Recycling Used Oil in New Jersey

1. Thanks to Pete Taylor's assistance, we have scheduled the next seminar for May 3, 2007 at Camden County College in Blackwood, NJ. Thanks to Pete Taylor's assistance, we have scheduled the next seminar for May 3, 2007 at Camden County College in Blackwood, NJ.

2. Topics: Where are the used oil regs? What�s a used oil and what isn�t? How about mixtures of oil and HW? What�s this rebuttable presumption that I keep hearing about? What are the used oil specs good for? What are my responsibilities as a generator? Can I burn oil in my shop? Can I move and consolidate my oil? What are the other categories of handler? FAQs

3. Most generators only need to read 6.1-6.5. They can download the regs on line. Most generators only need to read 6.1-6.5. They can download the regs on line.

4. Used oil is an in-between category. Not as toxic as HW, but not as clean as new product. USEPA allowed many kinds of petroleum products to move under the used oil regs to encourage recycling and still protect the end user. Vegetable oils are not covered. They are solid waste, unless they are being used for biodiesel. Then they are a source separated recyclable material even though they aren�t listed in the regs as a Class A. Someday we may see more machine shops using biobased lube oils, and then we�ll see where markets develop for it. Used oil is an in-between category. Not as toxic as HW, but not as clean as new product. USEPA allowed many kinds of petroleum products to move under the used oil regs to encourage recycling and still protect the end user. Vegetable oils are not covered. They are solid waste, unless they are being used for biodiesel. Then they are a source separated recyclable material even though they aren�t listed in the regs as a Class A. Someday we may see more machine shops using biobased lube oils, and then we�ll see where markets develop for it.

5. It can be unused! USEPA says it�s any oil refined from crude oil or any synthetic oil that has been used and, as a result of such use, is comtaminated. NJDEP adds that it may also be unused oil that is contaminated, or that is determined to be a solid waste by the generator. That means you can include oil that you simply don�t intend to use.

6. I�m starting at the beginning, but I�m not going to track item by item through 7:26-6. USEPA gives the �scrap metal exemption�, which says that items that have come in contact with oil but have no free-flowing oil in or on them are not regulated as oil. In other words, not drippy. Class D waste is hazardous waste that is ignitable. So what if oil is ignitable? That�s what gives it value in recycling. I�m starting at the beginning, but I�m not going to track item by item through 7:26-6. USEPA gives the �scrap metal exemption�, which says that items that have come in contact with oil but have no free-flowing oil in or on them are not regulated as oil. In other words, not drippy. Class D waste is hazardous waste that is ignitable. So what if oil is ignitable? That�s what gives it value in recycling.

7. The first group is inappropriate to be moved with other oils. POTWs are getting picky. PCB oils are more heavily regulated. Anything you put out for disposal is subject to all solid and hazardous waste rules. You�d have to go back and test the oil to prove it�s not hazardous, or else it would be subject to all the Hazardous Waste rules. The idea is to give an incentive to recycle. (Re-refinement has not proven economically viable because lube oils contain additives that are hazardous and thus costly to dispose.) A plant near Chicago works profitably but the profit isn�t big enough to induce anyone to put up a rerefinery around here. The first group is inappropriate to be moved with other oils. POTWs are getting picky. PCB oils are more heavily regulated. Anything you put out for disposal is subject to all solid and hazardous waste rules. You�d have to go back and test the oil to prove it�s not hazardous, or else it would be subject to all the Hazardous Waste rules. The idea is to give an incentive to recycle. (Re-refinement has not proven economically viable because lube oils contain additives that are hazardous and thus costly to dispose.) A plant near Chicago works profitably but the profit isn�t big enough to induce anyone to put up a rerefinery around here.

8. This is confusing to generators who have little background in HW. The lesson is, don�t put anything into the oil. Then you know it�s only a solid waste. If it contains some other petroleum products, and winds up being ignitable, USEPA still allows us to move it to recycling, since it will be burned, anyway. If you are a CESQG and you put your waste into your oil, your hauler may dump you. This is confusing to generators who have little background in HW. The lesson is, don�t put anything into the oil. Then you know it�s only a solid waste. If it contains some other petroleum products, and winds up being ignitable, USEPA still allows us to move it to recycling, since it will be burned, anyway. If you are a CESQG and you put your waste into your oil, your hauler may dump you.

9. USEPA wrote this rule because so many generators dumped solvents into their oil to be picked up by a hauler. USEPA needed to protect haulers and blenders and burners, and develop a clean fuel market. Most generators don�t need to know this, but they may someday use a specialty lubricant that contains halogenated compounds. Thus, they don�t have to prove that they didn�t mix in HW. We only allow 1000 ppm, not 4000 ppm. We don�t believe that it�s possible to get over 1000 without contamination. Note that in South Jersey, high halogen counts may be due to infiltration of salt groundwater, indicating that a tank has an underground leak. In which case the generator has a bigger problem. They can rebut the presumption if a SW-846 test shows no Appendix VII constituents and they can explain the origin of the halogens. USEPA wrote this rule because so many generators dumped solvents into their oil to be picked up by a hauler. USEPA needed to protect haulers and blenders and burners, and develop a clean fuel market. Most generators don�t need to know this, but they may someday use a specialty lubricant that contains halogenated compounds. Thus, they don�t have to prove that they didn�t mix in HW. We only allow 1000 ppm, not 4000 ppm. We don�t believe that it�s possible to get over 1000 without contamination. Note that in South Jersey, high halogen counts may be due to infiltration of salt groundwater, indicating that a tank has an underground leak. In which case the generator has a bigger problem. They can rebut the presumption if a SW-846 test shows no Appendix VII constituents and they can explain the origin of the halogens.

10. Used oil usually picks up metal contamination through use, and home and business boilers don�t have emissions controls to keep the metals out of the air. That�s why it may be blended for industrial fuel: those plants burn so hot they destroy organic molecules, and they have the filtration to pick up the metals. USEPA supposed that some oil might be so close to virgin, that people would test it and sell it as �On Spec�. This has not happened. Most oil fails, and it makes more sense, given strong markets for fuel, to blend it. Generators tend to mix up the standards for �on-spec� and �rebuttable presumption�. They�re for different purposes. A generator who doesn�t put stuff in his oil probably doesn�t need to know either one.Used oil usually picks up metal contamination through use, and home and business boilers don�t have emissions controls to keep the metals out of the air. That�s why it may be blended for industrial fuel: those plants burn so hot they destroy organic molecules, and they have the filtration to pick up the metals. USEPA supposed that some oil might be so close to virgin, that people would test it and sell it as �On Spec�. This has not happened. Most oil fails, and it makes more sense, given strong markets for fuel, to blend it. Generators tend to mix up the standards for �on-spec� and �rebuttable presumption�. They�re for different purposes. A generator who doesn�t put stuff in his oil probably doesn�t need to know either one.

11. Note that a site gets its own number, not a person. So if a business has several sites, it is, regulatorily, more than one generator. (b) Reminds generators not to wander into the activities of more heavily regulated classes of handlers.Note that a site gets its own number, not a person. So if a business has several sites, it is, regulatorily, more than one generator. (b) Reminds generators not to wander into the activities of more heavily regulated classes of handlers.

12. The first part is just to remind the generator that he may be subject to other rules from other programs. The second is the start of the useful part of the regs: management practices. The first part is just to remind the generator that he may be subject to other rules from other programs. The second is the start of the useful part of the regs: management practices.

13. In the excitement of a spill, the rules themselves are not too helpful. They don�t tell you, for instance, to call the hotline. Note that a spill is not a discharge. A spill lands on non=-porous surface and you can mop it up. Don�t call us. A discharge reaches the soil or water of the state of NJ, and you must report it. In the excitement of a spill, the rules themselves are not too helpful. They don�t tell you, for instance, to call the hotline. Note that a spill is not a discharge. A spill lands on non=-porous surface and you can mop it up. Don�t call us. A discharge reaches the soil or water of the state of NJ, and you must report it.

14. Be wise: No secondary containment is required, but a spill into a containment system (such as the curbed floor of your workshop) does not count as a spill. To be technical, it�s a leak but not a discharge. A leak doesn�t reach the soil or waters of NJ. A discharge does. One requires a call to the Hotline and the other doesn�t. Make sure your employees can get to your absorbent material in a hurry. Be wise: No secondary containment is required, but a spill into a containment system (such as the curbed floor of your workshop) does not count as a spill. To be technical, it�s a leak but not a discharge. A leak doesn�t reach the soil or waters of NJ. A discharge does. One requires a call to the Hotline and the other doesn�t. Make sure your employees can get to your absorbent material in a hurry.

15. Secondary Containment We recommend it.

16. Absorbent materials

17. Not that we�d catch them if they burned it in the wrong boiler, but they should use one that�s designed for substandard fuel. They should not take oil from other businesses. USEPA allows it but the Air program in NJ does not. If a business with noncontiguous locations really wants to do this, they should speak to Joel who can write them a low-cost permit. They probably won�t get caught, but USEPA�s concern is that the person who�s donating the oil doesn�t have the built-in motivation to keep it clean. DIY oil, on the other hand, tends to be cleaner than other oil! They may always accept and burn it. Transporters: They may move their own waste, but if they hire someone, that person must have an EPA ID. In the transporter regs in 7:26-4, it says they must have a license. We should have mirrored that here in 7:26A. They should know their hauler�s ID and know that they have registered their vehicles. Most oil haulers will be HW transporters, as extra protection in case of �hot loads�. Not that we�d catch them if they burned it in the wrong boiler, but they should use one that�s designed for substandard fuel. They should not take oil from other businesses. USEPA allows it but the Air program in NJ does not. If a business with noncontiguous locations really wants to do this, they should speak to Joel who can write them a low-cost permit. They probably won�t get caught, but USEPA�s concern is that the person who�s donating the oil doesn�t have the built-in motivation to keep it clean. DIY oil, on the other hand, tends to be cleaner than other oil! They may always accept and burn it. Transporters: They may move their own waste, but if they hire someone, that person must have an EPA ID. In the transporter regs in 7:26-4, it says they must have a license. We should have mirrored that here in 7:26A. They should know their hauler�s ID and know that they have registered their vehicles. Most oil haulers will be HW transporters, as extra protection in case of �hot loads�.

18. 6.4(f) Choosing a Transporter

19. USEPA�s rules about collection points are a little confusing. USEPA could not know in 1980 exactly how the industry would shake out. In practice, there is insufficient income from just collecting oil from DIYs, so towns and counties do it. Additionally, NJ law states that certain entities shall take it. See next slide. Generators use the aggregation rule to their benefit: It costs money to have a hauler take a few drums of oil. It�s free when you have 250 or more gallons in one place. So it�s worthwhile to consolidate your own oil. Take it in your own truck, 55g. at a time. Don�t placard the truck and trigger DOT regulations. USEPA�s rules about collection points are a little confusing. USEPA could not know in 1980 exactly how the industry would shake out. In practice, there is insufficient income from just collecting oil from DIYs, so towns and counties do it. Additionally, NJ law states that certain entities shall take it. See next slide. Generators use the aggregation rule to their benefit: It costs money to have a hauler take a few drums of oil. It�s free when you have 250 or more gallons in one place. So it�s worthwhile to consolidate your own oil. Take it in your own truck, 55g. at a time. Don�t placard the truck and trigger DOT regulations.

20. DIY is unregulated. You may always mix it with your own. But beyond that, you may be in one of the two classes required to take it. Download our guidance. Best practice is to take the containers from the DIY and put it into the tank yourself. No need to give them unlimited access. You can first pour it into a tub to see that it isn�t separating into two phases. You can put it through a strainer into a funnel. We don�t consider that to be illicit processing. In 15 years, the city of East Orange has never had a hot load. DIY is unregulated. You may always mix it with your own. But beyond that, you may be in one of the two classes required to take it. Download our guidance. Best practice is to take the containers from the DIY and put it into the tank yourself. No need to give them unlimited access. You can first pour it into a tub to see that it isn�t separating into two phases. You can put it through a strainer into a funnel. We don�t consider that to be illicit processing. In 15 years, the city of East Orange has never had a hot load.

21. Who are the other handlers?How do they differ from generators? 7:26A-6.6 Transporters and Transfer stations A-901 & registration 35 day limit. Transporters need to undergo the expensive and tedious background check and registration. per 7:26-3, They need more for transfer facilities: 2ndary containment, reporting. They can only store at a transfer facility for 35 days. By the way, mobile oil changers are not transporters. When they go back to the shop and remove and discard, they are generators. Processors get a full-blown permit in NJ. It allows them to distill, filter, floculate: you name it. They have Preparedness and Prevention plans, drills, closure plans for removal and decon, recordkeeping for all analysis and contingency incidents, biennial letters to DEP, residue classification. Certain industrial and utility boilers, and HW incinerators, can burn used oil as-is, and they may use virgin fuel along with it if supplies are short (but cannot blend to re-sell). They must notify their suppliers that they are legitimate, and will maintain the boiler for 3 years after last shipment. Marketers prove that the oil meets specs, shows analysis on demand, keep it three years, track shipments, and label it correctly. This is uncommon when markets exist for off-spec oil. Transporters need to undergo the expensive and tedious background check and registration. per 7:26-3, They need more for transfer facilities: 2ndary containment, reporting. They can only store at a transfer facility for 35 days. By the way, mobile oil changers are not transporters. When they go back to the shop and remove and discard, they are generators. Processors get a full-blown permit in NJ. It allows them to distill, filter, floculate: you name it. They have Preparedness and Prevention plans, drills, closure plans for removal and decon, recordkeeping for all analysis and contingency incidents, biennial letters to DEP, residue classification. Certain industrial and utility boilers, and HW incinerators, can burn used oil as-is, and they may use virgin fuel along with it if supplies are short (but cannot blend to re-sell). They must notify their suppliers that they are legitimate, and will maintain the boiler for 3 years after last shipment. Marketers prove that the oil meets specs, shows analysis on demand, keep it three years, track shipments, and label it correctly. This is uncommon when markets exist for off-spec oil.

22. These are favorite questions that come up. There are hardly any terne plated filters, so don�t worry. We appreciate any effort on the part of the generator to find a way to slip the filters into a scrap stream, rather than the trash. They hold about a pint of oil each, which is a big energy waste if landfilled. Some melters don�t want such rich stuff, but others don�t mind. Generators should keep records to show that they sent the oil offsite properly, to forstall accusations of dumping. Parts washer fluid isn�t used oil. It�s solvent. If you buy non-toxic, non-chlorinated, and low flash-point fluid, it�ll come out non-haz, and you don�t need to test. That�s a good thing, because removal is expensive. Even if you�re a CESQG, you�ll pay top dollar. If it�s haz, it becomes confusing because then you have to follow the rebuttable presumption, the mixture rule, and the generator category rules. Transporters are fined all the time for traveling without shipping papers with name, address, ID of generator, quantity and date, signature of both parties. These are favorite questions that come up. There are hardly any terne plated filters, so don�t worry. We appreciate any effort on the part of the generator to find a way to slip the filters into a scrap stream, rather than the trash. They hold about a pint of oil each, which is a big energy waste if landfilled. Some melters don�t want such rich stuff, but others don�t mind. Generators should keep records to show that they sent the oil offsite properly, to forstall accusations of dumping. Parts washer fluid isn�t used oil. It�s solvent. If you buy non-toxic, non-chlorinated, and low flash-point fluid, it�ll come out non-haz, and you don�t need to test. That�s a good thing, because removal is expensive. Even if you�re a CESQG, you�ll pay top dollar. If it�s haz, it becomes confusing because then you have to follow the rebuttable presumption, the mixture rule, and the generator category rules. Transporters are fined all the time for traveling without shipping papers with name, address, ID of generator, quantity and date, signature of both parties.