Under the federal Resource and Recovery Act (RCRA) which Idaho has adopted by reference into state rules and regulations, every business in Idaho is required to track the volume of wastes generated, determine whether or not each is hazardous, and ensure that all wastes are properly disposed of according to federal, state and local requirements.

Used oil is covered by this requirement. Owners and/or operators of facilities where used oil is generated, processed, transported, or burned must comply with all applicable spill prevention, control and countermeasures listed in 40 CFR 112 and the Underground Storage Tank Standard in 40 CFR 280. Depending on the activities your facility engages in, other regulations may apply as well.

Used oil is any oil that has been refined from crude or synthetic oil and has been used as a lubricant, electrical insulation oil, hydraulic fluid, heat transfer oil, brake fluid, refrigeration oil, grease, or machine cutting oil.

Used oil does not include used oil mixed with hazardous waste except for specific instances, petroleum and synthetic based-products used as solvent, antifreeze, wastewater from which the oil has been removed, or oil-contaminated media or debris.

A generator is any person, by site, whose act or process produces used oil or whose act first causes the used oil to be regulated. Generators subject to used oil regulations include, but are not limited to, businesses, governments, schools, and equipment maintenance facilities. Examples include vehicle repair shops, service stations, motor pools, tax, bus, or delivery fleets, city, tate or county road maintenance fleets, and shipyards. Idaho has more than 1,000 regulated used oil generators.

People who change their own oil (do-it-yourselfers) are not considered generators. Also exempt are farmers who generate an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm during a calendar year.

Used oil generators must:

• store used oil only in tanks and containers, or units subject to regulation under 40 CFR 264 or 265;
• keep storage tanks and containers in good condition, as defined in 40 CFR 279.22;
• clean up any spills or releases of used oil;
• use a transporter with an EPA identification number when shipping used oil off-site; and
• mark containers, above-ground tanks, and fill pipes with the words "USED OIL."

Used oil may NOT be applied as a dust suppressant at any time (40 CFR 279.82).

Generators are encouraged to follow these practices:

• Choose used oil transporters and recycling facilities carefully. Confirm that the transporter has an EPA identification number, know where your used oil is taken after it leaves your facility, and keep records of shipments made.
• Thoroughly drain non-terne plated oil filters (used in most cars and light trucks) to avoid hazardous waste characterization requirements. Oil filters must be punctured and hot-drained (or use an equivalent method, like crushing) to remove all free oil.
• Employ and enforce good housekeeping procedures to avoid spills and contamination of recyclable materials.
• Do not mix hazardous waste or other contaminants into your recyclable used oil waste stream.
• Teach staff about the used oil regulations.

The greatest economic and environmental benefit can be realized by reducing the amount of waste produced. Try to reduce the amount of waste you produce first, then look for ways to recycle waste that can’t be eliminated.

You can also help protect Idaho's environment by collecting do-it-yourself used oil at your facility. Service stations that collect used oil from do-it-yourselfers and send it off-site for recycling are not liable for emergency response costs or damages resulting from threatened or actual releases of used oil resulting from subsequent handling of the oil.

Additional specific regulations apply to transporters, marketers, and burners of used oil. See our Hazardous Waste Guidance Documents and Reports page for links to publications applicable to these uses of used oil.