90-day accumulation must successfully complete a program of training that teaches them hazardous waste management procedures (including contingency plan implementation).
Are you keeping proper records? Keep a copy of each signed manifest and records of any test results for at least three years. Submit a biennial report to the DEM.
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.

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 waste/used oil storage areas and management procedures.

Store waste/used oil on an impervious floor with secondary containment.
Keep drums closed, clean, and in good condition and maintain aisle space.
Consider keeping a spill kit in the area, and clean spills immediately.
Electrically ground drums which contain ignitables.
Implement a weekly inspection of the storage area.
Label and date all drums according to guidelines listed in the workbook.
Ship off-site within 90 days.
If the area contains ignitables, post "No-Smoking" signs in the area and locate 50 feet from property line.

Contacts

For more information, contact the Rhode Island DEM, Office of Waste Management at
401-222-2797.
To report a spill or leak, immediately call the DEM at 401-222-1360 or, if after hours, call the
24-hour emergency number at 401-222-3070.
To report an environmental incident or complaint, contact the DEM Offices

Related ECAR Fact Sheets

Other Relevant Resources

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