Used Oil Regulations
made under Section 84 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 95-290 (effective April 11, 1995), N.S. Reg. 51/1995
amended to O.I.C. 2019-29 (effective January 1, 2020), N.S. Reg. 25/2019
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Administrator
Designation
Limitations on sale, transfer or use
Approvals
Used oil storage facility
Approval renewal
Contaminated used oil
Dilution of contaminated used oil
Prohibition against adding substances
Used oil as a fuel source
Land application of used oil/contaminated used oil
Effective date
Schedule “A” - Contaminated Used Oil Limits
Citation
1 These regulations may be cited as the Used Oil Regulations.
Definitions
2 In these regulations
“Act” means the Environment Act;
“Administrator” means a person appointed by the Minister, and includes an acting
Administrator;
“contaminated used oil” means used oil that
(i) has a flash point less than 38oC, or
(ii) contains any of the substances listed in Column I of Schedule “A” in
a concentration in excess of the limit stated in Column II of Schedule
“A”;
“crankcase oil” means internal combustion engine crankcase oil;
“Department” means the Department of Environment;
“extension” means an increase in size, volume or production capacity of a facility
such that the increase may cause an adverse effect if not properly mitigated;
“inspector” means an inspector appointed pursuant to Section 21 of the Act;
“Minister” means the Minister of Environment;
“modification” means an alteration to a facility whereby a new structure or
equipment is added or an existing structure or equipment is eliminated and the
alterations do not change the purpose or function of the facility;
“organic halogen compound” means an organic chemical compound in which one
or more halogen elements are incorporated;
“polychlorinated biphenyls” or “PCBs” means chlorobiphenyls that have the
molecular formula C12H10-nCln in which “n” is greater than 2;
“return collection facility” means a return collection facility as defined in Section
18R of the Solid Waste-Resource Management Regulations made under the Act;
“used oil” means petroleum or synthetic lubrication oils, hydraulic fluids, metal
working fluids and insulating fluids which have been used and are no longer
suitable for their original purpose, but are suitable for other uses, including
re-refining or other uses that are considered acceptable to the Minister;
“used oil collector” means a person who holds a valid Used Oil Collector’s
Approval;
“Used Oil Collector’s Approval” means an approval issued pursuant to Section 6
of these regulations;
“used oil furnace” means a furnace specifically designed for the combustion of
used oil;
“used oil storage facility” means a facility that is owned, occupied, operated, leased
or used by a used oil collector and is approved by the Department for the storage of
used oil and includes all storage tanks, loading and unloading areas, used oil
transport vehicle parking areas and all used oil or waste processing and treatment
equipment.
Administrator
3 The Minister may appoint an Administrator to administer these regulations.
Designation
4 For the purpose of the Act and these regulations, used oil is designated as dangerous
goods.
Limitations on sale, transfer or use
5 (1) Except as provided in Section 13, no person shall sell, offer for sale, transfer, use
or otherwise dispose of used oil to any person who is not a used oil collector or to
any facility that is not a return collection facility unless
(a) that person has a representative sample of the used oil analyzed at a
laboratory for the contaminants listed in Column I of Schedule “A”;
(b) that person obtains a certificate respecting the analysis from the laboratory;
and
(c) the certificate confirms that the used oil is not contaminated used oil.
(2) The certificate referred to in clause (1)(b) shall be kept by the person described in
subsection (1) for a minimum period of 2 years from the date of the certificate.
(3) No person shall fail to produce or provide a copy of a certificate referred to in
clause (1)(b) when requested by an inspector or an Administrator.
(4) A person described [to] in subsection (1) shall maintain a record of
(a) the volume of any used oil sold, transferred, used or disposed of;
(b) the date of sale, transfer or disposition;
(c) the person to whom the used oil was sold, transferred or disposed; and
(d) shall keep records referred to in clauses (a), (b) and (c) for a minimum
period of 2 years from the date of the sale, transfer or disposition.
(5) For the purpose of these regulations, when mixtures of used oil containing
immiscible substances are subject to an analysis referred to in subsection (1), the
analysis shall be conducted on the used oil fraction.
Approvals
6 (1) No person shall
(a) [repealed]
(b) carry on the business of used oil collection;
(c) hold themselves out as a used oil collector; or
(d) provide the services of a used oil collector,
unless that person is issued an approval under these regulations.
(2) Subject to the Approvals Procedure Regulations, an Administrator may issue a
Used Oil Collector’s Approval to a person who applies to the Department.
(3) A Used Oil Collector’s Approval entitles the holder to acquire or otherwise collect
used oil and contaminated used oil whether or not it has been analyzed.
(4) Despite subsection (1), during an unauthorized release, an impending unauthorized
release or an environmental emergency involving used oil, an inspector or an
Administrator may authorize any person to collect, transport or store used oil for a
period not to exceed 30 days.
(5) Prior to January 31 of each year, a used oil collector shall
(a) provide a written report to an Administrator which documents the quantity
and distribution of used oil collected during the previous calendar year; and
(b) provide an estimate of the quantity of used oil in storage at the used oil
storage facility on the last day of the previous calendar year.
Used oil storage facility
7 (1) Approval to operate a used oil storage facility shall not be issued until the used oil
storage facility has been inspected and approved in writing by an inspector or an
Administrator.
(2) No extension or modification shall be made to a used oil storage facility unless an
amendment is obtained to the existing approval.
Approval renewal
8 (1) Unless otherwise agreed in writing by an Administrator, an approval or a renewal
thereof shall expire on December 31 of the year of issuance.
(2) An Administrator may renew an approval issued under these regulations provided
a used oil collector has complied with the Act, the regulations and the terms and
conditions contained in the approval.
Contaminated used oil
9 (1) No person shall sell, offer for sale, transfer, use or otherwise dispose of
contaminated used oil to a person other than a used oil collector.
(2) Except as provided in the Act, the regulations or the written approval of an
Administrator, no person, including a used oil collector, shall use or dispose of
contaminated used oil.
(3) No person, including a used oil collector, shall possess contaminated used oil
unless within 7 days of receipt of the certification of laboratory analysis that the oil
is contaminated, that person completes a form prescribed by the Administrator and
forwards it to an Administrator.
Dilution of contaminated used oil
10 Without the prior written approval of an Administrator no person shall dilute
contaminated used oil that contains PCBs or organic halogen compounds in excess of
the maximum allowable concentrations prescribed in Column II of Schedule “A”.
Prohibition against adding substances
11 Without the prior written approval of an Administrator, no person shall
(a) add any substance to used oil or contaminated used oil for the purpose of
disposal of that substance; or
(b) suggest, encourage or advise other persons to add any substance to used oil
or contaminated used oil for the purpose of disposal of that substance.
12 [repealed]
Used oil as a fuel source
13 (1) Except as authorized by these regulations, no person shall burn used oil.
(2) Subject to subsection (3), used oil may be burned provided
(a) the used oil is not contaminated used oil and this is verified by a certificate
respecting the analysis from a laboratory;
(b) an Administrator has been notified at least 30 days prior to the
commencement of the burning;
(c) prior written approval is given by the Administrator; and
(d) prior to January 31st of each year, a person who burns used oil shall
complete and submit a written report to the Administrator which includes
information respecting the volume of used oil burned during the previous
calendar year.
(3) Subsection (2) does not apply to a person who burns used crankcase oil in a used
oil furnace provided
(a) the person notifies an Administrator; and
(b) the used crankcase oil
(i) is used crankcase oil produced as the result of vehicle oil changes,
and
(ii) does not originate from a used oil storage facility or a return
collection facility.
(4) If before October 1, 2012, a person registered their use of crankcase oil in a used
oil furnace with an Administrator, the person is deemed to have notified an
Administrator under clause (3)(a).
Land application of used oil/contaminated used oil
14 No person shall apply used oil or contaminated used oil to a public or private highway,
road, lane, trail, bridge, parking area or any land for any purpose including dust
suppression.
Effective date
15 These regulations shall come into effect on, from and after April 11, 1995.
________________________________________________________________
Schedule “A” - Contaminated Used Oil Limits
Column I Column II
Substance Maximum Allowable Concentration
1. polychlorinated biphenyls 5 mg per kg
2. total organic halogens as chlorine 1000mg per kg
3. cadmium 2 mg per kg
4. chromium 10 mg per kg
5. lead 100 mg per kg
Legislative History
Reference Tables
Used Oil Regulations
|
N.S. Reg.
51/1995
|
Environment Act
|
Note: The information
in these tables does not form part of the regulations and is compiled by the
Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Used Oil Regulations made under the Environment Act includes all of the following regulations:
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51/1995
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Apr 11, 1995 |
date specified |
May 5, 1995 |
179/1996 |
Dec 17, 1996 |
date specified |
Jan 3, 1997 |
15/2013 |
Jan 22, 2013 |
date specified |
Feb 8, 2013 |
25/2019 |
Jan 1, 2020 |
date specified |
Mar 1, 2019 |
The
following regulations are not yet in force and are not included in the
current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
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2 ....................................................... |
am. 25/2019 (clause lettering removed) |
2, defn.
of “point of display”....... |
rep. 25/2019
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2, defn.
of “point of sale”............ |
rep. 25/2019
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2, defn.
of “return collection facility”...................................... |
ad. 25/2019
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2, defn.
of “seller”....................... |
rep. 25/2019
|
2, defn.
of “used oil return facility”...................................... |
am. 179/1996; rep. 25/2019
|
5(1) .................................................. |
am. 179/1996, 25/2019 |
6(1)(a) .............................................. |
rep. 179/1996
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9(2)................................................... |
am. 15/2013 |
12...................................................... |
rep. 25/2019
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12(4)(d) ........................................ |
rep. 15/2013
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12(6) ............................................. |
am. 179/1996 |
13(2) ................................................ |
rs. 179/1996 |
13(3) ................................................ |
rs. 179/1996 |
13(3)(a) ....................................... |
am. 15/2013 |
13(3)(b)(ii) .................................. |
am. 25/2019 |
13(4) ................................................ |
rep. 179/1996
ad. 15/2013 |
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
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1 |
The references to the Department and Minister of
Environment in the definitions of “Department”
and “Minister” should be read as references to the Department and Minister of
Environment and Labour in accordance with O.I.C. 2000-484 under the Public Service Act, R.S.N.S. 1989, c.
376. |
Oct. 1, 2000 |
2 |
The references to the Department and
Minister in the definitions of “Department” and “Minister” should be read as references
to the Department and Minister of Environment in accordance with O.I.C.
2008-161 under the Public Service Act,
R.S.N.S. 1989, c. 376. |
Apr 1, 2008 |
3 |
The Approvals Procedure Regulations referred
to in subsection 6(2) are replaced by the Approval
and Notification Procedures Regulations, N.S. Reg. 17/2013.
|
Jan 22, 2013 |
Repealed and Superseded
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212/1988 |
Waste Oil Regulations |
Nov 1, 1988 |
Aug 1, 1990 |
198/1990 |
Used Oil Regulations |
Aug 1, 1990 |
Apr 11, 1995 |
Note: Only
regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of
regulations on this subject matter.