Revised On: Jan. 22, 2024 - 3:00 p.m.

Common Violations & How to Prevent Them

Proactively managing used oil at your facility not only protects public health and the environment, it prevents violations and can save owners and operators sizable costs related to enforcement. Following are the most common violations and requirements and best practices to prevent them.

Improper storage¹

Used oil processors/re-refiners may not store used oil in units other than tanks, containers or units subject to regulation.² The containers and above-ground tanks used to store or process used oil at processor/re-refining facilities must:

• Be in good condition, meaning no severe rusting, apparent structural defects or deterioration.
• Not leak or show signs of visible leaking.
• Be equipped with a secondary containment system. At minimum this must include dikes, berms, or retaining walls and associated flooring, or an equivalent secondary containment system. The entire containment system must be sufficient in preventing the release of used oil into surrounding soil, groundwater and surface water areas.
  
  

Unsafe or improper facility conditions³

Owners and operators of used oil processing and re-refining facilities:

• Must maintain and operate facilities to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil or surface water, which could threaten public health or the environment.
• Should have a form of internal and external communication devices at facilities, such as an internal alarm system and telephone to communicate with emergency services.
• Should have portable fire extinguishers, fire control equipment, spill control equipment and decontamination equipment present at the facility.
• Should have water at an adequate volume and pressure to supply water hose streams or foam producing equipment or automatic sprinklers present at the facility.
• Must maintain aisle space to allow unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of the facility.
• Must have a contingency plan for the facility to be designed to minimize hazards to public health and the environment.
  
  

Lack of an up-to-date contingency plan³

Owners and operators of used oil facilities must prepare a contingency plan and emergency procedures protocol. The contingency plan must be designed to minimize hazards to public health or the environment from fire, explosions or any unplanned sudden or non-sudden release of used oil to air, soil or surface water. Some aspects of a contingency plan include:

• A description of actions facility personnel must take to mitigate a release of used oil or respond in the event of an emergency situation.
• A description of arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services.
• A list of names, addresses and phone numbers of all individuals qualified to act as emergency coordinator.
• A list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, communications and alarm systems. This list must also indicate the physical location of all emergency equipment.
• An evacuation plan for all facility personnel where there is a possibility that evacuation could be necessary (including signals, evacuation routes and alternate routes).
  
  

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¹40 C.F.R. § 279.54(b) | View > and A.R.S. § 49-802(A) | View >
²40 C.F.R. §264 | View > and 40 C.F.R. §265 | View >
³40 C.F.R. § 279.52 | View > and A.R.S. § 49-802(A) | View >