Used oil management

Generators need to analyze their used oil or provide reasonable proof that their oil is not mixed with dangerous waste by documenting source knowledge and best management practices to determine total halogen content. If it has more than 1,000 parts per million (ppm), we will assume it’s mixed with dangerous waste and therefore no longer qualifies as used oil. Oil with halogen content over 1,000 ppm is considered off-spec used oil unless you can prove otherwise based on rebuttable presumption.

Learn more about how to test used oil in the Basics of Managing Used Oil (publication 25-04-004)

Generators can accept used oil from:

• Do-it-yourself (DIY) generators.
• Off-site sources, provided they have test results to prove the used oil is on-specification (before you accept the used oil).

You MAY NOT collect used oil from:

• Other commercial generators.
• Off-site sources with off-specification used oil.

We also recommend that if you accept used oil from others that you keep their used oil separate from your own, and always track it with receipts that describe the source of the used oil, amount, whether an off-spec or on-spec determination has been made, and if it contains chlorinated compounds.

We presume generators want to recycle their used oil since there are less regulations you are subject to if you do. To ensure your used oil can be recycled, follow these guidelines:

• Store used oil in appropriate tanks or containers marked or labeled “Used Oil” or “Used Oil Only” inside or under cover, away from floor or storm drains. We also recommend secondary containment.
• Store fuels drained from filters in separate containers. Small amounts of chlorinated solvents or aerosol products (e.g., brake or carburetor cleaner) can turn a whole container of used oil into dangerous waste.
• Keep your used oil separate from others. If you accept used oil from DIY generators, for example, keep their used oil separate from your own.Never mix or blend used oil with other liquids or solids.
• Never mix or blend used oil with other liquids or solids. 
• Keep containers closed at all times, except when adding or removing used oil

To avoid leaks or spills, be sure to:

• Physically inspect containers regularly.
• Handle containers safely so they do not leak or rupture.

Spill response

Be prepared to respond to spills to the environment. If used oil is released to the environment, then:

• Stop and contain the released used oil (prevent it from entering drains or water).
• Clean up and manage the released used oil and other contaminated materials accordingly. These materials are no longer used oil and may designate as dangerous waste.
• Repair or replace any leaking containers or tanks before returning to service.
• Report the spill to Ecology. There’s no penalty for reporting a spill unnecessarily, but there may be significant penalties for not reporting one.

Learn more about Reporting Dangerous Waste Spills (publication 20-04-036).

Generators may take their used oil to any of the following locations in batches no more than 55 gallons at a time, unless it's to a used oil collection center, then this amount may be exceeded:

• Used oil collection centers (generators may self-transport more than 55-gallons. See WAC 173-303-515(6)(c)).
• A used oil processor or re-refiner.
• Off-specification used oil burners.
• Facilities with a boiler, industrial furnace, or space heater that accept on-specification used oil. 
• Another site you own that may have a space heater (provided that site complies with the aggregation point requirements).

If you transport used oil:

• More than 55 gallons at a time, take it to a registered collection center. Ensure the collection center maintains shipment records.
• Anywhere other than a collection center or aggregation point (e.g., to an oil re-refiner), you are considered a transporter and must comply with the used oil transporter requirements.
• Off-site to someone who burns it, you are considered a marketer and must comply with fuel marketer requirements. This includes analyzing the used oil to document its specification as on- or off-spec used oil.

Hiring a transporter

If you decide to hire someone else to transport your oil off-site, then you must use a transporter that has an EPA/State ID number. Find a list of local transporters on our hazardous waste service provider webpage.

Use a reputable oil recycler

Generators are responsible for proper handling and disposal of their used oil, so it is important that you hire a reputable recycler who can provide the following information:

• How and where your used oil will be recycled.
• Chlorination content and rebuttable presumption screen.
• On-spec or off-spec determination if it will be burned.
• Tracking information to include quantity and location of handling

Disposing of used oil

If you choose not to recycle (burn or send for recovery) your used oil, then be aware that it can no longer be consider used oil. Disposed used oil is considered a solid waste and is subject to both the Solid Waste Regulations (Chapter 36.58 RCW) and a dangerous waste determination:

• Never dispose of used oil on the ground, in the garbage, or down a drain.
• Never dispose of containers holding free liquids to a landfill. This is prohibited under the Solid Waste Regulations.
• Abandoning containers holding used oil is considered disposal. You are still responsible.

Generators may burn used oil in a space heater at your location if you comply with the used oil management regulations (WAC 173-303-515(6) by reference to 40 CFR Part 279.23).

The used oil must be:

• Generated by the owner or operator,
  OR
• From DIY generators,
  OR
• From off-site sources, provided it's on-spec used oil, copies of this analysis are kept (i.e., test results that prove the oil is on-spec), and notification as a used oil marketer is made by the burner or the first person to make that determination.

Ensure that your space heater:

• Is vented to the outside.
• Has a maximum capacity of 0.5 million BTUs (British Thermal Unit) per hour.

You MAY NOT burn used oil that contains PCBs. Used oil with 2 ppm or more PCBs must be incinerated under the Federal Toxics Substance Control Act (TSCA).

All generators must document how they know that their used oil has not been mixed with dangerous waste by completing the rebuttable presumption. Record process knowledge or document an analysis of your used oil to prove that it does not contain greater than 1,000 ppm total halogens. If it does, then it is presumed to be a dangerous waste.

If you accept used oil from off-site that will be burned for energy recovery you must maintain Test results used to determine on-spec, off-spec, or dangerous waste status of your used oil.

Generators are not required to keep records of used oil, but we recommend that you keep a log of:

• Used oil you collect and accept (e.g., from DIY generators).
• Inspections and repairs conducted on used oil storage containers, tanks, secondary containment areas, and space heaters.

Transporters must check the total halogen content of used oil. If it has more than 1,000 parts per million (ppm), we will assume that it’s mixed with dangerous waste and therefore no longer used oil. Oil with halogen content over 1,000 ppm is considered off-spec used oil unless you can prove otherwise based on rebuttable presumption.

Learn more about how to test used oil in the Basics of Managing Used Oil (publication 25-04-004).

Transporters may not process used oil beyond incidental processing that happens during the normal course of transportation (such as settling). Transporters must also use secondary containment.

Spill preparedness

Be prepared to respond to spills to the environment. If used oil is released to the environment, then:

• Stop and contain the released used oil.
• Clean up and manage the released used oil and other contaminated materials accordingly. These materials may now be dangerous waste.
• Repair or replace any leaking containers or tanks before returning to service.
• Report the spill to Ecology. There’s no penalty for reporting a spill unnecessarily, but there may be significant penalties for not reporting one.

Learn more about Reporting Dangerous Waste Spills (publication 20-04-036).

Transporters must follow Department of Transportation (USDOT) Hazardous Materials Regulations (Title 49 CFR parts 171-180). Before transporting used oil, ensure you completely clean the vehicle of residues if the vehicle transported dangerous waste previously.

Transporters can deliver used oil to:

• Transporters.
• Processors.
• Re-refiners.
• Off-spec used oil burners.

Transporters must keep the following records on-site for at least three years:

• Logs of each client you accept used oil from or deliver used oil to. Include 1) name, 2) address, 3) EPA/State ID Number (if applicable), 4) quantity, 5) date, and 6) client’s signature on those records.
• Waste reports.
• Analytical (test) results conducted on the used oil.
• Logs of inspections and maintenance repairs conducted on used oil storage containers, tanks, secondary containment areas, etc.
• Any other related information.

Transporters must do the following:

• Notify us of waste activities.
• Obtain an EPA/State ID number.

Transfer facilities must check the total halogen content of used oil. If it has more than 1,000 parts per million (ppm), we will assume that it’s mixed with dangerous waste and therefore no longer used oil. Oil with halogen content over 1,000 ppm is considered off-spec used oil unless you can prove otherwise based on rebuttable presumption.

Learn more about how to test used oil in the Basics of Managing Used Oil (publication 25-04-004).

Secondary containment must be provided for tanks and is highly recommended for containers.

All containers and tanks must be:

• Clearly identified as holding used oil.
• Maintained and kept in good condition, including all transfer hoses and equipment to avoid spills.
• Kept closed except when adding or removing used oil.

Spill preparedness

Be prepared to respond to spills to the environment. If used oil is released to the environment, then:

• Stop and contain the released used oil.
• Clean up and manage the released used oil and other contaminated materials accordingly. These materials may now be dangerous waste.
• Repair or replace any leaking containers or tanks before returning to service.
• Report the spill to Ecology. There’s no penalty for reporting a spill unnecessarily, but there may be significant penalties for not reporting one.

Learn more about Reporting Dangerous Waste Spills (publication 20-04-036).

Transfer facilities must follow Department of Transportation (USDOT) Hazardous Materials Regulations (Title 49 CFR parts 171-180). Before transporting used oil, ensure you completely clean the vehicle of residues if the vehicle transported dangerous waste previously.

Transfer facilities can deliver used oil to:

• Transporters, processor, re-refiners.
• Off-spec used oil burners.

Transfer facilities must keep the following records on-site for at least three years:

• Logs of each client you accept used oil from or deliver used oil to. Include 1) name, 2) address, 3) EPA/State ID Number (if applicable), 4) quantity, 5) date, and 6) client’s signature on those records.
• Waste reports.
• Analytical (test) results conducted on the used oil.
• Logs of inspections and maintenance repairs conducted on used oil storage containers, tanks, secondary containment areas, etc.
• Any other related information.

Transfer facilities must do the following:

• Notify us of waste activities.
• Obtain an EPA/State ID number.

Processors and re-refiners must have a dangerous waste permit ONLY if you store used oil longer than 90 days. Otherwise, none is required.

Processors and re-refiners must meet financial assurance requirements, which includes the following:

• A detailed written estimate of the cost to close the facility.
• Closure coverage (financial assurance to be able to close the facility).
• Liability coverage (financial assurance for bodily injury and property damage to third parties).

Processors and re-refiners must check the total halogen content of used oil. If it has more than 1,000 parts per million (ppm), we will assume that it’s mixed with dangerous waste and therefore no longer used oil. Oil with halogen content over 1,000 ppm is considered off-spec oil unless you can prove otherwise based on rebuttable presumption.

Learn more about how to test used oil in the Basics of Managing Used Oil (publication 25-04-004).

Processors and re-refiners must develop a written waste analysis plan (WAC 173-303-300) according to the Dangerous Waste Regulations.

Processors and re-refiners must do the following to ensure used oil is stored safely:

• Maintain 30 inches of space between aisles to respond to incidents.
• Use secondary containment that’s impervious to used oil.
• Maintain and operate the facility to avoid the possibility of a fire, explosion, or spill.

Plan for emergencies

• Develop a written contingency plan.
• Designate an emergency coordinator who has the authority to carry out the contingency plan and knows what to do in case of an incident.
• Equip your facility with access to internal communications, alarm systems, fire control, spill control, and decontamination equipment. Test and maintain this equipment to assure its proper operation.
• Make arrangements with local authorities (e.g., fire departments or emergency response teams) in case you need their services.

Processors and re-refiners can deliver used oil to:

• Transporters.
• Processor.
• Re-refiners.
• Off-spec used oil burners with an EPA/State ID.

Processors and re-refiners must keep these records on-site for at least three years.

• Logs about each shipment of used oil. Include 1) Names of all transporters and generators, 2) Addresses of all transporters and generators, 3) EPA/State ID Numbers (if applicable), 4) Quantity, 5) Dates of acceptance.
• Inspections.
• Repairs.
• Waste reports.
• Analytical results.
• Agreements with local authorities.
• Written contingency plan.
• Any other plan or operating records.

Processors and re-refiners must do the following:

• Notify us of waste activities.
• Obtain an EPA/State ID number.

Facilities that shut down or close must meet facility closure standards: 

• Submit a written closure plan to Ecology for approval.
• Keep the plan current once it’s approved.
• Meet closure performance standards.

If you don’t obtain a treatment, storage, and disposal (TSD) permit, your used oil must be in an active recycling process within 90 days.

Used oil with a total halogen content above 1,000 parts per million (ppm) is assumed to be mixed with dangerous waste and therefore no longer used oil. Oil with halogen content over 1,000 ppm is considered off-spec used oil unless you can prove otherwise based on rebuttable presumption.

Learn more about how to test used oil in the Basics of Managing Used Oil (publication 25-04-004).

Fuel marketers must direct off-spec used oil shipments to a facility:

• With an EPA/State ID Number.
• That will burn used oil in an industrial furnace or boiler.

Before directing an off-spec used oil shipment to a burner:

• Obtain written and signed certification from the burner that the off-spec used oil will be burned in an industrial furnace or boiler. 
• Provide each source (e.g., generator, transporter, processer) with a written and signed certification that the oil will be burned in an industrial furnace or boiler.

Keep the following records on-site for at least three years:

• Logs of each off- and on-spec used oil shipment. Include 1) Name and address of the transporter that delivered the oil, 2) Name and address of the off-spec used oil burner, 3) All related EPA/State ID Numbers, 4) Quantity of used oil accepted or delivered, 4) Date the used oil was accepted or delivered, 5) A reference to the test results that show the used oil is on-spec.
• Test results and other information that show used oil is on-spec.

Fuel marketers must submit a Dangerous Waste Rreport.

On-specification (on-spec) and off-specification (off-spec) used oil are terms that denote whether your used oil qualifies as “used oil” and can therefore be managed as such. Businesses may need to test their used oil to make this determination.

On-spec used oil meets the allowable levels of constituents in this table, while off-spec used oil exceeds these levels.

Learn more:

• Basics of Managing Used Oil in Washington State.
• eCFR :: 40 CFR 279.10 -- Applicability.

We presume that used oil that contains more than 1,000 ppm total halogens is a dangerous waste under the rebuttable presumption for used oil (40 CFR Subpart B of Part 279). However, you may rebut this presumption if your used oil has more than 1,000 ppm but less than 4,000 ppm of halogens by demonstrating no such mixing occurred. If burned for energy recovery, such used oil is also subject to the federal hazardous waste regulations (40 CFR Subpart H of Part 266).

The following businesses must notify us of dangerous waste activities:

• Medium and large quantity generators (MQGs and LQGs).
• Used oil marketers.
• Used oil transporters.
• Used oil processors.
• Used oil re-refiners.
• Off-specification used oil burners.

If you are solely a used oil generator, and not a dangerous waste generator, you DO NOT need to notify us of waste activities.

Used oil may not be managed as used oil if it’s:

• Mixed with solid or dangerous wastes. It must be managed as solid waste, and possibly dangerous waste. This includes spent solvents, gasoline, brake cleaner, or carburetor cleaner.
• Above 1,000 ppm halogen concentration. If the total halogen concentration in a container or tank of used oil exceeds 1,000 ppm, we will presume the used oil is mixed with dangerous waste and is therefore all dangerous waste. However, you may rebut this presumption if your used oil has more than 1,000 ppm but less than 4,000 ppm of halogens by demonstrating no such mixing occurred.