FAQs for Used Oil Collection Centers
In California, used oil must be managed as a hazardous waste. The Department of Toxic Substances Control (DTSC) adopted regulations specific to used oil to maximize the collection and recycling of used oil and protect human health and the environment. Used Oil Collection Centers (UOCC) operating under these standards provide a convenient pathway for used oil generators (small businesses and households) to recycle used oil.
The purpose of this document is to explain the hazardous waste management regulations that apply to operators of Used Oil Collection Centers and small businesses and households transporting used oil to such facilities.
What is used oil?
“Used oil” is oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities.
Examples of used oil include:
- spent lubricating fluids that have been removed from an engine crankcase,
transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane,
heavy equipment, or machinery powered by an internal combustion engine; - industrial oils, including compressor, turbine, and bearing oil;
- hydraulic oil;
- metalworking oil;
- refrigeration oil;
- railroad oil drainings; and
- materials that contain free flowing used oil such as undrained used oil filters and absorbents used to clean up oil spills (Click here for more information on used oil filters)
Used oil does not include:
- waste oil that is bottom clean-out waste from virgin fuel storage tanks,
- virgin fuel oil spill cleanups,
- oily wastes that have not been used
- drained used oil filters (i.e., oil filters that do not contain free-flowing used oil)
[Reference: California Health and Safety Code, Division 20, Chapter 6.5, section 25250.1 and section
25250.4]
What is a Used Oil Collection Center?
A used oil collection center is a facility that accepts limited quantities of used oil from consumers or other used oil generators for consolidation and subsequent recycling. Examples of used oil collection centers may include:
- CalRecycle certified used oil collection centers
- Household hazardous waste collection facilities
- Service, retail, and other locations that accept used oil
[Reference: California Code of Regulations, Title 22, Division 4.5, section 66279.1]
What are the hazardous waste transportation requirements for a person to transport used oil to a Used Oil Collection Center?
Any person, including a household or business, that self-transports their used oil to a used oil collection center is generally exempted from hazardous waste transportation requirements including manifesting procedures and hazardous waste transporter registration. Work with your collection center of choice to determine the maximum amount of used oil and container size they will accept.
[Reference: California Health and Safety Code (HSC), Division 20, Chapter 6.5, Article 10.8, and HSC 25250.11(b)]
Is a hazardous waste facility permit required to operate a Used Oil Collection Center?
A used oil collection center operating under Health and Safety Code section 25250.11 is not required to obtain a permit from DTSC.
Household Hazardous Waste Collection Facilities (HHWCFs) operating under Permit-By-Rule or recycle-only HHWCFs do not require any additional permitting from DTSC.
Contact your local CUPA for information about any local permit requirements.
What hazardous waste requirements apply to Used Oil Collection Centers?
Used oil collection centers operating under Health and Safety Code section 25250.11 must comply with the generator standards applicable to used oil generators. Generators of used oil must comply with California Code of Regulations, title 22, division 4.5, chapter 12, and must clearly label tanks and containers with the words “Used Oil”.
For more information on used oil, please go to the Used Oil Generator Requirements page.
HHWCFs operating under permit-by-rule and recycle-only facilities operating under HSC 25218.8 must comply with applicable conditions in Title 22 Chapter 45 and HSC Article 10.8, respectively.
[Reference: California Code of Regulations, Title 22, Division 4.5, sections 66279.31 and 66279.21]
Does the Used Oil Collection Center need to determine its generator category (i.e., small quantity generator or large quantity generator) and if so, does the used oil collected from the public count toward its category determination?
The operator of a used oil collection center operating under HSC 25250.11, and complying with 22 CCR 66279.31 and 22 CCR 66279.21, must determine its generator category to determine which standards to follow when accumulating and storing used oil onsite. This is done by counting both the total amount of used oil it accepts from the public each month and any hazardous waste (including used oil) the used oil collection center generates through its own activities. In the May 3, 1993 Federal Register (59 FR 26423) U.S. EPA stated “EPA did not intend for do-it-yourselfers to be considered generators. Rather, the generator is to be considered the person who accepts or picks up the DIY oil for proper management.”
DTSC adopted 22 CCR 66279.31 to conform to the federal regulations (40 CFR Part 279 Subpart D) which set standards for used oil collection centers. Because DTSC cannot be less stringent than the federal regulations, and U.S. EPA determined that the generator is to be considered the person who accepts or picks up the DIY oil for proper management, used oil collection centers are considered the generator of DIY used oil and therefore must count the used oil accepted in their generator status. Therefore, if the the amount of used oil that the facility accepts from the public and the amount of hazardous waste the facility generates (including used oil) combined is 1000 kg or more per month, then the facility is considered a large quantity generator and must comply with the large quantity generator standards. For more information on generator standards, please see DTSC’s generator chart.
Is the operator of Used Oil Collection Center required to obtain a hazardous waste Identification Number?
Used oil collection centers are required to have and maintain a hazardous waste identification number pursuant to 22 CCR section 66262.18 to accept used oil from the public. A single hazardous waste identification number may be used for all hazardous waste activities occurring at the site, including used oil collection.
[Reference: California Code of Regulations, Title 22, Division 4.5, sections 66279.31 and 66279.21]
May the operator of a Used Oil Collection Center use a single tank or container to accumulate and store used oil collected from the public and used oil generated onsite during the course of their normal business?
Yes, a single tank or container may be used to accumulate and store used oil accepted from the public as well as used oil generated in the course of their business.
Please note, used oil collection centers seeking reimbursement for used oil collected from the public must be able to demonstrate, through collection logs or other means, that the used oil being submitted for reimbursement was collected from the public.
Is an operator of a Used Oil Collection Center required to ship its used oil accepted from the public to a used oil recycling facility under a hazardous waste manifest?
A used oil collection center must use a Uniform Hazardous Waste Manifest or follow the consolidated manifesting procedures to ship used oil it accepts from the public to a used oil recycling facility.
[Reference: California Health and Safety Code, Division 20, Chapter 6.5, sections 25250.24, 25160, and 25160.2]
Who is responsible for administering the requirements applicable to Used Oil Collection Centers?
The Unified Program Agencies are responsible for administering the requirements applicable to used oil collection centers. These local agencies will conduct routine inspections to verify compliance with used oil collection center requirements, as describe above and, if applicable, compliance with the hazardous waste generator program for other hazardous waste generated onsite.
Inspection report(s) issued by these agencies will clearly indicate which violations and/or observations are related to the used oil collection center and, if applicable which are related to the hazardous waste generator activities of your business. Please note that as the operator of the used oil collection center, you are responsible for correction of any violations noted from the operation of the used oil collection center.
Contact your local CUPA for more information.
[Reference: California Health and Safety Code, Division 20, Chapter 6.5, section 25404]
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