Used oil regulations continue to challenge companies. Seemingly simple requirements—such as proper container labeling, selecting the correct storage container, properly completing the correct manifest, and making sure you don’t exceed regulatory storage times—can prove particularly troublesome. Failing to maintain appropriate records, not complying with used oil processor and refiner regulations, failing to determine the total halogen contend of the used oil, and not properly storing used oil are just a few scenarios that can result in costly fines and penalties imposed by federal, state, or even local authorities. To ensure that you’re up to speed on your compliance requirements, it’s important to take a closer look at how your organization manages used oil. Also, by auditing current used oil management practices, you’re better able to identify potential new cost reduction opportunities. These slides will provide you with strategies for assuring that your existing program is compliant and cost-effective. Learn how to: --Interpret the existing used oil generator standards as they apply to your organization --Assess the key requirements including defining a used oil generator, defining used oil mixtures, storage requirements (tank, drum and other containers), labeling and recordkeeping requirements, release response and clean up, off-site shipments, and burning in space heaters --Identify cost saving opportunities for managing used oil with a focus on recycling --Evaluate selected states that have programs that differ from the federal programs program --Consider the typical used oil generator violations --Determine the likelihood of changes to the used oil generator regulations

1. R E S U L T S F I R S T S M
N E W Y O R K • N E W J E R S E Y • F L O R ID A • C A L IF O R N IA • W A S H IN G T O N , D . C . • IL L IN O IS • G E O R G IA • P E N N S Y L V A N IA • W W W . P E C K L A W . C O M
Dave Scriven-Young
Peckar & Abramson, P.C.
Used Oil—
Understanding the Regulations and
Strategies for Staying in
Compliance

2. 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

3. Key Requirements of the Regulations

4. 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

5. Key Requirements of the Regulations
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

6. Key Requirements of the Regulations
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.

7. Key Requirements of the Regulations
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.

8. Key Requirements of the Regulations
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)

9. Key Requirements of the Regulations
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.

10. Key Requirements of the Regulations
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.

11. Key Requirements of the Regulations
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.

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

13. 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.

14. States with Different Programs

15. 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.

16. Typical Used Oil Generator Violations

17. 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

18. Resources to Assure Compliance

19. Resources to Assure Compliance
•EPA's Introduction to Used Oil (Call Center Training Module)
•Used Oil program websites for individual states
•Environmental audits/consultants

20. Questions
Dave Scriven-Young
Peckar & Abramson, P.C.
30 N. LaSalle Street, Suite 4126
Chicago, IL 60602
(312) 239-9722
dscriven-young@pecklaw.com
http://illinoisenvironmentallaw.com