Used Oil: Understanding the Regulations and Strategies for Staying in Compliance

Dave Scriven-YoungPeckar & Abramson, P.C.

Used Oil—Understanding the Regulations and

Strategies for Staying in Compliance

Outline(1) Key Requirements of the Regulations

(2) Identifying Cost Saving Opportunities

(3) States with Different Programs

(4) Typical Used Oil Generator Violations

(5) Resources to Assure Compliance

Key Requirements of the Regulations


A little history . . .

1980 1984 1985 1992

Used Oil Recycling Act

RCRA § 3014

Regulations Codified at Part 266, Subpart E Regulations

Codified at 40 CFR Part 279


Used Oil•"Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities." 40 CFR 279.1


Mixtures—40 CFR 279.10•Mixtures of used oil and listed hazardous waste are subject to regulation as hazardous waste rather than as used oil.

•Rebuttable presumption that used oil containing more than 1,000 ppm total halogens is hazardous waste.


Mixtures—40 CFR 279.10•Mixtures of used oil and characteristic hazardous waste:– If used oil mixed with waste that only exhibits ignitability,

then can be managed as used oil if the mixture is no longer ignitable.

– If used oil mixed with waste that is hazardous because it exhibits one or more characteristics of hazardous waste (other than ignitability), then can be managed as used oil if the mixture no longer exhibits any characteristics.


Generators•"Any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation." 40 CFR 279.1

•Exceptions for household DIYs, vessels at sea, diesel fuel mixtures, farmers generating an average of 25 gallons per month or less from vehicles. (40 CFR 279.20)


Storage—40 CFR 279.22•Good Housekeeping:– Good condition and not leaking.– Containers and aboveground tanks must be labeled "Used Oil"– Fill pipes used to transfer used oil must be labeled "Used Oil."

• Releases: Must stop, contain, cleanup, and properly manage the released used oil and other materials.


Off-Site Shipments—40 CFR 279.24•Generators must ensure that their used oil is transported only by transporters who have obtained EPA identification numbers, except that generators may transport without an EPA ID when:– The generator transports no more than 55 gallons, in

generator-owned vehicle, to a registered collection center or aggregation point owned and/or operated by the same generator.

– The used oil is reclaimed under agreement by which reclaimed oil is returned as lubricant, cutting oil, or coolant.


Space Heaters—40 CFR 279.23•Used oil may be burned in space heaters provided:– The used oil must have been generated by the owner or

operator or received from household DIY generators;– The heater is designed to have a maximum capacity of not

more than 0.5 million Btu per hour; and– The combustion gases are vented to the ambient air.

Identification of Cost Savings Opportunities for Managing Used Oil With Focus on Recycling

Identification of Cost Savings Opportunities

Recycling Presumption•EPA presumes that used oil will be recycled.

– Based on industry data that a majority of used oil ends up being recycled either by being burned for energy recovery or by being re-refined.

– As a result of presumption, it is only when used oil is sent for disposal that it is no longer subject to Part 279 standards.

• Used oil should be considered a valuable resource rather than a waste.

States with Different Programs

States with Different Programs

•Most states have adopted the federal standards, but some states use slightly different definitions of used oil or have additional rules that may apply to your facility. •For example, California law requires that the used oil be transported by a registered hazardous waste transporter using a hazardous waste manifest.•Know and understand your state regulations governing the management of used oil.

Typical Used Oil Generator Violations

Typical Used Oil Generator Violations

•Used oil contaminated with toxic polychlorinated biphenyls or PCBs•Failing to label used oil tanks•Violations relating to oil pollution prevention and spill prevention, control and countermeasures plan– Did not address such things as secondary containment and

diversionary structures to prevent discharged oil from reaching navigable waterways

– Did not cover all storage tanks or fuel truck loading and unloading

Resources to Assure Compliance

Resources to Assure Compliance

•EPA's Introduction to Used Oil (Call Center Training Module)

•Used Oil program websites for individual states

•Environmental audits/consultants

Questions

Dave Scriven-YoungPeckar & Abramson, P.C.

30 N. LaSalle Street, Suite 4126Chicago, IL 60602(312) 239-9722

[email protected]://illinoisenvironmentallaw.com