This guide will use the term used oil which will apply to any refined or synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities. Additionally, Wisconsin Administrative Code NR 590 addresses used oil management standards relating to the generation, collection, transportation and recycling or disposal of used oil. The purpose of this guide is to summarize the various used oil requirements as an overview. This guide is not intended to be a "how-to" instructional guide.

Substances Covered
Used oil typically means used motor vehicle engine and used small engine oil. However, hydraulic oils and industrial lubricating oils may, under certain situations, also be regulated by the Comm 10 code. A used oil generator is a business which is responsible for the initial collection of used oil. A service station changing customer vehicle engine oil, a firm which has a mechanic change oil in the company's vehicles, and a small engine repair shop are examples of used oil generators. Storage for recycling, public access, or use for heating are factors which have site-specific requirements. While owner/operators are becoming more conscious of the recycling and fire safety need to segregate used oil from other products, (i.e., solvents and waste gasoline), history and the risk of contamination from these flammable products is a concern. The source of the contamination may be from a faulty engine allowing gasoline into the oil system or from human error or careless commingling with a flammable product. In an effort to maintain a fire safety advantage, Wisconsin regulates used engine oil as a Class IIIA combustible liquid.

Storage
Used oil may be collected and stored in barrels or tanks. Barrels must be DOT approved for a flammable or combustible liquid. Tanks must be listed as meeting UL 80 or UL 142 construction configuration.

Tanks located outside and aboveground, inside buildings, or in below-grade vaults are considered aboveground storage tanks. Oil/water separators are not covered. However, a separate storage tank for oil leaving an oil/water separator would be considered a used oil storage tank. Tank systems with 10% or more of the tank or piping covered by earth are considered to be underground storage tank systems.

Portable drums or containers are not considered to be tanks. However, the storage and handling of these containers is covered in NFPA 30 Chapter 4. Tote and mini tanks, typically 60 to 660 gallon capacity, are limited to day-tank use or shipping use and are also covered by Chapter 4 of NFPA 30.

Registration of Tanks
All aboveground tanks with a capacity greater than 110 gallons are required to be registered with the Department of Safety and Professional Services using form SBD-8731.

All underground tanks with a capacity greater than 60 gallons are required to be registered using form SBD-7437.

Tank Technical Requirements
Tanks storing used oil must be in compliance with Wisconsin's Comm 10 Code, which adopts NFPA 30, 30A, and 31. For underground storage systems:

• tank must be listed for the respective product classification and use.
• technical components must be maintained.
• leak detection must be maintained in compliance with EPA/Comm 10 regulations.
• maintain spill and overfill protection.
• maintain corrosion protection on tank and piping.
• plan approval prior to installation.
• close out-of-service tanks in compliance with Comm 10.
• maintain use permit.

For aboveground systems:

• tank must be listed for the respective product classification and use.
• technical components must be maintained.
• identify the contents as "USED OIL."
• provide secondary containment of 125% for tanks located outside a building and spill containment provisions for tanks located inside buildings.
• vehicle collision protection when warranted.
• plan approval prior to installation.
• conduct monthly visual inspections to ensure working order and integrity of the system.

Refer to section on Heating with Used Oil for aboveground tanks directly connected to a heating device.

Leak Detection Requirements
Underground storage tanks for used oil are considered to be federally regulated tanks and therefore maintain the following requirements:

• Monthly leak detection monitoring.

Options include: Automatic Tank Gauge, Vapor Monitoring, Groundwater Monitoring, Interstitial Monitoring, or Inventory Control and Tightness Test (this choice can only be used until December 1998).

• Corrosion protection on tank and piping.

Options include: Coated and cathodically protected steel, Fiberglass, Steel tank clad with fiberglass, or Interior lining.

• Spill and overfill protection if transfers to tank are more than 25 gallons at one time.

Owners should refer to a reputable service provider for more detailed information and comparison.

Use Permit

All operators of underground storage tanks holding used oil must maintain a Use Permit to allow the tank to be continued in service. This includes USTs at public waste oil collection sites. The operator is required to maintain documentation that the monthly monitoring and annual tightness test were conducted, including the respective numbers. A copy of the documentation will be required at permit renewal, as well as at the annual tank inspection which is conducted by Commerce personnel or agents contracted by the department.

Public Used Oil Collection
Sites which allow do-it-yourselfers to dispose of used oil have additional requirements (Comm 10.33 and NR 590.22).

• fill opening located in waterproof enclosure with screen to prevent passage of solid objects.
• aboveground tank setback requirements of

NFPA 30 Table 2-6.

• collection area shall be provided with secondary containment to contain spillage during handling and transfer.

Heating with Used Oil
An acceptable method of used oil disposal is by burning the used oil to generate heat; however, certain restrictions apply. This guide addresses the burning of used oil for space heating purposes only.

Regulatory requirements for heating with used oil are structured around the heating device. Chapter Comm 64 of the Building, Heating, Ventilating and Air Conditioning Code is the primary code addressing the heating device. Comm 10 compliments Comm 64 as a secondary reference only for those used oils regulated under Comm 10. Used oils such as: hydraulic oils, cutting oils, or cooking oils are not typically regulated by Comm 10.

Burning of used engine or industrial oil, or used cooking oil, is allowed only by the generator. A facility burning used oil to produce space heat can not collect used oil from other sources outside the facility. The following items apply:

• the heating device must be listed for crank case or used motor oil,
• the heating device and tank must have local plan approval (by the authority conducting structure, plan review) prior to installation,
• the building must already have a code-complying previously approved heating system,
• the storage tank must be listed for the product classification and use,
• the used oil heating unit is self-contained and provides heat directly to the space proximity by gravity or fan circulation,
• tank standards in compliance with NFPA 31 apply. Note: tanks located outside and greater than a 660 gallon capacity are required to be provided with secondary containment,
• tank size limitations and fire rated isolation requirements of NFPA 31 apply, and
• burning of used oil for space heating is limited to service garages, storage garages, aircraft hangers, and factories. Used edible oil may be burned for space heating in dining facilities where oil burning is permitted under the limitations given in Chapter 64, Table 64-21, of the building code.

Installation or Closure of Used Oil Tanks
Activities which include the installation, upgrade, or closure of underground or aboveground storage tanks must be under the supervision of an Comm 10 certified contractor. While the owner remains the responsible party, the contractor should be able to provide the owner with the appropriate forms for documenting the installation, upgrade, or closure and provide assistance in completing the documentation. It is very important that the registration and permit data be current and accurate. Inaccurate information frequently results in unnecessary problems with lenders, realtors, insurers, and regulatory officials. Closure includes the proper safety measures, tank cleaning, disposal of residue and tank, closure site assessment, and documentation.

If used oil is stored in drums/barrels, how many drums can be stored at one location?
The number of drums that a facility may store is related to the fire rating, square footage, and automatic fire sprinkler protection of the room where they are stored. Refer to NFPA 30-4-4.

NFPA 31 requires that the fill and vent for heating oil tanks terminate outside the building. The risks of spillage from carrying small quantities of used oil through the building, to pour into a fill pipe on the outside of the building appear to be significant.
It is acceptable to have the fill point directly at the tank. The fill point must be sealed except when transfer is taking place.

If I am placing the used oil storage tank inside a building, what considerations must I have?
Fire hazard and fire exposure are the main concerns. Considerations must include the setback from property line and public-way, fire rating of adjacent wall(s), ventilation, and spill control. Refer to NFPA 30-2-5 & Comm 51.08.

Are used oil storage tanks allowed in basements?
Yes. However, the tanks are limited to a 660 gallon capacity, with total aggregate not to exceed 1,320 gallons unless a 2-hour fire rated separation is provided for each 660 gallon capacity.

Do tanks inside buildings need containment?
Yes, but not necessarily a dike. NFPA 30-2-5.2.3 requires that liquid spills be prevented from running into basements. NFPA 30-2-5.4 requires containment to isolate spill to the room where stored via 4-inch curb or equivalent provision, or to direct the spill to a controlled site.

When is used hydraulic or other used industrial oils regulated under Comm 10?
Typically, hydraulic or industrial used oils are considered outside of the scope of Comm 10. They will fall under the scope of Comm 10 when commingled with used engine oil or other products which are regulated by Comm 10.

Will a double wall tank meet the requirements for secondary containment at a public collection point?
No. A double wall tank will meet the technical requirements for containment of the primary tank, but will not provide containment of spillage that is inherent at a public collection point. A dike must be provided to collect spillage associated with transfer of product by the public.

Is the vent from a used oil tank required to terminate outside the building?
Yes. Vents from tanks storing Class I, II, or IIIA liquids are required to terminate outside the building. Comm 10 classifies used motor oil IIIA.

Class IIIB liquids are not required to terminate outside the building under the fire code. However, the potential for question of health and safety issue relating to vapors emitted into a work area are important considerations when designing a system.

Addendum
Modification to federal rule - corrosion protection