Motor Oil Recycling

You wanted to know the scope of the pollution problem caused by discarded motor oil. You asked for a description of motor oil recycling programs, their advantages and disadvantages, and recommendations for a Connecticut program, including the costs.

Connecticut requires municipalities to collect and recycle used motor oil. The Department of Environmental Protection (DEP) keeps track of the amount of waste oil towns collect, but does not know how much oil is improperly disposed of. It is therefore difficult to estimate the extent of motor oil pollution in the state.

Used oil management programs vary among the 50 states. Some states treat used oil as a hazardous waste; others as part of their solid waste management program.

Studies indicate that the most effective strategies to increase motor oil recycling and decrease improper disposal include increased outreach to people who change and dispose of their own oil (“do-it-yourselfers”); convenient collection locations; and paying do-it-yourselfers for the waste oil they return.

The state could decide to bolster its used oil recycling program by expanding outreach to do-it-yourselfers, using some of the strategies suggested in a California study we will discuss below, or it could consider the more ambitious programs recommended by the American Petroleum Institute (API) and the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), also described below.

However, it would seem an essential first step would be to determine if the used motor oil pollution problem in Connecticut warrants expanding the recycling program. Such a study might require additional funding, additional DEP staff time, or both.

The Office of Fiscal Analysis can comment on any costs that DEP would incur involving such a recycling program.

Motor oil is used as a lubricant in motor vehicle engines. The U. S. Environmental Protection Agency (EPA) does not consider uncontaminated used motor oil a hazardous waste if it is recycled for use as a lubricant or a fuel. However, improperly disposed motor oil can contaminate the soil and surface and drinking water. According to “Earth 911”, a business-sponsored nationwide environmental information center, one gallon of motor oil can:

• create an oil slick on surface water up to eight acres in size;

• contaminate one million gallons of freshwater (a year’s supply of water for 50 people; or

• render four acres of soil unusable for planting for decades.

EPA has promulgated used oil management standards for oil generators (including machine shops, service stations and “quick lube” businesses, such as “Jiffy Lube”), transporters, processors and re-refiners, but these standards do not apply to do-it-yourselfers. It is not known how many Connecticut do-it-yourselfers recycle used oil and how many improperly dispose of it by dumping it on the ground, pouring it down storm drains, or putting it in the trash.

It is difficult to quantify the scope of the used motor oil pollution problem in Connecticut. There are a large number of do-it-yourselfers, and DEP says it cannot track the many isolated instances where a do-it-yourselfer may improperly dispose of used motor oil. Some national figures may provide some idea of the scope of the problem.

• According to a Bureau of Transportation Statistics survey, about 5% of the 43 million people who change their own oil (or 2. 3 million people) dispose of the waste oil improperly.

• The U. S. generates about 1. 3 billion gallons of used motor oil each year, of which an estimated 180 million to 200 million gallons is disposed of improperly (many times the 11 million gallons the Exxon Valdez spilled in 1989); and

• One study estimated that used motor oil causes about 40% of the pollution in U. S. waterways.

State law requires each town to collect waste oil, including used motor oil, for reuse or recycling (CGS § 22a-220a and Conn. Agency Regs. § 22a-241b-2). Towns may set up a collection point at a transfer station or town garage. In some towns, a private garage or service station may collect the waste oil. Towns must submit an annual recycling report to DEP that includes the amount of waste oil collected from residents. According to DEP, towns collected 2,020 tons of waste oil in 2002, the last year for which complete figures are available. This amount does not generally include waste oil recycled by businesses, and does not include waste oil recycled by garages, or oil-changing facilities.

Different laws regulate oil discharges. DEP permits are required for people in the business of collecting, storing or treating waste oil (CGS § 22a-454) and for anyone who discharges any substance or material into state waters (CGS § 22a-430). The latter law would apparently apply to a do-it-yourselfer who dumped waste oil into a storm drain or sewer. In addition, the law requires the operator of any “vehicle, trailer, or other machine” to immediately notify DEP of any accidental or negligently-caused oil spill that poses a potential threat to human health or the environment (CGS § 22a-450). Anyone who fails to report such a spill faces a $ 1,000 fine. In practice, however, DEP seldom learns about improper disposal by do-it-yourselfers unless it receives a complaint.

Although DEP tracks how much oil is recycled, it does not know how much waste oil is disposed of improperly. DEP’s Tom Metzner says the department has received anecdotal reports of people pouring used oil down storm drains, but does not know the extent of the problem.

An association of state solid waste managers and the American Petroleum Institute (API) have each recommended ways to create and improve motor oil recycling programs. In addition, California has studied ways to improve its motor oil recycling rate. We summarize these below.

Criteria Recommended By The Association Of State And Territorial Solid Waste Management Officials

Used oil management programs vary among the 50 states. Some states treat used oil as a hazardous waste; others as part of their solid waste management program. According to the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), the critical elements of a successful used oil recycling program include:

1. continuous funding or budget allocations;

2. conveniently located collection centers;

3. adequate staff and management;

4. grants to collection centers, and for public education;

5. a liability waiver for collection centers;

6. paying do-it-yourselfers for each gallon of used oil they recycle;

7. strictly enforced regulations addressing improper disposal; and

8. a good relationship with used oil businesses (recyclers, transporters, service stations) in the state.

Some of these elements are present in Connecticut at the local level. Each town must have a collection center, and the towns, not the state, are responsible for funding and staffing them. The state did provide grants to towns to implement the recycling program, but those funds have long since been spent. Metzner says the state does not indemnify

collection centers from liability from spills, nor does it reimburse do-it-yourselfers for each gallon of waste oil they recycle. DEP does not dedicate any of its recycling staff specifically to the used oil program.

In 1994, API published model legislation for a motor oil recycling program. The “Used Oil Collection Act” has been adopted by 17 states. We have attached a copy of the legislation. Among other things, the act would create a Used Oil Collection Fund to:

1. establish and maintain public used oil collection facilities and programs;

2. develop management standards for used oil collectors, transporters, and recyclers; and

3. develop education programs to encourage the public to dispose of oil properly.

The model legislation leaves the source of funding for the Collection Fund up to the individual states. Some states levy a fee on the retail sale of motor oil.

The model act authorizes the state agency that administers the program to award grants, subsidies or loans for the creation of collection centers or for curbside collection. The act authorizes collection centers to accept up to five gallons per person per day. It requires collection centers to be certified, meet minimum standards, and report annually to the state. It indemnifies or limits the liability of centers that meet certain criteria from costs arising from oil that is unsuitable for recycling, and from spills and contamination.

The act also sets standards for transporters and recyclers and makes it illegal for people to dispose of used oil improperly and to mix oil with hazardous substances. It requires retail sellers of motor oil to notify customers about proper disposal techniques and provide a toll-free motor oil disposal information number.

Since 1987 it is has been illegal in California to dispose of used oil in sewers, drainage systems, surface, ground or marine waters, by residential burning, onto the land, or in the trash. The 1991 Oil

Recycling Enhancement Act assigned the California Integrated Waste Management Board (CIWMB) to establish local collection programs, discourage illegal oil disposal and promote recycling.

California has certified more than 2,700 used oil collection centers, which must comply with specific guidelines. Oil manufacturers must pay the CIWMB four cents for every quart of oil sold, transferred or imported for use in that state. These revenues are deposited in the California Used Oil Recycling Fund, and are available to pay an incentive of at least 4 cents per quart to members of the public who bring used motor oil to the collection centers. The CIWMB provides grants to local governments for used oil collection and education program, and works with the state motor vehicle department to promote recycling.

In 2002, the CIWMB conducted a study to learn more about do-it-yourselfers and how to educate them about recycling. The study estimated that about one in five do-it-yourselfers disposed of used oil improperly. Researchers also said convenience is a major factor in recycling rates. Do-it-yourselfers living more than three miles of a collection center were the most likely to dispose improperly. Curbside collection, the most convenient collection method, had a very high recycling rate. Only two percent of those who had a curbside recycling program reported using other methods of disposal.

The study recommended increased outreach to do-it-yourselfers through radio ads, signs, and at events likely to be attended by do-it-yourselfers, such as sporting events, car races and automobile shows. It recommended special outreach to recent immigrant groups unfamiliar with proper disposal methods. It also recommended that localities reconsider curbside pickup programs.


October 19, 2004		2004-R-0790
MOTOR OIL RECYCLING

By: Paul Frisman, Associate Analyst