Businesses that generate used oil are used oil generators and are required to manage all used oil appropriately.

Used oil generated in a household, and farmers who generate an average of 25-gallons or less per month of used oil are not subject to the used oil regulations. DNREC recommends that containers used to accumulate used oil are labeled “Used Oil,” and are closed expect when there is a need to add or remove oil. Used oil from exempt generators may be taken to a DSWA Collection Center for recycling. Used oil cannot be placed on the ground or used as a dust suppressant.

Materials contaminated or mixed with used oil are used oil and must be managed per Part 279 of the regulations. If the used oil has been drained or removed from the material so that no visible signs of free-flowing oil remain, then the contaminated material is not used oil and not subject to the used oil regulations. The drained or removed used oil from the material is subject to used oil regulations.

Mixtures of used oil and fuels are subject to the used oil regulations.

Mixtures of used oil and hazardous waste must be managed as hazardous waste.

The used oil regulations presume that used oil containing more than 1,000 parts per million of total halogens has been mixed with listed hazardous waste and therefore must be managed as hazardous waste. This presumption can be rebutted by showing that the used oil does not contain hazardous waste, for example, by use of an analytical test.

Transporters of used oil are required to obtain a Delaware Hazardous Waste Transporter Permit. For more information on transporter permits please contact Tara Grazier at Tara.Grazier@delaware.gov or by calling 302-739-9403.

Generators of used oil may self-transport their used oil without obtaining an EPA identification number /or a Delaware Hazardous Waste Transporter Permit to a collection center or an aggregation point if:

• The used oil is transported in a vehicle owned by the generator or an employee of the generator;
• The generator transports no more than 55-gallons of used oil at any one time;
• The generator transports the used oil to a used oil collection center that is authorized by the state to manage used oil, or to an aggregation point that is owned and/or operated by the same generator; and
• The generator maintains on-site a written record of all shipments of used oil for a minimum of three years.