A question 09.28.20:

Hi Daniel,

I have inquired with you in the past and I am hoping you would be willing to help me again.
I have 55 gallon oil drums (used oil) in a few locations around my facility. I am having a hard time finding if these containers need to be on secondary containment or not. What is your input?
Thanks,

My reply that same day:

Please see below.

• The regulations of the U.S. Environmental Protection Agency (USEPA) for the management of used oil are found in 40 CFR 279.
• In sum, the USEPA regulations allow for the management of used oil subject to less regulation than hazardous waste even if it exhibits a hazardous waste characteristic. To obtain this “de-regulation” the used oil must meet specific criteria and be destined for fuel-blending or recycling.

Read: The Management of Used Oil

• The USEPA used oil regulations do not contain a requirement for the generator to accumulate containers or tanks in secondary containment. However, the regulations of a state (you are in Washington) can be more stringent and more broad than those of the USEPA.
• On its website the State of Washington Department of Ecology recommends but does not require secondary containment for used oil generators.

State of Washington Dept. of Ecology: Rules for Used Oil Generators

• On-site quantities of oil (waste and product) above threshold amounts are subject to regulation under the Clean Water Act at 40 CFR 110 & 112. These regulations – known as Spill Prevention Control and Countermeasure (SPCC) – may require secondary containment or some other form of spill containment and control measures.
• If required, secondary containment can be the building envelope itself.

Question: Would there be a release to the environment if a drum of oil leaked its entire contents in a short period of time?

“No”? then likely you have secondary containment.

“Yes”, there’s a floor drain nearby? then you don’t have secondary containment.

I hope this helps. Please contact me with any other questions.