Used Oil

Used Oil Management in Wisconsin

If you generate a waste oil as a by-product of your operations (ie. a Generator of Used Oil) you may be able to take advantage of the relaxed regulatory requirements of the US EPA and the Wisconsin DNR for the management of this waste as a Used Oil.  In addition to less restrictions for on-site handling, the used oil regulations of the US EPA at 40 CFR 279 and the Wisconsin DNR at ch. NR 679, Wisconsin Administrative Code provide used oil generators with additional options for transportation and recycling.

Definition of Used Oil:

A used oil is defined by regulation as, “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.”  It is worth some repetition in order to emphasize the most important conditions of this definition, a used oil must be…

  1. Refined from crude oil or any synthetic oil; it cannot be a vegetable or animal oil/grease,
  2. Used; it cannot be virgin or unused, and;
  3. Contaminated as a result of its use by physical or chemical impurities (ie. is too spent or too dirty for continued use).

Refer to Table 1 for further description of what can and cannot be regulated as a used oil.

Table 1:

A Used Oil may be…

A Used Oil Cannot be…

Motor oils

Fuel product storage tank bottoms

Greases

Fuel product spill cleanup material

Emulsions

Unused or virgin oil

Coolants

Animal and vegetable oils and grease

Heating media

Antifreeze

Brake fluids

Materials used as cleaning agents

Transmission fluids

Materials used only for their solvent properties

Other hydraulic fluids

  An oil containing >1,000 ppm total halogens

Electrical insulating oils

Metalworking fluids

Refrigeration oils

If your used oil meets the above definition, then it may be managed per the used oil regulations even if it meets the definition of a characteristic hazardous waste.  You may not use the used oil option if it contains a listed hazardous waste.  Table 2 contains a summary of characteristic and listed hazardous waste.

Table 2:

Characteristic Hazardous Waste

Listed Hazardous Waste

Description

Waste Codes

Description

Waste Codes

Ignitable

D001

Non-Specific Sources

F001 – F039

Corrosive

D002

Specific Sources

K001 – K181

Reactive

D003

Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (Acute).

P001 – P205

Toxic

D004 – D043

Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (Toxic).

U001 – U411

Applicability of Used Oil Regulations:

Even if the above definition is met, there are some instances where you may not be able to manage your waste according to the used oil regulations.  The used oil regulations are designed to encourage recycling but also protect the environment; this requires the exclusion of some waste from management as a used oil.

First, it is assumed that all used oil generated will be recycled instead of disposed as a waste.  This allows you as the generator to comply with the used oil regulations regardless if a transporter, processor, or other handler down the line decides to dispose of it as a waste instead of recycle.  In that case the burden of complying with the applicable hazardous waste regulations lies with the handler who decides on disposal over recycling and does not impact your handling of it as a used oil.

One way your oil may be ineligible for management as a used oil is because of something known as the “Rebuttable Presumption”.  It works like this:  at some point prior to recycling your used oil must be sampled and analyzed to determine its total halogen content (fluorine, chlorine, bromine, iodine, or astatine) by the transporter, processor, re-refiner,transfer facility, or other handler – a generator may perform the analysis but it is not required.  If the results of this test indicate the total halogen content is >1,000 ppm, then the used oil is presumed to contain a spent chlorinated solvent and to be a listed hazardous waste from a non-specific source with the waste codes of either F001 or F002 (see Table 2).  This presumption, known as the “Rebuttable Presumption”, precludes the waste’s management as a used oil unless you as the generator are able to do one of the following:

  1. Find an exemption/exclusion from the “Rebuttable Presumption”.
  2. Rebut the presumption by demonstrating the oil does not contain a listed hazardous waste.

A second way your oil may be ineligible for the used oil option is if it has been mixed with a characteristic hazardous waste and the resulting mixture exhibits any of the characteristics of a hazardous waste; an exception to this exists for a waste that is hazardous solely for the characteristic of ignitability.  If an ignitable hazardous waste is mixed with a used oil the resulting mixture may be managed as a used oil as long as it doesn’t display the characteristic of ignitability.

And, of course, the mixture of an oil with any listed hazardous waste precludes its management as a used oil.

See Table 2 for a summary of characteristic and listed hazardous waste.

Requirements for Management of Used Oil:

The used oil regulations contain specific requirements for generators, they include:

  • Label containers, above-ground tanks, and underground tank fill pipes as “Used Oil”.  This is very important, labeling as “Waste Oil”, “Bad Oil”, “Oil for Recycling”, etc. is frequently cited as a violation by the US EPA and the WDNR.
  • Maintain used oil containers and tanks in good condition with no leaking.
  • If a leak or spill occurs, promptly clean it up with dry methods and dispose of any waste properly.
  • Also, you should…
    • Comply with the applicable WI Department of Commerce Flammable, Combustible and Hazardous Liquids requirements in ch. Comm 10, Wis. Adm. Code.
    • Comply with the US EPA Spill Prevention, Control and Countermeasure (SPCC) regulations of the Clean Water Act if your on-site storage of all oil is above threshold amounts.

Transportation of Used Oil:

The used oil transporter you select must comply with the following:

  • Have a US EPA identification number and a WDNR solid waste transportation license.
  • Meet all applicable regulations of the US DOT for the transportation of hazardous materials.
  • Comply with the used oil regulations (Federal and State) applicable to used oil transporters.

There is a special arrangement you may be able to make with your transporter known as the tolling arrangement that removes the requirement for the transporter to have a US EPA identification number; the requirement for a WDNR solid waste transportation license remains however.   To be eligible for the tolling arrangement the used oil must be reclaimed under a contractual agreement where the reclaimed oil is returned by the processor or re-refiner to the generator for use as a lubricant, cutting oil or coolant.

Management Options for Used Oil:

A used oil generator also has some options available that make the management and disposal of used oil even easier and possibly a net benefit:

  1. You may self-transport up to 55 gallons of your own used oil to a registered used oil collection center or between your facilities to a central aggregation point.  You may also transport used oil collected from household do-it-yourselfers or small farmers (those who generate an average of <25 gal/month of used oil in a calendar year) to your facility or an aggregation point.  In either case, the transportation must be in a company or employee-owned vehicle.
  2. You may filter, clean, or otherwise recondition used oil for reuse on-site.
  3. You may burn used oil on-site in a space heater if all of the following conditions are met:
    • Maximum design capacity of the heater is ≤500,000 BTU”s/hour.
    • Combustion gases are vented to the outside.
    • Sources of used oil are limited to:  on-site generation or other locations owned by the company (you can use self-transportation to aggregate volumes) or receive directly (without a middle-man or used oil marketer) from household do-it-yourselfers or small farmers.

Prohibitions on the Management of Used Oil:

Used oil may not be…

  • Managed in surface impoundments or waste piles unless permitted.
  • Used as a dust suppressant.
  • Burned in a non-exempt boiler or space heater (see above).

Conclusion:

Used oil is a type of waste that both the US EPA and the WDNR believe can be managed in a way that protects human health and the environment without resorting to full regulation as a hazardous waste under the Resource Conservation and Recovery Act (RCRA).  For this reason the used oil regulations were created.  Make certain that you comply with the relaxed regulatory requirements and take advantage of the options available to you as a generator of used oil.

What is the Rebuttable Presumption for Used Oil?

As a generator (aka:  handler) of Used Oil you have the option to manage it according to the relaxed regulatory requirements of 40 CFR 279 instead of the more stringent regulations for the management of hazardous waste.  This option is available even if the used oil meets the definition of a characteristic hazardous waste (read more about the options for management of Used Oil).  If you choose to utilize the used oil option, you should be aware of the Rebuttable Presumption and your responsibility to prove that your used oil is not a listed hazardous waste and ineligible for the used oil option.

According to 40 CFR 279.10(b)(1)(ii) a used oil containing more than 1,000 ppm total halogens (fluorine, chlorine, bromine, iodine, or astatine) is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, subpart D.  In other words, if the total concentration of halogens is determined to be above the threshold amount, it is presumed that a chlorinated solvent is present requiring the application of the F002 waste code for a spent solvent.  This presumption limits your options for management of the waste to the following:

  1. Give up on rebutting the presumption and manage the used oil as a hazardous waste.
  2. Determine if an exemption/exclusion from the “Rebuttable Presumption” exists (see below).
  3. Demonstrate through testing, generator knowledge or some combination of both that the used oil is not a listed hazardous waste.

Remember, whether you pursue #2 or #3 of the above the burden of proof is on you.  If relying on an exemption/exclusion, ensure it applies to your operations.  If collecting a sample for analysis ensure you use the proper sampling and test methods.  And, if relying on generator knowledge of materials and processes, be sure to use reliable sources of information.  Whichever method you choose take care to document your methods, sources, and conclusions.  For further guidance on rebutting the “Rebuttable Presumption” refer to Section IV of this US EPA guidance document (905-R03-005).

You will not need to rebut the presumption if one of the following exemptions/exclusions apply to your operations:

  • A metalworking oil containing chlorinated paraffins where it will be processed by reclamation through a tolling arrangement as described in 40 CFR 279.24(c).
  • A used oil contaminated with chlorofluorocarbons (CFC’s) removed from refrigeration units where the CFC’s are sent for reclamation [40 CFR 279.10(b)(1)(ii)(B)].
  • A mixture of used oil and TSCA-regulated PCB’s is exempt from regulation as a hazardous waste (as long as it is hazardous only for toxicity characteristic codes D018-D0043).  It may be regulated as a used oil if the PCB concentration is <50 ppm or as a TSCA-regulated PCB waste if the concentration is ≥50 ppm [40 CFR 279.10(i)].
  • Used oil from a Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste may be managed as a used oil no matter the concentration of total halogens consistent with 40 CFR 261.5(j).
  • A “do-it-yourselfer” used oil generator and/or farmer who generates an average of 25 gal/month or less of used oil in a calendar year are subject to the exclusion of household solid waste from the definition of hazardous waste at 40 CFR 261.4(b) and 40 CFR 279.20.(1) and (4).

The determination of halogen content must be made prior to recycling – including burning as a fuel – or re-processing and may be made by any of the following parties:

  1. Used oil processors and re-refiners must make the determination of total halogen content and maintain records until plant closure.
  2. Used oil transporters and transfer facilities, marketers, and burners must make the determination of total halogen content and maintain records for three years.
  3. Used oil generators/handlers are not required to determine total halogen content, however, it may be helpful to make the determination in order to be able to rebut the presumption if it arises.

The presence of halogens in used oil above 1,000 ppm leads to the presumption that it is a listed hazardous waste and no longer eligible for the relaxed regulations of the used oil option.  If this occurs, the “Rebuttable Presumption” puts the burden on you to either cite the applicable exemption or rebut the presumption through a combination of testing and generator knowledge.  Be prepared to either cite the applicable exemption/exclusion or assemble the necessary information to rebut the “Rebuttable Presumption”.

The used oil regulations found at 40 CFR 279 are just one small part of the RCRA regulations that apply to any facility that generates hazardous waste.  Another aspect of the regulations require annual training for Large Quantity Generators (LQG’s) of hazardous waste.  Contact me to discuss the training you need to maintain compliance at your facility.

Notification of Regulated Waste Activity Form for Hazardous Waste Generators

The US EPA requires you to submit a Notification of Regulated Waste Activity (8700-12) Form for certain activities involving wastes subject to the regulations of the Resource Conservation and Recovery Act (RCRA).  A Notification is required if you handle a regulated waste or hazardous secondary material and may be required under the following circumstances:

  • You are a Large Quantity Generator (LQG) or Small Quantity Generator (SQG) of hazardous waste.  A Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG) is not required to notify.
  • You are a Large Quantity Handler of universal waste (accumulate >5,000 Kg of universal waste).
  • You recycle hazardous waste.
  • You transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.  The generation, storage, and off-site transportation of used oil is not subject to notification.
  • You are an eligible academic entity opting into 40 CFR 262, Subpart K.
  • You are managing a hazardous secondary material.

Upon receipt of an initial notification form, your site will be issued a unique EPA ID number by the US EPA.  This number is specific to the geographic location of your site and does not change if you sell the property or expire if you go out of business.

If you already have an EPA ID number, you must submit a subsequent notification for changes in any of the following:

The Notification of Regulated Waste Activity Form is the method the US EPA or your state environmental agency (see below) relies on to track your regulated waste activities.  It is your responsibility to ensure the information they have is up-to-date, accurate, and complete. The US EPA recently updated its Notification of Regulated Waste Activity Instructions and Form Booklet in December 2011 and it contains very helpful information.

Many states with authorized hazardous waste programs have their own procedures and requirements for submittal of the initial and subsequent notification forms.  State-specific regulations may include:

  • A state-specific notification form in lieu of the federal form.
  • Time lines for submittal of the initial and subsequent notifications.
  • If using the US EPA form, a state mailing address for submittal.
  • Fees to accompany the notification.

It is very important that you check with your state to ensure your submittal meets their requirements.  

My training services cover the hazardous waste regulations of the US EPA and the HazMat Employee regulations of the US DOT.  I provide open enrollment training events nationwide and year round (my schedule) and on-site training to meet your exact needs.  Please contact me to arrange for the exact training services you require.

US EPA Regulations for the Management of Used Oil

The prospect of burning used oil on-site for energy recovery may seem daunting.  You may think that the regulatory burden and related costs would far outstrip any savings on fuel consumption.  I think you may be pleasantly surprised to learn how accommodating the US EPA regulations can be.  In certain conditions, you can even burn used oil you collect from outside parties.  Keep in mind that this information is based on the Federal regulations of the US EPA your state may have more strict requirements and additional limitations. Also keep in mind that if you intend to accumulate used oil on-site you may become subject to the Spill Prevention Control and Countermeasure requirements found at 40 CFR 112.

First of all, used oil is defined at 40 CFR 279.1 as,  “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.”  It can include:

  • Motor oil
  • Hydraulic fluid
  • Electrical insulating oils
  • Transmission fluid
  • Compressor oils

The advantages to burning used oil on-site for energy recovery as opposed to shipping it off-site for disposal include the following:

Better for the environment given the reduced resource consumption in collecting, transporting, and processing the oil at an off-site location.

Reduced disposal costs since you will be burning the waste on-site and no longer require a transporter and disposal facility to perform this role.

Reduced heating costs as you replace the fuels you typically purchase for consumption with Used Oil.

 

First you must determine if the used oil you generate and/or collect for energy recovery is Specification Used Oil orOff-Specification Used Oil.  If the concentration of constituents in your used oil is below the allowable levels identified in Table 1 of 40 CFR 279.11 and you comply with the requirements of 49 CFR 279.72, 279.73, and 279.74(b), see here for these requirements, then you have a Specification Used Oil that is not subject to the requirements of 40 CFR 279.  That means the oil can be burned for energy recovery in any device without US EPA restrictions.  See here for more information from US EPA about the determination and regulation of Specification Used Oil for energy recovery.   Note that mixtures of used oil and hazardous waste per 40 CFR 279.10(b) cannot be considered a Specification Used Oil.

If you generate an Off-Specification Used Oil, there are still options available to you for on-site energy recovery.  Pursuant to 40 CFR 279.12(c) Off-Specification Used Oil may be burned for energy recovery in only one of the following devices:

So, just what are the requirements of 40 CFR 279.23 that will allow you to burn Off-Specification Used Oil for energy recovery in a space heater at your facility?  First, the used oil must either be generated by the owner of the space heater – this includes off-site locations aggregated to one location – or be received directly from a Household “do-it-yourselfer” as defined at 40 CFR 279.1.  Secondly, the heater must have a design capacity not to exceed 0.5mmBtu/hr and the combustion emissions must be vented to the ambient air.  Burning of any used oil with PCB’s is subject to the requirements of 40 CFR 761.20(e).

Now let’s return to management of Specification Used Oil.  Remember that determining the constituent levels to be below the allowable levels of Table 1 of 40 CFR 279.11 is just the first part.  You must also comply with 40 CFR 279.72, 279.73, & 279.74(b).

  • 40 CFR 279.72 – You must maintain – for 3 years – records of analysis or other determination that the oil meets the requirements of 40 CFR 279.11.
  • 40 CFR 279.73 – If you don’t already have one, a US EPA identification number may be required for your site.
  • 40 CFR 279.74(b) – If the used oil is to be shipped off-site, you must maintain records of its shipment.  Note this does not require the use of a Uniform Hazardous Waste Manifest or Shipping Paper.  Carefully check your state regulators as I know there are some who disagree with the US EPA on this point.

Speaking of off-site transportation, you must ensure compliance with both US EPA and US DOT regulations for this activity.  Per 40 CFR 279.24 if using a common-carrier for off-site shipment, you must ensure the transporter has a US EPA identification number.  A generator may self-transport – without a US EPA identification number – used oil it’s generated to either an approved oil collection center or to an aggregation point it owns if it transports no more than 55 gallons at a time and uses a company or employee owned vehicle.

40 CFR 279.24 also includes relaxed requirements for “Tolling Arrangements” where used oil is shipped off-site for reclamation and returned to the generator.  Again, check closely with your states on this one.

It is unlikely, though possible, that an Off-Specification Used Oil – let alone a Specification Used Oil – will meet the US DOT definition of a hazardous material found at 49 CFR 171.8.  However, circumstances may vary and it is important for you to carefully review your used oil and the Hazardous Material Regulations (HMR) to determine the applicable US DOT requirements for transportation.

Used oil may represent a potential fuel combustion source you can use to heat your facility throughout the winter months.  Or, you may continue to ship used oil off-site for final disposal.  Please use the above information as a one component in determining what option works best for your facility.  Please feel free to contact me if you wish to share your experience with the combustion of used oil for energy recovery at your company.