Used Oil
Used Oil practice requires that we address issues on behalf of our clients that include:
- Providing advice to client regarding what is and is not a regulated as used oil
- Used oil compliance activities and documents required by state and federal administrative laws and regulations
- Notifications and permitting related to used oil
- Unauthorized releases or discharges of used oil
- Defense of administrative or civil enforcement actions related to used oil issued or instituted by state or federal administrative agencies
- Defense of civil actions by state and US departments of justice related to used oil after referral of administrative enforcement actions by state or federal environmental agencies
Used Oil matters in which the firm has or attorneys with the firm have been involved include the following:
- Performed regulatory analysis and provided advice to a fuel blending facility in regards to the blending of diesel fuel with used transformer oil to be sold at a retail truck stop facility.
- Defense attorney on behalf of a used oil processor and commercial wastewater treatment facility and in an EPA enforcement action under the used oil regulations
- Prepared opinion in regards to the reporting and response requirements for a spill of used oil containing solvent for a SBR rubber manufacturing facility
- Prepared detailed transportation training, tracking and recordkeeping procedures for: used oil transportation, non-hazardous hydrocarbon fuel transportation, hazardous waste transportation and chemical product transportation for an oil transportation company
Used oil is what its name implies, any synthetic or petroleum-based that has been used. During normal use, impurities such as metal scrapings, dirt, chemicals or water can become mixed in with the oil, so that over time, the oil no longer performs as well. Eventually, this used oil must be replaced with virgin or re-refined oil to perform correctly.
Used Oil Management Standards (40 CFR Part 279, UOMS) are intended to protect groundwater, soil, air, and surface water. UOMS require that used oil generators, with a few exceptions, use only tanks and containers that are in good condition, label used oil tanks and containers, respond to releases, and always use a transporter with an EPA ID number. In addition to these generator requirements, used oil transporters are obligated to notify the U.S. EPA or authorized state government of any used oil activities if the transporter does not already have an EPA ID number, to determine total halogen concentration, and also to maintain tracking records. Used oil processors/re-refiners are required to comply with the above mentioned requirements, to prepare a used oil contingency plan (an SPCC plan may be adapted rather than preparation of a separate plan for the UOMS), to maintain secondary containment, recordkeeping, a used oil analysis plan, and biennial reporting. Used oil marketers must also be transporters, generators, or processor/re-refiners and also have tracking requirements for both off-spec and on-spec used oil fuel; the first person who claims that used oil meets the specifications must maintain the documentation to support the claim. Used oil burners include industrial boilers, industrial furnaces, and utility boilers (e.g., cement kilns, blast furnaces, asphalt aggregate dryers, coke ovens, smelters).