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A wide variety of businesses handle used oil, from service stations to vehicle rental companies to manufacturing facilities. Federal EPA’s used oil management standards are a set of “good housekeeping” requirements for used oil handlers. State regulations governing the management of used oil may be more stringent than federal EPA’s.
Scope
Under many circumstances, used oil is a hazardous waste and must be managed as such if it is to be disposed of. However, EPA’s used oil management program allows the handling of used oil under less stringent standards as long as it is managed according to the regulations and the oil is ultimately sent to a recycler, recycled, or burned for fuel.
Regulatory citations
Key definitions
- 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.
Summary of requirements
Washington state requirements regarding used oil management include some regulatory information beyond the federal requirements. A summary of the additional requirements includes the following:
Washington Department of Ecology (WDOE) may require any person to test their used oil according to the methods set forth in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication, SW-846 to either determine if the used oil is on-specification as described in WAC 173-303-515(4), determine whether the used oil contains a listed hazardous waste, or determine if the used oil is prohibited from being managed as used oil.
Additional prohibitions to those listed in 40 CFR 279.12:
(a) Materials designating as EHW or WPCB cannot be managed under this section when burned for energy recovery. Note: Materials managed under this section containing 2 ppm or greater PCBs are subject to applicable requirements of 40 CFR 761.20(e).
(b) Metal working fluids that are formulated with chlorinated compounds such as chlorinated paraffins or chlorinated alkene polymers cannot be managed under this section when burned for energy recovery.
(c) Ethylene glycol based fluids cannot be managed under this section. These fluids are subject to section WAC 173-303-522 when recycled.
(d) The use of used oil or other materials managed under this section as a dust suppressant is prohibited.
(e) Materials to be managed under this section are prohibited from being mixed with any dangerous waste. If any material managed under this section is mixed with dangerous waste, the resultant mixture is dangerous waste and must be managed as such.
Used oil generators and persons managing materials are subject to the federal regulations at 40 CFR 279.20, -.22, -.23, and .24, and the following:
(a) Storage requirements for containers and tanks.
(i) Containers must be closed at all times, except when adding or removing materials managed under this section.
(ii) Containers and tanks must not be opened, handled, managed or stored in a manner that may cause the container or tank to leakor rupture.
(b) Secondary containment requirements for storage of materialmanaged under this section in tanks and containers.
In addition to the requirements of 40 CFR 279.31, the owner or operator of a used oil collection center may accept greater than 55 gallons of used oil from generators: Provided, that:
(a) The requirements for a used oil transfer facility (40 CFR 279.40 through 279.47) are complied with while that used oil is on site; and
(b) The owner/operator of the collection center records the name, address, telephone number, date of delivery and quantity of used oil being delivered to the site by the generator of the used oil; and
(c) Such records are kept on site for a period of three years.
Standards for used oil transporters and transfer facilities. For the purpose of managing materials under this section, 40 CFR 279.40 through 279.47 are incorporated by reference except that the test methods at WAC 173-303-110(3) must be used and the annual reporting requirements of WAC 173-303-060 must be complied with. The standards for used oil transfer facilities under this subsection are those federal regulations listed above and the following modifications:
Additional reports. Upon determination by the department that the storage of used oil in tanks and/or containers poses a threat to public health or the environment, the department may require the owner/operator to provide additional information regarding the integrity of structures and equipment used to store used oil. This authority applies to tanks and secondary containment systems used to store used oil in tanks and containers. The department's determination of a threat to public health or the environment may be based upon observations of factors that would contribute to spills or releases of used oil or the generation of hazardous by-products (e.g., hydrogen sulfide gas). Those observations may include, but are not limited to, leaks, severe corrosion, structural defects or deterioration (cracks, gaps, separation of joints), inability to completely inspect tanks or structures, or concerns about the age or design specification of tanks.
(a) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of tanks or secondary containment systems.
(b) Requirement for facility repairs and improvements. If, upon evaluation of information obtained by the department under (a) of this subsection, it is determined that repairs or structural improvements are necessary in order to eliminate threats, the department may require the owner/operator to discontinue the use of the tank system or container storage unit and remove the used oil until the repairs or improvements are completed and approved by the department.
Standards for used oil processors and rerefiners. 40 CFR 279.50 through 279.59 are incorporated by reference except that the test methods at WAC 173-303-110(3) must be used and the annual reporting requirements of WAC 173-303-060 must be complied with. The standards for used oil processors and rerefiners under this subsection are those federal regulations listed above and the following:
(a) In addition to the general facility standards of 40 CFR 279.52, owners and operators of used oil processing and/or rerefining facilities regulated under this subsection are subject to the following:
(i) Used oil and other materials managed under the standards for management of used oil may be stored on-site without a permit for ninety days prior to entering an active recycling process. An active recycling process refers to a dynamic recycling operation that occurs within the recycling unit such as a distillation or centrifuge unit. The phrase does not refer to passive storage-like activities that occur, for example, when tanks or containers are used for phase separation or for settling impurities;
(ii) Facility closure standards of WAC 173-303-610 (2) and (12); and
(iii) Financial requirements of WAC 173-303-620 (1)(e).
(b) Additional reports. Upon determination by the department that the storage of used oil in tanks and/or containers poses a threat to public health or the environment, the department may require the owner/operator to provide additional information regarding the integrity of structures and equipment used to store used oil. This authority applies to tanks and secondary containment systems used to store used oil in tanks and containers. The department's determination of a threat to public health or the environment may be based upon observations of factors that would contribute to spills or releases of used oil or the generation of hazardous by-products (for example, hydrogen sulfide gas). Those observations may include, but are not limited to, leaks, severe corrosion, structural defects or deterioration (cracks, gaps, separation of joints), inability to completely inspect tanks or structures, or concerns about the age or design specification of tanks.
(i) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of tanks or secondary containment systems.
(ii) Requirement for facility repairs and improvements. If, upon evaluation of information obtained by the department under (b) of this subsection, it is determined that repairs or structural improvements are necessary in order to eliminate threats, the department may require the owner/operator to discontinue the use of the tank system or container storage unit and remove the used oil until such repairs or improvements are completed and approved by the department.
Used oil burners who burn off-specification and used oil fuel marketers must comply with the annual reporting requirements of WAC 173-303-060.