---
kind: "section"
citation: "40 C.F.R. § 279.22"
title: "40"
number: "279.22"
heading: "Used oil storage."
url: "https://uscodex.org/cfr/40/279.22"
---

# §279.22. Used oil storage.


Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures ([40 CFR part 112](/cfr/40/part112.md)) in addition to the requirements of this Subpart. Used oil generators are also subject to the Underground Storage Tank ([40 CFR part 280](/cfr/40/part280.md)) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subpart.

- (a) **Storage units.** Used oil generators shall not store used oil in units other than tanks, containers, or units subject to regulation under parts [264](/cfr/40/part264.md) or [265](/cfr/40/part265.md) of this chapter.
- (b) **Condition of units.** Containers and aboveground tanks used to store used oil at generator facilities must be:
  - (1) In good condition (no severe rusting, apparent structural defects or deterioration); and
  - (2) **Not leaking (no visible leaks).**
- (c) **Labels.**
  - (1) Containers and aboveground tanks used to store used oil at generator facilities must be labeled or marked clearly with the words “Used Oil.”
  - (2) Fill pipes used to transfer used oil into underground storage tanks at generator facilities must be labeled or marked clearly with the words “Used Oil.”
- (d) **Response to releases.** Upon detection of a release of used oil to the environment that is not subject to the requirements of [part 280](/cfr/40/part280.md), [subpart F](/cfr/40/subpartF.md) of this chapter and which has occurred after the effective date of the recycled used oil management program in effect in the State in which the release is located, a generator must perform the following cleanup steps:
  - (1) Stop the release;
  - (2) Contain the released used oil;
  - (3) Clean up and manage properly the released used oil and other materials; and
  - (4) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

## Notes

### Amendments

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 63 FR 24969, May 6, 1998]

### Authority

Authority: Sections 1006, 2002(a), 3001 through 3007, 3010, 3014, and 7004 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and 9614(c)).

### Source

Source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted.

### Amendments

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 63 FR 24969, May 6, 1998]