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EPA/530-SW-87-018
IMPLEMENTATION STRATEGY FOR THE
HAZARDOUS WASTE TANK SYSTEM REGULATIONS
Permits and State Programs Division
Office of Solid Waste
U.S. Environmental Protection Agency
May 1987
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EPA/530-SW-87-018
IMPLEMENTATION STRATEGY FOR THE
HAZARDOUS WASTE TANK SYSTEM REGULATIONS
Permits and State Programs Division
Office of Solid Waste
U.S. Environmental Protection Agency
May 1987
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OSWER Directive Number 9483.00-4
PREFACE
On July 14, 1986, the U.S. Environmental Protection Agency (EPA)
promulgated amendments to the regulations under the Resource Conservation and
Recovery Act (RCRA) for tank systems accumulating, storing, or treating
hazardous wastes, including those owned by Federal facilities (see Appendix
A). The rule requires that permitted and interim status hazardous waste tank
systems, and tank systems used to accumulate hazardous waste on a generator's
site for less than 90 days, be provided with secondary containment and leak
monitoring. The final rule also provides for variances to the secondary
containment requirements. Tank systems used to store, treat, or accumulate
hazardous waste are required to undergo additional tank integrity
inspections. A separate implementation strategy will address standards for
accumulation tank systems operated by generators of 100-1000 kg/month who
accumulate wastes on-site for less than 180 days (or 270 days if waste must be
shipped over 200 miles) and who do not exceed the 6,000 kg accumulation limit.
EPA developed this Implementation Strategy (Strategy) to facilitate
implementation of the regulations to achieve the maximum environmental
benefits in the most expeditious manner. The Strategy is designed to serve as
a plan for putting the regulations for hazardous waste tank systems into
effect. The Strategy, therefore, is organized according to the major
activities that will be undertaken in implementation. The authority
responsible for each activity is identified, and a schedule for completing the
tasks is provided.
The development of this Strategy began after the close of the comment
period for the June 26, 1985, proposed rule (see Appendix B). Initially, the
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OSWER Directive Number 9483.00-4
development process focused on the language in the June 26, 1985, proposal.
As the final rule was developed, however, the Strategy was revised to reflect
the final rule. Because of the ex-parte constraints on discussing proposed
rules with outside parties after the public comment period closes, this
Strategy was not distributed to State workgroup members for review and
comment. A final draft of the Strategy was distributed to Regional workgroup
members for review and concurrence. Revisions based on Regional comments
received have been incorporated into this final strategy.
Throughout the Strategy, the term "Regions/States" has been used to
indicate responsibility for activities. These responsibilities can be
identified as follows:
• Regions are to implement the HSWA portion of the
program in all States until the State receives
authorization for the HSWA provisions, and both the HSWA
and RCRA portions of the program in unauthorized States
until the State receives the appropriate authorization.
• States are to implement the program upon authorization
for these provisions.
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OSWER Directive Number 9483.00-4
TABLE OF CONTENTS
Page
PREFACE
I. EXECUTIVE SUMMARY 1
II. IMPLEMENTATION STRATEGY 14
A. Regulatory Coordination/Cross-Media Impact 14
B. State Authorization under both HSWA and pre-HSWA RCRA 17
C. Technical Issues 20
D. Distribution of Information 27
E. Data Management 29
F. Permitted, Interim Status, and Accumulation Tank Systems ... 33
G. Compliance Monitoring and Enforcement 42
III. APPENDICES
A. Rule Summary 47
B. Process Summary 54
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OSWER Directive Number 9483.00-4
I. EXECUTIVE SUMMARY*
The amendments to the regulations for hazardous waste tank systems
establish new technical standards and other requirements for owners and
operators of tank systems (see Appendix A). The following is a list of
implementatjxpn priorities specific to tanks; while not all explicitly
identified in the FY 1987 RCRA Implementation Plan (RIP), they are all
compatible with the RIP priorities:
a. Processing variance demonstrations for interim status
facilities and 90-day accumulation tank systems;
b. Processing permits for new facilities;
c. Processing permit modifications; and
d. Processing permits for facilities currently operating
under interim status.
To support and implement the new regulations and these priorities
effectively, this Strategy describes the major new implementation activities,'
outlined below, which the Regions/States need to accomplish. Headquarters'
activities to support this effort, such as guidance development, are addressed
in the body of the Strategy. Routine Regional/State activities, such as
negotiating grants to minimize duplication of effort and tracking data and
SPMS measures, also are addressed in the body of the Strategy.
The tables on pages 7 through 13 summarize these activities, as well as
other activities to support implementation of the rule. Table 1 presents an
overview of all activities, the responsible authorities, and the target dates
for completion. Table 2 depicts the timelines for completing each activity.
* For readers unfamiliar with the July 14, 1986, regulations, it is
recommended that the rule summary (Appendix A) be read in conjunction with
this section.
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REGION/STATE IMPLEMENTATION ACTIVITIES
Permits
a. Interim Status Facilities/New Facilities
The FY 1988 RIP indicates that all permit applications for interim status
facilities are to be called in no later than May 1988. Based on available
data, the Regions/States should develop a schedule for processing tank permits
tailored to the phased deadlines for the design and installation of secondary
containment and ensuring compliance with the 1992 deadline. Permits expected
to be issued prior to the various deadlines for secondary containment,
including permits for new facilities, should include conditions incorporating
these requirements through reopener provisions or compliance schedules. (For
use of compliance schedules, see pages 37-38.)
b. Permit Modifications
Regions/States should send letters to owners/operators of permitted
hazardous waste tank systems informing them of the revised Subpart J
regulations. The letters should emphasize the secondary containment
requirements and address the potential need to modify the permit prior to the
deadline for installation of secondary containment systems. The letters
should be sent concurrent with the promulgation of the final rule deleting the
requirement to obtain a permittee's agreement before modifying a permit to
incorporate additional conditions based on new regulations (§270.41(a)(3) --
projected for the third quarter of FY 1987).
To determine the priorities for modifying issued permits, the
Regions/States are urged to review all final RCRA tank permits and establish a
schedule for initiating permit modifications. This schedule should
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accommodate requests for variances from the secondary containment
requirements. These permit modifications must be processed as major
modifications and will require compliance with Part 124 procedures, including
preparation of draft permits. It is anticipated that these permit
modifications ordinarily will incorporate a schedule of compliance. (See
pages 38-39.)
Demonstrations for Secondary Containment Variances
Each Region will provide the Assistance Branch, Permits and State Programs
Division, with a list of handlers submitting an intent to seek a variance.
(See page 37.) Under 40 CFR 265.193(h)(4), the Regions/States must provide a
30-day comment period and an opportunity for a hearing for a variance
demonstration submitted by an owner/operator of an interim status facility
and/or a 90-day accumulator. Regions/States must make a final determination
on the variance request within 90 days of receipt of the demonstration (40 CFR
265.193(h)(5)).
For facilities that must meet the January 1989 deadline for installation
of a secondary containment system, notifications of an intent to submit a
demonstration for a variance were due by January 12, 1987, (40 CFR 264.193(h)
and 40 CFR 265.193(h)). Completed demonstrations must be submitted by July
11, 1987, and final determinations for interim status facilities and/or 90-day
accumulators must be made by October 9, 1987. Timely submittals should be
processed first. Regions/States have the discretion to process late
submittals; however, the regulatory deadline for installation of a secondary
containment system must be met.
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To determine the workload associated with these activities, as well as
activities necessary to meet future deadlines, the Regions/States should
review interim status tank facilities and 90-day accumulation tank systems to
determine which categories in Exhibit A (page 40) are applicable. (See
Compliance Monitoring and Enforcement section below and pages 42-46.)
To the extent possible, processing of secondary containment variance
demonstrations should be coordinated with permit application reviews so that
final determinations are made concurrently. However, where the simultaneous
processing of these variance demonstrations with permit applications covering
land disposal and/or incineration units will delay the final determination
beyond the statutory deadlines, Regions/States should proceed with the land
disposal and incineration parts of the permit and treat the variance
demonstrations and applicable portions of the permit application separately as
major modifications to the issued permit. Secondary containment variance
demonstrations should not delay final permit determinations for land disposal
facilities and incinerators.
Compliance Monitoring and Enforcement
This Strategy establishes a hierarchy of inspections and enforcement
actions for hazardous waste tank systems within the priorities established by
the FY 1987 RIP. To ensure that 90-day accumulation tanks are in compliance
with applicable Subpart J requirements, Regions/States should focus the
generator/transporter inspections on generators with 90-day accumulation
tanks. (See pages 42-43.)
To the extent possible, data needed to determine which categories in
Exhibit A (page 40) are applicable to interim status facilities and 90-day
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accumulation tank systems should be gathered during scheduled inspections.
Needed data, as well as any available documentation, include: schedule for
installation of new and replacement tank systems, age of tank systems, and age
of facility (determined by date of existence). This data will assist the
Regions/States in determining how many variance demonstrations may be
anticipated, as well as when these variance demonstrations may be received.
(See pages 37, 42 and 43.)
Regions/States will undertake activities to respond to leak reports and
assess the need for additional actions. Regions/States should develop
procedures for receiving phone reports of leaks so that appropriate personnel
are notified in a timely manner. To ensure that RCRA personnel also are
notified of releases from tank systems that are initially reported to the
National Response Center (NRG), under 40 CFR 302, Regions/States are
encouraged to coordinate with on-scene coordinators to develop procedures for
cross-communication of leak information. It is recommended that appropriate
telephone numbers for leak reporting be publicized.
Because written reports describing the nature and extent of a release do
not have to be submitted until 30 days after detection of a release to the
environment or, under §264.56(j), within 15 days if the incident requires
implementing the contingency plan, there may be significant lag time between
action. Regions/States, therefore, should identify steps that can or must be
taken between receipt of a phone report and receipt of a written report in
order to minimize potential risk to human health and the environment. The
Regions/States will be responsible for determining what responses should be
ordered as a result of release reports by tank system owners and operators.
Regions/States also should establish procedures for accepting and processing
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both telephone and written release reports. This would include identifying
personnel to handle such reports; developing a recordkeeping system to verify
that written reports are received within the allowed 30 day period; and
following up in cases where no written report is received. (See pages 43-45.)
Training
The amended Subpart J regulations require expertise in several areas:
corrosion protection, risk-based assessments, installation, etc. Training
sessions will be developed and initially presented by Headquarters. After the
initial training presentations, the Regions will be responsible for delivering
additional presentations. (See pages 22 and 23.)
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OSWER Directive Number 9483.00-4
TABLE 1
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR HAZARDOUS WASTE TANKS
Activity
Responsible Authority a/
Target
Date
Develop a list of names and
telephone numbers of the contact
person(s) in the relevant offices
of each Region and State
Distribute list of contacts
to Regions/States (per request)
Continue sharing information
between related workgroups
Develop a question and answer
document focusing on hazardous
waste tank regulations. Coor-
dinate this effort with States
Send copies to Regions and States
(per request) for further distribution
Work with States through grant
mechanism to minimize duplication
of effort
Develop regulatory checklist
Revise SCRAM to address the issue
of rulemakings adopted under the
authority of HSWA and pre-HSWA RCRA
PSPD, AB (lead)
OUST (assist)
OPMS
OSW, OUST
PSPD, AB
(technical content)
OPMS (format,
organization,
coordination, and
administration)
OPMS
Regions
OSW, SPB
OSW, SPB
January 1987
February 1987-
Ongoing
Ongoing
July 1987-
Ongoing
August 1987-
Ongoing
Beginning
Summer 1987
February 1987
June 1987
a/ See page 13 for the list of all responsible authorities and their acronyms.
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OSWER Directive Number 9483.00-4
TABLE 1 (continued)
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR HAZARDOUS WASTE TANKS
Activity
Responsible Authority
Target
Date
Develop or update
guidances to address:
a. Revisions to the Subpart J
regulations
b. Secondary Containment
Variances
c. Closure/Post-Closure
d. Inspections
(Draft)
e. Corrective Action
f. Clean-up Standards
(Draft)
Training
a. Develop training module for
Regional staff
b. Conduct workshops for
Regional staff coordinated
with other ongoing training
Incorporate findings from
ongoing research on tank system
and leak detection technologies
into existing guidance
WMD, WTB
WMD, WTB
PSPD, PB
RED, GEB
PSPD, PB
WMD, LDB
WMD, LDB
WMD, WTB and
PSPD, AB (tech-
nical content)
OPMS (organization
and administration)
WMD, WTB and
PSPB, AB (tech-
nical content)
OPMS (organization
and administration)
ORD (research)
WMD (coordination)
January 1987
March 1987
May 1987
September 1987
(May 1987)
Unscheduled
September 1987
(April 1987)
July 1987
July 1987-
Ongoing
Ongoing
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OSWER Directive Number 9483.00-4
TABLE 1 (continued)
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR HAZARDOUS WASTE TANKS
Activity
Responsible Authority
Target
Date
Provide PSPD, AB, with a list of Regions
facilities and 90-day accumula-
tors submitting an intent to seek
a variance
Ongoing
Permit Assistance Teams (PATS)
a. PATs conduct several initial
permit and variance demon-
stration reviews; thereafter
PATs available on a request
basis
b. Procedural guidelines
developed through PAT reviews
transferred to the Regions
Develop compendium of all available
tank-related material; update as
necessary
Track data on closure, corrective
action, permitting, compliance
and enforcement, and financial
responsibility as indicated in
attachment C of FY 1987 RIP
Track SPMS measures as indicated
in Attachment D of the FY87 RIP
Develop procedures to ensure
coordination between the SPB RCRIS
representative and the implementation
strategy coordinator
PSPD, AB (lead)
WMD, WTB (tech-
nical support)
PSPD, AB
PSPD, AB
PSPD, PB (assist)
Regions/States
January 1987-
Ongoing
February 1987-
Ongoing
July 1987-
Ongoing
Ongoing
Regions/States
PSPD, SPB
Integrate data needs of various PSPD, SPB
implementation strategies with the
development of RCRIS
Ongoing
May 1987
Ongoing
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TABLE 1 (continued)
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR HAZARDOUS WASTE TANKS
Target
Activity Responsible Authority Date
Review and make final deter- Regions July 1987-
minations on variance demon- October 1987
strations for facilities
that must meet the 1/89
deadline
Collect data during inspections Regions Ongoing
of tank systems to determine
date of secondary containment
installation
Review interim status tank Regions Ongoing
facilities and 90-day accu-
mulation tank systems
Process permits for new Regions As received
facilities
Modify permits to incorporate Regions As scheduled
amended tank requirements
Inspect tank systems and initiate Regions/States Ongoing
enforcement actions in accordance
with RIP priorities and this Strategy
Publish telephone numbers in Headquarters/ January 1987
guidance material for regu- Regions
lated community
Establish procedures for Regions June 1987
receiving, processing, and
acting on both telephone
and written release reports
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TABLE 1 (continued)
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR HAZARDOUS WASTE TANKS
Target
Activity Responsible Authority Date
Establish procedures for infor- Regions June 1987
mation transfer between on-
scene Coordinators and RCRA
personnel for tank releases
above CERCLA reportable
quantities
Identify steps that can or Regions June 1987
must be taken in the 30
day period between receipt
of telephone and written
release reports
Monitor need to coordinate OSW (with Beginning
tank system reporting procedures contractor January 1987-
assistance) Ongoing
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OSWER Directive Number 9U83.00-U
TABLE 2
SCHEDULE FOR IMPLEMENTATION ACTIVITIES FOR HAZARDOUS WASTE TANKS
Act ivi ty
Durat ion ( 1987 )
Jan Feb Mar Apr
May
June
July Aug
Sept Oct
A. Regulatory Coordination
B. State Authorization
C. Technical Issues:
1. Develop or Update
Guidances
2. T ra i n i ng
3. Incorporate Findings
From Technical Re-
search Into Guid-
ances
U. Li st of FaciIities
Submitting Variances
5. Permit Assistance
Teams (PATs)
D. Distribution of
Informat ion
E. Data Management
F. Permit and Variance
Request Review
G. Compliance Monitoring
and Enforcement
Ongo ing
Ongo ing
Ongo ing
Ongo i ng
Ongo ing
Ongo ing
Ongo ing
Ongo ing
Ongo ing
Ongo ing
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Acronyms
AB Assistance Branch
CEI Compliance/Enforcement and Inspections
GEB Guidance and Evaluation Branch
HSWA Hazardous and Solid Waste Amendments of 1984
LDB Land Disposal Branch
OPPI Office of Policy, Planning and Information
OPMS Office of Program Management and Support
ORD Office of Research and Development
OSW Office of Solid Waste
OUST Office of Underground Storage Tanks
OWPE Office of Waste Programs Enforcement
PAT Permit Assistance Team
PB Permits Branch
PSPD Permits and State Programs Division
RCRA Resource Conservation and Recovery Act
RCRIS Resource Conservation and Recovery Information System
RED RCRA Enforcement Division
RIP RCRA Implementation Plan
SCRAM State Consolidated RCRA Authorization Manual
SPB State Programs Branch
SPMS Strategic Planning and Management System
WMD Waste Management Division
WTB Waste Treatment Branch
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II. IMPLEMENTATION STRATEGY
This Strategy outlines the key activities for implementing the hazardous
waste tank system regulations. These activities are intended to achieve the
maximum environmental benefits with the available resources. Each of the
seven major activities required for implementation is described below. The
elements of each activity, the responsible authority, and the general schedule
for completing the activities are summarized in tables following each section.
A. REGULATORY COORDINATION/CROSS-MEDIA IMPACT
This section addresses the implementation of the hazardous waste tank
system rules in a manner that takes into account relevant EPA regulatory
initiatives. A summary of the activities involved in regulatory coordination
is listed in Table 3.
The implementation of the tank system regulations eventually will be
coordinated with the implementation of other relevant RCRA regulatory
programs, including the regulation of underground tanks under Subtitle I and
used oil, when those programs are developed. EPA currently is developing a
comprehensive program under Subtitle I to regulate underground tanks that
store regulated substances. In many States, different offices have
responsibility for the Subtitle C and Subtitle I programs. For example, the
regulation of underground storage tanks may be the responsibility of the State
fire marshall who may not have a background in or responsibility for hazardous
waste regulations.
As part of the coordination effort, the Office of Underground Storage
Tanks (OUST), and the Waste Management Division (WMD) developed a list of the
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names and telephone numbers of contacts in the relevant offices of each Region
and State. This list will be distributed to all responsible State and
Regional offices by Office of Program Management and Support (OPMS) on a per
request basis. Similarly, Headquarters workgroups involved with other tank
system issues will continue to share information regarding their various
efforts. To aid in interpreting the regulations, PSPD, AB, is developing a
question and answer document focusing on the hazardous waste tank
regulations. This document will be updated as necessary. The procedures used
to develop and distribute the small quantity generator materials will be used
to develop and distribute the tank materials. OPMS will distribute an
appropriate number of copies to each Region for further distribution. States
will be given the option of distributing the brochures or having the Regions
distribute them.
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OSWER Directive Number 9483.00-4
TABLE 3
REGULATORY COORDINATION/CROSS-MEDIA IMPACT
Activity
Responsible Authority
Target
Date
Develop a list of names and
telephone numbers of the contact
person in the relevant offices of
each Region and State.
Distribute list of contacts
to Regions/States (per request)
Continue sharing information
between related workgroups
Develop a question and answer
document focusing on hazardous
waste tank regulations. Coor-
dinate this effort with States.
Send copies to Regions and States
(per request) for further distribution
WMD, WTB (lead)
OUST (assist)
OPMS
OSW, OUST
PSPD, AB (tech-
nical content)
OPMS (format,
organization,
coordination, and
administration) •
OPMS
January 1987
February 1987-
Ongoing
Ongoing
July 1987-
Ongoing
August 1987-
Ongoing
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B. STATE AUTHORIZATION UNDER BOTH HSWA AND PRE-HSWA RCRA
The tank system regulations were promulgated under the authority of both
RCRA and the Hazardous and Solid Waste Amendments of 1984 (HSWA).2 Under
HSWA, EPA implements the HSWA-related standards in both nonauthorized and
authorized States until a State revises its program to adopt the HSWA rules
and the revision is approved by EPA. Hazardous waste tank system standards
that are adopted pursuant to pre-HSWA RCRA, however, become effective on the
Federal effective date only in unauthorized States. The pre-HSWA RCRA
standards are not effective in authorized States until the State revises its
program to adopt these standards and the revision is approved by EPA. States
with existing standards may continue to administer and enforce their standards
as a matter of State law.
The procedures and schedule for State program modifications are described
in 40 CFR 271.21. On September 22, 1986, EPA amended §271.21 (see 51 FR
33712-33723). Authorized State programs must be revised by July 1, 1988, to
reflect the tank system regulations promulgated under the authority of RCRA
and by July 1, 1989, to reflect the tank system regulations promulgated under
the authority of HSWA. To avoid duplication of effort, since some of the
regulations were promulgated under the dual authorities of RCRA and HSWA,
States are encouraged to submit one application for both RCRA and HSWA
provisions by July 1, 1988.
2 The Sections of the tank regulations promulgated pursuant to HSWA
authority are the following: (A) all Part 264 and 265 requirements applicable
to tanks owned or operated by small quantity generators (3001(d) of HSWA); (B)
leak detection requirements for all new underground tanks (section 3004(o)(4)
of HSWA); and (C) permitting standards for underground tanks that cannot be
entered for inspection (section 3004(w) of HSWA). The final rule specifically
identifies which Sections of the tank regulations are promulgated pursuant to
HSWA for the categories outlined above (see Appendix A).
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PSPD, State Programs Branch (SPB), developed a regulatory checklist to be
used by Regional Offices and States to determine if State programs are
equivalent to the Federal program. The checklist identifies: (1) which
standards were proposed under authority of HSWA and which were proposed under
pre-HSWA RCRA, and (2) the corresponding effective dates. The State
Consolidated RCRA Authorization Manual (SCRAM) Draft, March 1986, will be
revised to address the issue of ruleraakings adopted under the authority of
both HSWA and pre-HSWA RCRA by June 1987.
The distinction between RCRA and HSWA regulated tank systems may cause
coordination problems until States are fully authorized to implement all the
hazardous waste tank regulations. During the interim period, facilities may
be regulated by both EPA and the State. For example, in an authorized State
the owner or operator of a tank regulated under HSWA provisions and existing
State rules may be required to file permit applications with both the State
and Federal authorities. The dual permitting process could lead to different
priorities for permit reviews and could consume resources unnecessarily.
In implementing the Federal program, EPA will work with States through the
grant mechanisms to minimize duplication of effort. In those States
authorized for portions of the tank permitting program, EPA will coordinate
permitting efforts with the State pursuant to a Memorandum of Agreement or
other EPA/State joint permitting agreement. Under HSWA, EPA retains
responsibility for the issuance of HSWA permits and HSWA portions of permits
until the States receive authorization for these HSWA standards. (See Section
F, also.)
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OSWER Directive Number 9483.00-4
TABLE 4
STATE AUTHORIZATION
Activity
Responsible Authority
Target
Date
Work with States through grant
mechanism to minimize duplication
of effort
Develop regulatory checklist
Revise SCRAM to address the issue
of rulemakings adopted under the
authority of HSWA and pre-HSWA RCRA
Regions
OSW, SPB
OSW, SPB
Beginning
Summer 1987
February 1987
June 1987
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C. TECHNICAL ISSUES
There are a wide range of technical issues associated with the new
standards that will have a significant effect on implementation. The
regulations establish new technical standards for permitted, interim status,
and accumulation hazardous waste tank systems. These standards will place a
greater demand on the availability of technical specialists for the
development and installation of appropriate tank system technologies. Agency
and State personnel will be required to apply the new technical standards in
permit reviews, variance request evaluations, and inspections. The regulated
community will be required to meet new standards for secondary containment,
corrosion protection, leak testing, and continuing integrity inspections.
Facility owners and operators will depend on technical specialists for
assistance in areas relating to design, integrity assessments, installation
certifications, corrosion protection certifications, repair and replacement
certifications, and leak testing procedures. Processing of variances from the
secondary containment requirements also will involve the review of highly
technical, site-specific information.
EPA recognizes that proper implementation of the new standards requires
that technical assistance be provided both to the regulated community and to
Agency and State personnel. As a result, the Agency will provide assistance
in the form of guidance, training, research reports, use of Headquarters
Permit Assistance Teams (PATs), and identification of independent specialists
and existing technical publications. Each of these activities is summarized
in Table 5. The guidance documents, research reports, and lists discussed
below will be available through estalished channels and will be summarized in
the compendium discussed in II.D of this Strategy.
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1. Guidance
WMD developed a technical guidance document that describes how to
implement certain aspects of the revised tank system regulations. The
guidance discusses tank system design, construction, and corrosion
protection. The guidance also addresses regular inspection procedures for
owners and operators and includes a checklist to assist the owners and
operators in conducting their inspections. This guidance was completed in
January 1987.
Since certain provisions, such as secondary containment variances, are not
covered in this Subpart J guidance or other guidances, additional guidance or
technical resource documents have been or will be developed as follows:
a. Variances. The regulations require the eventual installation of
secondary containment for tank systems and allow owners and operators to apply
for variances from these full secondary containment requirements for
permitted, interim status, and accumulation facilities. WMD developed a
technical resource document addressing these variance provisions (March 1987).
b. Closure/Post-Closure. The closure and post-closure guidance developed
by the PSPD is being reviewed and expanded as necessary to ensure that tank
closure and post-closure issues are addressed adequately. WMD, Waste
Treatment Branch (WTB), is providing technical support for this activity.
This guidance will be issued as final in May 1987.
c. Inspections. The RCRA Enforcement Division (RED) of the Office of
Waste Programs Enforcement (OWPE) will develop inspection guidance and a
checklist addressing all the revised tank requirements, including leak
detection, corrosion protection, installation and design leak testing,
integrity assessments, etc. This inspection guidance will be incorporated
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into the Compliance/Enforcement and Inspections (CEI) guidance by September
1987, with a first draft in May 1987.
d. Corrective Action. PSPD and WMD reviewed the technical corrective
action guidance being developed by the Land Disposal Branch (LDB) and
determined that corrective action for tank systems is not adequately
addressed. The technical corrective action guidance will be revised to
address tank systems, including the issue of triggers for corrective action.
The target date for this activity currently is unscheduled.
e. Clean-up Standards. WMD currently is developing guidance which
addresses clean-up standards. This guidance is scheduled to be completed by
September 1987 (with a draft in April 1987).
When finalized, all of these guidances and technical resource documents
will be distributed to State and Regional staff by the developing offices and
will be made available to the general public through the Regional offices,
through the RCRA Hotline, and through established channels (GPO, NTIS, etc.).
2. Training
WMD, PSPD, and OPMS will coordinate the development and presentation of
training sessions and workshops for State and Regional staffs. WMD will be
responsible for the technical content of the training sessions and workshops
and will develop the material for handouts, slides, etc., as necessary by July
1987. OPMS will be responsible for the organization of the training sessions
and workshops and for any administrative activities incidental to presenting
the sessions and workshops. The training sessions will be an ongoing activity
beginning in July 1987. WMD will select the appropriate staff for conducting
the sessions and workshops. This training effort will be combined with the
training needs identified under several other strategies currently under
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development. The training sessions and workshops will be developed as
separable topic modules for ease and economy of presentation. The tank
training modules will focus initially on the technical guidances for Subpart
J, as well as variance reviews, and inspections. When revisions specific to
tanks are made to the closure and post-closure and corrective action
guidances, additional training modules may need to be developed and
delivered. After the initial training presentations, beginning in July 1987,
the Regions will be responsible for delivering additional presentations to
State staff. Training courses also may be developed eventually for owners and
operators if there is a need and the funding becomes available. However,
private industry already is offering seminars and workshops on the tank system
regulations.
3. Research Reports
The Office of Research and Development (ORD) is conducting ongoing
research concerning tank system leak testing and leak detection technologies,
and the results from these studies will supplement the guidance materials
discussed above. Further research concerning specific products and
technologies currently is being gathered by EPA ORD.
4. Permit Assistance Teams (PATs)
It should be noted that not many variance demonstrations are expected to
be submitted. PSPD will make the PAT available to provide assistance and
guidance to ensure consistency in the development of tank system permits. The
PAT also will provide technical assistance on reviews of the first several
variance demonstrations nationwide. Each Region will provide the PSPD, AB,
with a list of handlers submitting an intent to seek a variance. The PAT will
choose which demonstrations it will review based on complexity, uniqueness,
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national consistency, etc. The PSPD, AB, will monitor the first several
reviews and use the information gathered during these reviews to develop
guidelines for conducting similar future reviews. Further support from the
PAT will be available on a request basis.
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OSWER Directive Number 9483.00-4
TABLE 5
TECHNICAL ISSUES
Activity
Responsible Authority
Target
Date
1. Develop or update guidances
to address:
a. Revisions to the Subpart J
regulations
b. Secondary Containment
Variances
c. Closure/Post-Closure
d. Inspections
(Draft)
e. Corrective Action
f. Clean-up Standards
(Draft)
2. Training
a. Develop training module for
Regional staff
b. Conduct workshops for
Regional staff coordinated
with other ongoing training
3. Incorporate findings from
ongoing research on tank system
and leak detection technologies
into existing guidance
WMD, WTB
WMD, WTB
PSPD, PB
RED, GEB
WMD, LDB
PSPD, PB
WMD, LDB
WMD, WTB, and
PSPB, AB (tech-
nical content)
OPMS (organization
and administration)
WMD, WTB, and
PSPB, AB (tech-
nical content)
OPMS (organization
and administration)
ORD (research)
WMD (coordination)
January 1987
March 1987
May 1987
September 1987
(May 1987)
Unscheduled
September 1987
(April 1987)
July 1987
July 1987-
Ongoing
Ongoing
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TABLE 5
TECHNICAL ISSUES
Target
Activity Responsible Authority Date
4. Provide PSPD, AB, with a list of Regions Ongoing
facilities and 90-day accumulators
submitting an intent to seek a
variance
5. Permit Assistance Teams (PATS)
a. PATs conduct several initial PSPD, AB (lead) January 1987-
permit and variance request WMD, WTB (tech- Ongoing
reviews; thereafter PATs nical support)
available on a request basis
b. Procedural guidelines PSPD, AB February 1987-
developed through PAT reviews Ongoing
transferred to the Regions
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D. DISTRIBUTION OF INFORMATION
Following development of the guidance documents, research reports, lists,
and other information detailed in II.C., these materials will be distributed
to State and Regional staffs, the regulated community, and the general public.
Distribution will be conducted through established channels (e.g., NTIS, OSWER
Directives System, etc.)
The PSPD, AB, will have primary responsibility for developing a compendium
of available tank-related materials. The Permits Branch (PB), PSPD, will
assist in this activity. This compendium will include: the title and date of
the document, the status of the document (draft, final, etc.), a summary of
the document, a contact person and phone number for inquiries, and a contact
person and phone number for copies of the document. This activity is
scheduled for completion in July 1987. The compendium will be updated on an
ongoing basis.
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TABLE 6
DISTRIBUTION OF INFORMATION
Target
Activity Responsible Authority Date
Develop compendium of all avail- PSPD, AB July 1987-
able tank-related material; update PSPD, PB (assist) Ongoing
as necessary
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E. DATA MANAGEMENT
Under the amendments to the hazardous waste tank system regulations, the
Regions/States will receive a variety of data concerning tank system design,
installation, operation, and closure. An Office of Solid Waste Regulatory
Impact Analysis Tank Survey Data Base estimates that there are over 8,600
storage and treatment tank systems and 6,400 accumulation tank systems located
throughout the country (in both authorized and unauthorized States) operated
by generators of over 1000 kg/month of hazardous waste which will be subject
to the Subpart J tank system regulations.3 The data that will be received
from these tank system operators by Regions/States as a result of the
technical requirements of the regulations include:
• Additional technical information required for Part B permit
applications, including structural integrity assessments, and
descriptions of new tank installation, secondary containment
systems, or alternate design and operating practices;
• Requests for variances from secondary containment for storage,
treatment, or accumulation tank systems;
• Reports of releases to the environment and, estimates of the
extent of any releases to the environment from permitted,
existing interim status, and accumulation tank systems; and
• Notification of intent to return to service a tank system that
has undergone major repair.
Thus, certain data management activities will be necessary. These activities
are summarized in Table 7.
Regions/States will be required to provide information to Headquarters on
closure, corrective action, permitting, compliance monitoring and enforcement,
and financial responsibility as indicated in Attachment C of the FY 1987 RIP.
3 IGF Incorporated and Pope-Reid Assoc., Inc., Hazardous Waste Tanks
Risk Analysis Draft Report, prepared for the Office of Solid Waste, U.S.
Environmental Protection Agency, March 1986, pp. 4-20 through 4-24.
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Attachment D of the FY 1987 RIP indicates the Strategic Planning and
Management System (SPMS) measures the Regions/States will be required to
track. Certain other data elements, such as variances issued, will be tracked
as a result of State-EPA Memoranda of Agreement or State grant requirements.
Thus, data management activities will be needed to ensure proper tracking of
the data by Headquarters, Regions, and States.
The Regions/States may want to track additional data elements to be able
to demonstrate the status of a given program area, to target compliance
monitoring and enforcement priorities, and to substantiate recommendations for
regulatory amendments to improve program quality. Recommendations and
accompanying rationales for tracking additional data elements are provided
below.
1. Number of permits issued incorporating a variance; number of
permits issued with no variance; and the timeframes for
issuance: This data element would indicate what additional time,
if any, is necessary to process tank permits with variances.
This information could be used to verify workload analysis.
2. Number of variance demonstrations received based on the
technology-based standard; number of variances issued based on a
technology-based demonstration; number of facilities which
received a technology-based variance currently under an
enforcement action; and the same data elements for risk-based
variances: Taken together, the data would show the ratio of
demonstrations received to variances granted for both categories
(technology based and risk based). This, in turn, would help to
indicate how frequently each of the variance categories has been
used as well as the success rate for each category. These data
elements also would show the enforcement status of those
facilities which received variances, which could be compared to
the enforcement status of facilities operating with no variances.
3. Number of permitted facilities on a compliance schedule for
secondary containment; number of facilities meeting interim
milestones; number of facilities meeting final milestones; and
number of facilities with compliance schedules that are under
enforcement: These data elements would help to demonstrate the
effectiveness and efficiency of compliance schedules.
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4. Number of interim status facilities that received a variance;
number of interim status facilities with a variance that
currently are under an enforcement action; number of 90-day
accumulators that received a variance; and number of 90-day
accumulators with a variance that are under an enforcement
action: These data elements would help to indicate whether these
categories of facilities need additional regulation.
5. Number of permitted facilities operating without a variance;
number of permitted facilities operating without a variance
currently under an enforcement action; number of permitted
facilities operating with a variance; and number of permitted
facilities operating with a variance currently under an
enforcement action: These data elements would help to indicate
whether facilities with variances demonstrate a greater risk.
In addition to the above, the Resource Conservation and Recovery
Information System (RCRIS) workgroup, in a draft document (May 1986)
recommended the incorporation of certain data elements into RCRIS. Several of
these recommended data elements, if finally incorporated, should impact
favorably on the data management needs for hazardous waste tanks.
The SPB will integrate the data needs of the various strategies with the
development of RCRIS. The SPB representative to the RCRIS workgroup has made
data management recommendations based on the various implementation
strategies. As part of this effort, SPB will develop procedures to ensure
communication between the SPB's RCRIS representative and the implementation
strategy coordinator (May 1987).
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TABLE 7
DATA MANAGEMENT
Target
Activity Responsible Authority Date
Track data on closure, corrective Regions/States Ongoing
action, permitting, compliance
and enforcement, and financial
responsibility as indicated in
attachment C of FY 1987 RIP
Track SPMS measures as indicated Regions/States Ongoing
in Attachment D of the FY87 RIP
Develop procedures to ensure PSPD, SPB May 1987
coordination between the SPB RCRIS
representative and the implementation
strategy coordinator
Integrate data needs of various PSPD, SPB Ongoing
implementation strategies with the
development of RCRIS
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F. PERMITTED, INTERIM STATUS, AND ACCUMULATION TANK
SYSTEMS
One of the major new provisions in the Subpart J amendments is the
secondary containment requirement. Existing permitted, interim status, and
90-day accumulation tank systems must install a secondary containment system
within two to fifteen years of the date of promulgation of the revised Subpart
J regulations, unless they have obtained variances. If a component of a tank
system without secondary containment is the source of a release, the
owner/operator must provide the component of the system with secondary
containment before it can be returned to service. These time-frames are based
on the age of the tank system, the contents of the tank system, and the age of
the facility (see Exhibit A, page 40). Secondary containment systems must be
installed for all new and replacement tank systems prior to their being put
into service. Variances from the secondary containment requirements may be
granted if the owner/operator demonstrates: 1) that alternative design and
operating practices, together with location characteristics, will prevent the
migration of any hazardous waste or hazardous constituents into the ground
water or surface water at least as effectively as secondary containment during
the active life of the tank system; or, 2) that in the event of a release that
does migrate to ground water or surface water, no substantial present or
potential hazard will be posed to human health or the environment (see Exhibit
B, page 40). The activities necessary to implement these provisions are
described below and are summarized in Table 8. The activities identified for
interim status facilities will apply to 90-day accumulation tank systems, as
well. Also included is a discussion of the applicability of the amended
regulations and the priorities established for tanks.
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1. Applicability
a. HSWA Authority/RCRA Authority
Regulations promulgated under HSWA authority are effective in both
authorized and non-authorized States upon the Federal effective date. The
sub-paragraphs below indicate which sections of the July 14, 1986, regulations
were promulgated under HSWA authority.
i. The following sections of the July 14, 1986 regulations are
HSWA authorities when they are applied to new underground tanks
(effective January 12, 1987):
260.10
262.34(a)(i)--incorporates all HSWA authorities under
§265, Subpart J, which are promulgated pursuant to
3004(o)(4) and are listed under this paragraph (i)
264.190
264.192(a)(l)(i), (a)(3), (a)(4), (a)(5), and (b)-(g)
264.193(a)-(f), (g)(l), and (h)
264.195
265.190
265.192(a)(l)(i), (a)(3), (a)(4), (a)(5), and (b)-(g)
265.193(a)-(f), (g),(l), and (h)
265.195
270.14(b)
270.16
270.72(e)
ii. The following sections of the regulations are HSWA authorities
when they are applied as permitting standards for underground
tanks that cannot be entered for inspection (effective January
12, 1987):
260.10
264.110
264.140
264.190-264.199
270.14(b)
270.16
iii. Parts 264 and 265 requirements applicable to tank systems owned
and operated by small quantity generators are promulgated as
HSWA authorities (effective March 24, 1987).
Regulations promulgated under RCRA authority are effective in
non-authorized States upon the Federal effective date.
Regulations promulgated under RCRA authority are not effective
in authorized States until the State revises its program and
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the revision is approved by EPA. Authorized State programs
must be revised by July 1, 1988 to reflect the tank system
regulations promulgated under the authority of RCRA and by July
1, 1989 to reflect the tank regulations promulgated under the
authority of HSWA.
b. Permitted Facilities
Under §270.4, compliance with a RCRA permit during its term constitutes
compliance with Subtitle C of RCRA for purposes of enforcement. Therefore,
unless an issued RCRA permit is modified, none of the amended tank
requirements, including secondary containment, can be enforced at a RCRA
permitted facility. Also, under the current §270.41(a)(3), a permit may be
modified to incorporate new regulations only if the permittee agrees. On
March 28, 1986, the Agency proposed to amend §270.41(a)(3) to allow the Agency
to initiate modifications to a permit without first receiving a request from
the permittee if statutory changes or new or amended standards affect the
basis of the permit. This proposal is expected to be promulgated in final
form by April 1987 (effective October 1987). Nevertheless, the permitting
agency should encourage permit modifications prior to the promulgation of the
amendments to §270.41(a)(3).
2. Priorities
The following is a list of priorities specific to tanks within the
priorities established by the FY 1987 RIP:
a. Processing variance demonstations for interim status facilities
and 90-day accumulaton tank systems;
b. Processing permits for new facilities;
c. Processing permit modifications; and,
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d. Processing permits for facilities currently operating under
interim status.
The following discussion describes the activities necessary to
implement these amended regulations within the priorities outlined
above. This discussion applies to the amended requirements promulgated
under HSWA authority in both authorized and non-authorized States. The
discussion also applies to the amended requirements promulgated under
pre-HSWA RCRA authority in non-authorized States. States are encouraged
to follow the procedures discussed below when they have received
authorizaton for the necessary program revisions.
3. Variance Demonstrations for Interim Status Facilities and 90-Day
Accumulation Tank Systems
The owner/operator of an interim status tank system or a 90-day
accumulation tank system must notify EPA in writing of an intent to conduct a
demonstration for a variance. For existing tank systems, EPA must be notified
at least 24 months prior to the date that secondary containment must be
provided. For new tank systems, EPA must be notified at least 30 days prior
to entering into a contract for installation of the tank system. The
demonstration must be completed and submitted to EPA within 180 days of this
notification. EPA must provide a comment period (30 days) and an opportunity
for a hearing for all demonstrations and must make a final determination on
the variance request within 90 days of receipt of the demonstration. If the
demonstration for a variance is incomplete or does not include sufficient
information, the 90-day time period will begin when EPA receives a complete
demonstration, including all information necessary to make a final
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determination. If the public comment period is extended, the 90-day time
period will be extended also.
For facilities that must meet the January 1989 deadline for installation
of a.secondary containment system (see Exhibit A), notifications of an intent
to submit a demonstration for a variance were to be submitted by January 12,
1987. The completed demonstrations must be submitted by July 11, 1987, and
final determinations must be made by October 9, 1987. These activities must
be factored into FY 1987 workplans. To assist in this task, each Region will
provide PSPD, AB, with a list of facilities and 90-day accumulators that have
submitted an intent to seek a variance.
To budget for these activities in subsequent fiscal years, the permitting
agency should review interim status tank facilities and 90-day accumulation
tank systems to determine which categories detailed in Exhibit A are
applicable. Since HWDMS does not contain all the data required to make this
determination, additional data should be gathered during scheduled
inspections. Needed data, as well as any available documentation, include:
schedule for installation of new and replacement tank systems, age of tank
systems, and age of facility (determined by date of existence). This data
should assist the permitting agency in determining how many variance
demonstrations may be anticipated, as well as when these variance
demonstrations may be received.
4. Permits for New Facilities
Permits expected to be issued prior to the various deadlines for secondary
containment requirements should contain conditions addressing the new tank
regulations. This can be done in either of two ways. First, the permit may
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include a reopener condition specific to the secondary containment
requirements. When the permit is reopened to incorporate specific secondary
containment conditions, the procedures in Part 124 must be followed. Second,
the permit may include a compliance schedule for installation of a secondary
containment system. This approach necessitates a review of the information
required under §270.16(g) prior to permit issuance. It also will require
tracking the activities in the compliance schedule to ensure that the
activities are completed on schedule and as approved. It should not require
any additional Part 124 procedures; i.e., no public comment period, etc. The
use of compliance schedules is encouraged.
5. Permit Modifications
The permitting agency should initiate contact with all owners/operators of
permitted hazardous waste tank systems concurrent with the promulgation of the
amendments to §270.41(a)(3) in final form. The permitting agency should
inform these owners/operators in writing of the revised Subpart J regulations,
emphasizing the secondary containment requirements, and addressing the
possible need to modify the permit prior to the deadlines for installation of
secondary containment systems. For instance, permits for tank systems that
fall into category 2 in Exhibit A (tank systems containing F020, F021, etc.)
should be modified prior to January 1989. Permits for tank systems that are
subject to the July 1994 deadline for secondary containment may not need
modification if the permit expires before July 1994. To determine the
priorities for permit modification, based on the categories in Exhibit A, the
permitting agency should review all issued RCRA tank permits and establish a
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schedule for initiating permit modifications. The schedule should accommodate
requests for variance from the secondary containment requirements.
Since these modifications are major modifications, draft permits must be
prepared and procedures in Part 124, or approved State procedures, must be
followed. For major permit modifications, only those conditions subject to
modification are reopened. It is anticipated that these permit modifications
ordinarily will incorporate a schedule of compliance.
6. Permits for Facilities Currently Operating Under Interim Status
The permitting agency should not delay permits that are scheduled to be
issued prior to the various deadlines for compliance with the secondary
containment requirements. However, these permits must contain conditions
addressing the amended tank regulations. (See discussion under paragraph 4
above.)
As indicated in the FY 1988 RIP, all call-ins must be completed by May
1988. When updating the multi-year strategies to incorporate final
determinations on these permits, consideration should be given to the deadline
for installation of secondary containment systems. The plans and
specifications for the design and installation of the secondary containment
systems could be reviewed and approved as part of the permit process. The
permit then would include specific conditions covering secondary containment
systems. This approach would preclude installation of unacceptable secondary
containment systems and would avoid the additional cost of retrofitting a
secondary containment system installed under interim status.
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EXHIBIT A
Secondary containment must be provided for:
(1) all new tank systems or components prior to their being put into
service;
(2) all existing tank systems used to store or treat EPA Hazardous
Waste Nos. F020, F021, F022, F023, F026, and F027, within two
years after January 12, 1987;
(3) those existing tank systems of known and documented age, within
two years after January 12, 1987; or when the tank system has
reached fifteen years of age, whichever comes later;
(4) those existing tank systems for which the age cannot be
documented 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 facility reaches
fifteen years of age, or within two years of January 12, 1987,
whichever comes later;
(5) tank systems that store or treat materials that become hazardous
wastes subsequent to January 12, 1987, within the time intervals
required in paragraphs (1) through (4) above, except that the
date that a material becomes a hazardous waste must be used in
place of January 12, 1987; and,
(6) certain leaking tank systems before they can be returned to
service (see 40 CFR 264.196(e)(4)).
EXHIBIT B
Secondary Containment Variances
The hazardous waste tank regulations provide an opportunity for the
owner/operator (or generator in the case of 90-day accumulation tanks) to
request and receive a variance from all or part of the secondary containment
requirements. To receive a variance, the owner/operator must demonstrate that;
1. Alternative design and operating practices, together with
location characteristics, will prevent the migration of any
hazardous wate or hazardous constituents into the ground water or
surface water at least as effectively as secondary containment
during the active life of the tank system
OR
2. In the event of a release that does migrate to ground water or
surface water, no substantial present or potential hazard will be
posed to human health or the environment.
New underground tank systems will not be exempted from the
secondary containment requirements based on a demonstration of no
substantial present or potential hazard.
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TABLE 8
PERMITTED, INTERIM STATUS, AND
ACCUMULATION TANK SYSTEMS
Target
Activity Responsible Authority Date
Review and make final deter- Regions July 1987 -
minations on variance demon- October 1987
strations for facilities
that must meet the 1/89
deadline
Collect data during inspections Regions Ongoing
of tank systems to determine
date of secondary containment
installation
Review interim status tank Regions Ongoing
facilities and 90-day accu-
mulation tank systems
Process permits for new Regions As received
facilities
Modify permits to incorporate Regions As scheduled
amended tank requirements
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G. COMPLIANCE MONITORING AND ENFORCEMENT
Regions/States can expect an increase in compliance monitoring and
enforcement activities as a result of the amendments to the hazardous waste
tank system regulations. The RCRA Implementation Plan (RIP) establishes
priorities for activities necessary to implement all regulations pursuant to
HSWA, including the tank system regulations. Regions and States must
undertake all compliance monitoring and enforcement activities relating to
tank systems according to the priorities established in the RIP. Table 9 at
the end of this section summarizes these activities and target dates.
1. Compliance Monitoring
The FY 1987 RIP establishes categories of mandatory inspections, and
hazardous waste tank systems may fall into one of these categories. It is
likely that the majority of accumulation tank systems will fall under the
generator/transporter category. The following establishes a hierarchy of
inspections for hazardous waste tank systems within the priorities established
by the FY 1987 RIP:
• All hazardous waste tank systems that present an immediate
threat to human health or the environment must be inspected in FY
1987.
• All hazardous waste tank systems at TSD facilities owned or
operated by Federal, State, or local governments must be
inspected in FY 1987.
• All hazardous waste tank systems receiving CERCLA wastes must
be inspected within six months prior to receiving such wastes.
• All hazardous waste tank systems at land disposal facilities
should be inspected in conjunction with any land disposal
inspection scheduled at the facility.
• All hazardous waste tank systems at permitted facilities must
be inspected within twelve months of receiving a permit.
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• All hazardous waste tank systems at hazardous waste facilities
that discontinue operations must be inspected within one year
after discontinuation of operations.
• Facilities with hazardous waste tank systems not inspected in
FY 1986 must be inspected in FY 1987. Tank systems inspected
under items 1 through 6 above would count toward the biannual
target.
• Generators who accumulate hazardous wastes in tanks for 90 days
or less also must comply with the secondary containment
requirements within the timeframes listed in Exhibit A (page
40). Permits will not be required for these tank systems. To
ensure that 90-day accumulation tanks are in compliance with
applicable Subpart J requirements, Regions and States could focus
the mandatory generator/transporter inspections on generators
with 90-day accumulation tanks.
2. Enforcement Actions
The FY 1987 RIP also emphasizes the need to initiate enforcement actions
in response to certain violations. The following establishes a hierarchy of
enforcement actions for hazardous waste tank systems within the priorities
established by the FY 1987 RIP:
• Actions are to be brought against owners and operators of tank
systems that have releases which present serious threats to human
health or the environment.
• Enforcement authority is to be used to obtain corrective action
as appropriate, to obtain data needed to make corrective action
decisions, and to compel interim measures when warranted.
• Actions are to be brought against owners and operators of tank
systems in order to ensure compliance with permit requirements,
closure plans and financial assurances.
• Criminal enforcement is to be brought against owners and
operators of tank systems who dispose illegally.
3. Leak Reporting
In addition to applying the RIP compliance monitoring and enforcement
priorities to tank systems, Regions/States will undertake additional
activities to respond to leak reports and assess the need for corrective
actions. Any release to the environment must be reported within 24 hours of
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its detection. Reports to the NRC (National Response Center) made pursuant to
40 CFR 302 in response to releases of a hazardous waste in a quantity greater
than its CERCLA reportable quantity (RQ) will satisfy this requirement. A
leak or spill of hazardous waste that is less than or equal to a quantity of 1
pound and that is immediately contained and cleaned up is exempted from the
notification and reporting requirements.
Regions/States should develop procedures for receiving phone reports of
leaks so that appropriate personnel are notified in a timely manner. To
ensure that RCRA personnel also are notified of releases from tank systems
that are initially reported to the NRC under 40 CFR 302, Regions/States should
coordinate with on-scene coordinators (OSCs), whom the NRC subsequently
notifies, to develop procedures for cross-communication of leak information.
If Regions/States have established phone systems under other statutes (e.g.,
the Clean Air Act or the Clean Water Act), they could modify these systems to
receive tank release notifications and related inquiries. If a large volume
of calls is received, the Agency will consider taking measures to coordinate
tank system reporting procedures with the reporting procedures under CERCLA.
In this way, all releases from tank systems would be reported to the NRC,
regardless of RQ. Appropriate telephone numbers for leak reporting will be
publicized in the educational materials developed for the regulated community
in order to encourage and facilitate compliance with leak reporting
requirements. Regions/States also may encourage trade and industrial
associations or tank manufacturers to publicize leak reporting telephone
numbers.
Because written reports describing the nature and extent of a release do
not have to be submitted until 30 days after detection of a release to the
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environment or, under §264.56(j), within 15 days if the incident requires
implementing the contingency plan, there may be significant lag time between
notification and receipt of a written assessment. Regions/States should
identify steps that can or must be taken between receipt of a phone report and
receipt of a written report in order to minimize potential risk to human
health and the environment. The Regions/States will be responsible for
determining whether additional actions should be ordered as a result of
release reports by tank system owners and operators. As discussed in II.C,
EPA Headquarters reviewed the technical corrective action guidance being
developed by the LDB and determined that tank-specific guidelines need to be
developed. The technical corrective action guidance will be revised to
address tank systems, including the issue of triggers for corrective action
(currently unscheduled).
Regions/States also must establish procedures for accepting and processing
both telephone and written release reports. This would include identifying
personnel to handle such reports; developing a recordkeeping system to verify
that written reports are received within the allowed 30 day period; and
following up in cases where no written report is received.
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TABLE 9
COMPLIANCE MONITORING AND ENFORCEMENT
Target
Activity Responsible Authority Date
Inspect tank systems and initiate Regions/ Ongoing
enforcement actions in accordance States
with RIP priorities and this strategy
Publish telephone numbers in Headquarters/ January 1987
guidance material for regulated Regions
community
Establish procedures for receiving. Regions June 1987
processing, and acting on both
telephone and written release
reports
Establish procedures for information Regions June 1987
transfer between on-scene coordinators
and RCRA personnel for tank releases
above CERCLA reportable quantities
Identify steps that can or must be Regions June 1987
taken in the 30 day period
between receipt of telephone and
written release reports
Monitor need to coordinate tank OSW (with Beginning
system reporting procedures contractor January 1987-
assistance) Ongoing
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APPENDIX A
RULE SUMMARY
On July 14, 1986, EPA amended the regulations under the Resource
Conservation and Recovery Act for tank systems that accumulate, store, or
treat hazardous waste (51 Federal Register 25422, July 14, 1986). These rules
establish technical standards and operating procedures for small quantity
generator, less than 90-day accumulation, interim status, and permitted
hazardous waste tank systems. The owners and operators ("o/o") are subject to
the following procedures and requirements (under 40 CFR Parts 264 and 265).
I. INTERIM STATUS AND PERMITTED TANK SYSTEMS
Existing Tank Systems
An "existing tank system" or "existing component" is a tank system or
component that was handling hazardous waste or for which installation had
commenced on or prior to 7/14/86. This definition should not be confused with
the definitions in §260.10 for "existing facility" or "existing portion" and
the date identifying interim status.
Existing tank systems that do not have secondary containment must
undergo an assessment by 1/12/88 that attests to the system's
integrity. The assessment must:
a) be reviewed and certified by an independent, qualified,
registered professional engineer;
b) determine that the system is adequately designed and has
sufficient structural strength and is compatible with stored
or treated waste; and,
c) be conducted within 12 months after the date the waste
becomes hazardous.
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If, as a result of the assessment, the tank is deemed to be unfit
for use, the owner/operator must comply with §265.196.
Until secondary containment is installed, interim status tank
systems and all ancillary equipment must undergo integrity
testing at least annually. Integrity tests for permitted tank
systems will be conducted according to the schedule specified in
the permit.
Records of integrity and corrosion protection assessments must be
maintained at the facility.
Secondary containment systems must be provided per the schedule
in §§264.193(a) and 265.l93(a), except for: (1) tanks used to
store or treat hazardous wastes without free liquids that are
inside a building with an impermeable floor; and, (2) tanks that
serve as part of a secondary containment system. Secondary
containment systems must be designed, using minimum standards
(§§264.193(b)-(f) or 265.193(b)-(f)), to detect and contain any
release.
An owner/operator may be granted a variance from the secondary
containment requirements if the Regional Administrator finds that
the design or operation of the tank system together with its
location characteristics will prevent the migration of hazardous
wastes into the ground water or surface water, or that, in the
event of a release, no substantial present or potential hazard
will be posed to human health and the environment. To grant/be
granted a variance:
a) the o/o must notify of its intent to submit a demonstration
for a variance 24 months prior to the date secondary
containment is required;
b) the o/o must complete the demonstration within 6 months of
the notification; and,
c) for interim status facilities, the Regional Administrator
must notify the public, allow for a 30-day comment period,
provide an opportunity for a hearing, and approve or
disapprove the request in 90 days.
General operating requirements must be met regarding
compatibility of waste with the tank system, and spill and
overflow prevention.
Daily inspections are required for above-ground portions of tank
systems, data gathered from monitoring and leak-detection
equipment, and the construction materials and area immediately
surrounding the tank systems.
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Proper operation of cathodic protection systems must be confirmed
within six months after an initial installation and annually
thereafter. Sources of impressed current must be inspected
bimonthly.
Owners/operators must follow procedures for responding to spills
or leaks from tank systems that release hazardous waste or
constituents to the environment. These procedures include
notification of leaks and certification of repair.
At closure of the tank systems, the o/o must remove contaminated
materials from the tank area or, if such removal is not possible,
the owner/operator must follow closure and post-closure care
requirements for landfills.
Owners/operators must observe special requirements for ignitable,
reactive, or incompatible waste.
In addition to performing the waste analysis required by §265.13,
the o/o must perform additional waste analysis and trial tests
when an interim status tank system is used to treat or store a
hazardous waste that is different than waste previously treated
or stored, or a substantially different treatment process is used.
New Tank Systems
A "new tank system" or "new tank component" is a tank system or component
that will be used to store hazardous waste and for which installation has
commenced after 7/14/86. This definition should not be confused with the
definition in §260.10 of a "new facility" and the date identifying interim
status.
For new tank systems, the o/o must obtain, and submit to the
Regional Administrator at the time of submission of the Part B
information, an assessment of tank system integrity, and
acceptability for storing and treating hazardous waste including
a determination by a corrosion expert. The corrosion expert must
assess the corrosion potential and the type and degree of
corrosion protection that may be needed for new metal tank
systems (or any external metal component of the tank system) in
contact with soil or water.
New tank systems must be designed to account for proper
foundation, anchorage to prevent flotation, frost heave, and
vehicular traffic passing over underground systems.
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New tank systems must be installed properly and the installation
and system components inspected by a qualified specialist.
Certifications must be kept on file.
New tank systems or components placed underground must be
backfilled with a noncorrosive, porous, homogeneous substance.
Secondary containment systems that meet the requirements of
§§264.193(b)-(f) and 265.193(b)-(f) must be provided for all new
tank systems prior to putting the tank systems into service.
An owner/operator may be granted a variance from the secondary
containment requirements if the Regional Administrator finds that
the design or operation of the tank system, together with its
location characteristics, will prevent the migration of hazardous
waste into the ground water or surface water, or that, in the
event of a release, no substantial present or potential hazard
will be posed to human health and the environment. New
underground tank systems are not eligible for a variance. To be
granted a variance:
a) the o/o must notify its intent to submit a demonstration 30
days prior to entering into a contract to install a new tank
system;
b) the o/o must complete the demonstration within 6 months of
the notification; and,
c) for interim status facilities, the Regional Administrator
must notify the public, allow for a 30-day comment period,
provide opportunity for a public hearing, and approve or
disapprove the request in 90 days.
Until a secondary containment system is installed, interim status
tank systems and all ancillary equipment must undergo integrity
testing at least annually. Integrity tests for permitted tank
systems will be conducted according to the schedule contained in
the permit.
Integrity and corrosion protection assessments must be maintained
at the facility.
General operating requirements must be met regarding
compatibility of wastes with the tank system, and spill and
overflow prevention.
Daily inspections are required for above-ground portions of tank
systems, data gathered from monitoring and leak-detection
equipment, and the construction materials and stems immediately
surrounding tank systems.
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Proper operation of cathodic protection systems must be confirmed
within six months after initial installation and annually
thereafter. Sources of impressed current must be inspected
bimonthly.
Owners/operators must follow procedures for responding to spills
or leaks from the tank systems that release hazardous waste or
constituents to the environment. These procedures include
notification of leaks and certification of repair.
At closure of the tank systems, the o/o must remove contaminated
materials from the tank area or if such removal is not possible,
the o/o must follow closure and post-closure care requirements
for landfills.
Owners/operators must observe special requirements for ignitable,
reactive, or incompatible waste.
In addition to performing the waste analysis required by §265.13,
the o/o must perform additional waste analysis and trial tests
when an interim status tank system is used to treat or store a
hazardous waste that is different than waste previously treated
or stored, or a substantially different treatment process is used.
II. LESS THAN 90-DAY ACCUMULATION TANK SYSTEMS
Generators may accumulate hazardous waste less than 90 days provided that
they:
1) comply with Part 265 Subparts C, D, and J (except §§265.197(c)
and 265.200) and §265.16. Generators need not comply with Part
265 Subparts G and H (as required in §265.197), except with
§§265.111 and 265.114;
2) mark on the tank the date accumulation began;
3) label the tanks "hazardous waste."
Note: 262.34(b) allows the Regional Administrator to grant a 30-day
extension.
III. SMALL QUANTITY GENERATORS (of between 100 and 1,000 kg/month)
Generators may accumulate hazardous waste for up to 180 days (or 270 days
if the TSDF is more than 200 miles away), provided:
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1) the total amount accumulated is less than 6,000 kilograms;
2) the generator complies with Part 265, Subpart C, §265.201, and
special requirements for contingencies at §262.34(d)(5);
3) the date of starting accumulation is marked on the tank and is
visible for inspection; and
4) the tank is labeled "hazardous waste."
Generators who accumulate more than 6,000 kilograms of hazardous waste on-site
at any one time or store hazardous waste on-site for more than 180 days (or
270 days) (except for 30 day extensions granted by the Regional Administrator)
are subject to permitting requirements and must comply with revised Parts 264,
265, and 270.
IV. APPLICABILITY
The sub-paragraphs below indicate which sections of the July 14, 1986,
regulations were promulgated under HSWA authority.
i. The following sections of the July 14, 1986 regulations are
HSWA authorities when they are applied to new underground tanks
(effective January 12, 1987):
260.10
262.34(a)(i)--incorporates all HSWA authorities under
§265, Subpart J, which are promulgated pursuant to
3004(o)(4) and are listed under this paragraph (i)
264.190
264.192(a)(l)(i), (a)(3), (a)(4), (a)(5), and (b)-(g)
264.193(a)-(f), (g)(l), and (h)
264.195
265.190
265.192(a)(l)(i), (a)(3), (a)(4), (a)(5), and (b)-(g)
265.193(a)-(f), (g),(l), and (h)
265.195
270.14(b)
270.16
270.72(e)
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ii. The following sections of the regulations are HSWA authorities
when they are applied as permitting standards for underground
tanks that cannot be entered for inspection (effective January
12, 1987):
260.10
264.110
264.140
264.190-264.199
270.14(b)
270.16
iii. Parts 264 and 265 requirements applicable to tank systems owned
and operated by small quantity generators are promulgated as
HSWA authorities (effective March 24, 1987).
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APPENDIX B
PROCESS SUMMARY
The Agency developed this Implementation Strategy in three phases. The
Phase I report of April 4, 1986, identified and briefly analyzed the key
implementation issues that must be resolved to implement the hazardous waste
tank system regulations. The Phase II report of April 30, 1986, further
analyzed the implementation issues and evaluated the pros and cons of various
options for resolving each issue. The issues and options identified in these
reports were reviewed by State, EPA Regional, and EPA Headquarters staff. The
comments and suggestions provided by the various staff were analyzed and
incorporated into the Draft Implementation Strategy, as appropriate.
The development of this document began after the close of the comment
period for the June 26, 1985, proposal. Phases I and II were developed based
on the June 26, 1985, proposal. This Implementation Strategy was developed to
coincide with language in the final regulation and input from the workgroup.
Because of the ex-parte rule, the Strategy was commented on and reviewed by
only the EPA representatives on the workgroup. A final draft of the Strategy
was distributed to Regional workgroup members for review and concurrence.
Revisions based on Regional comments received have been incorporated into this
final Strategy.
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