Frequent Questions

If a concrete pad below used oil storage containers becomes stained from used oil, must the generator conduct the appropriate response to release procedures in 40 CFR §279.22(d)?

A spill of used oil onto a containment pad would not be considered a release to the environment subject to the response steps in §279.22(d). Releases to the environment do not include releases within contained areas, such as concrete floors or impervious containment areas, unless the releases go beyond the contained areas (Monthly Call Center Report Question; March 1999 (RCRA Online #14339)).

This memorandum is available in the RCRA Online database.

In addition, except as provided in §279.10(c)(2), materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs of free-flowing oil remain in or on the material are not used oil and thus not subject to Part 279, and if applicable, are subject to the hazardous waste regulations of Parts 124, 260 through 266, 268, and 270.

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