ECAR Fact Sheet for Vermont
Used Oil

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources

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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.

The VT DEC has prepared a guidance document to help auto recyclers manage used oil. Much of the information is included in the fact sheet below, or you can access the guidance used oil under "Other Relevant Resources."

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 Vermont, 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). 

Vermont defines used oil as any petroleum product that has been refined from crude oil (in whole or in part), or any synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities. Used oil is a free-flowing liquid at standard temperature and pressure and has a flash point of greater than 100 degrees (F). Some examples of used oil include vehicle crankcase and machine gearbox oils. It may include transmission, hydraulic and power steering fluids.

Used oil does not count towards annual hazardous waste generation totals nor does it require a manifest for transportation off-site so long as it is managed in accordance with the used oil standards.

Uses of Used Oil: You may send used oil off-site to be fuel-blended and burned for energy recovery or to be re-refined for reuse as a lubricant. You may reuse it for undercoating vehicles, lubricating chains, tools and other machinery, you may burn it on-site as a fuel in a waste oil furnace for space heating, or give or sell it to others as a fuel under certain conditions.

Burning Used Oil as Fuel.  Burning used oil for disposal is illegal. However, you can burn it on-site as a fuel in a waste oil furnace for space heating under the following conditions:

• The furnace has maximum operating heat input less than 500,000 BTU/hour and combustion gases are vented to the outside;
• Oil must not be burned in "pot burners" or "vaporizing burners". The use of this type of fuel burning equipment is prohibited.
• Oil must come from either a vehicle crankcase or machine gearbox only. (It may be mixed with virgin fuel oil). (Other types of specification used oil, like transmission, hydraulic or power steering fluid, may be burned pending approval by the Waste Management Division.
• Oil must meet "specification". This can be accomplished using "generator knowledge" that the oil does not exceed the specified level for any constituent shown in the table below AND a one-time test for total halogens is performed to assure that the concentration is less than 1000 ppm. A field screening test may be used to determine halogen content.
• Oil may be accepted from do-it-yourselfers.
• 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.

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

• Do not dispose of used oil in a Vermont landfill.
• Do not apply to roads for dust control.
• Do not mix used oil with a hazardous waste. It can be blended with off-specification used oil such that the resultant mixture meets specification.

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.

If used oil is stored above-ground, tanks and containers must be in good condition and made of or lined with compatible materials, kept closed except when adding or removing used oil, and labeled with the words "Used Oil."  Also, they must be located on an impervious surface within a structure that sheds rain and snow. Up to 1,320 gallons may be stored on-site and no single container can have a capacity in excess of 660 gallons. Tanks located outdoors must be equipped with secondary containment able to hold 110% of the tank's volume.

If used oil is stored in an underground storage tank, you must contact the Vermont Underground Storage Program to obtain a permit.

Many of the used oil regulations relate to good housekeeping practices.  As a used oil generator, you must:

• Label all storage containers or tanks with the words "Used Oil;"
• Store used oil in containers or tanks in good condition;
• If there is a leak of used oil: stop the leak, contain it, clean it up and properly manage the cleanup materials;
• Use a transporter with an EPA identification number to ship used oil off-site.

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:

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. Immediately notify the Vermont Waste Management Division at 802-241-3888 (weekdays), or the Department of Public Safety, Emergency Management Division's 24-hour hotline at 800-641-5005. You must report spills under the following conditions:

• A discharge of hazardous waste, or release of hazardous material, that when released becomes hazardous waste, which exceeds 2 gallons; or
• A discharge of hazardous waste, or release of hazardous material, that when released becomes hazardous waste, that is less than or equal to 2 gallons and poses a potential or actual threat to human health or the environment; or
• A discharge of hazardous waste, or release of hazardous material, that when released becomes hazardous waste, that equals or exceeds its corresponding reportable quantity under CERCLA as specified under 40 CFR Section 302.4. 

Transporting Used Oil.  You can self-transport up to 55 gallons of used oil at any one time in a DOT-approved container without obtaining a permit. If you transport more than 55 gallons, you must obtain a permit or use a permitted transporter.

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

Vermont's Used Oil Management Standards

Vermont's Underground Storage Tank Regulations

Federal EPA Standards for the Management of Used Oil

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?  Open containers, and rusting or leaking containers cannot be used for oil storage.
2. 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.
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 VT DEC.
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  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 Vermont Department of Environmental Conservation, Waste Management Division at 802-241-3888.
2. To report a spill or leak, call the Vermont Division of Waste Management at 802-241-3888 (weekdays), the 24-hour spill reporting hotline at 800-641-5005, or the National Response Center at 800-424-8802.
3. To report an environmental incident or complaint, call 802-241-3820, or contact the nearest regional enforcement officer.

Related ECAR Fact Sheets

1. Used Oil Filters.
2. Hazardous Waste.

Other Relevant Resources

1. Vermont Environmental Assistance Division - Used Oil Guidance
2. Vermont - Permitted Used Oil Transporters
3. Vermont - List of Permitted Hazardous Waste Transporters
4. Vermont EAD - Auto Salvage Yard Environmental Resource Center
5. Amended Federal SPCC (Plan) Rules

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