FAQs

Used Oil is any oil that has been refined from crude oil and any synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties. The oil must have been used as a lubricant, coolant (non-contact heat transfer fluid), emulsion, or for some similar use.

• Used Oil is a listed hazardous waste in New Hampshire. It carries the waste number NH01.
• When Used Oil is recycled by either being re-refined or burned for energy recovery, it may be managed as Used Oil for Recycle under less stringent requirements in Section Env-Hw 807 of the New Hampshire Hazardous Waste Rules. To be managed under Env-Hw 807 an initial used oil determination must be performed.
• Used Oil must be managed as NH01 hazardous waste under the Env-Hw 500 standards if the oil is not recycled, or if it contains high levels of contaminants.

The full set of Hazardous Waste Rules can be found here: New Hampshire Hazardous Waste Rules.

• A Used Oil determination is a set of tests necessary to determine if Used Oil can be managed under the less stringent Env-Hw 807 standards. A Used Oil determination only needs to be repeated if there is a change in the process that generates the used oil or if the type(s) of oil changes.
• To conduct a Used Oil determination NHDES suggests working directly with a laboratory. A list of labs operating in New England can be found here: Laboratories that Perform Used Oil Determinations. 

Used Oil generated solely from automotive sources does not need to be tested.

• An initial Used Oil determination tests for arsenic, cadmium, chromium, lead, flashpoint, total halogens and PCBs. Used Oil is classified as specification, off-specification, or hazardous waste, depending on level of contamination.
• If Used Oil exceeds the off-specification standards, it must be managed as NH01 hazardous waste under Env-Hw 500.
• Refer to sections Env-Hw 807.02 and Env-Hw 807.03 of the Hazardous Waste Rules for specific contamination levels for each type of used oil.  

New Hampshire Hazardous Waste Rules

• Used oil must be stored in structurally sound containers or tanks;
• Containers or tanks must be labeled “Used Oil for Recycle”; and
• Containers must be kept closed when used oil is not being actively added or removed.  
• If containers are stored outdoors additional regulations apply. For further information regarding outdoor storage, see Water Quality/Quantity rules: Env-Wq 401.04 – Storage of Regulated Substances.

Used Oil Transporters must:

• Register with the State of New Hampshire as a hazardous waste transporter and obtain an EPA identification number.
• Use a three-copy bill of lading with each shipment of used oil for recycle as described in Env-Hw 807.06(b)(11). If the used oil is being shipped to a state that requires the use of a hazardous waste manifest, a hazardous waste manifest may be used instead of a bill of lading.
• Maintain copies of each bill of lading for three years from the date of shipment.
• Submit an annual used oil activity report to NHDES for used oil transport activity in the immediately preceding calendar year.

For further information, see Hazardous Waste Rules: Env-Hw 807.07 – Standards for Transporters of Used Oil Being Recycled or the Hazardous Waste Reporting and Information Management Section. 

A “Used Oil marketer” is any person who engages in the act of marketing unless exempt under Env-Hw 807.08(b). An “act of marketing” is the transfer of Used Oil from one party to another, regardless of whether a fee or charge is collected for the transfer.

Used Oil Marketers must:

1. Notify NHDES of its Used Oil management activities by completing a RCRA C Site Identification Form.
2. Perform sampling and analyses on each batch of Used Oil being marketed.
3. Comply with additional recordkeeping requirements, which can be found in the Hazardous Waste Rules: Env-Hw 807.09 – Standards for Marketers of Used Oil Being Recycled.

Burners of Used Oil must:

1. Notify both NHDES’ Waste Management and Air Resources Division of its burning activity.
2. Perform analysis on the Used Oil or maintain documentation of analysis conducted by a Used Oil marketer.
3. Burn used oil only in proper types of devices allowed by the Hazardous Waste Rules.
4. Comply with additional recordkeeping requirements.

The full set of requirements for burners of used oil fuel can be found in Env-Hw 807.10 – Standards for Burners of Used Oil Fuel. 

If a burner of used oil fuel accepts used oil from any other business, the marketing requirements discussed in the above question need to be met.