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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,"?"' 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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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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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
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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
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.
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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.
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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).
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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).
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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.
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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.
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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.
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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).
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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.
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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
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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
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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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