Solid Waste and Emergency Response
                                             (5305W)
                                         EPA530-R-04-025
                               Training Module
             Introduction to
                            Tanks
            (40 CFR Parts 264/265, Subpart J)
United States
Environmental Protection
Agency
September 2003

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                                     DISCLAIMER

This document was developed by Booz Allen Hamilton under contract 68-W-01-020 to EPA.
It is intended to be used as a training tool for Call Center 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 Call Center training and
is not used as a reference tool on Call Center calls.  The Call Center 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 document is not intended and cannot be relied upon to create any rights, substantive or
procedural, enforceable by any party in litigation with the United States.
                     RCRA, Superfund & EPCRA Call Center 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 Call Center is open from 9 am to 5 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 	 11
   2.5 Release Response 	 13
   2.6 Closure	 14
   2.7 Regulations for Special Wastes	 15
   2.8 Waste Analysis and Trial Tests	 15

3.  Special Issues	 17
   3.1 Underground Storage TankProgram	 17
   3.2 Tanks Holding Newly Listed Wastes  	 17
   3.3 Air Emission Standards 	 17

4.  Regulatory Developments	 18

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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.  Due to the extensive use of tanks at TSDFs and
facilities generating waste, 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

 Use this list of objectives to check your knowledge of this topic after you complete the training
                                         session.
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                       but is an introduction used for Call Center training purposes.

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2 - Tanks
                         2.   REGULATORY SUMMARY
In addition to the general facility operating requirements in Part 264/265, Subparts A through E,
hazardous waste management facilities must comply with unit-specific regulations for hazardous
waste tanks in Part 264/265, Subpart J. EPA promulgated the tank regulations via two sets of
rulemakings using both HSWA and non-HSWA authorities.  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, and many of the
relevant terms have regulatory definitions in 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 in 264/265.1, owners and operators of treatment or storage
facilities with hazardous waste tank systems are subject to regulation in Part 264/265, Subpart J.
Generators accumulating hazardous waste in accumulation tank systems are subject to the
interim status provisions in Part 265, Subpart J (see the module entitled Generators).  Tank
systems consist of three parts: the tank itself, the ancillary equipment (i.e., any equipment that
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
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                       but is an introduction used for Call Center training purposes.

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                                                                                  Tanks - 3
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
in 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 regulatory summary, the Part 264/265, Subpart J, requirements were
originally promulgated on May 19, 1980, (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 on July 14, 1986 (51 FR 25422).  Tanks holding hazardous waste before the effective
date of these 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 also include reinstalled and replacement tank systems or components.  Accordingly, there
are separate requirements for existing and new tanks in both the permitted and interim status
tank regulations.

SYSTEM INTEGRITY: ASSESSMENT OF EXISTING TANKS

Most existing tanks (i.e., tanks in existence on or before July 14, 1986) did not have to meet the
technical standards for new tanks until the tank system was 15 years old. In order to ensure the
tank's structural integrity in the interim, 264/265.191 requires 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
consider 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
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                       but is an introduction used for Call Center training purposes.

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4 - Tanks
independent, qualified, registered, professional engineer and kept on file at the facility
(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.  As previously mentioned, 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.

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
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                        but is an introduction used for Call Center training purposes.

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                                                                                   Tanks - 5
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.

Per 264/265.193(a),  all new hazardous waste tank systems must have secondary containment
and leak detection before being put into 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 used for Call Center 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)
      (BEGIN \-^~
                    Secondary containment
                    required prior to being
                      placed in service.
                                                                             Secondary containment
                                                                              required by time facility
                                                                                is 15 years old.
s 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
                  F020, F021, F022,
                  F023, F026, or F027?
Is tank system of
  known and
documented age"
Will the facility be 15
 years old before
January 12, 1989?f
                                                                                         YES
                                                                                   264/265 193(a)(4)
                                                                    Secondary containment
                                                                    required within 8 years of
                                                                     January 12, 1987. tt
                                                                    Secondary containment
                                                                     required when tank
                                                                    system is 15 years old.
                                                                    Secondary containment
                                                                    required within 2 years
                                                                   after January 12, 1987.ff
 f 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 |
  January 12, 1989 (40 CFR 264/265.193(a)(5)).
 ft 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 of Januar
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 implementing agency.  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 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 determined by
the implementing  agency on a case-by-case basis (264/265.193(c)(3)).  Thermal conductivity
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                          but is an introduction used for Call Center training purposes.

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                                                                                    Tanks - 7
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 that 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. Another method, 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 implementing agency, 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 used for Call Center training purposes.

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 ! - 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
                                                              Undisturbed Soil
                         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 may also be considered 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 used for Call Center 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
                             I
                                                Fill Tube (Sealed)
    Side of
  Excavation
                                      Cast-m-place 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 implementing agency.  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 used for Call Center 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 trenches,
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)
       sealless or magnetic coupling pumps
       aboveground pressurized piping systems with automatic shut-off devices
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                        but is an introduction used for Call Center training purposes.

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                                                                                Tanks-11
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 to the same extent that
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 migrate to 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


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

      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                       but is an introduction used for Call Center training purposes.

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12 - Tanks
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) and 265.195(c)).  Owners and operators must inspect tank systems at different
levels of frequency depending on whether the system has secondary containment and on which portion
of the tank system is 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(1)).

                                          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)and(2)
265.195(a)(2)and(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 (e.g.,
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
*EPA has clarified that "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 used for Call Center 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(0(2)
264.193(0(3)
265.193(0(2)
264.193(0(4)
265.193(0(3)
264.193(0(5)
265.193(0(4)
Inspection Requirements
For unenterable underground tanks:
a leak test that meets the requirements in
264.191(b)(5), or another method as
approved by the implementing agency
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 implementing agency
Time Frame
Annually
On a schedule to be approved by
the implementing agency 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 264/265.196 :
"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 release response 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 implementing agency or National Response Center and submit a follow-up written report to
the implementing agency within 30 days (264/265.196(d)(3)).  The tank must then be repaired
or equipped with secondary containment in accordance with the regulations summarized in Table
3, or the owner or operator must close the tank system so that it can no longer be used
(264/265.197). If any of the repairs are maj or, they must be certified by an independent,
qualified, registered, professional engineer and this certification must be  submitted to the
implementing agency (264/265.196(f)).
     The information in this document is not by any means a complete representation of EPA's regulations or policies,
                       but is an introduction used for Call Center training purposes.

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14 - Tanks
Except for the notification and reporting requirements in 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
Spill with no damage to
secondary containment
Leak from tank system
to secondary containment
Aboveground leak from
tank system with no secondary
containment
Underground or inaccessible leak
from tank system with no
secondary containment
Leak from secondary
containment
Leak from tank system secondary
containment requiring major
repair
Required Actions
Remove released waste
and repair, if necessary
Repair tank system
Repair tank system and
implement visual inspection.
Note: Replaced components
qualify as new tank system
components regulated under
264/265. 192 and. 193
Repair tank system and install
secondary containment for the
entire component, per 264.192
and 264. 193 requirements
Repair or replace secondary
containment. New components
must meet 264. 192 and
264.193 requirements
Repair tank system or secondary
containment, obtain certification
as appropriate and adequacy from
an independent, qualified,
registered, professional engineer
Citation
264/265. 196(e)(2)
264/265. 196(e)(3)
264/265. 196(e)(4)
264/265. 196(e)(4)
5 1FR 25456; July 14, 1986
5 1FR 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 components,
contaminated soils, and contaminated structures and equipment. A clean-closed system has no
post-closure responsibilities, but the general closure and financial assurance 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 close the unit 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 leaving waste in place is already
covered in the regulations for landfills (i.e., units that always close with 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.
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                        but is an introduction used for Call Center training purposes.

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                                                                                Tanks - 15
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 must 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 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
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                       but is an introduction used for Call Center training purposes.

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16 - Tanks
       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 used for Call Center 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 RCRA (added by 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 (i.e., hazardous wastes
versus regulated substances). Program requirements for tanks vary significantly between Part
264/265 and Part 280. Although both sets of regulations govern tank systems, tanks holding
hazardous wastes will be subject to the provisions of RCRA Subtitle C (Part 264/265) rather than
Subtitle I (Part 280). 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 these 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, operating under 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 time frames
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 (i.e., the effective date) to install secondary containment for the tank
(264/265.193 (a)(5)).
3.3    AIR EMISSION STANDARDS

On December 6, 1994, EPA promulgated air emission standards for containers, tanks, and
surface impoundments at TSDFs and large quantity generator sites (59 FR 62896). This rule, as
amended by the November 25, 1996 final rule (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 on December 8, 1997 (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 used for Call Center training purposes.

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18-Tanks
                     4.   REGULATORY DEVELOPMENTS
On January 17, 2002, EPA proposed to reduce the recordkeeping and reporting burden imposed
by RCRA on the states, the public, and the regulated community to meet the federal government-
wide goal established by the Paperwork Reduction Act (PRA) (67 FR 2518).  The PRA
establishes a federal government-wide goal of reducing burden 40 percent from the total burden
imposed annually on September 30, 1995. If finalized, the Burden Reduction Initiative will
reduce the self-inspection frequency for hazardous waste tanks from daily to weekly.
      The information in this document is not by any means a complete representation of EPA's regulations or policies,
                       but is an introduction used for Call Center training purposes.

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