Frequent Questions

Does the 40 CFR §265.173(a) requirement to keep a container closed during storage, except when it is necessary to add or remove waste, also apply to containers which accumulate used oil?

A used oil generator storing used oil in containers does not need to comply with 40 CFR Parts 264/265, Subpart I, provided the used oil has not been mixed with a hazardous waste (Monthly Call Center Report Question; September 1997 (RCRA Online #14118)). Containers used to store used oil at generator facilities must be in good condition (no severe rusting, apparent structural defects or deterioration) and not leaking (no visible leaks) (§279.22(b)).

The guidance document referenced above is available at the RCRA Online database.

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