February 2025

The Department of Toxic Substances Control (DTSC) provides an overview of general requirements for generators managing used oil in California. For a complete legal description of requirements specific to “used oil”, consult California Health and Safety Code (HSC), chapter 6.5, division 20, article 13, commencing with section 25250, et seq., and California Code of Regulations, title 22 (22 CCR), division 4.5, chapter 29 (used oil) commencing with section 66279.1.

Definition of Used Oil in California

Legal Definition of Used Oil

The legal definition of “used oil” is found in the HSC section 25250.1. Used oil is defined as “any 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”.

Used oil includes, but is not limited to, the following:

Used motor oils:

• Vehicle crankcase oils
• Engine lubricating oils
• Transmission fluids
• Gearbox and differential oils
• Gear oils

Used industrial oils:

• Hydraulic oils
• Compressor oils
• Turbine oils
• Bearing oils
• Vegetable oils used for lubrication

Other oils:

• Transformer oils
• Refrigeration oils
• Metalworking oils
• Railroad oils

Waste synthetic oils that may be managed as used oil include:

• Oil derived from coal, oil shale, or polymers
• Water-soluble petroleum-based oils
• Vegetable or animal oil used as a lubricant
• Hydraulic fluid
• Heat transfer fluid

Used oil does NOT include:

• Antifreeze
• Brake fluid
• Other automotive wastes such as used oil filters and fuel filters
• Fuels
• Solvents, etc.

Substances which are not regulated as “used oil”, but may be otherwise regulated under a different section of hazardous waste law, include:

• Oils with a flashpoint below 100°F
• Oils mixed with hazardous waste
• Wastewater containing small amounts of used Oil
• Oily wastes that are not used oil
• Oily wastewaters that are not used oil
• Tank bottoms
• Used oil processing bottoms
• Used oil re-refining distillation bottoms
• Cooking oils (edible) *
• Grease
• Oils containing 5 parts per million (ppm) polychlorinated biphenyls (PCBs) or greater
• Oils containing more than 1,000 ppm total halogens **

* Inedible cooking grease is not managed as hazardous waste but rather under the California Department of Agriculture’s program.

** See rebuttable presumption guidance and HSC section 25250.1, subdivision (a)(1)(C)(v) and 22 CCR section 66279.10.

Used Oil Management

HSC section 25250.4 requires that used oil be managed as a hazardous waste in California unless it has been recycled and is shown to meet the specifications for recycled oil in HSC section 25250.1(b)(1) or qualifies for a recycling exclusion under HSC section 25143.2.

AB-2928, Amendment to Health and Safety Code section 25250.19

The HSC section 25250.19 was amended on September 17, 2018 and became effective on January 1, 2019. The section references section 25250.1(b) and makes the following changes:

A generator claiming that used oil is exempted from regulation pursuant to HSC section 25250.1(b)(1) criteria shall ensure that all used oil, for which the exemption is claimed, has been tested and certified as being in compliance with the standards specified, prior to transportation from the generator location.

New definitions were added including, but not limited to, “generator of highly controlled used oil”. Used oil from a generator of highly controlled used oil is required to be tested only once per year for the purpose of determining whether the used oil meets the condition in HSC section 25250.1(b)(1).

Notification must be provided to DTSC prior to managing your used oil in this fashion, per HSC section 25250.19(b)(3)(B)(v). If you have additional questions regarding AB-2928 you can email:  ab2928info@dtsc.ca.gov.

Used Oil Generator Requirements

Residential Households Generating Used Oil

Residents who change their own oil must manage their used oil appropriately (e.g., by taking it to a Used Oil Collection Center, an auto parts store that accepts used oil, or a household hazardous waste (HHW) collection facility in their county). Used oil must never be disposed to land, water, storm drains, etc. The law allows for residents to transport their own used oil to any of the above-mentioned locations without the need for an ID Number or a uniform hazardous waste manifest (used for tracking purposes). Some cities and counties provide a curbside or door-to-door used oil pickup program for residents (HSC section 25218). Check with your local solid waste or environmental health agency to see if a recycling program is offered in your area.

Businesses Generating Used Oil

Businesses generating used oil and Used Oil Collection Centers are required to meet all hazardous waste generator requirements, found in 22 CCR chapters 12 and 29, sections 66279.20 and 66279.21 which then refers to section 66262.10 (Hazardous Waste Generator Requirements).  Additional requirements are found in HSC sections 25250.4 and 25250.11. DTSC prepared frequently asked questions (FAQs) to address Used Oil Collection Center questions.

DTSC’s website provides a Generator Requirements webpage that highlights explanations of many requirements. Below are some basic requirements applicable to most used oil generators.

Identification (ID) Numbers (U.S. EPA or California)

Each business that generates used oil needs to have an Identification Number, either California or U.S. EPA. These numbers are issued by DTSC, for each site where used oil is generated, accumulated, or stored. See the DTSC’s guidance on “EPA Identification Numbers” for details of which ID number best applies to your business or visit our interactive webpage on Hazardous Waste ID numbers. Both types of ID numbers can be obtained through DTSC’s ID number webpage.

Accumulation Time and Storage Requirements

The accumulation time allowed for generators of used oil is the same as other types of hazardous waste, based on the amount of generation per calendar month. DTSC’s Hazardous Waste Generator Requirements provides highlights on many aspects of accumulation.  DTSC’s generator’s webpage will assist in determining generator status and includes a section on how to count waste. 

Containers

Containers, by definition, are portable. A “portable” tank that can be moved while it contains waste is regulated as a container. The definition of container is provided in 22 CCR section 66262.10 and states:

“Container” means any device that is open or closed, and portable in which a material can be stored, handled, treated, transported, recycled or disposed of.

The references to container management requirements are found in 22 CCR section 66262.16(b)(2) for SQGs and 22 CCR section 66262.17(a)(1) for LQGs which refers to Article 9 Use and Management of Containers commencing with section 66265.170.

22 CCR, chapter 15, article 9 states that containers (including portable tanks) that are used for the accumulation of hazardous waste must be kept in good condition and have adequate structural support to contain the waste. There must be no severe rusting, no apparent structural defects or deterioration, and no leaking. All containers must have tight-fitting lids that are kept closed except when waste is being added or removed. If a funnel is used in the bung hole of a container, it must either be removed when the container is not being added to (and the container closed) or be equipped with a valve or cover of some sort to prevent leakage if the drum should be turned over. Regular inspection and routine maintenance of all containers is required. Faulty containers must be repaired or replaced.

Tank Management for Generators

If tanks are used for accumulation, the references to tank management requirements are found in 22 CCR section 66262.16(b)(3) for SGQs and 22 CCR section 66262.17(a)(2) for LQGs which refers to Article 10 Tank Systems commencing with section 66265.190.

22 CCR, chapter 15, article 10 states that tanks that are used for the accumulation of hazardous waste must be kept in good condition. Tanks must be made of non-earthen, non-absorbing, rust-resistant material such as steel or oil-resistant plastic and have adequate structural support to contain the waste. There must be no severe rusting, no apparent structural defects or deterioration, and no leaking. Regular inspection and routine maintenance of all storage tanks is required. Faulty tanks must be repaired or replaced.

Secondary containment is a backup system designed to contain a release and prevent the migration of wastes or accumulated liquids from a storage tank or a storage tank system. Examples of secondary containment systems include an impervious bermed area or liner, a vault, or a double-walled tank. If secondary containment and tank certifications are required under Article 10 then see 22 CCR section 66265.193 and 22 CCR section 66265.191 and 66265.192, respectively, for further details. 

Tanks may also be subject to the Aboveground Petroleum Storage Act (APSA), administered by the local Certified Unified Program Agency (CUPA) inspection agency. To find and contact your local CUPA you can go to the CUPA Directory webpage.

Labeling Requirements During On-Site Accumulation for Containers and Tanks

Generators must comply with the container and tank labeling requirements in 22 CCR section 66262.16(b)(4) for SQGs and 22 CCR section 66262.17(a)(5) for LQGs and 66279.21 which includes the words “USED OIL,” “HAZARDOUS WASTE,” the initial accumulation start date, the name and address of the generator producing the waste, and the composition and physical state of the wastes. The labeling must be clearly marked for inspection.

Used Oil Filters and Fuel Filter Management

Fully drained filters of used oil in metal housings, may be sent for recycling using less stringent management standards. The specific law and regulations for used oil filters are in HSC section 25250.1(a), and 22 CCR section 66266.130. To fully drain the filters, follow the DTSC Advisory: Draining of Used Oil Filters (March 2017). DTSC also provides a webpage for highlights of used oil filter management for generators.

Fuel filters, in metal housings, may also be managed along with the drained used oil filters following HSC section 25250.22 and the fuel filter webpage.

Used oil and fuel filters with no metal housing (also known as filter media cartridges or inserts), are not considered recyclable and cannot be managed in the same way as those with metal housings. Unless a generator demonstrates that the used filter media cartridges or inserts do not exhibit a hazardous waste characteristic, these must be collected and managed as hazardous waste, transported by a registered hazardous waste transporter with hazardous waste manifests, and sent to an authorized hazardous waste facility.

Pre-Transport and Labeling in Preparation for Transport

Generator pre-transport requirements must follow 22 CCR sections 66262.30, 66262.31 and 66262.32, which require following applicable Department of Transportation (DOT) regulations in 49 Code of Federal Regulations (49 CFR) Parts 172 – 173 and Parts 178 –179. For containers of 119 gallons or less, the following words and information must be displayed:

Self-Transport by the Generator

Any generator of used oil is allowed to self-transport in a vehicle under the control of the generator, up to 55 gallons of used oil in containers of not greater than 55-gallon capacity to a Used Oil Collection Center operating pursuant to HSC section 25250.11. No hazardous waste manifest is required and the generator does not need to be a Registered Hazardous Waste Transporter. The statute gives the upper limit of the amount of used oil that may be accepted by a used oil collection facility. Since handling 55-gallon drums requires special equipment, many used oil collection facilities will not accept more than 20 gallons. Therefore, the generator must first call the collection facility and ensure the facility can accept more than 20 gallons of used oil.

Used oil certified collection centers are found on CalRecycle’s website. Additional locations for used oil may be found under the small business program (usually called Conditionally Exempt Small Quantity Generators (CESQG)) at your local County HHW. Businesses must apply for these programs, and you are directed to contact your local HHW for more details.

Hire a Registered Hazardous Waste Transporter

If a generator hires someone else to transport their used oil, California law requires that the used oil be transported by a Registered Hazardous Waste Transporter, using either a consolidated manifest or a uniform hazardous waste manifest. For used oil to be managed under the less restrictive regulations, the used oil must be transported to an authorized recycling facility. DTSC provides a Registered Hazardous Waste Transporter Database that can be used by the public to locate hazardous waste transporters.

Pre-Transport Sampling

An amendment to HSC sections 25250.29 – 25250.30 (SB 546, Lowenthal, 2009) and Public Resources Code (PRC) sections 48600– 48691 established requirements for used oil testing prior to transporting used oil. This amendment requires that before a load of used oil is shipped to a transfer facility, recycling facility or to an out-of-state facility, the used oil must be tested to demonstrate that it meets specific criteria highlighted in the SB 546 webpage.

Hazardous Waste Manifests

Consolidated Manifesting Option

Most businesses that generate used oil contract with a Registered Hazardous Waste Transporter that is approved to transport used oil under the consolidated manifesting procedures. At the time of pick up from the generator they will leave a legible copy of a receipt or bill of lading for each quantity of used oil being transported. The generator must maintain these receipts for 3 years. A fact sheet is provided for generator information regarding consolidated manifesting. Transporters approved for consolidated manifesting are also required to complete Transporter Quarterly Reporting (TQR) with DTSC, per HSC section 25160.2(d).

Uniform Hazardous Waste Manifests (paper and e-manifests)

Some used oil generators ship their used oil using a uniform hazardous waste manifest. When you transfer the used oil to the transporter for shipping, you must complete the manifest (either paper or the e-manifest). The uniform hazardous waste manifest is a federal document (form 8700-22). U.S. EPA has developed a document containing uniform hazardous waste manifest instructions.

If the manifest begins with a generator signature on a paper manifest at the time of shipment, you and the transporter sign off on the manifest and keep one copy (the “generator copy”). As the generator, within 30 days of shipment, you must make a photocopy of the manifest with the generator and first transporter signatures and mail it to DTSC at:

DTSC Generator Manifests
P.O. Box 400
Sacramento, CA 95812-0400

The remaining manifests go with the transporter, who either delivers the waste to a destination facility or transfers it to another transporter. Each transporter keeps a copy of the manifest. When the used oil is delivered to the final destination facility, the destination facility signs off on the manifest and electronically uploads the manifest to the U.S. EPA e-manifest system.

If the generator is using the e-manifest system and signs the manifest electronically, then the manifest is considered fully electronic and you do not need to submit a photocopy of the manifest to DTSC. In order to sign up for fully electronic manifesting you must first sign up on the “myRCRAid” electronic system. To obtain information on the e-manifest system, you can go to U.S. EPA’s main e-manifest webpage or the e-manifest FAQs.

Additional information about manifests can be found at the DTSC manifest information webpage. Transporter information can be found on the DTSC Transporter webpage. Eventually, the manifest system will become an all-electronic system. DTSC encourages generators, transporters and facilities to visit the manifest webpage for updates.

Destination Facilities and Manifests

In order to be managed under the less restrictive used oil statutes and regulations, California law requires that the used oil be transported to an authorized (e.g. permitted) recycling facility.  Used oil can be transported to a Used Oil Recycling Facility operating under HSC section 25250.1(a)(4) who certifies used oil as recycled oil in accordance with HSC section 25250.19. A recycling facility may be located outside of California as long as the facility is authorized under the statues and regulations of the state in which the facility is located.

Used oil may also be transported to Oil Transfer facilities, as defined in HSC section 25123.3(a) which also meet the qualifications to be a storage facility.

Here is a list of California permitted facilities that provide oil recycling, as well as other waste types.

Manifests

When the used oil is delivered to the destination facility, the facility signs the uniform hazardous waste manifest and submits a copy of the manifest to U.S. EPA within 30 days of the date of delivery, using one of the following options.

1. Electronic manifest and electronic submission or
2. Paper manifest and electronic submission.

For more information about Facility manifest submittal go to the DTSC manifest webpage. As of June 30, 2021, U.S. EPA no longer accepts paper manifests.

Useful Contact Information

DTSC Regulatory Assistance Officers

If you cannot find the answer to your question in this fact sheet or the DTSC website, contact the DTSC Regulatory Assistance Officers at 1 (800) 728-6942 or email at RAO@dtsc.ca.gov. There is additional contact information at the Regulatory Assistance Web page.

DTSC Regulatory Assistance Officers provide informal guidance only about management of hazardous waste for the convenience of the public. Such oral or electronic mail advice is not binding upon DTSC, nor does it have the force of law. If you would like a formal opinion on a matter by DTSC, please contact the responsible program office directly. You should also refer to the statutes and regulations, DTSC Policies and Procedures, and other formal documents.