Federal Regulation 40 CFR 279

State Regulation 10 CSR 25-11

 

EXECUTIVE SUMMARY
The Missouri Department of Natural Resources (MDNR) has adopted and amended federal regulations for the management of used oil. The management standards are designed to encourage used oil generators and burners to recycle used oil, although it can be disposed of per the hazardous waste regulations. Used oil that is destined for recycling is not considered a hazardous waste in Missouri. When sending used oil to an approved collection center or to aggregation point, use a transporter with a Missouri Hazardous Waste Transporter License and an EPA ID Number. Prior to burning used oil, it must be determined whether the oil is “on-spec” or “off-spec”. Analyses of used oil that is to be burned must be retained for three years. “Off-spec” used oil burners have additional notification and tracking requirements.

DEFINITIONS 
On-Specification (“On-Spec”) Used Oil:  Used oil is considered to be “on-spec” if it (1) has been refined from crude or synthetic oil and used as a lubricant, (2) has halogens ≤ 4,000 ppm, (3) has not been mixed with hazardous waste, and (4) exhibits arsenic at < 5 ppm, cadmium at < 2 ppm, chromium at 10 ppm, lead at < 100 ppm, and flash point at > 100 degrees F.  

Off-Specification (“Off-Spec”) Used Oil:  Used oil is considered to be “off-spec” if it (1) has been refined from crude or synthetic oil and used as a lubricant, (2) has halogens > 4,000 ppm, (3) has not been mixed with hazardous waste, and (4) exhibits arsenic at < 5 ppm, cadmium at < 2 ppm, chromium at 10 ppm, lead at < 100 ppm, and flash point at > 100 degrees F. Off-spec used oil cannot be recycled and therefore, must be managed as a hazardous waste. 

Spend Oil Filters (Used Oil Filters):  Oil filters that have been drained may be sent to a sanitary landfill for disposal. Filters should be hot-drained for at least twelve (12) hours. Hot-drained means that the oil filter is drained near engine operating temperatures. An effective method for properly draining the filter is to puncture the antidrain back valve or the filter dome. Crushing, dismantling, or other methods to facilitate hot-draining can also be used. The MDNR does not require oil generators to distinguish between terne-plated and non-terne-plated oil filters. The DNR encourage generators to separate and recycle the elements of the oil filter, such as the canister, gasket, and filter paper. The used oil removed from oil filters must be properly collected and managed. 

Used Oil:  Petroleum-derived and synthetic oils which have been spilled into the environment or used for (1) Lubrication/cutting oil; (2) Heat transfer; (3) Hydraulic power; or (4) Insulation in dielectric transformers. The definition of used oil excludes used petroleum-derived or synthetic oils which have been used as solvents. (Note: used ethylene glycol is not regulated as used oil.)

Used Oil-contaminated Materials:  Materials from which the used oil has been properly drained or removed to the extent possible so that there are no visible signs of free-flowing oil in or on the material. Such materials are not regulated as used oil. Instead, if they are non-hazardous, they are managed as a solid waste and can be disposed of in a sanitary landfill. Examples include absorbents, kitty litter/floor dry, booms, and pigs. 

Used Oil Generators:  A generator is any business that produces used oil through commercial or industrial operations, or that collects it from these operations or from private households and exempted farmers. Householders who change their own oil (do-it-yourselfers) are not covered by the used oil regulation. Farmers who generate an average of 25 gallons or less of used oil per month from farm vehicles or machinery in a calendar year are also exempt. Generators are no longer required to register with the department prior to shipping used oil.

Used Oil Burners:  A licensed facility where “off-spec” used oil is burned for energy recovery in an industrial furnace, boiler or hazardous waste incinerator. (Note: a facility is not considered a used oil burner if (1) it only burns “on-spec” used oil, or (2) generates and burns used oil in an on-site space heater that has a maximum capacity of 0.5 million BTUs and the gases from the heater are vented to the open air.) 

MANAGEMENT STANDARDS FOR USED OIL GENERATORS 
Used oil generators must comply with the following standards: 

  • Keep storage tanks and containers in good condition and labeled “used oil”;
  • Keep tanks and containers that are exposed to rainfall closed except when adding or removing used oil;
  • Clean up any used-oil spills or leaks to the environment; and
  • When sending used oil to an approved collection center or to aggregation point, use a transporter with a Missouri Hazardous Waste Transporter License and a U.S. Environmental Protection Agency (EPA) generator identification number.

 

MANAGEMENT STANDARDS FOR USED OIL BURNERS 
Analysis of used oil fuel

Prior to burning used oil, the used oil generator or burner must first perform analyses or obtain copies of analyses or other information documenting that the used oil fuel is either “on-spec” or “off-spec”. Keep copies of analyses of the used oil that is to be burned (or other information used to make the determination) for three years. 

“On-spec” used oil burners do not have any additional notification or tracking requirements; however, burners of off-specification used oil must:

  • Obtain a generator identification number from EPA and notify them of the used oil activities;
  • Keep storage tanks and containers in good condition and labeled “used oil”;
  • Keep tanks and containers that are exposed to rainfall closed at all times, except when adding or removing used oil;
  • Clean up used oil spills or leaks to the environment;
  • Store used oil in areas with oil-impervious floors;
  • Provide secondary containment of equal to or greater than 10 percent of the containerized volume or the volume of the largest container, whichever is greater;
  • Track incoming and outgoing used oil shipments;
  • Determine the total halogen content of used oil managed at the facility;
  • Keep a copy of the Transporter’s Used Oil Shipment Record;
  • Provide to the generator, transporter, or processor or refiner a one-time written certification that the EPA has been notified of the burner’s used oil activities, and that the used oil will be burned in an industrial furnace or boiler; and
  • Properly manage residues from storage or burning of used oil.

Space Heaters
Generators may burn their own used oil, as well as used oil received from household do-it-yourselfers and exempt farmers, in used oil-fired space heaters which have a design capacity of not more than 0.5 million BTU per hour and are vented to the ambient air. The MDNR is no longer requiring resource recovery certification for this activity.

DISPOSAL
Used oil destined for recycling is no longer considered a state hazardous waste. Manifests are no longer required for shipments of used oil that is to be recycled. Used oil that is to be disposed of rather than recycled must be managed according to existing hazardous waste management requirements. This includes on-site storage, manifesting, transportation, and disposal. In cases where used oil is not intended for recycling or it cannot be recycled because it is contaminated, it is assigned the Missouri waste code number D098. Shipments of D098 waste must be accompanied by a uniform hazardous waste manifest and must be counted towards your generator status.

Self –Transportation
Generators are allowed to self-transport up to 55 gallons of used oil to approved collection centers or to aggregation points owned by the same generator, so long as they use their own vehicle or an employee’s vehicle to self-transport the used oil. (Note: hauling > 55 gallons of used oil requires a Used Oil Transporters License. Under the Permit section of the ECAM, see the Used Oil Transporters Permit for more information.) 

Mixtures
Generators should not mix used oil with hazardous waste. Mixtures of used oil and hazardous waste are hazardous waste. The only allowed mixing is mixtures of used oil with characteristic ignitable hazardous waste and listed hazardous waste which is listed solely because it is ignitable. The resultant mixture must not exhibit the characteristic of ignitability. Conditionally exempt small quantity generators (CESQG) of hazardous waste are allowed to mix their ignitable hazardous waste with used oil and manage the mixture as used oil.

Low Concentration PCB Used Oil 
Low concentration polychlorinated biphenyl (PCB) used oil is any used oil that contains equal to or greater 2 ppm PCBs, but less than 50 ppm PCBs. Low concentration PCB used oil that is destined for disposal (i.e., is not recycled) retains the Missouri waste code number D096. Shipments of D096 waste must be accompanied by a uniform hazardous waste manifest and must be counted towards your generator status. It is highly recommended that low concentration PCB used oil be recycled when possible. 

USED OIL SPILL 
See the MDNR’s Used Oil Cleanup Checklist for collection, disposal, and reporting requirements in the event of a used oil spill. Also, refer to the SPCC section of the ECAM for more information. 

 

Rob LeForce, AECI, revised August 18, 2014