EPA/530-SW-87-012
                     QUESTIONS  AND ANSWERS  REGARDING

                            THE JULY 14,  1986

                       HAZARDOUS WASTE TANK SYSTEM

                          REGULATORY AMENDMENTS
Contact:      The RCRA Hotline at (800) 424-9346 or
                               - (202) 382-3000
             or
             Chester J. Oszman Jr.
             AB/PSPD (WH-563)
             Office of Solid Waste
             U.S. Environmental Protection Agency
             401 M Street, S.W.
             Washington, D.C.  20460
             (202) 382-4499
                               OCTOBER  1987

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                                      OSWER Policy Directive #9483.00-3
,"•?"'                  DISCLAIMER

This report was prepared under contract to an agency of the United
States Government,  Neither the United States Government nor any of
its employees, contractors, subcontractors, or their employees makes
any warranty, expressed or implied, or assumes any legal-liability
or responsibility for any third party's use of or the results of
such use of any information, apparatus, prcjduct, or process disclosed
in this report, or represents that its use'by such third party would
not infringe on privately owned rights.

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                                          OSWER Policy Directive #9483.00-3

                            TABLE OF CONTENTS

                                                                         Page

INTRODUCTION

I.  SCOPE AND APPLICABILITY

  1.  Promulgation and Effective Dates 	   I~
  2.  Who is affected by the July 14, 1986 amendments?
   5.   How would  interim  status  and  90-day accumulation tanks
       be  regulated if  they  are  installed between  July 14,  19!
       and the  effective  date  of the new tank  regulations?  ..

   6.   How does the July  14, 1986 hazardous  waste  tank system
       rule relate to other rules affecting tanks?
   7.   What types of tank systems qualify for the closed-loop
       recycling exclusion and how should releases from these
       tanks be handled?
                                                                         1-1
  3.  What accumulation limitations apply to generators of
      between 100 and 1,000 kg/month of hazardous waste? 	

  4.  What is the status of the tanks at a new facility if a
      RCRA permit is issued by EPA and an authorized State
      after July 14, 1986 but before the effective date of               _^
      the Federal regulations? 	•	
                                                                          1-5
 II.  TANK INTEGRITY ASSESSMENTS /LEAK TESTS

   1 .  What existing tank systems must be tested for structural
       integrity and when must they be tested? ........................

   2.  Does a facility with existing tank systems that is
       scheduled to receive a RCRA permit after 1/12/87 but
       before 1/12/88 have to supply a written assessment before
       it receives the permit or can the facility wait until
       1/12/88 to complete the required assessment? ....... • ..... ......

   3.  What must the initial assessment of an existing tank
       system's integrity determine and consider?  .....................

   4.  After the initial assessment, what must the  subsequent
       integrity assessments of  tank systems without secondary
       containment include and when must the assessments be                ^^
       conducted? ............................................. " * ......

    5.  Who may perform and certify the  initial tank system
       integrity assessment  and  who may perform  subsequent                ^^
       assessments?  ............................. • ............ " ........

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                                        OSWER Policy Directive  #9483.00-3
                      TABLE  OF  CONTENTS  (continued)
                                                                         Page

  6.  Where  must  a  record  of the  initial integrity assessment
     and  any subsequent leak tests  or integrity assessments be
     maintained?	• • • •	   TI-4

  7.  Does the .independent,  qualified, registered, professional
     engineer or other certifying professional have to use
     the  certification verbatim  as  written in Section 270.11(d)? ....   II-4

  8.  To what extent can previous inspections or leak tests be
     used in providing initial assessments for existing tank
     systems? 	• • • *	   IJ-~5

  9.  Where  the owner/operator  cannot inspect the bottom of a
      tank (e.g., existing flat-bottom tank sitting on a con-
      create pad),  is an inspection of the visible portions
      of the tank a satisfactory  method  for detecting leaks
      and  corrosion under  40 CFR  264.195 and 265.195? 	. •   H-6

HI.   MINIMUM DESIGN REQUIREMENTS FOR NEW TANK SYSTEMS

  1.   What design considerations  must be followed for
      new tank systems?	   III-1

  2.   What installation procedures must be followed for
                                                                         -TTT_ O
      new tank systems?	^  *~>~L

IV,  SECONDARY CONTAINMENT/VARIANCE PROCEDURE

  1.  What tanks and ancillary equipment must have secondary
      containment and when  must  secondary containment be provided?  ...   IV-1

  2.  What requirements apply  to the  design, installation,  and
      operation  of  secondary containment systems?  	   IV-2

  3.  Can an owner  or  operator receive  a variance  from
      the secondary containment  requirement?  	«	   IV-4

  4.  What  are "temporary tanks" and  are the secondary  contain-
      ment  requirements applicable?  	•	   IV-6

  5.  Is  secondary containment required for  pressurized
      aboveground  piping  systems that are  provided with
      automatic  shut-off  devices?	• • • •   IV-7

V.   OPERATING REQUIREMENTS  AND RESPONSES TO LEAKS

   1.  What  are the operating requirements  for  owners and
      operators  of tank systems?	   V-1

   2.  What  portions of the  tank  system  must the owner or
      operator inspect and  how often must these inspections occur?  ...   V-1

                                  - iii  -

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                                            OSWER Policy Directive #9483.00-3
                          TABLE OF CONTENTS (continued)

                                                                             Page
      3.  What procedures must an owner or operator follow in
          response to a leaking or unfit-for-use tank system? 	   V-2

      4.  What must an owner or operator do to notify the EPA
          of a release from a tank system? 	•   v~2

      5.  What must an owner or operator do to return a leaking
          tank system to service? 	   v~3

      6.  What special requirements apply to the management of
          ignitable or reactive wastes? 	•	••••   v~4

      7   What special requirements apply to the management of
          incompatible wastes?  	 	   v~4

      8.  When must waste analyses and trial tests be conducted?	   V-5

    VI.  CLOSURE AND POST-CLOSURE CARE

'      1.  When must an owner or operator close a tank  system?  	   VI-1
i
1      2.  What "general procedures must be followed by  an owner
          or operator when  closing a  tank system?	   .VI-1

      3.  What information  must be contained in the  closure plan
          and cost estimate for closing a tank system?  	......   VI-2

      4.  When must an owner or operator prepare contingent
          closure  and post-closure plans for closure as a  landfill
          and what information must these contingent plans contain?  ......   VI-3

      5.  When must an owner or operator close a tank  system as
          a landfill?	* * • • •   VI~4

      6.  If a tank system  is  closed  as a  landfill,  what procedures
          must be  followed?	'	   VI~4

      7.  If an  owner/operator plans  to install  secondary  containment
          per  the  schedule  in  §§264.193(a)  or  265.193(a),  must the
          owner/operator prepare  the  contingent  closure and  contingent
          post-closure plans?  	   VI~5

     APPENDIX A


       1.   Technical and  Guidance Materials Concerning Tank
           System Management 	   A"~1
                                       - xv -

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                                        OSWER.Policy Directive #9483.00-3
                               INTRODUCTION

     The U.S. Environmental Protection Agency (EPA) has recently made
significant changes to its regulatory program for hazardous waste tank
systems.  These changes include many new requirements for owners and
operators.  This document is intended to provide answers to many,of the
questions that are likely to arise concerning compliance with the new
requirements.  In addition, the "Technical Resource Document for the
Storage and Treatment of Hazardous Waste in Tanks Systems," 12/86, NTIS,
PB #87-134391, (703) 487-4650, $36.95, provides guidance relating to the
technical requirements for tank systems.

     The questions and answers listed below do not include all of the
implementation issues or permitting questions that may arise.  In addition,
this document is not intended to dictate a single response to any given
situation.  The appropriate permitting authority (EPA Regional Offices or
authorized States) will make many decisions regarding implementation of the
tank rule on a case-by-case basis.  The opinions, findings, and conclusions
expressed here are based on the best information currently available.  As
new data and information are obtained, this document may be revised to
reflect the experience with implementation and permitting issues.

     Some issues concerning the tank system regulatory amendments that
are not discussed in this document, will be discussed in an upcoming
Federal Register notice.  The notice will provide clarifications
regarding:

    (1)  Interpreting the regulatory meaning of welded flanges;

    (2)  Determining the applicability of secondary containment to
         compression joints, PVC pipe, etc.; and

    (3)  Determining the applicability of sealless valves.

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                                        OSWER Policy Directive #9483.00-3
I.  SCOPE AND APPLICABILITY

1.  Promulgation and Effective Dates.

     On July 14, 1986 (51 FR 25422), EPA promulgated amendments to the
regulations for tank systems accumulating, storing or treating hazardous
waste.  These rules establish technical standards and operating procedures
for the owners and operators (o/o) of permitted, interim status, 90-day
accumulation and small quantity generator tank systems.1  In general, the
amendments took effect on January 12, 1987.2  There are two exceptions to
this effective date.  First, the exclusions for reclaimed secondary materials
returned to the original process, became effective on July 14, 1986.3
Second, generators of between 100 and 1,000 kg/month of hazardous waste who
accumulate the waste in quantities exceeding 6,000 kg or accumulate waste for
more than 180 days (or for more than 270 days if the waste is shipped over
200 miles for disposal) became subject to all of the regulatory amendments on
March 24, 1987.

2.  Who is affected by the July 14, 1986 regulatory amendments?

     Not all owners and operators of facilities that use tank systems for
storing or treating hazardous waste will be immediately affected by the
July 14 tank rule.  The criteria to determine a compliance schedule for any
particular facility is dependent on (1) the type of tank system at the
facility, (2) the RCRA authorization status of the host State, and (3) the
RCRA permit status of the facility  (or unit).

     Two procedural aspects of the regulation will need to be carefully ,
addressed.  First, certain portions of the July 14 rule were promulgated
pursuant to authority under the Resource Conservation and Recovery Act (RCRA),
while other portions were promulgated pursuant to provisions added by.the
Hazardous and Solid Waste Amendments of 1984 (HSWA).  This "two authority"
promulgation is potentially confusing in regulating different types of
facilities in authorized and unauthorized States.  Second, the concept of
existing and new tank systems being defined by the July 14, 1986 promulgation
date is different than the established system for defining existing and new
facilities for purposes of determining eligibility for interim status.

     HSWA-Provisions
     The sections of the tank rule which are promulgated pursuant to HSWA
authorities are the following:
      1.   "Small quantity generators" refer  to generators of  100 to
 1,000 kg/month of hazardous waste  (see page 1-3).

      2.   The  technical amendments  revise 40 CFR  Parts  260, 261, 264,
 265,  270, and 271.

      3.   See  40 CFR  261.4(a)(8)
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                                        OSWER Policy Directive  #9483.00.3
     0  interim status requirements applicable to tank systems
       owned and operated by small quantity generators
       (Section 3001(d));

     0  leak detection requirements for all new underground
       tank systems (Section 3004(o)(4));  and

     0  technical and permitting standards  for underground
       tanks that cannot be entered for inspection
       (Section 3004(w)).

These provisions are effective on the effective dates described in Section 1
above in all States, regardless of the authorization status.  (For these
provisions States must modify their programs by July 1, 1989 (see 40 CPR
271.21(e)(2)(iii))).  Until a State is authorized, tanks in these categories
must comply with the Federal regulations and with any applicable State
requirements.

     Pre-HSWA Provisions

     All sections of the July 14  tank rule when applied.to aboveground,
onground, inground, and  underground  (those that can be entered for
inspection) tank systems are promulgated pursuant to RCRA (or Pre-HSWA)
authorities.  Tank systems  in these categories, which are located in
unauthorized  States, must meet all Federal requirements upon the effective
date of the regulations.  Tanks in these categories  in authorized States
are not required to  comply  with today's rule until such time as the
authorized  State amends  its rule  (by  July, 1988 or 1989;  see 40 CFR
271.21(e))

     Definitions
      A "tank system"  includes  a hazardous  waste  storage  or  treatment tank
 and its ancillary equipment and secondary  containment system.   "Ancillary
 equipment"  means  any  device including,  but not limited to devices  such as
 piping, fittings, flanges,  valves,  and  pumps,  that are used to distribute,
 meter, or control the flow of  hazardous waste  from its point of generation
 to a storage or treatment tank, between hazardous waste  storage or treatment
 tanks to a point of disposal onsite,  or to a point of shipment for disposal
 off-site.  Tanks  and  ancillary equipment are all "components"  of a tank
 system.

      Exceptions and Limitations

      There are several exceptions and limitations to the general require-
 ments for hazardous waste tank systems.

      0 Tank systems that are used to store or treat hazardous waste
        which contains no free liquids4 and that are situated on an
        impermeable floor, and tank systems, including sumps, that
      4.  To demonstrate the absence of free liquids, EPA Method 9095  (Paint
 Filter Liquids Test) must be used (as described in EPA Publication No. SW-846)
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                                        OSWER Policy Directive #9483.00-3
     0  serve as part of a secondary containment system are exempt from
       the requirements to have secondary containment.-3

     0  Tank systems used to manage recycled materials in a closed-loop
       recycling svstem6 where secondary materials are returned to the
       original process and tank systems used as totally enclosed,
       wastewater treatment, elementary neutralization or emergency
       units (as defined in 40 CFR 260.10)7 are exempt from the hazardous
       waste tank system standards.

     0  Only limited requirements, will apply to generators of between
       100 and 1,000 kg/month of hazardous waste.8

     0  Conditionally exempt generators (i.e., less than 100 kg/month)
       are subject to the tank regulations only if accumulation exceeds
       1,000 kg and, after accumulating 1,000 kg, exceeds 180 days.9

     0  Generators may accumulate hazardous waste for less than 90 days
       provided they comply with Part 265, Subparts C, D, and J (except
       §§265.197(c) and 265.200) and comply with §265.16.  The less-
       than-90-day accumulators need not comply with Part 265, Subparts
       G and H (as required in §265.197) except they must comply with
       §§265.111 and 265.114.  In addition, the 90-day accumulation tank
       must be labeled "hazardous waste".10

     0  Generators of acutely hazardous waste11 are subject to the tank
       system requirements only if they generate more than one kg/month
       or a total of more than 100 kg of waste residue or contaminated
       soil from a spill of acutely hazardous waste or if they accumulate
       more than one kg of waste or more than 100 kg of acutely hazardous
       waste residue or contaminated soil.12
     5.  40 CFR 264.190 and 265.190.

     6.  See 40 CFR 261.4(a)(8) for closed-loop recycling and see
40 CFR 261.6 for requirements for other recycled materials.

     7.  40 CFR 261.4(a)(1) and (2); 264.1(g) and 265.1(c); and the Clean
Water Act, Sections 402 and 307(b).

     8.  40 CFR 262.34 and 265.201.

     9.  40 CFR 261.5(g)(2) states "the time period of §262.34(d) for
accumulation of waste on-site begins for the conditionally exempt when
accumulation exceeds 1,000 kg".

     10.  40 CFR 262.34.

     11.  Acutely hazardous waste is defined as F020, F021, F022, F023, F026
and F027 wastes! and wastes listed in 40 CFR 261.33(e).

     12.  40 CFR 261.5(c).

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                                        OSWER Policy Directive #9483.00-3
3.  What accumulation limitations apply to generators of between
    100 and 1,000 kg/month of hazardous waste?

     Generators of between 100 and 1,000 kg/month may accumulate hazardous
waste without meeting the full regulatory requirements for an interim status
accumulation facility for 180 days (or 270 days if the TSDF they ship to is
greater than 200 miles away), provided that:1-3

     o the total amount accumulated is less than 6,000 kg;

     ° the generator complies with Part 265, Subpart C and §265.201
       and the special requirements for contingencies at §262.34(d)(5);
       and

     0 the accumulation tank is  labeled "hazardous waste".

4.  what is the status of the tank systems at  a new TSD facility if a RCRA
    permit is issued by EPA or an authorized State after July  14,  1986
    but befc
                the  effective  date  of  the new Federal  tank system regulations?
      The permit should be written to  incorporate  the  currently effective
 regulations.   For a state-issued permit,  an applicable  requirement  is a state
 statutory or  regulatory requirement which takes effect  prior  to  final
 administraSve disposition^ a permit. 14  However,  §270.32(b)(2)  (see 50  PR
 28742)  requires each permit to contain terms and  conditions as the  State
 Director determines necessary to protect human health and the environment.
 The State Director may incorporate the new tank regulations under  this
 provision, if appropriate or allowed  under State  law.

      When the permit is reviewed (in  10 years or  less)  under  §270.50,  all
 regulations in effect at the time of  the review must be incorporated into
 the reissued permit per §270.32(d) including the  July 14, 1986 tank system
 regulations.   The 15 year age limit phase-in for  secondary containment
 retrofitting for "existing" tank systems would not apply to tank systems    ^
 built after July 14, 1986 because the tank systems are, by definition,   new
 tank systems.15

      Under the current regulations, a permit may be modified, on the basis of
 subsequent regulatory changes, only at the request of the permittee.
 However, EPA proposed a change to this regulation in the March 28, 1986
 Federal Register.   Under  the proposed §270.41(a)(3), permits may be modified
 by EPA or a State when the standards or  regulations on which the permit was
 based have been  changed by statute or amended standards or regulations.
       13.   40 CFR  262.34  and  265.201.

       14.   40 CFR  270.32(c).

       15.   40 CFR  264.193(a)  and 260.10.

       16.   40 CFR  270.41, 270.43 and 124.5.
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                                        OSWER Policy Directive #9483.00-3
5.  How would interim status and 90-day accumulation tank systems be
    regulated if they are installed befeween July 14, 1986 and the effective
    date of the new tank system regulations?

     Before the effective date of the hazardous waste tank system regulatory
amendments, interim status tank systems may be installed (40 CFR 270.72,
changes during interim status) under the regulations for Subpart J in effect
at that time.  However, since these tank systems meet the definition of new
tank systems because they were installed after July 14, 1986, they must
comply with all of the standards for new tank systems on the effective
date.1^  Therefore, if the tank system was installed under the pre-July 14
standards, it must be retrofitted to comply with the new tank system
standards in §265.193 by the effective date (i.e., 1/12/87).  This is only
true if the tank system is located in a State with a federally-run RCRA
program as of January 1987.

6.  How does the July 14, 1986 hazardous waste tank system rule relate to
    other rules affecting tanks?

     On October 9, 1986, EPA published a proposed rule that would require  .
generators of between 100 and 1,000 kg/month of hazardous waste, who
accumulate less than 6,000 kg of the waste for less than 180 days (or
270 days), to meet requirements similar to those contained in the July 14
rule.18  EPA is evaluating public comments on this proposal.

     Certain other substances stored in underground tanks are regulated
under Subtitle I of RCRA.  Any owner or operator who stores petroleum or
a substance defined as a hazardous substance under Superfund (other than
hazardous waste) in an underground tank must meet the requirements of
the (Subtitle I of RCRA) Underground Storage Tank (UST) program.  This
program does not apply to underground storage tank systems that contain
RCRA hazardous waste.  Certain provisions of the UST program currently are
in effect, such as a provision limiting new installations of unprotected
underground tanks.  The Agency has proposed additional regulations under
Subtitle I of RCRA (see 52 FR 12662; April 17, 1987).

7.  What types of tank systems qualify for the closed-loop recycling exclusion
    and how should releases from these tanks be handled?

     The July 14, 1986 regulatory amendments make provisions for excluding
wastes managed in closed-loop recycling systems from the definition of solid
waste  (40  CFR 261.4).  Because the materials managed in these tank systems are
not wastes by definition,  the tanks are not required to meet the technical
standards  for hazardous waste tank systems.  Tank systems are considered  to
constitute a closed-loop recycling process if they meet the following
conditions:
      17.   40 CFR 265.192  and 265.193.

      18.   51  FR_ 36342,  October 9,  1986.


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                                        OSWER  Policy Directive  #9483.00-3
     0  Only tank  storage  is  involved,  and  the  entire  process  through
       completion of reclamation is  closed by  being entirely  connected
       with pipes or other comparable  enclosed means  of conveyance.

     0  Reclamation does not  involve  controlled flame  combustion (such
       as occurs  in boilers, industrial furnaces,  or  incinerators)..

     0  The hazardous secondary materials are never accumulated in such
       tanks for  over twelve months  without being reclaimed.

     0  The reclaimed material is not used to produce  a fuel or to .
       produce a  material that is used in a manner constituting disposal.

     °  Secondary materials are returned after  being reclaimed, to the
       original process in which they were generated  where they are
       reused in the production process.

     Releases from these closed-loop recycling systems may require corrective
action.  If the wastes are  listed as hazardous, they lose the solid  waste
exclusion once the closed-loop system is breached.  Consequently, the release
would be subject to reporting requirements  (e.g., reportable quantity pursuant
to 40 CPR Part 302 or applicable action under the Spill Prevention Control
and Countermeasures Program pursuant to 40 CFR Part 112) and may be subject to
the corrective action requirements for solid waste management units if routine,
systematic and deliberate.
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                                        OSWER Policy Directive #9483 00.3
II.  TANK SYSTEM INTEGRITY ASSESSMENT

1.  what existing tank systems must be tested for structural integrity and
    when must they be tested?

     Owners or operators of interim status, accumulation, and permitted tank
systems that were in operation or being installed1 on or before July 14, 1986,
and that do not have adequate secondary containment (as required in 40 CFR
264.193 and 265.193) must determine whether the tank system is leaking or
unfit-for-use.  These initial assessments must be completed by January 12,
1988.2  In addition, owners or operators of tank systems without secondary
containment that store or treat materials that are designated as hazardous
wastes after January 12, 1987 must conduct an integrity assessment within
12 months after the date that the waste is designated as a hazardous waste.3
EPA believes that allowing one year from the effective date of the regulations
to complete the integrity assessment will afford sufficient time to ensure
that proper methods and qualified personnel are used to conduct these tests'.
Furthermore, until secondary containment is provided, the tank system owner
or operator must assess the integrity of the tank system annually4 or
under a schedule as specified in the permit.5

2.  Does a facility with existing tank systems that is scheduled to receive a
    RCRA permit after 1/12/87 but before 1/12/88 have to supply a written
    assessment before it receives the permit or can the facility wait until
    1/12/88 to complete the required assessment?

     The July 14 tank system regulations contain several provisions concerning
submission of a written assessment that must be meshed with the requirements
for Part B applications.  Section 270.16 requires a written assessment of the
structural integrity and suitability for handling hazardous waste for each
tank system as required under §§264.191 and 264.192 as part of the Part B
permit application.6  However, Section 264.191 requires the written
     1.  "Installation will be considered to have commenced if the owner or
operator has obtained all Federal, State, and local approval or permits
necessary to begin physical construction of the site or installation of the
tank system and if either (1) a continuous on-site physical construction or
installation program has begun, or (2) the owner or operator has entered into
contractual obligations — which cannot be cancelled or modified without
substantial loss — for physical construction of the site or installation of
the tank system to be completed within a reasonable time." (40 CFR 260.10)

     2.  40 CFR 264.191(a) and 265.191(a).

     3.  40 CFR 264.191(c) and 265.191(c).

     4.  40 CFR 264.193(i) and 265.193(1).

     5.  40 CFR 264.193(1)(2).

     6.  40 CFR 270.16.

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                                        OSWER Policy Directive #9483.00-3
assessment to be obtained and kept on file by 1/12/88 for existing tank
systems.7  Accordingly, a facility has until 1/12/88 to obtain a written
assessment of the structural integrity of existing tank systems as required
in §264.191.  This would continue to be the case even if the facility is
actively receiving a permit.  If the permit is issued before 1/12/88 and
the facility has not completed its assessment, a permit condition should
require compliance with §264.191.

3.  What must the initial assessment of an existing tank system's integrity
    determine and consider?

     The initial integrity assessment must determine that the  tank system is
adequately designed, has sufficient structural strength, is compatible with
the waste to be stored or treated, and will not collapse, rupture, or
fail.8  The assessment must, at  a minimum, consider the following:

     °  Design standard(s), if available,  according  to which the  tank
        and ancillary equipment were constructed;

     •  Hazardous characteristics of the waste that  have been and will  be
        handled;

     0  Existing corrosion protection  measures;

        Documented  age  of the tank  system, if available,  or  an  estimate
o
        of the age; and

      » Results of a leak test, internal inspection, or other tank integrity
        examination as appropriate for the tank system being assessed.

 4.  What must the subsequent integrity assessments of tank systems without
     secondary containment include and when must the assessments be conducted?

      All tank systems without secondary containment (as required under
 §§264.193 or 265.193) must undergo a leak test or other integrity test
 on a regular basis.  The leak test, or other integrity test, must assess
 the condition of both the tank and its ancillary equipment.

      Non-enterable underground interim status tank systems must be leak
 tested at least annually.  *ton~-enterable underground permitted tank
 systems also must be assessed annually either through the use of a leak
 test or other integrity test method as approved or required by the Regional
 Administrator.
       7.   40 CFR 264.191(a).

       8.   40 CFR 264.191  and  265.191.

       9.   40 CFR 264.193(i) and 265.193(i).
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                                         OSWER Policy Directive #9483.00-3
      Other than non-enterable underground tanks,  and all ancillary equipment,
 may be tested by using either a leak test or an internal inspection.   With
 respect to interim status tank systems,  leak tests or inspections of  other
 than non-enterable underground tank systems must be conducted at least
 annually.   With respect to permitted tank systems, the frequency of the
 leak test  or internal inspection for other than non-enterable underground
 permitted  tank systems must be sufficient to detect the potential for
 serious releases before they occur.  The frequency is specified in the
 permit and should be based on the material of construction of the tank
 and its ancillary equipment, the age of  the system, the type of corrosion
 or erosion protection used, the rate of  corrosion or erosion observed in
 previous inspections, and the characteristics of the waste being stored
 or treated.

      Internal inspections must be conducted by an independent,  qualified,
 registered, professional engineer, and the schedule and procedure for the
 inspection must be adequate to detect obvious cracks, leaks and corrosion,
 or erosion that may lead to cracks and leaks.

      EPA does not specify the techniques that must be used when conducting
 leak tests because the Agency recognizes that many factors influence  the
 choice of  an appropriate test method. These factors may include temperature,
 barometric and hydrostatic pressure variations,  tank size and design,
.physical characteristics of the waste, variations in structural support
 provided by soil or fill material, and leak detector characteristics.
 EPA believes that the level of accuracy  attainable by leak testing methods
 must be reviewed periodically as the technology improves.  Consequently,
 EPA expects owners and operators to use  the most reliable methods available
 to assess  the integrity of their hazardous waste  tank systems.   Current
 methods should be capable of detecting leaks of 0.1 gallons per hour.
                                                                      i
      If a  tank system is found to be leaking or unfit-for-use following an
 integrity  assessment, the owner or operator must comply with the requirements
 for responding to leaks or spills (see 40 CFR 264.193(i)(5) and 265.193(i)(4);
 also,  see  question V.3.)

 5.  Who may perform and certify the initial tank  system integrity assessment
     and subsequent annual assessments?

      It is the owner or operator's responsibility to determine  that his tank
 system is  not leaking or unfit for use.   When conducting the initial
 assessment of the integrity of tank systems without appropriate secondary
 containment, an independent, qualified,  registered, professional engineer
 (IQPRE) must review and certify the owner or operator's written assessment
 of the tank system's integrity.10  (The  assessment can be written by  any
 qualified  person, whether or not a registered,  professional engineer, but it
 must be reviewed and certified by an IQPRE.)  The Agency believes that this
 initial integrity assessment must be certified by a person who  does not have a
 conflict of interest or the appearance of a conflict of interest.  Hence,
 employees  of the owner or operator (e.g.,  those who receive their primary
 source of  income from the o/o)  are not judged to  be "independent" and
 cannot, therefore, certify the initial integrity  assessment.
      10.   40 CFR 264.191(a)  and 265.191(a)

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                                        OSWER Policy Directive #9483.00-3
     Like initial assessments, subsequent tank system leak tests or internal
inspections are the responsibility of the owner or operator.  IQRPEs will
conduct subsequent assessments and provide certification of the fitness
of tank systems

6.  Where must a record of the initial integrity assessment and any subsequent
    leak tests or integrity assessments be maintained?

     The initial certified written assessment of tank system integrity  (to be
completed by January 12, 1988) and records of any subsequent tests or
inspections must be kept on file at the facility where the tanks are
located.12  In addition, EPA maintains the right to request and inspect
these assessments at any reasonable time.

7.  Does the independent, qualified, registered, professional engineer  or
    'other certifying professional have to use the certification verbatim as
    written in Section  270.11(d).-|3

     The EPA does not interpret  the requirement to certify  in accordance
with §270.11(d) to require certifying individuals to  use  the  §270.11(d)
verbatim.  'In some cases, the language in the certification at  40  CFR
27o  11(d) will not be appropriate for the tasks conducted by  the independent
specialists.  For example, if an IQRPE is asked to review and certify  an
owner  or operator's  tank  system  design or tank  assessment,  a  conflict
develops because  §270.11(d)  asks the  IQRPE  to certify that  the  document
and  all attachments  were  prepared under  his  direction,  which  may not be
true.

      The  "Technical Resource Document for  the Storage and Treatment of
Hazardous  Waste in Tank Systems"14  offers  a solution.  The  Resource
Document suggests an alternative certification which would satisfy the
 truthfulness provision in 40 CFR .270.11(d).   It reads,:

      "I,  [Name]  have supervised a portion of the design or
      installation of a new tank system or component located at
      [Address], and owned/operated by [Name(s)3.  My duties.
       (continued on the next page)
       11.  40 CFR 264.193(i)(1) and  (2) and  265.193(1)(1) and  (2).

       12.  40 CFR 264.191,(a) and  265.191(a);  264.193(1) (4) and  265.193(1) (3) .

       13.  See  the  following sections  for  activities  requiring  certification -
  264.191U), 264.191(b)(5)(ii), 264.192(a),  264  192(g),  264.196(f),  265.191(a),
  265.191(b)(5)(ii),  265.192U), 265.192(a),  265.192(g),  and  265.196(f).

       14  Technical Resource  Document for-the Storage and Treatment of
  Hazardous Waste in Tank Systems, 12/86,  NTIS, PB #87-134391,  (703)  487-4650,
  $36.95.  See p. 6-28.
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                                       OSWER Policy Directive  #9483.00-3
    were:   [e.g., preinstallatiori  inspection,  testing  for
    tightness,  etc.],  for  the  following  tank  system components
     [e.g.,  the  tank, venting, piping,  etc.], as required  by the
    Resource  Conservation  and  Recovery Act (RCRA)  regulation(s),
    namely, 40  CFR  264.192 [applicable paragraphs  (i.e., a-f)].

     I certify under penalty of law that  I have personally  examined
     and am familiar with the information submitted in  this document
     and all attachments and that,  based  on my Inquiry  of those
     individuals immediately responsible  for obtaining  the
     information, I  believe that the information is true, accurate,
     and complete.   I am aware that there are significant penalties
     for submitting  false information, including the possibility of
     fine and  imprisonment."

     Some modification of the §270.11(d)  language' is expected in cases
where the certifying professional  (whether IQRPE, installation inspector,
or corrosion expert) did not oversee or supervise the actual project,
but only reviewed and/or certified the project.

8.  TO what extent can previous inspections or leak tests be used in
    providing initial assessments  for existing tank systems?

     An initial  integrity  assessment  for existing tank systems that do not
have secondary containment meeting the requirements of §264.193 or  ^265.193
must be obtained and placed  in  the operating record by January 12,  1988.
The initial assessment,  among other things, must consider  results  of
leak  tests, internal inspections,  or  other tank integrity  examinations.
Data  from  tests, inspections, or examinations  performed  after July 14, 1986
 (the  promulgation date  of  the revised tank system rules) can be used  in
providing  the initial  assessment for  existing  tank  systems as long as
 the independent, qualified,  registered,  professional engineer is_willing
 to make the appropriate certification.   However, the date  the leak test,
 internal inspection, or other  integrity  examination was  performed  becomes
 the  anniversary date for subsequent leak tests,  internal inspections, or
 other integrity exams  to be performed as required  in §264.193(1) or
 §265.193(1).

      For tank systems  to store or  treat  materials  that become hazardous
 wastes subsequent to July 14,  1986 (i.e., newly regulated  wastes), the
 leak test, internal inspection, or other integrity examination  must be
 performed during the 12 month period prior to the  due  date of  the  integrity
 assessment.  Again, the date the  leak test, internal inspection,  or other
 integrity examination was performed becomes the anniversary date to
 perform subsequent tests, inspections, or examinations.
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                                        OSWER Policy Directive #9483.00-3
9.  Where the owner/operator cannot inspect the bottom of a tank (e.g.,
    existing flat-bottom tank sitting on a concrete pad), is an inspection
    of~the visible portions of the tank a satisfactory method for detecting
    leaks and corrosion under 40 CFR 264.195 and 265.195?

     The intent of 40 CFR 264.195 and 265.195 is that all accessible and
visible aboveground portions of the tank system be inspected at least once
each operating day.  In the case where the tank bottom is obscured from view
(e.g., bottom sitting on a concrete pad) such an inspection is not required.
However, special efforts should be made to carefully observe for any leakage
around the base of the tank, possibly indicating releases from the tank
bottom.  Furthermore, when secondary containment is provided, the owner/
operator must provide a leak detection system capable of detecting any
release from the tank bottom.
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                                        OSWER Policy Directive #9483.00-3



III.  MINIMUM DESIGN REQUIREMENTS FOR NEW TANK SYSTEMS
                                       <*
1.  What design considerations must be followed for new tank systems?
                                                     •*                  i
     Like owners or operators (o/o) of existing tank systems or components,
owners and operators of new tank systems (including o/o of new accumulation
tank systems) must obtain a written assessment, reviewed and certified by
an independent, registered, professional engineer, attesting that the
tank system has sufficient structural integrity and is acceptable for
storing or treating hazardous waste.  Owners or operators of new tank
systems must submit this assessment to the Regional Administrator at the
time of submittal of Part B permit application information, where applicable,
Generators accumulating hazardous waste in new tank systems must maintain
the assessment on file.  The assessment must include, at a minimum, the
following information:1

     0 Design standard(s) according to which'tank(s) and ancillary
       equipment are constructed;

     0 Hazardous characteristics of the waste(s) to be handled;

     0 For new tank systems where the external shell of a metal tank
       or any external metal component of the system will be-in contact
       with the soil or with water, a determination by a corrosion
       expert2 regarding the potential for corrosion and appropriate
       corrosion protection needed to ensure the integrity of the tank
       system during its use;

     ° For underground tank system components that are likely to be
       adversely affected by vehicular traffic, a determination of
       the design and operational measures that will protect the tank ,
       system against potential damage; and                          •

     0 Considerations made in the tank system design to ensure that
       tank foundations will maintain the load of a full tank, that
       tank systems will be anchored to prevent flotation or
       dislodgment, and that tank systems will withstand frost heave.
     1.  40 CFR 264.192 and 265.192.

     2.  As defined in 40 CFR 260.10,  51  FR_ 25471,  July 14,  1986.

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                                 OSWER Policy  Directive  #9483.00-3
    stall;
               procedures must be followed for new tank systems?
2.  What

     The owner or operator of a new tank system must ensure that proper
handling procedures are used in order to prevent damage to the system during
insSlat?on.  Prior to covering, enclosing, or placing a new tank system in
use, an independent, qualified, installation inspector or an ^^f'
qualified, registered, professional engineer, either of whom is trained and
experienced in the proper installation of tank systems, must inspect the
syKem ?or any weld brLks, punctures, scrapes of protective coatings, cracks,
corrosion, other structural damage, or signs of inadequate construction or
installation.3  In addition:

     ° Backfill material for new  underground tanks must be noncorrosive,
       porous, and homogeneous  and must be  placed completely around the
       tank  to ensure  even  support;

     o All new tanks and ancillary equipment must be  tested  for  tightness
       prior to being  covered,  enclosed,  or placed in use.   If  the tank
        is found not to be  tight,  all  repairs to  remedy the  leak(s) in
        the system must be  made prior  to being  covered, enclosed,  or
        placed into use;

      °  Ancillary equipment must be  supported and protected against
        damage and stress  caused by  settlement, vibration, expansion,
        or contraction;

      o  if the Regional Administrator believes that other forms of
        corrosion protection are necessary in addition to the
        requirements referred to above, the owner or operator must
        provide that protection;

      o installation of corrosion protection which is  field
        fabricated must be supervised by an independent corrosion
        expert; and

      ° The  owner or operator must keep written statements on file
        at the facility from the  qualified, independent,  registered,
        professional engineers  or installation inspectors who are
        required  to certify the design and  proper installation of
        tank systems.
3.  40 CFR 264.192(b) and 265.192(b)
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                                        OSWER Policy Directive #9483.00-3
IV.  SECONDARY CONTAINMENT/VARIANCE PROCEDURE

1.  What tanks and ancillary equipment must have secondary containment and
    when must secondary containment be provided?

     All hazardous waste tanks and hazardous waste tank ancillary equipment
must have secondary containment by a specified date except for:1

    (1) Tanks that are used to store or treat hazardous waste containing
        no free liquids and that are situated inside a building with an
        impermeable floor (note that a concrete floor, unless covered by
        a sealer, is considered permeable);

    (2) Tanks (including sumps) that serve as part of a secondary
        containment system to collect or contain releases of
        hazardous wastes;

    (3) Aboveground piping (exclusive of flanges, joints, valves, and
        connections) that is visually inspected for leaks on a daily
        basis;

    (4) Welded flanges, welded joints, and welded connections that
        are visually inspected for leaks on a daily basis;

    (5) Sealless or magnetic coupling pumps that are visually
        inspected for leaks on a daily basis;

    (6) Pressurized aboveground piping systems with automatic
        shutoff devices  (e.g., excess flow check valves, flow
        metering shutdown devices, or loss of pressure activated
        shut-off devices) that are visually inspected for leaks on
        a daily basis; and

    (7) Tanks and ancillary equipment for which a variance from
        secondary containment requirements has been granted  (see
        question IV.3 for information on the variance procedure).

     Exhibit 1 lists the types of tanks and the dates by which secondary
 containment must be provided.                 '

     Ancillary equipment is defined as any device used to distribute, meter,
 or control the flow of hazardous waste from its point of generation to a
 storage or treatment tank, between hazardous waste storage or treatment
 tanks  to a point of disposal onsite, or to a point of shipment for offsite
 disposal.  The ancillary equipment may include piping, fittings, flanges,
 valves, and pumps.  All  ancillary equipment  (unless explicitly exempted
 -  see  the above  list) must be provided with secondary containment in
 accordance with  the schedule in  §264.193(a) and  §265.193(a).  This includes
 piping used to carry hazardous waste from a process tank or  area to a
 storage or treatment tank and any other equipment used to transfer the
 hazardous waste  to  or from other hazardous waste tanks.
      1.   40  CFR 264.193(a),  (f),  (g),  (h)  and  265.193(a),  (f),  (g),  (h).

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                                        OSWER Policy Directive  #9483.00-3
2.  Wh
         requirements apply to the design,  installation,  and operation of
    secondary containment systems?

     In general, secondary containment systems must be designed, installed,
and operated to prevent the migration of any wastes or accumulated liquids
out of the system to the soil, ground water, or surface water during the  •
use of the tank system.  In addition, secondary containment systems must
be able to detect and collect releases and accumulated liquids until the
collected material is removed.  At a minimum, secondary containment
systems must be constructed of or lined with materials that are compatible
with the waste held by the tank system, have sufficient strength and
thickness to prevent failure, and be placed on a foundation capable of
providing adequate structural support.  A leak detection system must be
provided that can detect the failure of either the primary or secondary
containment structure or the presence of any release of hazardous waste
or accumulated  liquid in the secondary containment system within  24 hours.
°The Regional Administrator can extend this  limit if the owner  or operator
demonstrates that existing detection technologies or site conditions
will not allow  detection of a release within 24 hours.)  The secondary
containment system must also be designed or  operated  to drainand remove
accumulated liquids.  Accumulated liquids must be removed within  24 hours,
:~if the ownJr or  operator  can  demonstrate to the Regi onal Ad --strat or
that removal of accumulated  liquids  cannot  be performed within  24 hours,
such removal must be completed  as quickly as possible  to prevent  harm to
human  health and the environment.

     The regulations provide some flexibility in  defining  acceptable  methods
 for leak detection.   In some cases,  daily  visual  inspection will  be allowed
 as a means  to  comply with the leak detection requirement.   For  example,
 accumulated liquid in a secondary containment system for an aboveground
 tank system may be detected by visual inspection.  The term visual inspec-
 tion,  In turn?allows some flexibility in  interpretation,   video monitoring
 can be used to monitor tank systems.  In this case,  a demonstration would
 need to show that video monitoring is equivalent to visual inspection
 (i.e., reliability, clarity, etc.)  Of course, where cameras are used,
 contingency plans should address system failure (e.g., what happens when
 the lights go out).

      Secondary containment for'tanks must consist of one or more of the
 following devices:   (1) an external liner,  (2) a vault, (3).a double-walled
 tSk? or (4Tan equivalent device as approved by the Regional Administrator.
 For each of the first three devices, the regulations specify additional
 design requirements.3

       External  liner  systems and  vaults must be designed or operated  to
 contain 100 percent  of the capacity ot the  largest tank within its boundary
 and prevent run-on or infiltration  of precipitation into the secondary
 containment system,  unless additional capacity sufficient  to contain
 precipitation  from  a 25-year,  24-hour rainfall event  is provided.
       2.  40 CFR 264.193(b)  and (c)  and 265.193(b)  and (c).

       3.  40 CFR 264.193(d)  and (e)  and 265.193(d)  and (e).

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                                        OSWER Policy Directive  #9483.00-3
                                EXHIBIT 1

              DEADLINES FOR PROVIDING SECONDARY CONTAINMENT4
        Tank Description
All existing tank systems  (regardless
of age) used to store or treat hazard-
ous waste identified by the following
EPA hazardous waste numbers:  F020,
F021, F022, F023, F026, or F027.

Tank systems used to store or treat a
waste that is defined as hazardous
after January 12, 1987.
            Deadline
Existing tank systems of known and
documented age.
Existing tank systems for which the
age cannot be documented:
New tank systems (construction began
after July 14, 1986).
January 12, 1989
Within two years after the
date that the waste is listed
as hazardous waste (to determine
secondary containment deadline,
substitute the date handled
material becomes a hazardous waste
for "January 12, 1987" in the
following deadline descriptions).

Within two years after January 12,
1987, or when the tank system has
reached 15 years of age, which-
ever comes later.

Within eight years of January 12,
1987; but if the age of the
facility is greater than seven
years, secondary containment :must
be provided by the time the faci-
lity reaches 15 years of age, or
within two years of January 12,
1987, whichever comes later.

prior to putting the tank system
into service.
     4.  40 CFR 264.193(a) and 265.193(a).
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                                        OSWER Policy Directive #9483.00-3
External liners must also be free of gaps and be designed and installed
to surround the tank completely such that both lateral and vertical
migration are prevented.  If concrete is used in the secondary containment
unit, then the regulation for vaults would apply (i.e., impermeable
interior coating or lining, water stops, etc. that are compatible with
the store waste must be applied).

     Vaults are also required to have chemical resistant water stops at all
Joints  (if any), be provided with an impermeable interior coating or lining
thafis compatible with the stored waste and will prevent any waste from
migrating into the concrete, have a means to prevent the formation and
ignition of vapors in  the vault if the  waste is ignitable or reactive and
may form ignitable or  explosive vapor,  and be provided with an exterior
moisture barrier if .the vault is subject to hydraulic pressure

     Double-walled tanks must be designed as an integral structure so_
that the outer shell will  retain any releases  from  the inner tank.   It
constructed of metal,  the  primary  tank  interior and the  external surface
of the outer  shell must be cathodically protected and  provided with  a
continuous  leak  detection  system.

      Secondary containment for  ancillary equipment  (e.g.,  trenching,
jacketing,  or double-walled piping)  must satisfy  the minimum requirements
described above.  Unlike the requirements for tanks, no  particular methods
 are specified or required for ancillary equipment.

 3.  Can an owner or operator receive a variance from the secondary
     containment requirement?

      An owner or operator can receive  either:  (1)  a technology-based variance
 or (2) a risk-based variance from the  secondary containment requirement.

      Technology-based variance;7  To receive a technology-based
      variance, the owner or operator must demonstrate to the Regional
      Administrator that alternative design and operating practices,
      together with location characteristics, will  prevent migration of
      hazardous waste  into ground or surface water  at least as well as
       secondary containment.  The key element of this variance is  the
       ability of the owner or operator  to contain releases from  a  tank
       system  within an area under his control and clean  up any release
       before  it  enters ground or surface waters.
       5.  40 CFR 264.193(f)  and 265.193(f).

       6.  40 CFR 264.193(g)  and 265.193(g).

       7   See "Technical Resource Document for Obtaining Variances from
  the Secondary Containment Requirements for Hazardous Waste Tank Systems:
  Volume I - Technology-Based Variance," Feb. 1987, National Technical
  information Service (OTIS), U S. Dept  of Commerce, Springfield, Virginia
  22161, (703) 487-4600, NTIS No. PB-87-158655, $24.95.
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                                        OSWER Policy Directive #9483.00-3
     Risk-based variance;8  To receive a risk-based variance, the owner
     or operator must demonstrate to the Regional Administrator that, in
     the event of a release from a hazardous waste tank system, the
     resulting level of contamination in the environment will not pose a
     substantial present or future hazard to human health or the environ-
     ment.  To do so, the applicant must demonstrate that as a result of
     environmental conditions at the site and the characteristics and
     concentrations of hazardous constituents present in the hazardous
     waste in the tank system, no substantial current, or future hazard
     to human health or the environment will result due to either no
     exposure or an acceptable level of exposure to the hazardous waste.
     This variance provision is not available to owners or operators of
     new underground hazardous waste tank systems.

     The factors that the applicant should address when preparing
demonstrations for a variance from the secondary containment requirement
include:  the nature and quantity of,the waste, a proposed alternate design
or operation, the hydrogeologic setting of the facility, factors affecting
the mobility of the wastes in the environment, the potential for human
exposure and resulting health risks, the potential for damage to the
environment, and the persistence of the potential effects.

     Owners and operators must notify the Regional Administrator of their
intention to conduct and submit a demonstration for a variance prior to
the date that secondary containment must be provided.  For existing tank
systems, this notification .must be made at least 24 months prior to the
date that secondary containment must be provided.  For new tank systems,
notification must be made at least 30 days prior to entering into a
contract for installing the tank system.  As part of the notification,
the owner or operator must submit a description of the steps necessary
to complete the demonstration and a schedule for completing the steps.
The demonstration for a variance must be completed and submitted to the
Regional Administrator within 180 days after notification of the intent
to conduct the demonstration was made.  For new or existing interim
status tank systems, the Regional Administrator will then notify the
public of the demonstration for a variance from secondary containment
and approve, or disapprove the request within 90 days of receiving the
demonstration.9  Review of variance demonstrations for permitted systems
must follow the schedule and requirements for permit issuance, modification,
or reissuance as described in 40 CFR Parts 270 and 124.

     For both the technology-based and risk-based variance, the burden is on
the applicant to demonstrate that a variance is justified.  If the Agency is
     8.  See "Technical Resource Document for Obtaining Variances from
Secondary Containment Requirements for Hazardous Waste Tank Systems:
Volume II - Risk-Based Variance," Feb. 1987, National Technical Information
Service  (NTIS), U.S  Dept. of Commerce, Springfield, Virginia  22161,
(703) 487-4600, NTIS No. PB.87-158663, $36.95.

     9.  See 40 CFR 265.193(h)(4) specific notice, public hearing and
public comment requirements.
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                                        OSWER Policy Directive #9483.00-3
not persuaded that the information provided supports the necessary
determination, the variance will be denied.

     To assist in better defining the variance provisions and requirements,
EPA has developed a technical resource document concerning the secondary
containment variance (see footnotes 7 and 8).

     If a release of hazardous waste occurs from a tank system which has been
granted a variance from the secondary containment requirement and the release
migrates beyond the zone of engineering control  (as established in the
variance), the o/o must comply with the requirements for responding to leaks
or spills (see 40 CFR  264.196(a),  (b),  (c), and  (d) and 265.196(a), (b), (c),
and  (d)).  The owner or operator must conduct activities necessary to
prevent the migration  of hazardous waste or hazardous constituents to ground-
water or surface water.  If contaminated soil cannot be decontaminated or
removed or if groundwater has been contaminated, the o/o must close the  tank
svstem using  the closure procedures for a  landfill and conduct appropriate
Sosure and post-closure care  (see 40 CFR  264.197(b) or 265.197(b».  If the
tank system can be repaired, replaced,  or  reinstalled, the o/o must provide
the  tank system with secondary  containment or reapply for a  variance.

4.   What are  "temporary  tanks"  and are  the secondary containment  requirements
     applicable?

      The  term "temporary tank"  used  in  the preamble to  the  July  14,  1986
Federal Register  (51  FR 25422)  referred to any  tank system  that  is  located
or brought onsite for the temporary  storage  of  hazardous  waste in response
 to an emergency or catastrophic event.   To classify a  tank  system as  a
 temporary tank system, it must be used  in response to  an unexpected
 occurrence.   A temporary tank system would be subject to all applicable
 requirements of Parts 264,  266, 'and 270 as provided in an/^^nc^.^
 under §270.61 or would be exempted under §§264.1(g)(8)  and 265.1(c)(11 )
 Unless a tank system is brought on-line in immediate response to a discharge
 which is neither routing or systematic, it is subject to all applicable
 requirements for hazardous waste tank systems,  including secondary contain-
 ment.  However, a tank system that itself serves as part of a secondary
 containment  system used to collect or contain releases of hazardous waste
 from the primary tank system does not need to have secondary containment
 (see §§264.190(b) and 265.190(b)).  Generally speaking, any tank system
 into which hazardous waste is routinely and systematically introduced,
 regardless of frequency or duration of storage, is not considered either
 a temporary  tank or part of the secondary containment system and therefore
 must be provided with secondary containment  (see 51 FR 25422; July 14,  1986)

      A tank  that is designated as a standby tank for routine maintenance
 clean-outs of sludge  or residual  material or integrity inspections is
 not considered to be  a  temporary  tank.  Accordingly, such tanks  are not
 exempt from  the  requirements for  hazardous waste tank systems.   (They do
 not constitute unexpected occurrences.)
       10.  40 CFR 264.193(g)(4)  and 265.193(g)(4)
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                                        OSWER Policy Directive #9483.00-3
     Additionally, a tank system that is installed in parallel with another
tank system (where one system is intended to be brought on-line during
routine and systematic shutdown of the other system)  does not constitute
a temporary tank system.  Unlike the previous example where the standby
tank was used solely for the purpose of secondary containment, this
example of "standby tank" would need to have secondary containment since
it would serve the function of primary containment of the waste.  Thus,
such tanks would not be exempt from secondary containment requirements.

     In some cases, such as where there is complex piping and manifolding
of tank systems, precise information may be required to determine whether
a tank system is a temporary tank system or is part of a secondary
containment system.  In these instances, the permit applicant should
consult with the EPA Region or State permitting authority, as appropriate.

5.  is secondary containment required for pressurized aboveground
    piping systems that are provided with automatic shut-off devices?

     As now written, §§264.193(f)(4) or 265.193(f)(4) would exempt
pressurized piping systems with automatic shut-off devices from the
secondary containment requirement.  Furthermore, this provision would
would allow this exemption even if welded flanges, welded joints, welded
connections, sealless valves, and sealless or magnetic coupling pumps
are not used.

     The Agency has been reconsidering the ramifications of this provision,
as currently written.  EPA may have over-estimated the effectiveness of
automatic shut-off devices.  Although these devices should certainly
limit the quantity of waste released in case of a substantial failure
somewhere in the piping system (e.g., pipe rupture), they would unlikely
have any effect on reducing the number or size of releases in piping
systems due to small or slow leaks at valves, connections, flanges, etc.

     It was not EPA's intent to prescribe less importance to smaller than
major leaks in pressurized piping systems.  In fact, such less than major
leaks would be of greater concern in pressurized piping systems, compared
to nonpressurized systems due to the potential to release larger quantities
of hazardous waste.

     Thus, the Agency believes that it may be prudent to require all
aboveground piping systems, pressurized as well as nonpressurized, even
if automatic shut-off devices are used, to use welded joints, sealless
valves, sealless or magnetic coupling pumps, etc., in order to be exempted
from the secondary containment requirement.  In fact, the Agency is
contemplating that automatic shut-off devices should likewise be welded
so as not to be a source of leakage.  Using this approach, automatic
shut-off devices might, rather than serve as an means for a piping system
to be exempted from secondary containment, would be used to protect
against catastrophic releases and serve as a means to limit the sine of
the secondary containment system(s), where needed.  EPA is considering
proposing such an amendment to the tank system standards.
                                   IV-7

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                                        OSWER Policy Directive #9483.00-3
V-  OPERATING REQUIREMENTS AND RESPONSES TO LEAKS
1.  What are the operating requirements for owners and operators of tank
    systems?

     Owner's and operators of interim status and permitted tank systems must
adhere to the following operating procedures: '

     0 Tank systems must not be filled with hazardous wastes or
       treatment reagents which could cause the tanks, ancillary
       equipment, or containment systems to rupture, leak, corrode,
       or otherwise fail.

     0 The owner or operator must use appropriate controls and
       practices to prevent spills and overflows from tank systems.
       These include, at a minimum:  (1) spill prevention controls;
       (2) overfill prevention controls; and (3) maintenance of
       freeboard.

     0 The owner or operator must respond if a leak or spill occurs
       (see question V.3).


2-  What portions of the tank system must the owner or operator inspect and
    how often must these inspections occur?

     The owner or operator has four major responsibilities for inspections.2
First, at least once each operating day he must inspect aboveground portions
of the tank'system for corrosion or any release of waste and inspect data
from monitoring and leak detection equipment.   The construction materials
and the area around the accessible portion of the tank system, including
the secondary containment system, must also be inspected in order to
detect erosion or releases of waste.  Second,  the owner or operator must
develop and follow a schedule for inspecting overfill controls.  Third,
the owner or operator must inspect cathodic protection systems if present;
and the proper operation of the cathodic protection system must be
confirmed within six months of its installation, and checked annually
thereafter.  In addition, sources of impressed current must be inspected
and/or tested as appropriate, but not less often than every other month."
Finally, the owner or operator must document in the operating record of
the facility that the required inspections were completed.
     1.  40 CFR 264.194 and 265.194.

     2.  40 CFR 264.195 and 265.195.
                                   V-1

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                                       OSWER Policy Directive #9483.00-3
3.  what procedures must an owner or operator,_follow_^ojrespona_jo_a leaking
    or unfit-for-use tank system?

     A tank system is "unfit-for-use" if it has been determined.through an
integrity assessment or other inspection to be no  longer  capable of storing or
Saving hazardous waste without posing a threat  of release  to the environment
Se $5o.10).  If a tank system is unfit-for-use, or if  a leak occurs from a
tank system or secondary containment system, the  owner or operator must:

     • Immediately stop the flow or addition of wastes into  the tank
       system or secondary containment system.

     ° Promptly remove the waste from the tank system or secondary
       containment system.  Removal procedures are as follows:

       a. Releases from the primary tank system:   Within 24  hours,  the
          owner or operator must remove as much of the waste as  is
          necessary  to prevent further release of hazardous  waste to
          the environment.  If the owner or operator can demonstrate
          that it is not possible to remove the waste within 24 hours,
          then the wastes must be removed  at the  earliest practicable
          time.

       b. Releases  to  the  secondary containment system:  Within 24
          hours,  or in as  timely a  manner  as is possible to prevent
          harm to human health and  the  environment,  the owner or
          operator must remove all  wastes  from the  secondary
           containment  system.

      « Prevent  further migration of the leak or  spill to soils or
        surface  water and remove  and properly dispose of any visible
        contamination of the soil or surface water.

      • Notify the Regional Administrator (see question V.4  for notification
        requirements).   Releases that are contained within the secondary
        containment system need not be reported.

 4.  What must an owner or operator_do_.to notify the EPA of  a  release, from_a
     tank system?

      If a leak or spill of hazardous waste is less than or  equal to  one  pound,
 and if it is immediately contained and cleaned up, the owner or  operator does
 ]jot have to notify  EPA.  Otherwise, the following notification requirements
 apply:4
       3.  40 CFR 264.196 and  265.196.

       4.  40 CFR 264.196(d) and  265.196(d).

                                     V-2

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                                        OSWER Policy Directive #9483.00-3
     0  Within 24  hours  after  a  leak is  detected,  an owner or operator
       must notify the  Regional Administrator.5

     0  Within 30  days after a leak is detected, an owner or operator
       must submit a report to  the Regional Administrator with the
       following  information:

       a.  Likely migration route of the leaked or spilled hazardous
          material;

       b.  Characteristics of  the surrounding soil (i.e., soil
          composition,  geology, hydrogeology, and climate);

       c.  Results of any monitoring or  sampling conducted in connection
          with the release (if  available).   If results  are not
          available until after 30 days, they must be submitted  to  the
          Regional Administrator as soon as they  become available.   (In
          any case, the report  still nrast be made within 30 days.
          While reporting, the  owner or operator  should note that data
          will be delayed-);

       d.  Proximity of  the release to downgradient drinking water,
          surface water, and  population areas; and

       e-  Description of response actions taken or planned.

5.  What must an owner or operator do  to return a leaking  tank  system  to
    service?

     If the tank system was taken out  of service  in response to  a spill
or overflow that did not damage the integrity of  the system, the tank
system may be returned to service as soon as the  released waste  is  removed.
However, if the cause of the  release was a  leak  from the primary tank
system into the secondary system, then the  tank must be repaired before
it can be  returned to service.6

     If the leak occurred from a part  of the system that did not have
secondary containment,  then secondary containment must be  provided  for
that part of the system before returning it to service, unless  the  leak
was from an aboveground component that can be visually inspected.   In
such case, the system can be  returned  to service  without secondary
containment after the component is repaired.  If  the repair  is  extensive,
(e.g. installation of an internal liner or repair of a ruptured  primary
or secondary containment vessel), then the  tank  system may not be  returned
to service until an independent, qualified, registered, professional
engineer certifies that the repaired system is capable of  handling
     5.  This report requirement is satisfied if the release is reported
pursuant to 40 CFR Part 302.

     6.  40 CFR 264.196(e) and 265.196(e).

                                   V-3

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                               OSWER
                                   Policy Directive #9483.00-3

           secondary containment before it is returned to
6.  What special requirements apply to the
                                                    or reactive
   _
    ignitable or reactive wastes must not be placed in tank systems except in
the following three cases:8


    '
      U?e.7reactions causing extreme heat or pressure; also, ,see
      question V.7);                                ,
    • The waste is stored or treated in  such a way
      from conditions which may cause the waste to
                                               or react,  or
      The tank system is used only for emergencies,
 _           s-ss SA sss
 waste management area and public ways, streets, etc.
     IWtibl* »astes *r '^f^^^^Jl^™ fealtions

 r=^^S^s^«s.^2:-jstr--
 S^HI-^^^^srr^ i-^^
 discussed above.9
     7.  40 CFR 264.196(f) and 265.196(f).

     8.  40 CFR 264.198 and 265.198.

     9.  40 CFR 264.199 and 265.199.
                             V-4

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                                        OSWER Policy Directive  #9483.00-3
8.  When must waste analyses and trial tests be conducted?

     An owner or operator of a tank sys"tem should conduct general waste
analysis before he treats, stores, or disposes of any hazardous waste.10
However, 40 CFR 265.200 now requires additional waste analysis  and trial
tests for interim status tank systems whenever a tank system is used to
treat chemically or store a hazardous waste that is substantially different
from waste previously treated or stored in that tank system, or whenever
a tank system is used to treat chemically a hazardous waste with a
substantially different process than was previously used in the tank
system.11  In such a circumstance, the owner or operator must obtain a
detailed chemical and physical analysis of a representative sample of
the waste, and he must follow a written waste analysis plan which is
kept at the facility.  However, if an owner or operator of a interim
status tank system can obtain written information on similar waste under
similar operating conditions to show that treatment or storage will meet
general operating requirements, he is not required to perform waste
analysis and trial tests.

     The July 14 tank rule does not require owners or operators of 90-day
                                       '                             "1*5
accumulation tank systems to conduct waste analyses and trial tests.'^
Unlike off-site commercial hazardous waste storage and treatment facilities
where a wide variety of hazardous wastes are managed, generators generally
produce and would thus store or treat wastes that are relatively consistent
in terms of their physical/chemical properties.  Thus, EPA does not
believe that waste analysis and trial tests must be conducted by generators
of hazardous waste because of their familiarity with the wastes they
generate.
      10.   40 CFR 264.13 or 265.13.

      11.   40 CFR 265.200.

      12.   40 CFR 262.34(a)(1).
                                   V-5

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                                        OSWER Policy Directive 19483.00-3
VI.  CLOSURE AND POST-CLOSURE CARE
                                       ^
1.  When must an owner or operator close a tank system?

     A tank system must be closed in either of two situations.   First,
when an owner/operator expects to cease handling hazardous waste in a
tank system, the owner or operator must notify EPA 45 days prior to the
date on which he "expects to begin closure" that he intends to  close the
tank system.  The owner or operator must begin closure of the tank system
within 30 days after the final volume of hazardous waste is placed in
the tank system.  If the owner or operator can show that there  is a
"reasonable possibility" that the tank system will receive additional
volumes of hazardous waste, closure may be delayed until no later than
one year after receipt of the most recent volume of hazardous waste.
Extensions beyond the one-year deadline may be granted at the discretion
of the Regional Administrator.1

     Second, if a tank system is found to be leaking or unfit-for-use,
the owner or operator must close the tank system unless he can  demonstrate
that: (1 ) the cause of the leak was a spill that has not damaged the
integrity of the tank system, or (2) the tank system can be repaired to
prevent additional leaks.2  In the case of a tank system that requires
repair, if  the leak from-the tank system occurred from a component that
did not have secondary containment, then the owner or operator  must
provide that component with secondary containment before it is  returned
to service.  However, if the leak occurred from an aboveground  portion
of the tank system that can be inspected visually, the tank system can
be returned to service without secondary containment, even if the repair
is extensive.  However, any extensive repairs conducted on a tank
system must be certified and any replacement equipment used in such
repairs must satisfy the requirements for new equipment.  If any of th.e
preceding requirements cannot be met, the tank system must be closed, j-

2.  What general procedures must be followed by an owner or operator when
    closing a tank system?

     The owner or operator must remove or decontaminate all waste residues,
contaminated system components (i.e., secondary containment liners or vaults),
contaminated soil, and structures and equipment contaminated with hazardous
waste.3  Any contaminated soil or equipment removed during closure must be
managed as  hazardous waste.  This decontamination requirement includes all
components  of the tank system, not just the tank.  The decontamination  .
requirement also applies explicitly to all soils contaminated by releases
from the unit, including saturated soils.  Although the required level of
decontamination for soils and equipment is not clearly defined at this time,
      1.   40 CFR  264.112(d) and 265.112(d)

      2.   40 CFR  264.196(e) and 265.196(e)

      3.   40 CFR  264.197 and  265.197.


                                   VI-1

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                                        OSWER Policy Directive #9483.00-3
EPA is currently developing policy on the  broad issue  of defining acceptable
levels of contamination.  Some discussion  of clean closure  can be found
in the preamble to a final rule amending the Part 265  closure  requirements
(see 53 FR 8704-8707; March 19, 1987).

     If the owner or operator demonstrates that not all contaminated  soils
can be practicably removed or decontaminated at closure, then  the owner
or operator must close the tank system and perform post-closure  care  in
accordance with the requirements applying  to landfills.4   (See questions
VI.5 and VI.6.)

3.  What information must be contained in. the Closure plan and cost estimate
    for closing a tank system?

     All tank systems must have a closure  plan and a cost  estimate  for
closure.5  The closure plan can pertain to either a single tank  system or
be a part of a larger plan for an entire facility.  The closure  plan  must
identify the steps necessary to perform closure of the tank system  at any
time during its active life.6  The closure plan must include,  at least:

     0 A description of facility conditions, including tank systems;

     0 The closure schedule for the facility including partial
       closure schedules for individual tank systems;

     0 The procedures for removing all waste inventory from the
       tank system and procedures for removing or decontaminating
       all tank  system components;

      0 The procedures for  removing or decontaminating all
       secondary containment structures and contaminated soils or
       additional equipment at the site;

      0 A description of the security  systems at  the site;  and

      0 The  procedures for certifying  closure of  the tank system at
       final  closure of the facility including tests  to be conducted.
      4.  40 CFR 264.197(b) and 265.197(b).

      5.  40 CPR 264.112 and 265.112.

      6.  For information on closure and post-closure plans and cost
 estimates, see "RCRA Guidance Manual for Subpart G Closure and Post-
 Closure Care Standards and Subpart H Cost Estimating Requirements,"
 February 1987, Available from NTIS, (703)-487-4600, NTIS No.  PB-87-158978,
 EPA/580-SW-87-010.


                                    VI-2

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                                        OSWER Policy Directive #9483.00-3
     In addition, the owner or operator must have a detailed written
estimate,7 in current dollars, for the cost of closing the tank system,
including:

     0 The cost of final closure at the point in the tank system's
       active life when closure would be most expensive;  and

     0 The costs to the owner or operator for hiring a third party
       to close the tank system.

     The estimate may not incorporate any salvage value from the sale of
hazardous waste or the sale of equipment.  The owner or operator must
adjust the estimate for inflation annually during the active life of the
facility (and submit it to EPA or the State).  Finally, the owner or
operator must keep the latest copy of the closure plan and cost estimate
at the facility during its operating life.

4.  when must an owner or operator prepare contingent closure and post-
    closure plans for closure as a landfill and what information must these
    contingent plans contain?

     Owners and operators of permitted and interim status tank systems that
do not have secondary containment and are not exempt from the secondary
containment requirement must prepare a contingent closure plan and a
contingent post-closure plan, in addition to the closure plan for closing
as a storage unit.8  The contingent closure plan is to describe the
closure activities to be followed if the tank system must be closed as a
landfill and should address the additional requirements for closing as a
landfill.  The contingent post-closure plan must address the monitoring
and maintenance activities to be conducted during the post-closure care
period.

     The owner or operator must also prepare cost estimates that reflect
the costs of complying with the contingent closure and post-closure
plans, if those costs are greater than the costs of complying with the
closure plan prepared for the expected closure.  When this is done, the
owner or operator must demonstrate financial assurance for closure and
post-closure care based on the cost estimates for contingent closure and
post-closure care.
     7.  For information on preparing cost estimates: "Guidance Manual:
Cost Estimates for Closure and Post-Closure Care Plans:   Vol..1 - Treatment
and Storage, NTIS PB #87-158994; Vol. II - Land Disposal, NTIS PB #87-159000;
Vol. Ill - Unit Costs, NTIS PB #87-159018; .Vol. IV - Documentation,
NTIS PB #87-159026; and all volumes at NTIS PB #87-158978.

    8.  40 CFR 264.197(c) and 265.197(c).
                                   VI-3

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                                        OSWER Policy Directive #9483.00-3
5.  when must an owner or operator close a tank system as a landfill?

     If an owner or operator of a tank system demonstrates to the Regional
administrator that all contaminated soils can not be  practicably removed
from the site of the tank system or decontaminated  at the time of closure,
then the owner or operator must close the tank system in the same manner
as a landfill (see 40 CFR 264.310 and 265.310).9 Once this determination
is made, the closure and post-closure requirements  that apply to landfills
apply to the tank system.

6.  If a tank system is closed as a landfill, what  procedures must be
    followed?

     If the owner or operator of the tank system has  prepared contingent
closure and post-closure plans (and the plans have  been approved by  EPA or
the State), then the activities in those plans must be followed, including
procedures for capping the site, installing ground-water monitoring  wells,
and preparing for long-term monitoring and maintenance activities.10
If a tank system that was not subject to the contingent closure and  post-
closure plan requirement (i.e., a tank system with  secondary containment)
is required to close as a landfill, the owner or operator must revise
the unit's closure plan to reflect closure as a landfill and prepare a
post-closure plan and permit application.  If closure has not yet begun,
the revised closure plan must be submitted within 60  days after the  date
that it is determined that the tank system must be  closed as a landfill.
If the determination is made during closure, the revised closure plan
must be submitted within 30 days after the determination.   The post-closure
plan should be drafted and submitted for approval within 90 days after
the determination that the site must be closed as a landfill.11

     In addition, cost estimates must be adjusted to  account  for the new
post-closure plan and modified closure plan activities.   For interim
status tank systems, the cost estimates must be revised  no  later than
30 days after a revision has been made to the closure plan or a post-
closure plan is prepared.  For permitted tank systems,  the  cost estimates
must be revised no  later than 30 days after the Regional  Administrator
has approved a request to modify the closure plan.12   Financial assurance
in accordance with  the revised cost estimates must also be  demonstrated
by the owner or operator.
      9.   40 CFR 264.197(b) and 264.197(b).

      10.   40 CFR 264.197(c) and 265.197(c) - see 40 CFR 264.310 and 265.310
 for closure and post-closure requirements for landfills.

      11.   40 CFR 264.118 and 265.118.

      12.   40 CFR 265.142 and 265.144.
                                   VI-4

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                                        OSWER Policy Directive #9483.00-3
7.  If an owner/operator plans to install secondary containment per the
    schedule in §§264.193(a)  or 265.193^(a') ,  must the owner/operator pre'pare
    the contingent closure and contingent post-closure plans?

     Yes, the contingent closure and contingent post-closure plans are
required for all tanks not having secondary containment meeting the
requirements of §§264.193 or.265.193,  even if," the owner/opera tor is
planning installation of secondary containment.  The plans would be
required until appropriate secondary containment is installed.
                                   VI-5

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                                        OSWER Policy Directive #9483.00-3
                                APPENDIX A'


    TECHNICAL AND GUIDANCE MATERIALS CONCERNING TANK SYSTEM MANAGEMENT


     The following compilation lists reference materials that may assist owner/
operators and other interested persons in compling with the requirement for
the management of hazardous waste tank systems.

     The RCRA Hotline at (800) 424-9346 can provide information on the•
availability of these documents.
Title

Technical Resource
Document for Storage
and Treatment of
Hazardous Waste in
Tank Systems
Technical Resource
Document for Obtaining
Variances from Secondary
Containment Requirements
for Hazardous Waste Tank
Systems:  Volume  I -
Technology-Based  Variance
 Technical  Resource
 Document for Obtaining
 Variances  from Secondary
 Containment Requirements
 for Hazardous Waste Tank
 Systems:   Volume II -
 Risk-Based Variance
Description

Describes and provides
information concerning
the technical require-
ments brought about by
the July 14, 1986 tank
system regulatory
amendments

Describes the tank
technologies, operating
practices, and location
characteristics that
may allow for a
variance from the
secondary containment
requirement

Describes the environ-^-
mental conditions and
waste characteristics
that, in combination,
pose no or  low risk to
human health and  the
environment in the
event of a  release  and
may allow for a variance
from the secondary
containment requirement
Reference No. and Date

NTIS # PB-87-134391
EPA/530-SW-86-044
December 1986
NTIS # PB-87-158655
February 1987
NTIS # PB-87-158663
February 1987
                                    A-1

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                                        OSWER Policy Directive  #9483.00-3
Title

Permit Applicant's Guid-
ance Manual for the
General Facility Standards
RCRA Guidance Manual for
Subpart G Closure and
Post-Closure Care Stand-
ards and Subpart H Cost
Estimating Requirements
Guidance Manual Cost
Estimates for Closure
and Post-Closure Care
Plans

Waste Analysis Plan
Guidance Manual
 Test Methods  for Evaluat-
 ing Solid Waste, 3rd ed.
 A Guide for Estimating
 the Incompatibility of
 Selected Hazardous Waste
 Based on Binary Chemical
 Mixtures

 Evaluating Cover Systems
 for Solid and Hazardous
 Waste

 Landfills and Surface
 Impoundments Performance
 Evaluation

 Closure of Hazardous
 Waste Surface Impoundments
Description

Guidance for permit
applicants addressing
general information
requirements of  270.14
(b)(1-12,19) and the
relevant 264 standards

Outlines requirements
for closure and  post-  ,
closure care of  units
and provides checklists
for closure and  post-
closure plans

Guidance and checklists
for preparing  closure
and post-closure cost
' estimates

 Guidance  on how to pre-
pare and  evaluate waste
 analysis  plans

 Technical information on
 testing of hazardous
 waste

 Provides method for de-
 termining the compatibi-
 lity of most binary com-
 binations of hazardous
 wastes

 Technical Resource
 Document'
Reference No. and Date

EPA # SW-968
October 1983
 Technical Resource
 Document
  Technical Resource
  Document
PB # 87-158978
February 1987
                                                      February 1987
 GPO #  055-000-00244-4
 September 1984


 GPO #'  955-001-00000-1
 EPA #  SW-846
 February 1987

 Available through ASTM
 Designation # P-168
 March  1 986
 EPA # SW-867
 GPO # 055-000-00228-2
 1982

 EPA # SW-869
 GPO # 055-000-00233-9
 1983

 EPA # SW-873
 GPO # 055-000-00227-4
 1982
                                    A-2

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                                        OSWER Policy Directive  #9483.00-3
Other References
Haxo, H.E , R.S. Haxo, N A- Nelson, P.P. Haxo, R.M. White,  and S.  Dakessian.
  1986.  Liner Materials Exposed to Toxic and Hazardous Wastes. Waste
  Management and Research.  4:247-264.

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