DSHW-2024-008885

Used Oil Program
2024 Training
Applicability, Prohibitions, and Definitions
Leonardo Calcagno, MSEnvironmental Scientist 3 October 2024
Table of Contents
DEQ & DWMRC01 Legislative findings02 Applicability &
definitions03 Definition of used
oil04
Mixtures of used oil
& hazardous waste05 Materials containing
or contaminated
with used oil
06 Mixtures of used oil
with products07 Materials derived
from used oil08
Wastewater09 Introduced into
crude oil or refining
facility
10 Used oil on vessels11 Used oil containing
PCBs12
Used oil
specifications13 Prohibitions &
disposal, the
minimis quantities
Burning used oil in
particular units15
Used oil filters
16Laboratory analysis14
17 Used oil inspections18 Violations, orders, &
hearings19 Questions20
Title 19-6-7 (The Act)
The Used Oil Management Act
ensures compliance with 40 CFR
279, Standards for the
Management of Used Oil.
DEQ & DWMRC
Title 19-1-105 (The Department
and the Division)
Creation of the Department of
Environmental Quality (DEQ) and
the Division of Waste Management
and Radiation Control (DWMRC) to
administer the Used Oil
Management Act (Title 19-6-7).
Legislative findings
Title 19-6-7.702
Millions of gallons are generated each
year in Utah.
It is a valuable petroleum resource. It
can be recycled instead of wastefully
disposed of or improperly used.
Used oil should be collected, treated,
and reused…
Therefore, the collection and recycling
of used oil is in the public interest.
To identify
Materials subject to regulation as used
oil under R315-15.
Materials not subject to R315-15, which
may be hazardous waste subject to
R315-261 (Identification and listing of
HW).
Applicability & definitions
Used Oil
It is presumed that used oil is to be
recycled unless a used oil handler
disposes of used oil or sends used oil for
disposal.
Applicability & definitions
The Rules
Apply to used oil and materials identified
as being subject to the Rules whether or
not these exhibit any characteristics of
hazardous waste.
DO NOT apply to used oil meeting the
specifications requirements for used oil
burned for energy recovery in R315-15-
1.2.
Applicability & definitions
Off-specification means used oil
that exceeds specified levels of
constituents and properties.
Applicability & definitions
On-specification means used oil
that does not exceed specified
levels of constituents and
properties.
PCB means any chemical
substance(s) limited to the
chlorinated biphenyl molecule.
Financial responsibility means
the mechanism used to satisfy
that obligation.
The term minimis quantities of
used oil means small spills, leaks,
or drippings… during normal
operations…
Parts per million (ppm)means a
weight-per-weight ratio used to
describe concentrations.
(e.g., milligram per liter of H2O).
that has been used and as a result of
that use
Used oil means any oil, refined from
crude oil or synthetic oil
is contaminated by physical or
chemical impurities.
Definition of used oil
NOT USED OIL
Waste oil *
Vegetable oil
Animal fat
Petroleum distillates (solvents)
Antifreeze
Kerosene
Definition of used oil
* Oil that has not been used but is found to be unsuitable for its originally
intended purpose. Including bottom clean-out waste from virgin fuel storage
tanks, virgin fuel oil spill cleanups, or other oil wastes that have not actually
been used. And products such as antifreeze, kerosene, vegetable oil, animal oil, petroleum distillates used as solvents.
Rebuttable Presumption
Used oil containing >1,000 ppm
total halogens is presumed to be a
hazardous waste.
Unless a person can demonstrate
that the used oil does not contain
hazardous waste (Analytical
method from SW-846, Edition III,
Update IV).
Mixtures of used oil & haz waste
Listed hazardous waste
Mixtures of used oil and listed
hazardous waste are subject to
regulation as hazardous waste
under R315-261 rather than as used
oil.
Rebuttable presumption and
used oil contaminated
w/Chlorofluorocarbons.
Does not apply to used oils
contaminated with CFCs removed
from refrigeration units where the
CFCs are destined for reclamation.
Does apply to used oils
contaminated with CFCs that have
been mixed with used oil from
sources other than refrigeration units.
Mixtures of used oil & haz waste
Rebuttable presumption and
metalworking oils/fluids.
Does not apply to metalworking
oils/fluids containing chlorinated
paraffins processed through a
tolling arrangement, to reclaim the
oils/fluids.
Does apply to metalworking
oils/fluids if such oils/fluids are
recycled in any other manner or
disposed of.
VSQG of hazardous waste.
Mixtures of used oil and very small
quantity generator hazardous
waste regulated under Section
R315-262-14* are subject to
regulation as used oil under R315-
15.
Mixtures of used oil & haz waste
Solely exhibits or listed because
one or more of the hazardous
waste characteristics.
Subject to hazardous waste
regulations if the resultant mixture
exhibits any characteristics.
Subject to used oil regulations if the
resultant mixture does not exhibit
any characteristics, or if hazardous
solely because ignitability (e.g.,
mineral spirits) but not under 261-21.* R315-262-14. General --Conditions For Exemption for a Very Small Quantity Generator.
Materials containing used oil
Materials containing or otherwise
contaminated w/used oil NOT
SUBJECT to used oil regulations.
If the used oil has been properly drained
or removed to the extent possible (no
visible signs of free-flowing oil remain).
If applicable, are subject to the
hazardous waste regulations.
Materials containing or otherwise
contaminated w/used oil SUBJECT to
used oil regulations.
If burned for energy recovery.
Used oil drained or removed from
materials containing or otherwise
contaminated with used oil.
Materials containing used oil
Mixtures of used oil with
products SUBJECT to used oil
regulations.
Mixtures of used oil and fuels or
other fuel products.
Prior to mixing (diesel), the used oil
fuel is subject to the requirements
of R315-15-2.
Mixtures of used oil with products
Mixtures of used oil with
products NOT SUBJECT to used
oil regulations.
Mixtures of used oil and diesel fuel
mixed on site by the generator for
use in the generator's own
vehicles, after the used oil and
diesel fuel have been mixed.
Materials derived from used oil
NOT SUBJECT to used oil or
hazardous waste regulations.
Reclaimed from used oil (used
beneficially, not burned or for
disposal) are not used oil (e.g., re-
refined lubricants) and are not solid
wastes.
Materials derived from used oil
Materials derived from used oil
SUBJECT to used oil regulations.
Produced from used oil that are
burned for energy recovery (e.g.,
used oil fuels).
Materials derived from used oil
Materials derived from used oil NOT
SUBJECT to used oil, but SUBJECT to
hazardous waste regulations.
Materials derived from used oil that are
disposed of or used in a manner
constituting disposal and are solid
wastes, if listed or identified as hazardous
waste.
Materials derived from used oil
NOT SUBJECT to used oil regulations.
Re-refining distillation bottoms that are
used as feedstock to manufacture
asphalt products.
Materials derived from used oil
Wastewater
NOT SUBJECT to used oil regulations.
If contaminated with de minimis
quantities of used oil (subject to the
Clean Water Act), including wastewaters
at facilities that have eliminated the
discharge of wastewater.
SUBJECT to used oil regulations.
If the used oil is discarded as a result of
abnormal manufacturing operations
resulting in substantial leaks, spills, or
other releases, or to used oil recovered
from wastewaters.
Wastewater
Incidentally capture in routine
process operations and inserted
into process.
Tank bottoms from stock tanks
containing exempt mixtures.
Introduced into crude oil & refining
Mixed with crude oil or natural
gas liquids for insertion into a
crude oil pipeline.
Stored or transported (if less
than 1%).
Inserted into refining process (if
less than 1% or meets on-
specification).
Prior to the mixing of used
oil with crude oil or
natural gas liquids.
Prior to insertion into the petroleum
refining facility process.
Used oil that is intentionally
introduced into a hydrocarbon
recovery system.
Introduced into crude oil & refining
Subject to R315-15
Is it SUBJECT to the Rules?
Used oil produced on vessels from normal
shipboard operations is not subject to
Rule R315-15 until it is transported ashore.
Used oil on vessels
SUBJECT to the Rules:
Marketers and burners of used oil who
market used oil containing PCBs at
concentrations ≥ 2 ppm are subject to
the requirements found in R315-15-18
and 40 CFR 761.20(e).
Used oil containing PCBs
Constituents and properties.
Arsenic 5 ppm maximum
Cadmium 2 ppm maximum
Chromium 10 ppm maximum
Lead 100 ppm maximum
Flash point 100 degrees F minimum
Total halogens 4,000 ppm maximum
Used oil specifications
SUBJECT to the used oil Rules
until:
Has been demonstrated not to
exceed any allowable levels for
certain constituents and properties
The person making that claim
complies with the Standards for
used oil fuel marketers; and
The used oil is delivered to a used
oil burner.
PCB >50 ppm
Subject to TSCA regulations in 40
CFR 761.
PCB ≥2<50 ppm
Subject to both R315-15 and 40 CFR
761.
Testing for total PCBs shall include at
least 7 specific Aroclors. Others if
known to be present.
Used oil specifications
Shall be performed by:
A laboratory that holds a current Utah
Certification for environmental
laboratories issued by the Utah
Department of Health, Laboratory
Improvement under R444-14.
Certified for the method(s) and
analyte(s) applied to generate the
environmental data.
Laboratory Analysis
Used oil MAY NOT BE placed,
discarded, or otherwise disposed of:
Surface impoundment and waste piles,
unless the units are subject to R315-264 or
R315-265.
Use as a dust suppressant, weed
suppressant, or for road oiling or similar
use.
Any disposal of used oil on the ground is
prohibited.
Prohibitions & disposal
May NOT BE disposed in:
A SW TSDF, except for the disposal
of hazardous used oil as authorized
under R315-261.
Sewers, drainage systems, septic
tanks, surface or ground waters,
watercourses, or any body of
water.
Prohibitions & disposal
Used oil may NOT BE mix or
commingle with the following
substances:
Solid waste that is to be disposed of
in any SW TSDF, except as
authorized by the Director; or
Any hazardous waste so the
resulting mixture may not be
recycled or used for other
beneficial purpose as authorized
under R315-15.
DO NOT apply to:
Release of de minimis quantities of used
oil to land or water as identified under
Utah Code Annotated 19-6-706(4)(a)
except for the requirements of 19-6-
706(4)(a)(i) and (ii).
Prohibitions & disposal
May dispose of item or substance
(minimis quantities) in disposal
facilities if:
All oil has been reasonably removed
from the item or substance; and
No free-flowing oil remains in the item or
substance.
Prohibitions & disposal
Off-specification used oil fuel
may be burned for energy
recovery in…
Industrial furnaces identified in
R315-260-10;
Boilers (Industrial and utility boilers,
and used oil-fired space heaters
compliant with R315-15-2.4)
Hazardous waste incinerators
(under applicable requirements of
R315-264 and 40 CFR 265).
Burning used oil in particular units
Burning used oil without a
permit.
Only generated by the owner or
operator
Space heater capacity of ≤0.5
million BTU/hour
Vented to the outside ambient air
Not mixed with hazardous waste
Burned to utilize its energy content
May need air quality permit.
Used oil filters
Dispose of as non-hazardous solid
waste, if:
Not mixed with HW.
Punctured (filter anti-drain back valve or
dome end) and gravity hot-drained;
Gravity hot-drained and crushed;
Dismantled and gravity hot-drained; or
Any other equivalent gravity hot-
draining method authorized by the
Director.
An authorized employee of the
Director, may:
Have access to and the right to copy
any records relating to used oil
Inspect, audit, or sample (provide
receipt and duplicate sample)
Make a record of the inspection
(photographic, electronic, audio, video,
or any other reasonable means).
Inspections
If the Director has reason to believe
a person is in violation of any
provision of the Rules:
Procedural requirements for compliance
shall follow Utah Code Annotated 19-6-
721 (Used Oil Management Act,
Violations, Proceedings, Orders) and
Utah Administrative Code R305-7
(Environmental Quality, Administrative
Procedures).
Violations, Orders, and Hearings
Questions?DWMRC Website
Leo Calcagno, MS
Environmental Scientist
[phone]
[e-mail]
Thank you