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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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                                   -2-     OSWER Directive Number 9483.00-4









 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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                                   -3-     OSWER Directive Number 9483.00-4









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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                                   -4-     OSWER Directive Number 9483.00-4









    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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                                   -5-     OSWER Directive Number 9483.00-4









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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                                   -6-     OSWER Directive Number 9483.00-4









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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                                   -7-
     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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                                   -8-
     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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                                   -9-
     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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                                   -10-     OSWER Directive Number  9483.00-4
                            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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                                  -11-     OSWER Directive Number 9483.00-4
                           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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                             -13-     OSWER Directive Number 9483.00-4
                              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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                                   -14-     OSWER Directive Number 9483.00-4
                       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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                                   -15-     OSWER Directive Number 9483.00-4









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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                                   -16-
      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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                                   -17-     OSWER Directive Number 9483.00-4



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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                                   -18-     OSWER Directive Number 9483.00-4









    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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                                   -19-
      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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                                   -20-      OSWER Directive Number 9483.00-4









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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                                   -21-     OSWER Directive Number 9483.00-4









    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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                                   -22-     OSWER Directive Number 9483.00-4









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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                                   -23-     OSWER Directive Number 9483.00-4









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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                                   -24-     OSWER Directive Number 9483.00-4









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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                                   -25-
      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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                                   -26-      OSWER  Directive  Number  9483.00-4
                                  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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                                   -27-      OSWER Directive Number 9483.00-4









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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                                   -28-     OSWER Directive Number 9483.00-4
                                 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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                                   -29-     OSWER Directive Number 9483.00-4



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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                                   -30-     OSWER Directive Number 9483.00-4



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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                                   -31-      OSWER Directive Number 9483.00-4



    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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                                   -32-     OSWER Directive Number 9483.00-4
                                  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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                                   -33-      OSWER Directive  Number  9483.00-4



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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                                   -34-     OSWER Directive Number 9483.00-4



    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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                                   -35-     OSWER Directive Number 9483.00-4
          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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                                   -36-     OSWER Directive Number 9483.00-4



    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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                                   -37-     OSWER Directive Number 9483.00-4









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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                                   -38-     OSWER Directive Number 9483.00-4









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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                                   -39-     OSWER Directive Number 9483.00-4









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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                                   -40-      OSWER Directive Number 9483.00-4
                                    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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                                   -41-     OSWER Directive Number 9483.00-4
                                 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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                                   -42-      OSWER Directive Number  9483.00-4



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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                                   -43-     OSWER Directive Number 9483.00-4
       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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                                   -44-     OSWER Directive Number 9483.00-4









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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                                   -45-     OSWER Directive Number 9483.00-4









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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                                   -46-     OSWER Directive Number 9483.00-4
                                  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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                                   -47-      OSWER Directive Number 9483.00-4
                               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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                           -48-     OSWER Directive Number 9483.00-4
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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                                   -49-     OSWER Directive Number 9483.00-4
        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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                           -50-     OSWER Directive Number 9483.00-4
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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                                   -51-     OSWER Directive Number 9483.00-4
        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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                                   -52-     OSWER Directive Number 9483.00-4
    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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                               -53-     OSWER Directive Number 9483.00-4
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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                                   -54-     OSWER Directive Number 9483.00-4
                                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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