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Indiana Department of Environmental Management

IDEM > Compliance > Land Compliance > Auto Salvage > Auto Salvage Guidance & Resources > Complying with Indiana's Used Oil Rule 329 IAC 13 Complying with Indiana's Used Oil Rule 329 IAC 13

Used oil can be a valuable resource when it is properly managed to avoid release to the environment and recycled for utilization of its lubricant or fuel value. Effective March 5, 1997, the State of Indiana has adopted Used Oil Management Standards, codified in Indiana Administrative Code 329 IAC 13, to encourage the recycling of used oil and promote its environmentally sound collection, storage, and management. This Rule incorporates substantially all of the Federal Standards for the Management of Used Oil, 40 CFR 279, with certain modifications and additions relating to mixing hazardous waste with used oil and prohibiting the use of used oil as a dust suppressant. The following information briefly summarizes what and who is subject to the Used Oil Rule, and a table outlining the management standards applying to used oil handlers subject to this Rule may be found on the reverse of this page.

What is Potentially Regulated Under the Rule as Used Oil?

Used oil is defined as any oil that has been refined from crude oil, or is a synthetic oil, and has been used and as a result of such use is contaminated by physical or chemical impurities. Used oils may include lubricants, hydraulic fluids, and heat transfer fluids, including commonly generated oils such as motor oil, hydraulic oils, metalworking oils, wire drawing solutions, refrigeration oil, or electrical insulating oil. Oil wastes originating from virgin (unused) oil, oils used solely for their solvent properties, and animal and vegetable oils are not regulated as used oil.

This Rule applies to used oils that are destined for recycling. Once it is determined that used oil will be disposed rather than recycled, it becomes subject to applicable hazardous or solid waste rules, rather than the Used Oil Rule. If used oil that is to be recycled has acquired contaminants or hazardous characteristics from product formulation or through its intended use, it is regulated under the Used Oil Rule rather than as a hazardous waste, even if it exhibits hazardous characteristics. However, used oil that is mixed with a RCRA-regulated listed or characteristic hazardous waste is subject to regulation under the hazardous waste rules, 329 IAC 3.1. Used oil that contains greater than 1,000 parts per million total halogens is presumed to have been mixed with a listed hazardous waste unless it can be demonstrated that the source of the halogens was not from hazardous waste mixing (commonly referred to as "rebuttable presumption").

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Who Is Subject to Regulation Under the Rule?

Anyone who generates or handles used oil, regardless of the volume involved, must comply with the applicable management standards in this Rule, with the exception of:

  • household do-it-yourselfer used oil generators
  • farmers generating an average of 25 gallons or less of used oil per month in a calendar year
  • used oil generated on vessels while at sea or port (regulated upon removal from vessel)
  • used oil after mixing with diesel fuel when for the generator's own use

The Rule sets management requirements specific to the following categories of used oil handlers:

  • used oil generators (minimal container management & spill cleanup)
  • used oil collection centers and aggregation points (same as for generators)
  • used oil transporters and transfer facilities (includes additional recordkeeping)
  • used oil processors and re-refiners (additional recordkeeping & emergency preparedness)
  • used oil burners (off-specification used oil for energy recovery) (additional recordkeeping)
  • used oil fuel marketers (recordkeeping)

A summary of these management standards for each used oil handler category is given in the table on the reverse. It should be noted that the Rule also prohibits the use of used oil as a dust suppressant (in addition, Indiana Code IC 13-30-2-1-14 prohibits the application of used oil to any ground surface), and it prohibits storage or management of used oil in surface impoundments.

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For More Information

Contact IDEM's Office of Land Quality at (317) 308-3103 or the IDEM toll-free number (800) 451-6027.

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Used Oil Management Standards 329 IAC 13

  Generator/Collection Center (Rules 4 and 5*) Transporter/Transfer Facility (Rule 6) Processor/Re-Refiner (Rule 7) Off-Specification Burner (Rule 8) Marketer (Rule 9)
Storage in Containers and Aboveground Tanks 1 Good Condition Good Condition Good Condition Good Condition N\A
Labels for Tanks and Containers 2 Yes Yes Yes Yes N\A
Secondary Containment System (Oil Impervious Berm, Dike, or Retaining Wall and Floor) No Yes, for transfer facilities
No for transporters
Yes Yes N\A
Environmental Release Cleanup Yes Yes Yes Yes N\A
U.S. EPA Identification Number and Notification No Yes Yes Yes Yes
Tracking No Acceptance and delivery records Acceptance and delivery records Acceptance records On-specification or off-specification delivery records
Analysis No, except information or testing if needed to rebut the hazardous waste mixing presumption Yes, information or testing if needed to rebut the hazardous waste mixing presumption Create and follow analysis plan that details how the hazardous waste mixing presumption will be rebutted Yes, information or testing if needed to rebut the hazardous waste mixing presumption Yes, information or testing if needed to make on-specification determination
Recordkeeping (for Three Years) No Yes, information or testing data if needed to rebut the hazardous waste mixing presumption; acceptance and delivery records Information or testing data to rebut the hazardous waste mixing presumption; acceptance and delivery records Yes, information or testing data if needed to rebut the hazardous waste mixing presumption; acceptance records If claiming on-specification, information or testing data used to make determination; if claiming off-specification, burner certification; delivery records
Preparedness and Contingency Plans No No Yes, same as Part 264/265, Subpart D No N\A
Biennial Reporting No No Yes No N\A
Unit Closure No No Yes, same as Part 264/265, Subpart G No N\A
Dust Suppressant Ban Yes Yes Yes Yes N\A
Surface Impoundment Ban Yes Yes Yes Yes N\A

*Generator requirements also apply to aggregation points and collection centers.

1Storage in underground tanks is regulated under RCRA Subtitle I, 40 CFR 280.

2Tanks and containers must be labeled with the words "Used Oil."

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