oEPA
United States
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9471.03(84)
TITLE: Regulation of Tanka Used for Emergency Containment
APPROVAL DATE: 9-6-84
EFFECTIVE DATE: 9-6-84
ORIGINATING OFFICE: °«ice of Solid Waste
D FINAL
D DRAFT
STATUS: r i
[ 1
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review 4/or consent
[ ] D- In development or circulating
REFERENCE (othtr documents):
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PARTS 264 AND 265 SUBPART A - GENERAL
DOC: 9471.03(84)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Emergency Containment, Tanks
40 CFR 264.1(g)(8), 265.1(c)(ll)
Regulation of Tanks Used for Emergency Containment
Timothy A. Taylor, Wang Laboratories, Inc., Mail Stop 02G2,
41 Wellman Street, Lowell, MA 01851
Peter Guerrero, Special Assistant to the Division Director,
Permits Branch
#9471.03(84)
9-6-84
According to 40 CFR 261.1(g)(8) and 265.1(c)(ll), structures used for
emergency secondary containment (including tanks) are exempt from regulatory
standards of 40 CFR 264 and 265 (except for the preparedness and prevention
and contingency plan requirements of those standards). Structures used exclu-
sively for immediate responses to discharges of hazardous waste qualify for the
exemption. Structures used for responding to discharge events that occur
periodically or repeatedly, or which contain or treat waste beyond the immediate
response period, do not. The applicability, of the exemption of any structure
should be based upon the above criteria.
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9471.03 (84)
SEP - 6 £84
Timothy A. Taylor
Wang Laboratories, Inc.
Mail Stop 02G2
41 Wellman Street
Lowell, Massachusetts 01851
Dear Mr. Taylor:
This is in response to your letter of August 2, 1984,
in which you requested an interpretation of RCRA regulations
regarding tanks used for emergency secondary containment. It
should be understood that this interpretation applies only to
the Federal regulations promulgated in 40 CFR Parts 260-265.
In states with EPA-authorized hazardous waste programs, the
state regulations will apply. '
As provided under 4UCFR §264.1(g)(8) and §265.1(c ) (11)r ;
emergency structures (including tanks) are exempted from the
regulatory standards .of 40CFR Parts 264 and 265 (except for
the preparedness and 'prevention and contingency, plan require-
ments 'of those standards).: To qualify for the exemption a
unit must be intended exclusively for immediate responses to
discharges of hazardous wastes, such as burst pipes, ruptured
containers or tanks, breached dikes, and the like. Structures
used for responding to discharge events which occur periodically
or repeatedly, or in which containment or treatment extends
beyond the immediate response period, do not qualify for the
exemption. . • •-,;..-
' The applicability of the exemption to the three example
"secondary containment" tanks described in your letter must be •
determined based on' a site-specific assessment of each unit*
against the above criteria. For example, taking the case of
the tank used to contain spilled residue from "a truck loading/
^•nloading area, the exemption would apply to the tank only if
'it could be demonstrated that such spills were extremely rare
and unpredictable events.
I hope this adequately answers your questions. Please let
me know if I can be of any further assistance.
Sincerely,
Peter Guerrero :
Special Assistant to the Division Director
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