Used Oil

Used oil is a type of waste oil that is subject to special management requirements under 6 NYCRR 374-2. “Waste oils” are used engine lubricating oil and any other oil, including but not limited to, fuel oil, motor oil, gear oil, cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil, and vegetable oil which has been contaminated by physical or chemical impurities, through use or accident, and has not subsequently been re-refined. 

"Used oil" is any oil, whether refined from crude or synthetic, that has been contaminated by physical or chemical impurities as a result of use. Typical uses include automotive and industrial lubricants, including spent motor oil, hydraulic fluids, refrigeration coolants, metalworking and cutting oils, and electrical insulating oil. (Waste animal or vegetable-based oils and greases are not eligible to be managed as used oil under 6 NYCRR 374-2. Management requirements for waste animal or vegetable-based oils and greases [i.e., used cooking oil/yellow grease and grease trap waste/brown grease] are found in the 6 NYCRR Part 360 series regulations.) 

Typical generators of used oil include vehicle repair shops, fleet maintenance facilities, industries, non-profit organizations, government agencies, and educational institutions. Used oil is also generated by private citizens who change the motor oil on their own vehicles and are known as "household do-it-yourself oil changers" or "DIYs."

Used Oil Take Back Program for Household Do-It-Yourselfer (DIY) Used Oil 

New York State law requires numerous service and retail locations to accept used oil from household DIYs (who is otherwise exempt from regulation) for recycling. Under Article 23, Title 23 of the Environmental Conservation Law (ECL), any service establishment that sells at least 500 gallons per year of new oil and performs vehicle servicing must accept from the public, at no charge, up to 5 gallons of used oil per person per day. Retailers who don't service vehicles but sell at least 1,000 gallons per year of new oil must either accept used oil from the public, as service establishments do, or contract to have another service or retail establishment accept it on their behalf. Some municipalities in New York State also collect DIY used oil as part of their Household Hazardous Waste Program.

It's against the law to improperly dispose of used oil (e.g., dumping oil on the ground, in the street, down the drain, etc.). Instead of dumping your used oil, take it to a service establishment (quick lube facilities, gas stations, car garages, dealerships or marinas who provide oil changing services) or a retail establishment (big box stores or automotive parts stores that sell significant quantities of new lubricating oil) for recycling. Used motor oils, transmission fluids, hydraulic fluids, and gear oils are all considered used oil and can be recycled.

Make sure to keep your used oil separate from other wastes; don't mix your oil with other petroleum products or hazardous wastes like gasoline or solvents. Store the oil in a clean plastic container with a tight fitting lid and make sure to take it to a service or retail establishment for recycling.

While service and retail establishments may temporarily refuse to accept used oil if their used oil tanks or containers are temporarily full, they must make immediate arrangements to have their tanks or containers emptied as soon as possible and inform the household DIY when they can come back to drop off their used oil. Retail establishments that cannot provide used oil collection services, but who are subject to this requirement under the law, must make other arrangements to provide this service elsewhere and have a sign providing information about this alternate location where household DIYs can take their used oil for recycling.

Regulatory Format

The State's used oil regulations are located in Subpart 6 NYCRR 374-2: Standards for the Management of Used Oil and are based largely upon the RCRA-based federal used oil regulations in 40 CFR 279. Federally based management standards are provided in 374-2 for used oil generators, transporters and transfer facilities, processors and re-refiners, and for facilities that burn used oil for energy recovery. This Subpart also provides standards for marketing used oil as a fuel, standards for used oil disposal, and the ECL-based requirements concerning acceptance of DIY used oil by service establishments and retailers. Section 374-2.10, in conjunction with Part 360, provides permitting requirements for used oil transfer facilities, processors and re-refiners, and registration requirements for used oil collection centers. Section 374-2.10 also lists the types of facilities and operations that are exempt from permitting.

Recycling Presumption

Used oil regulations are based upon the "Recycling Presumption" of 374-2.2(a)(1), which states that used oil that acquired hazardous characteristics during its use as an oil (as a lubricant, for example) is exempt from hazardous waste regulation on the presumption that the oil will eventually be recycled. Mixing the oil with hazardous wastes or disposing the oil instead of recycling it invalidates the presumption. Provided that no mixing or disposal occurs, the oil is subject to its own set of regulatory standards, whether or not it displays any hazardous characteristics. Therefore, unlike other wastes, there is no need for a used oil generator to perform a hazardous waste determination when the used oil is generated.

Storage Requirements

Used oil may be stored in tanks (stationary) or containers (portable), including drums. Aboveground and underground used oil tanks, regardless of capacity, are subject to the standards of New York State's Petroleum Bulk Storage regulations in Part 613, including registration of all used oil tanks, monthly visual inspection of aboveground tanks, and standards for new tank installations. 

All aboveground tanks and containers must be kept in good condition and must not leak. Aboveground tanks, containers, and the fill pipes of underground tanks must be labeled "USED OIL." Aboveground tanks must be labeled with the tank's identification number, design capacity and working capacity, and the tank's fill port(s) must feature the API color code symbol for used oil (i.e., light gray circle). (Note that the color code can be placed at or near the fill port for aboveground tanks.)

Similarly, underground tanks must also be labeled with the tank's identification number, design capacity and working capacity (along with the type(s) of petroleum that can be stored in the tank system), and the tank's fill port(s) must feature the API color code symbol for used oil (i.e., light gray circle). Underground storage tank systems are also subject to the requirements of the federal Underground Storage Tank (UST) regulations in 40 CFR 280.

Secondary containment is required for all containers and aboveground tanks at transfer, processing, re-refining, and burning facilities. At generator facilities, secondary containment is required for aboveground tanks whose capacity is 10,000 gallons or greater and for smaller tanks if it can be reasonably expected that any leakage from the tank could contaminate the waters of New York State. Even when not required, secondary containment at generator sites is strongly recommended.

Transportation Requirements

Transporters must comply with the standards of Section 374-2.5. In addition, transporters must also comply with the following:

• Any person transporting more than 55 gallons but less than or equal to 275 gallons of used oil in a single shipment must obtain a Part 364 waste transporter registration from DEC and comply with the waste transporter requirements. See DEC's Waste Transporter webpage for more details.
• Any person transporting more than 2,000 pounds of used oil (approximately275 gallons) in a single shipment must obtain a Part 364 waste transporter permit from DEC and comply with waste transporter requirements. See DEC's Waste Transporters webpage for more details.
• Transporters are also subject to federal Department of Transportation standards in 49 CFR 171 through 180.
• For purposes of Part 364, used cooking oil and yellow grease are considered to be "waste oil." See DEC's Transport of Used Cooking Oil/Yellow Grease Oil information letter for more details (PDF, 310 KB)

Other Applicable Requirements

• Used oil facilities requiring Solid Waste Management Facility permitting or registration are also subject to Part 360.
• In addition to the requirements of Section 374-2.7, burning used oil for energy recovery is subject to Part 201 and Subpart 225-2 of the Air regulations and may require a registration or permit under that program.
• Spillage of used oil is subject to the notification and clean-up standards of Article 12 of the Navigation Law.

Important Links: 

Quick Guide to NYS Used Oil Regulations for Auto Repair Shops (PDF)