United States
Environmental
Protection Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-R-99-067
PB2000-101 907
February 2000
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Tanks
(40 CFR Parts 264/265, Subpart J)
Updated October 1999
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA
policy.
The information in this document is not by any means a complete representation of EPA's regulations or
policies. This document is used only in the capacity of the Hotline training and is not used as a reference
tool on Hotline calls. The Hotline revises and updates this document as regulatory program areas
change.
The information in this document may not necessarily reflect the current position of the Agency. This
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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TANKS
CONTENTS
1. Introduction 1
2. Regulatory Summary 2
2.1 Applicability 2
2.2 Design Requirements 3
2.3 Operating Standards 11
2.4 Inspections 12
2.5 Release Response 13
2.6 Closure 14
2.7 Regulations for Special Wastes 15
2.8 Waste Analysis and Trial Tests 16
3. Special Issues 17
3.1 Underground Storage Tank Program 17
3.2 Tanks Holding Newly Listed Wastes 17
3.3 Air Emission Standards 17
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Tanks -1
1. INTRODUCTION
Tanks are widely used for storage or accumulation of hazardous waste because they can
accommodate huge volumes, sometimes in the tens of thousands of gallons. Tanks are
also .used for the treatment of hazardous waste because of their structural strength and
versatility. Tanks, when used to contain hazardous waste at treatment, storage and
disposal facilities (TSDFs), must be in compliance with the regulations set forth in 40
CFR Part 264/265, Subpart J. Generators using tanks as primary management units for
accumulating hazardous wastes also must follow the interim status tank regulations in
Part 265. The extensive use of tanks at TSDFs and facilities generating waste means
there is a huge regulated community that must comply with the standards for
hazardous waste tanks.
After completing this module, you will be able to explain why and how Subpart J
regulations apply to tanks holding hazardous waste. Specifically, you will be able to:
• Identify, based on tank contents and operation, tanks that are regulated under
Part 264/265, Subpart J
• Define specific terms pertaining to hazardous waste tanks, and provide accurate
CFR or Federal Register citations
• Distinguish "new tanks" from "existing tanks" and identify how this status affects
applicable regulations
• Discuss secondary containment requirements for liners, vaults, and double-
walled tanks, as well as secondary containment for ancillary equipment
• Identify which of the hazardous waste tank requirements were promulgated
under the Hazardous and Solid Waste Amendments (HSWA) and non-HSWA
authority and explain how each applies in authorized and unauthorized states.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2- Tanks
2. REGULATORY SUMMARY
In addition to the general facility operating requirements set out in Part 264/265,
Subparts A through E, hazardous waste management facilities must comply with unit-
specific regulations set out in Part 264/265, Subpart J. The tank regulations were
promulgated under two different sets of rulemakings. The original hazardous waste
tank regulations were promulgated on May 19,1980, for interim status tank systems,
and on January 12,1981, for permitted hazardous waste tank systems. These
rulemakings applied only to aboveground tank systems and underground tanks that
could be entered for inspection. On July 14,1986, new regulations were promulgated
for underground hazardous waste tanks that could not be entered for inspection,
broadening the regulatory scope of the program under a HSWA mandate (§3004(w)).
The 1986 regulations also required that new tank systems be equipped with an
approved leak detection system, addressing the HSWA requirement in §3004(o)(4).
With the new regulations, EPA significantly altered the hazardous waste tank
requirements in Subpart J of Part 264/265. Currently, the key elements of the
hazardous waste tank program focus on:
• Proper installation, operation, and inspection of hazardous waste tank systems
• Maintaining the integrity of the primary containment system
• Secondary containment and monitoring to detect leaks from the primary
containment vessel
• Adequate response to releases of hazardous wastes
• Proper closure and post-closure care of tank systems.
Each of these elements will be discussed in further detail in this module. As each
section is addressed, bear in mind that many of the relevant terms have regulatory
definitions under §260.10. This module will periodically note often-used terms with '
regulatory definitions, but not all are cited.
2.1 APPLICABILITY
Unless exempted from regulation under §§264/265.1, owners and operators of
treatment or storage facilities with hazardous waste tank systems are subject to
regulation under Part 264/265, Subpart J. Generators accumulating hazardous waste in
accumulation tank systems are subject to the interim status provisions in Part 265,
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks - 3
Subpart J (see the module entitled Generators). Tank systems consist of three parts: the
tank itself, the ancillary equipment (i.e., any equipment which conveys waste to and
from the tank), and any containment system.
Tanks are simply receptacles for holding hazardous waste. The distinguishing feature
of tanks is that they are stationary while in use. Tanks must also be constructed of man-
made materials such as metal or fiberglass, rather than dirt, distinguishing tanks from
land-based units, such as surface impoundments. Sumps, which are essentially man-
made reservoirs built into the ground and designed to capture waste from troughs or
trenches, can qualify as tanks. Tanks or sumps are often used to capture waste from
drip pads. These tanks must also comply with the standards under Part 264/265,
Subpart J.
2.2 DESIGN REQUIREMENTS
The design requirements for hazardous waste tanks vary according to whether a tank is
new or existing and whether it is in interim status or fully permitted. For most
hazardous waste units, the terms "existing" and "new" normally correspond directly to
the terms "interim status" and "permitted." With hazardous waste tanks, however, this
is not the case. The distinction between existing and new tanks does not determine
whether a tank is regulated under Part 264 or Part 265, but instead indicates when
secondary containment systems should be installed. EPA uses these terms separately
because two different sets of regulations significantly affected hazardous waste tanks.
Each set needed to distinguish between tank systems in existence prior to the effective
date and new tank systems installed subsequent to the effective date.
As discussed in the summary, the Part 264/265, Subpart J, requirements were originally
promulgated in a May 19,1980, Federal Register (45 FR 33200) for interim status tanks
and January 12,1981, (46 FR 2831) for permitted tanks. Tanks holding hazardous waste
before the effective date of those regulations were designated as interim status tanks.
All other tanks needed a permit to hold hazardous waste. The regulations for
hazardous waste tanks were significantly amended in a July 14,1986, Federal Register
(51 FR 25422). Tanks holding hazardous waste before the effective date of the
amendments were designated as existing tanks. New tanks were defined as tanks that
started holding hazardous waste after the effective date of the July 14,1986, rule. New
tanks include reinstalled and replacement tank systems or components. Accordingly,
separate requirements for existing and new tanks are discussed in both the permitted
and interim status tank regulations.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - Tanks
SYSTEM INTEGRITY: ASSESSMENT OF EXISTING TANKS
Most existing tanks (i.e., tanks in existence on or before July 14,1986) do not have to
meet the technical standards for new tanks until the tank system is 15 years old. In
order to ensure the tank's structural integrity in the interim, §§264/265.191 require all
existing tanks without secondary containment to be assessed for leakage and overall
fitness for use. All existing systems must have been assessed by January 12,1988.
Tanks that become newly regulated after July 14,1986 (e.g., tanks holding newly listed
wastes), must be assessed within 12 months from the date the tank became regulated.
Integrity assessments of existing tanks must verify that the tank was designed and
maintained to contain the wastes stored or treated therein without failing, collapsing, or
rupturing. Factors to be considered include original design standards, the age of the
unit, corrosion protection measures in place, compatibility of the unit with the
hazardous wastes involved, and results of leak tests or inspections of the tank. The
written assessment results must be certified by an independent, qualified, registered,
professional engineer and placed in the facility's file (§§264/265.191(a)).
NEW TANK STANDARDS
In order to ensure that a tank system can hold hazardous waste for its intended lifetime,
EPA subjects all new tank systems and components to the design and installation
requirements in §§264/265.192. Corrosion protection measures are also mandatory for
certain new tank systems and components. Remember, the phrase "new tank system"
includes reinstalled and replacement tank systems or components.
INSTALLATION
The tank system or component must be designed with an adequate foundation,
structural support, and corrosion protection to prevent collapse, rupture, or failure of
the unit. Seams and connections must be sealed adequately and pressure controls must
be installed if necessary to prevent tank rupture or explosion. Owners and operators
must submit a written design assessment attesting to the structural integrity of the tank.
The design assessment must be reviewed and certified by an independent, qualified,
registered, professional engineer and must be kept on site (§§264/265.192).
Because even the most flawlessly designed tanks can fail if installed improperly, new
tank systems must be inspected prior to use by an independent qualified expert to
ensure that no damage to the integrity of the tank occurred during installation
(§§264/265.192(b)). Should damage occur during the course of installation, the owner
and operator must correct the problem before the installation is complete or the system
is in use. All new tanks and ancillary equipment must be tested for tightness, and any
leaks discovered must be remedied before the tanks are covered, enclosed, or placed in
use.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks - 5
CORROSION PROTECTION
New tank systems or components made wholly or partly of metal must be designed
and installed with adequate corrosion protection if the system will be in contact with
soil or water (§§264/265.192(f)). Pursuant to this requirement, the written design
assessment must include site-specific data on various factors that can affect the
corrosion rate of the tank (e.g., soil moisture content and pH), as well as measures taken
to protect the system against corrosion (§§264/265.192(a)(3)(i) and (ii)). Use of one or
more of the following corrosion protection methods is required:
• Construction materials that are corrosion-resistant
• Corrosion-resistant coating in combination with cathodic protection
• Electrical isolation devices.
Cathodic protection prevents tanks from corroding by reversing the naturally occurring
electric current in the ground that can degrade tank walls. Two examples of cathodic
protection are sacrificial anodes and impressed current. Sacrificial anodes are pieces of
metal that are more electrically active than the steel tank. Because they are more
electrically active, the current corrodes the pieces of metal rather than the steel tank. An
impressed current protection system introduces an electric current into the ground
through a series of anodes that are not attached to the underground tank. Because the
electric current flowing from these anodes to the tank system is greater than the corrosive
current attempting to flow from the tank system, the anodes are corroded rather than the
tank. Regardless of the protection method used, the installation of a corrosion protection
system that is field-fabricated must be supervised by an independent corrosion expert to
ensure proper installation (§§264/265.192(f)).
SECONDARY CONTAINMENT AND LEAK DETECTION
Secondary containment and leak detection requirements were added to Part 264/265,
Subpart J as part of the revisions promulgated July 14,1986 (51 FR 25422). Secondary
containment is an emergency short-term storage system designed to hold releases from
hazardous waste tanks. Secondary containment and leak detection systems allow for
detection of leaks from the primary or inner tank while providing a secondary barrier
to contain releases and prevent them from entering the environment. Such systems also
provide protection from spills caused by operational errors, such as overfilling.
Under §§264/265.193(a), all new hazardous waste tank systems must have secondary
containment and leak detection before being placed in service. Secondary containment
and leak detection for existing tanks is to be phased in over time, according to the
schedule in Figure 1, based on the age of the tank and its hazardous waste contents.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - Tanks
Figure 1
SCHEDULE FOR RETROFITTING EXISTING TANKS
WITH SECONDARY CONTAINMENT
(adapted from OSWER Directive 9483.00-2)
Secondary containment
required prior to being
placed in service.
Is the tank system new?
Secondary containment
required by time facility
is 15 years old.
Is the age of the facility
in which the tank
systems are located
greater than 7 years?
Is tank system used to
store or treat EPA
hazardous waste Nos.
F020, F021, F022,
F023, F026. or F027?
Is tank system of
Known and
documented age?
Will the facility be IS
years old before
January 12.1989?t
YES
264/2B5.193(a)/4)
Secondary containment
required within 8 years of
January 12,1987.tt
NO
264/265.193(3)13)
Will the tank system be
15 years old before
January 12.1989?t
Secondary containment
required when tank
system is 15 years old.
Secondary containment
required within 2 years
after January 12,1987.tt
t If a material stored becomes a hazardous waste subsequent to January 12,1987, the date that it becomes hazardous (the effective date) plus two years should be used in place of
January 12. 1989 (40 CFR §264/265.193(a)(5)).
11 If a material stored becomes a hazardous waste subsequent to January 12.1987, the date that it becomes hazardous (the effective date) should be used in place ol January 12,1987.
SECONDARY CONTAINMENT AND LEAK DETECTION STANDARDS
Secondary containment systems must be designed, installed, and operated so that no
waste is released to the surrounding soil, groundwater, or surface water. The
construction material or liner must be compatible with the waste to be stored or treated
in the tank and must be capable of containing accumulated material until it is promptly
removed. Such accumulations should be removed within 24 hours, or when such
removal cannot be accomplished in a 24-hour period, within another time frame
specified by the EPA Regional Administrator. The secondary containment system, like
the tank itself, must have sufficient structural strength to prevent failure, and the
foundation must be designed to resist failure due to normal movement of the
surrounding soils (i.e., settlement, compression, or uplift).
As part of the secondary containment system, hazardous waste tanks must be equipped
with a leak detection system capable of detecting failure in either the primary or
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks - 7
secondary containment structures. The presence of accumulated materials in the
secondary containment system must be detected by such a system within 24 hours or at
the "earliest practicable time" as set by the Regional Administrator on a case-by-case
basis (§§264/265.193(c)(3)). Thermal conductivity sensors, electrical resistivity sensors,
and vapor detectors are commonly used as leak detection devices. Daily visual
inspections may also be used where tanks and tank components are physically
accessible.
SECONDARY CONTAINMENT DEVICES
In addition to stipulating overall system standards, the hazardous waste tank
regulations mandate the use of one of four specific options in meeting the secondary
containment requirements discussed above. The first option is the use of an external
liner which is designed to work in conjunction with a barrier. This combination should
be able to contain releases in a specific area and hold those releases until the
containment area is cleaned. The next option is the use of a vault, an underground area
with specific design requirements to contain releases that are not visible to the operator.
The use of a double-walled tank (or a "tank within a tank") is the option that is
considered to be the most protective of releases of hazardous waste outside the outer
containment area. The fourth option, use of an alternative equivalent device, is subject
to the approval of the Regional Administrator, as provided in §§264/265.193(g).
Procedures to be followed in requesting such a variance from the secondary
containment requirements are discussed later in this module.
External Liner
An external tank liner (Figure 2) is designed to provide protection against lateral or
vertical migration of leaking waste by completely surrounding the unit with an
impermeable material. A liner can be made with many different types of materials such
as synthetic membranes, concrete, clay, bentonite, soil, cement, or asphalt. The exact
type of material or combination of materials used depends on site conditions, waste
characteristics, and climate. The external liner system must be large enough to contain
100 percent of the capacity of the largest hazardous waste tank within its boundary.
Because it can increase the rate of tank corrosion, stormwater run-on and infiltration
should be minimized by using dikes and diversion ditches. If stormwater infiltration is
not controlled in this manner, the system must have enough additional holding capacity
to contain precipitation resulting from a 25-year, 24-hour storm event. External liner
regulations are found in §§264/265.193(e)(l).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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8- Tanks
Figure 2
ABOVEGROUND TANK WITH EXTERNAL LINER
(adapted from OSWER Directive 9483.00-1)
NOTE:
Volume inside berm
should be a minimum
of 100% of the tank
volume plus the
precipitation from a
24-hour, 25-year
storm event.
External Liner
CROSS-
SECTION OF
BERM
Secondary
Containment for
Piping
Reinforced Concrete
Foundation
Vault
In a vault system (Figure 3), the hazardous waste tank rests in an underground chamber
usually constructed with concrete floors and walls and an impermeable cover. A closed
aboveground building that houses a hazardous waste tank also may be considered to be
a vault for purposes of secondary containment. Because of the inherently porous nature
of concrete, the primary building material for vaults, these units must have a
waterproof exterior and be lined inside with a leak-proof sealant. To further minimize
contact with moisture, tanks inside vaults should rest on cradles or saddles, rather than
on the vault floor. Tanks in these units may also be surrounded with backfilled earthen
materials. Although filling the vault with soil precludes visual inspection of the
hazardous waste tanks, the backfill can lend structural support to the unit and tanks
and prevent the explosion of any ignitable wastes that may leak from the tank. Vault
requirements are found in §§264/265.193(e)(2).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks - 9
Figure 3
TANKS IN A VAULT
(adapted from OSWER Directive 9483.00-1)
Monitoring and Sampling Probe
Side of
Excavation
Cradles
••
Cast-lrvplace Reinforced Concrete
Double-walled Tank
A double-walled tank (Figure 4) is best described as one tank completely enclosed
inside another with a leak detection monitoring system installed between the two (in
the interstitial space). The most common construction materials for this secondary
containment option include corrosion-protected metal, epoxy, fiberglass, or metal with
a synthetic membrane "wrap." Such a containment system must be designed and
constructed so that any release from the inner tank is completely contained by the outer
shell until the accumulated materials are removed (§§264/265.193(e)(3)). As discussed
previously, the leak detection system must be capable of detecting leak activity between
the tanks within 24 hours, or at the "earliest practicable time" as determined by the
Regional Administrator. Double-walled tank specifications are found in
§§264/265.193(e)(3).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10- Tanks
Figure 4
CROSS-SECTION: DOUBLE-WALLED TANK
(adapted from OSWER Directive 9483.00-1)
Interstitial Space
(Monitored for Vacuum,
Pressure, Vapor, or Liquid)
Shell
Spacers
Coating to Provide
Corrosion Protection for
External Wall
Outer Wall
ANCILLARY EQUIPMENT
All ancillary equipment must have full secondary containment in addition to the tank
itself (§§264/265.193(f)). Examples of secondary containment for ancillary equipment
are a trench, jacketing, or double-walled piping. When inspected daily, however, the
following equipment is exempt from this requirement:
• Aboveground piping (not including flanges, joints, valves, and connections)
• Welded flanges, welded joints, and welded connections (including piping that is
fused together with solvent cement or heat fusion)
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks-11
• Seal-less or magnetic coupling pumps
• Aboveground pressurized piping systems with automatic shut-off devices.
VARIANCES AND EXCEPTIONS
A variance from the secondary containment regulations can be obtained for certain tank
systems. There are two types of variances: technology-based and risk-based. A
technology-based variance must demonstrate that the release of hazardous waste or
constituents will be prevented by alternative designs, operating practices, and location
characteristics equally as well as by the secondary containment options provided
(§§264/265.193(g)(l)). A risk-based variance must demonstrate that there would be no
potential hazard to human health or the environment if a release were to reach
groundwater or surface water. This variance is not available to new underground tank
systems (§§264/265.193(g)(2)). Administrative procedures for requesting a variance are
found in §§264/265.193(h).
Alternatively, some tanks may automatically qualify for an exemption from secondary
containment and leak detection requirements. These exemptions would apply to:
• Tanks containing no free liquids that are situated inside a building with an
impermeable floor (§§264/265.190(a))
• Tanks, including sumps, that serve as part of a secondary containment system
(§§264/265.190(b)).
2.3 OPERATING STANDARDS
Hazardous waste tanks must be operated so that releases will be minimized or eliminated.
Hazardous wastes or treatment reagents must not be placed in a tank system if they can
cause any part of the system to fail (§§264/265.194). Spills or overflows from the tank or
secondary containment system must be prevented by using, at a minimum:
• Spill prevention controls such as check valves
• Overfill prevention controls such as high level alarms and automatic feed cutoffs
• Sufficient freeboard in uncovered tanks to prevent overflow due to wave or wind
action or precipitation. Freeboard is the vertical distance between the top of a
tank and the surface of the waste in the tank.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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12- Tanks
2.4 INSPECTIONS
In order to verify that hazardous waste tanks and components are operated and maintained
in satisfactory condition, tank systems must be routinely inspected. Properly conducted
inspections should minimize the probability of accidental releases into the environment and
contribute to safe working conditions in and around the storage area. To meet these
objectives, inspections must thoroughly identify leaks, deterioration, corrosion, or structural
fatigue in any portion of the tank or system components. Secondary containment systems
and cathodic protection devices also require regular inspection. In addition to visual
assessment of the tank system, required inspections must incorporate analysis of any data
received from leak detection monitors and tightness or assessment tests. Documentation of
all hazardous waste tank inspections should be kept in the facility operating record
(§§264.195(d)/265.195(c)). Owners and operators must inspect tank systems at different
levels of frequency depending on whether the system has secondary containment and the
portion of the tank system of concern. Table 1 outlines the inspection requirements for tank
systems with full secondary containment systems (§§264/265.195). Table 2 outlines the
inspection requirements for tank systems without secondary containment (§§264/265.193(i)).
Table 1
INSPECTION REQUIREMENTS WITH FULL SECONDARY CONTAINMENT
(adapted from OSWER Directive 9483.00-1)
Regulation
§264.195(a)
§265.195(a)(l)
§§264.195(b)(l) & (2)
§§265.195(a)(2) & (3)
§264.195(b)(3)
§265.195(a)(4)
§264.195(c)(l)
§265.195(b)(l)
§264.195(c)(2)
§265.195(b)(2)
Inspection Requirement
Overfill controls
Visual inspection of aboveground portion of the
tank to detect corrosion or releases
Analysis of monitoring and leak detection data
(pressure or temperature gauges, monitoring
wells, and leak detection devices)
Construction materials and externally accessible
portions of tank and secondary containment
system to detect erosion or signs of releases (e.g.,
wet spots, dead vegetation)
Proper operation of cathodic protection system
Sources of impressed current
Time Frame
Develop schedule and
procedures for permitted
tanks
Each operating day* for
interim status
Each operating day*
Each operating day*
Within six months of
initial installation and
annually thereafter
Bimonthly
*In a verbal clarification from the Agency, "each operating day" has been defined as "every day the tank is in
operation (i.e., storing or treating hazardous waste) and not necessarily just on days the facility is open for
business."
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks -13
Table 2
INSPECTION REQUIREMENTS WITHOUT FULL SECONDARY CONTAINMENT
(adapted from OSWER Directive 9483.00-1)
Regulation
§264.193(i)(l)
§265.193(i)(l)
§264.193(i)(2)
§265.193(i)(2)
§264.193(i)(3)
§265.193(i)(2)
§264.193(i)(4)
§265.193(i)(3)
§264.193(i)(5)
§265.193(i)(4)
Inspection Requirements
For unenterable underground tanks:
A leak test that meets the requirements of
§264.191(b)(5), or another method as
approved by the EPA Regional
Administrator
For enterable underground tanks:
A procedure to conduct a leak test that
meets requirements in §264.191(b)(5), or
have the overall condition of the tank
system assessed by an independent,
qualified, registered, professional engineer
For ancillary equipment:
A leak test or other integrity assessment as
approved by the Regional Administrator
Time Frame
Annually
On a schedule to be approved
by the Regional EPA
Administrator for permitted
tanks
Annual for interim status
tanks
Annually
A record of the results of all the above assessments must be maintained on
file at the facility
Tank systems found to be leaking or unfit
for use must comply with the
§§264/265.196 requirements:
"Response to leaks or spills and disposition
of leaking or unfit-for-use tank system"
Immediately
2.5 RELEASE RESPONSE
A tank system or secondary containment system from which there has been a leak or
spill, or which is unfit for use, must be taken out of operation immediately, and the
owner and operator must follow some straightforward requirements. First, the owner
and operator must stop the flow of waste into the tank and inspect the system to
determine the cause of the release (§§264/265.196(a)). Next, any waste remaining in the
tank must be removed from the tank or secondary containment system within 24 hours
or at the "earliest practicable time" (§§264/265.196(b)). To prevent further migration of
any releases to the environment, the owner and operator must also remove and
properly dispose of any contaminated media (§§264/265.196(c)).
Unless the release is exempted under §§264/265.196(d)(2), the owner and operator must
notify the Regional Administrator or National Response Center and submit a follow-up
written report to the Regional Administrator within 30 days (§§264/265.196(d)(3)). The
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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14- Tanks
tank must then be repaired or equipped with secondary containment in accordance
with the regulations summarized in Table 3, or close the tank system so that it can no
longer be used (§§264/265.197). If any of the repairs are major, they must be certified
by an independent, qualified, registered, professional engineer and this certification
must be submitted to the Regional Administrator (§§264/265.196(f)).
Except for the notification and reporting requirements of §§264/265.196(d), these
procedures apply even if a release has been contained by a tank system's secondary
containment.
Table 3
REQUIRED RESPONSES TO TANK SYSTEM RELEASES
(adapted from OSWER Directive 9483.00-1)
Type of Release
Required Actions
Citation
Spill with no damage to
secondary containment
Remove released waste
and repair, if necessary
§§264/265.196(e)(2)
Leak from tank system
to secondary containment
Repair tank system
§§264/265.196(e)(3)
Aboveground leak from
tank system with no
secondary containment
Repair tank system and
implement visual inspection.
Note: Replaced components
qualify as new tank system
components regulated under
§§264/265.192 and .193
§§264/265.196(e)(4)
Underground or inaccessible
leak from tank system with no
secondary containment
Repair tank system and install
secondary containment for the
entire component, per
§§264.192 and 264.193
requirements
§§264/265.196(e)(4)
Leak from secondary
containment
Repair or replace secondary
containment. New
components must meet
§§264.192 and 264.193
requirements
51 FR 25456; July 14,1986
Leak from tank system
secondary containment
requiring major repair
Repair tank system or
secondary containment, obtain
certification as appropriate
and adequacy from an
independent, qualified,
registered, professional
engineer
51 FR 25456; July 14,1986
2.6 CLOSURE
Whenever possible, a storage or treatment tank system must be "clean closed" by
removing or decontaminating all waste residues, contaminated containment system
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks -15
components, contaminated soils, and contaminated structures and equipment. A clean-
closed system has no post-closure responsibilities, but the general closure and financial
responsibility requirements in Part 264/265, Subparts G and H, must still be met.
If clean closing is not an option, an owner and operator can use the option of leaving
contamination in place. If this occurs, there must be a plan for taking care of the
remaining waste for a number of years after closure (known as "post-closure"). Because
this concept of leaving the waste in place is already covered in the regulations for
landfills (i.e., units that always leave waste in place), EPA defers post-closure regulation
for tanks to the landfill regulations (§§264/265.197(b)). All requirements for landfills in
Subparts G and H would apply, as well as the specific requirements for closure of
landfills in Subpart N.. (For more information about closure and post-closure, see the
module entitled Closure and Post-Closure.)
If a tank system does not have secondary containment and has not been granted a
variance, it is considered to be less protective against a release to the environment. EPA
therefore requires the facility to develop a plan for clean closing the tank system, as well
as a plan for closing the unit as if it were a landfill. In addition, the facility must show
that it has sufficient funds to close the tank in either instance. Such closure plans and
financial assurance requirements are discussed in more detail in other training modules.
2.7 REGULATIONS FOR SPECIAL WASTES
Owners and operators storing ignitable or reactive wastes are subject to special
management practices designed to prevent accidental combustion or explosion
of these wastes. Owners and operators of facilities handling ignitable or reactive
wastes must comply with the following requirements:
• The owner and operator comply with general requirements for handling
these special wastes (§§264/265.17(b))
or
• The waste is protected from any material or condition that could cause it
to ignite or react
or
• The tank is used only in emergencies.
When ignitable or reactive wastes are stored in tank systems, an adequate buffer
zone must be maintained between any such tank system and any public ways,
streets, alleys, or adjoining property. The buffer zone must comply with all
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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16- Tanks
applicable sections of the National Fire Protection Association's Flammable and
Combustible Liquids Code (1977 or 1981 editions only).
Wastes or materials that are incompatible with one another cannot be combined in the
same tank, nor can an incompatible waste be placed in a tank that has not been
decontaminated after prior use, unless the special precautions in §§264/265.17(b) have
been taken (§§264/265.199). Examples of potentially incompatible wastes are provided
in Appendix V of Part 264/265.
2.8 WASTE ANALYSIS AND TRIAL TESTS
Owners and operators of interim status hazardous waste tanks must perform additional
waste analysis and trial tests beyond what is required for all treatment, storage, and
disposal facilities (§265.200). Specifically, when there is a substantial change in the
waste stored or treatment process conducted in an interim status tank system, the
owner and operator must:
• Conduct waste analyses and trial treatment or storage tests
or
• Have documentation on similar waste stored or treated under similar conditions
to those proposed, indicating that the proposed conditions will not cause any
part of the system to rupture, leak, corrode, or otherwise fail.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Tanks -17
3. SPECIAL ISSUES
3.1 UNDERGROUND STORAGE TANK PROGRAM
Separate from the hazardous waste tank program and regulations, 40 CFR Part 280 sets
forth requirements pursuant to Subtitle I of HSWA for underground storage tanks
(USTs). Tanks regulated under Part 280 contain "regulated substances," which are
defined in §280.12 to include petroleum products and CERCLA hazardous substances.
The primary distinction between the two regulatory sections is based on tank content
(hazardous wastes vs. regulated substances). Program requirements for tanks vary
significantly between Part 264/265 and Part 280. Although both sets of regulations
govern tank systems, always keep in mind that tanks holding hazardous wastes will be
subject to the provisions of RCRA Subtitle C (Part 264/265) rather than Subtitle I (Part
280). Beginning your analysis of every issue or question concerning tanks with this step
will enable you to distinguish tanks that are regulated under Subpart J of Part 264/265
from those that fall under the purview of the Part 280 regulations. See the module
entitled Underground Storage Tanks for a detailed discussion of the UST program.
3.2 TANKS HOLDING NEWLY LISTED WASTES
As new hazardous wastes are identified, tanks holding those wastes will become newly
subject to the Part 264/265, Subpart J, regulations and must be retrofitted to meet the
current design and operating standards for tanks and secondary containment. These
tanks, regardless of the installation date, would be classified as new tanks, but would
fall into interim status. Until the facility receives a final RCRA hazardous waste tank
permit, the tanks would be regulated under Part 265, Subpart J, and would be subject to
the secondary containment retrofitting timeframes specified in the regulations and in
Figure 1. Nevertheless, tanks containing newly regulated hazardous wastes will always
have a minimum of two years from the date the waste became hazardous (the effective
date) to install secondary containment for the tank (§§264/265.193(a)(5)).
3.3 AIR EMISSION STANDARDS
On December 6,1994, (59 FR 62896), EPA published a final rule which promulgated air
emission standards for containers, tanks, and surface impoundments at TSDFs and
large quantity generator sites. This rule, as amended by the November 25,1996, Federal
Register (61 FR 59932), requires hazardous waste tanks to comply with Part 264/265,
Subparts AA, BB, and CC (§§264.200 and 265.202). EPA also amended this rule in a
December 8,1997 Federal Register (62 FR 64636). (See the module entitled Air Emission
Standards for more details about the Subpart AA, BB, and CC requirements.)
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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