Used Oil

The following are the nine types of recognized used oil handlers:

Generators

A used Oil Generator is any business, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. People who change their own oil (household do-it-yourselfers), and farmers who generate an average of 25 gallons or less of used oil per month are not covered by these regulations.

Used Oil Generators include:

• Repair Shops
• Service Stations
• Fleet Maintenance Shops
• Military Motor Pools
• Bus/Taxi Maintenance Shop
• Delivery Companies

Generator Requirements Are:

• Storage containers must be in good condition.
• Storage containers must be marked with the words “USED OIL”.
• Clean up any used oil spills or leaks to the environment
• On-site burning in space heaters is permitted.
• Must use a transporter with an EPA ID number when shipping used oil except when:
  • Self-transporting less than 55 gallons in personal or company vehicle,
  • Self-transportation to aggregation point owned by generator,
  • Transportation under Tolling (Recycling) Arrangement, but must receive recycled lubricant and/or coolant back.

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Aggregation Points

A Used Oil Aggregation Point is any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons.  Aggregation points may accept used oil from household do-it-yourselfers.

Aggregation points must comply with the used oil generator requirements.

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Collection Centers

A Used Oil Collection Center is any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers.

Collection Centers Must:

• Comply with the generator requirements.
• Be registered/licensed/permitted/recognized by state/county/municipal government to manage used oil.

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Transporters

Used Oil Transporters are persons who transport used oil, persons who collect used oil from more than one generator and transport the collected used oil, and owners and operators of used oil transfer facilities.

Used Oil Transporters:

• Must not mix used oil with hazardous waste.
• Must comply with other applicable requirements, i.e. burner, generator, processor.
• Must comply with DOT requirements 49 CFR 173, 178, & 179.
• Must obtain an EPA ID number.
• May consolidate for transportation, but not for processing.
• May not process other than incidental processing.
• Must properly stop and clean up any releases of used oil.
• Must determine, through testing or knowledge, whether the total halogen content of used oil being transported exceeds 1,000 ppm.
• Must submit a biennial report if used oil is held more than 35 days.

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Marketers

Used Oil Marketers:

• Must comply with one of the following used oil standards:  Generator, Transporter, Transfer Facility, Processor/Re-Refiner, or Off-Specification Used Oil Burner.
• Must obtain an EPA ID number.
• Must maintain records of all specification and off-specification used oil fuel deliveries.
• May initiate a shipment of off-specification used oil only to a used oil burner who:
  • has an EPA ID number, and
  • is an industrial furnace or boiler
• If claiming the used oil meets specifications, must keep records, for 3 years of:
  • testing data used to make determination,
  • receiving facility
  • quantity of used oil delivered
  • date of shipment or delivery, and
  • a cross reference to the record of used oil analysis or other information used to make the determination that the oil meets specification.
• If claiming the used oil is off-specification, must keep records for 3 years, of:
  • each shipments transporter and their EPA ID number,
  • the burner and their EPA ID number,
  • the quantity shipped, and
  • the date of shipment.

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Off-Specification Used Oil Burners

An Off-Specification Used Oil Burner is a facility where used oil not meeting the specification requirements in 40 CFR 279.11 is burned for energy recovery in industrial furnaces/boilers and utility boilers, and in certain space heaters defined in 40 CFR 279.61.

Off-Specification Used Oil Burners Must:

• Obtain an EPA ID number.
• Comply with other applicable requirements, i.e. burner, generator, processor, marketer.
• Maintain all storage containers in good condition.
• Label all storage containers with the words “USED OIL."
• Maintain secondary containment for all used oil storage containers and aboveground tanks.
• Determine, through testing or knowledge, whether the total halogen content of used oil being transported exceeds 1,000 ppm.
• Track all used oil transactions, and retain the records for 3 years.
• Stop and clean up any used oil releases.

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Transfer Facilities

Transfer Facilities Must:

Comply with the Used Oil Processor requirements found in 40 CFR 279.50-59 if used oil is stored for more than 35 days.

• Maintain used oil storage containers and aboveground tanks in good condition.
• Provide secondary containment for used oil storage containers and aboveground tanks.
• Stop and clean up any releases of used oil.
• Obtain an EPA ID number.
• Track all used oil transactions, and retain the records for 3 years.
• Manage all tank residues as specified in 40 CFR 279.10(e).

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Processors/Re-Refiners

Used Oil Processors/Re-Refiners means any chemical or physical operation designed to produce:  fuel oils, lubricants or other used oil derived products from used oil.

Processors/Re-Refiners Must:

• Obtain an EPA ID number.
• Comply with other applicable requirements, i.e. burner, generator, processor.
• Store used oil in tanks, containers, or units that comply with the regulations found in 40 CFR 264 or 265.
• Maintain all containers and aboveground tanks in good condition.
• Mark all used oil containers and aboveground tanks with the words “USED OIL."
• Provide secondary containment for all used oil containers and aboveground tanks.
• Minimize fire, explosion or release potential.
• Maintain and perform integrity testing on equipment.
• Have an alarm/communication system in place.
• Maintain aisle space that allows unobstructed movement of personnel and emergency equipment.
• Interact with local officials.
• Have a written contingency plan to deal with emergencies.
• Determine, through testing or knowledge, whether the total halogen content of used oil being transported exceeds 1,000 ppm.
• Track all used oil transactions, and retain the records for 3 years.
• Stop and clean up any used oil releases.
• Upon facility closure, comply with closure requirements for a hazardous waste transport, storage, and disposal facility.
• Submit a biennial report if used oil is held more than 35 days.

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Used Oil Fired Space Heaters

Many businesses have installed used oil fired space heaters to heat their shops.  In addition to unused products, the following fuels may be used in those units:

• Used oil that was generated by the business itself.
• Used oil collected from household do-it-yourselfers.
• Used oil that has been shown to meet the specifications set forth in 40 CFR 279.11.

Used Oil as Dust Suppression

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The Montana Department of Environmental Quality (DEQ) has adopted regulations for the management of used oil. The following regulations address the use of used oil as a dust suppressant.

• Used oil may not be used as a dust suppressant on any publicly owned road, street or alley, or within 200 yards of such roadways.
• Used oil may be used as a dust suppressant only if all the following conditions are met:
  • The used oil must be generated by a household 'do it yourselfer' or farmer/rancher.
  • The used oil may only be used as a dust suppressant on land owned or leased by the 'do it yourselfer' or farmer/rancher.
  • The land owned by the 'do it yourselfer' or farmer/rancher must be more than five contiguous acres.
  • The farmer/rancher must generate the used oil only from their own machinery and the amount of used oil generated must not exceed an annual average of 25 gallons per month.

The Department of Environmental Quality strongly encourages you to recycle your used oil and to use alternatives to used oil for dust suppression. Please refer to the Used Oil Collectors list or contact the Hazardous Waste Program for other alternatives.

If you need more information, please contact the Hazardous Waste Program by telephone at (406) 444-5300.

Overview of Used Oil Management Standards(§ are 40 CFR unless otherwise noted, for regulation specifics go to Electronic Code of Federal Regulations)* (generator requirements also apply to aggregation points and collection centers)

Used Oil Requirements	* Generator	Transporter/ Transfer Facilities	Processor & Re-Refiner	Off-Specification Burner	Marketer
Storage in Containers or Above Ground Tanks	Good Condition §279.22(b)	Good Condition §279.45(c)	Good Condition §279.54(b)	Good Condition §279.64(b)	N/A
Labels for Tanks and Containers	Yes §279.22(c)	Yes §279.45(g)	Yes §279.54(f)	Yes §279.64(f)	N/A
Secondary Containment (Oil Impervious Berm, Dike, or Retaining Wall & Floor)	No	Yes, for transfer facilities. No for transporters §279.45(d) - (f)	Yes §279.54(c) -(e)	Yes §279.64(c) - (e)	N/A
Environmental Release Cleanup	Yes §279.22(d)	Yes §279.45(h)	Yes §279.54(g)	Yes §279.64(g)	N/A
EPA Identification No. & Notification	No	Yes §279.42(a)	Yes §279.54(a)	Yes §279.62(a)	N/A
Tracking	No	Acceptance & delivery records §279.46	Acceptance & delivery records §279.56	Acceptance records §279.65	On-specification or off-specification delivery records §279.74
Analysis	No, except information or testing if needed to rebut the hazardous waste mixing presumption §§279.21 and 279.10(b)	Yes, information or testing if needed to rebut the hazardous waste mixing presumption §279.44	Create & follow analysis plan that details how the hazardous waste mixing presumption will be rebutted §279.55	Yes, information or testing if needed to rebut the hazardous waste mixing presumption §279.63	Yes, information or testing if needed to make on-specification determination. §279.72(a)
Record Keeping (for Three Years)	No	Yes, information or testing data if needed to rebut the hazardous waste mixing presumption; acceptance and delivery records §279.44(d)	Information or testing data to rebut the hazardous waste mixing presumption; acceptance and delivery records §279.56(c)	Yes, information or testing data if needed to rebut the hazardous waste mixing presumption; acceptance records §279.63(d)	If claiming on-specification, information or testing data used to make determination; if claiming off-specification, burner certification; delivery records §279.72(b)
Preparedness and Contingency Plans	No	No	Yes; Spill & Emergency Plan required §279.52	No	N/A
Biennial Reporting	No	No	Yes §279.57(b)	No	N/A
Unit Closure	No	No>	Yes §279.54(h)-(i)	No	N/A
Dust Suppression Ban	Yes §279.82	Yes §279.82	Yes §279.82	Yes §279.82	N/A
Surface Impoundment Ban	Yes §279.12	Yes §279.12	Yes §279.12	Yes §279.12	N/A

The Montana Department of Environmental Quality (DEQ) has adopted the regulations for the management of used oil found in 40 Code of Federal Regulations (CFR) Part 279 (as incorporated by reference in the Administrative Rules of Montana (ARM) 17.53.14). The following regulations address the use of used oil as a dust suppressant.

• The use of used oil as a dust suppressant is prohibited for all entities not exempted from the regulations found in 40 CFR 279.
• The use of used oil as a dust suppressant is allowed only if all the following conditions are met:
  • The used oil must be generated by a household “do-it-yourselfer” used oil generator as defined in 40 CFR 279.1 and 20(a)(1), or by a farmer that generates an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year as defined in 40 CFR 279.20(a)(4).
  • The used oil may only be used as a dust suppressant on land owned or leased by the household “do-it-yourselfer” or farmer that is greater than five contiguous acres per Section 75-10-214(1)(a) and 75-10-214(2), Montana Code Annotated (MCA) under the Montana Solid Waste Management Act (MSWMA).
  • The used oil may only be used as a dust suppressant when not applied to any publicly or State-owned highway, road, street, alley, or within 200 yards of such roadways per Section 75-10-212(2), MCA, MSWMA.

DEQ strongly encourages those entities exempt from the regulations found in 40 CFR 279 to recycle their used oil and use alternatives to used oil for dust suppression.

If you require additional information or guidance, please contact the Hazardous Waste Program by phone: (406) 444-5300, or email: DEQHazWaste@mt.gov.