United States Solid Waste and
Environmental Protection Emergency Response
Agency (5305W)
EPA530-R-97-072
PB98-108 277
November 1997
V>EPA
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Tanks
(40 CFR Parts 264/265, Subpart J)
Updated July 1997
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-W0-OO39 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
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 Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703)412-9810
(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 . 3
2.1 Applicability 3
2.2 Design Requirements 4
2.3 Operating Standards 12
2.4 Inspections 13
2.5 Release Response 14
2.6 Closure 15
2.7 Regulations for Special Wastes 16
2.8 Waste Analysis and Trial Tests 17
3. Special Issues 19
3.1 Underground Storage Tank Program 19
3.2 Tanks Holding Newly Listed Wastes 19
3.3 Air Emission Standards 19
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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 Parts 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
Parts 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
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.
-------
Tanks - 3
2. REGULATORY SUMMARY
In addition to the general facility operating requirements set out in Parts 264/265,
Subparts A through E, hazardous waste management facilities must comply with
unit-specific regulations set out in Parts 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 Parts 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/operators of treatment
or storage facilities with hazardous waste tank systems are subject to regulation
under Parts 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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i !
4 - Tanks
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 Parts 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 Parts 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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SYSTEM INTEGRITY: ASSESSMENT OF EXISTING TANKS
Most existing tanks (i.e., those 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/
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/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
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
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 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 Parts
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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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
BEGIN
Is the tank system new?
264X65.193(a)(1)
Secondary containment
required by time facility
is 15 years old
Is me age of the facility
in which the tank
systems am located
greater than 7 years?
Is tank system used to
store or treat EPA
hazardous waste Nes.
F020, F021, F022
F023, FG26, or F0277
Is tank system of
known and
documented age?
Will the facility be 15
years old before
January 12,I989?f
YES
264/265- 193(a)(4)
NO
264/265.193(a)(4)
Secondary containment
required within 8 years of
January 12.1987.ft
NO
264X65.193(a)(3)
Will the tank system be
15 years old before
January 12.I989?t
Secondary containment
required when tank
system is 15 years old
YES
264/265.193(a)(3)
Secondary containment
required within 2 years
after January 12,1987.ft
264/26$. 193(a)(2)
f If a material stored becomes a hazardous waste subsequent to January 12,1987, the date that il becomes hazardous {the effective date) plus two years should be used in place of
January 12,1989 (40 CFR §264/2B5.l93(a){5)).
tf 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 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 secondary containment structures. The presence of accumulated
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
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 §264.193(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)(1).
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 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
Secondary
Containment for
Piping
Pump &
Motor
CROSS-
SECTION OF
BERM
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 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 which 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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10- Tanks
Figure 3
TANKS IN A VAULT
(adapted from OSWER Directive 9483.00-1)
Monitoring and Sampling Probe
Sealed
Manhole
Sealed
Joints
VAULT
Sand
Backfill
ist-ln-placn 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
(§264.193(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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Figure 4
CROSS-SECTION: DOUBLE-WALLED TANK
(adapted from OSWER Directive 9483.00-1)
Interstitial Space
(Monitored for Vacuum, >
Pressure, Vapor, or Liquid)
Coating to Provide
Corrosion Protection for
External Wall
Inner 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)
• Seal-less or magnetic coupling pumps
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
• 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)(1)). 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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Tanks -13
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/
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
Inspection Requirement
Time Frame
§264.195(a)
§265.195(a)(1)
Overfill controls
Develop schedule and
procedures for permitted
tanks
Each operating day* for
interim status
§§264.195(b)(1) & (2)
§§265.195(a)(2) & (3)
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)
Each operating day*
§264.195(b)(3)
§265.195(a)(4)
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)
Each operating day*
§264.195(c)(l)
§265.195(b)(1)
Proper operation of cathodic protection system
Within six months of
initial installation and
annually thereafter
§264.195(c)(2)
§265.195(b)(2)
Sources of impressed current
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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14- Tanks
Table 2
INSPECTION REQUIREMENTS WITHOUT FULL SECONDARY CONTAINMENT
(adapted from OSWER Directive 9483.00-1)
Regulation
Inspection Requirements
Time Frame
§264.193(i)(l)
§265.193(i)(l)
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
Annually
§264.193(i)(2)
§265.193(i)(2)
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
On a schedule to be approved
by the Regional EPA
Administrator for permitted
tanks
Annual for interim status
tanks
§264.193(i)(3)
§265.193(i)(2)
For ancillary equipment:
A leak test or other integrity assessment
as approved by the Regional
Administrator
Annually
§264.193(i)(4)
§265.193(i)(3)
A record of the results of all the above assessments must be maintained on
file at the facility
§264.193(i)(5)
§265.193(i) (4)
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/operator must follow some straightforward requirements. First, the
owner/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/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/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 tank must then be repaired or equipped with secondary
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
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 Fg 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
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
financial responsibility requirements in Parts 264/265, Subparts G and H, must still
be met.
If clean closing is not an option, an owner/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/operators storing ignitable or reactive wastes are subject to special
management practices designed to prevent accidental combustion or
explosion of these wastes. Owners/operators of facilities handling ignitable or
reactive wastes must comply with the following requirements:
• The owner/operator complies 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).
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
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 Parts 264 and 265.
2.8 WASTE ANALYSIS AND TRIAL TESTS
Owners/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/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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18 - Tanks
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.
-------
Tanks -19
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 Parts 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 (Parts 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 Parts 264 and 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 Parts 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). (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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20 - Tanks
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.
-------
50272-101
REPORT DOCUMENTATION
PAGE
• 1. REPORT BO.
' EPA530-R-97-072
4. Title and Subtitle
RCRA, SUPERFUND, AND EPCRA HOTLINE TRAINING NODULE:
TANKS (40 CFR PARTS 264/265, SUBPART J)
INTRODUCTION TO
5. Report Date
NOVEMBER 1997
6.
7. Author(s)
8. Performing Organization Rept. No
9. Performing Organization Name and Address
U.S. EPA
OFFICE OF SOLID WASTE
401 H STREET, SW
WASHINGTON. DC 20460
10. Project/Task/Work Unit No.
11. Contract(C) or Grant(G) No.
(C) 68-W0-0039
(G)
12. Sponsoring Organization Name and Address
BOOI-ALLEN I HAMILTON
4330 EAST WEST HIGHWAY
BETHESDA, MARYLAND 20814
13. Type of Report & Period Covered
TRAINING - UPDATED 7/97
14.
15. Supplementary Notes
16. Abstract (Limit: 200 words)
ONE OF A SERIES OF MOOULES DEVELOPED AS A TRAINING TOOL FOR HOTLINE SPECIALISTS. IDENTIFIES, BASED ON TANK CONTENTS AND
OPERATION, TANKS THAT ARE REGULATED UNDER PARTS 264/265, SUBPART J. DEFINES SPECIFIC TERMS PERTAINING TO HAZARDOUS
WASTE TANKS, AND PROVIDES CFR OR FEDERAL REGISTER CITATIONS. DISTINGUISHES "NEW TANKS" FROM "EXISTING TANKS" AND
IDENTIFIES HOW THIS STATUS AFFECTS APPLICABLE REGULATIONS. DISCUSSES SECONDARY CONTAINMENT REQUIREMENTS FOR LINERS,
VAULTS, AND DOUBLE-WALLED TANKS, AS WELL AS SECONDARY CONTAINMENT FOR ANCILLARY EQUIPMENT. IDENTIFIES WHICH OF THE
HAZARDOUS WASTE REQUIREMENTS WERE PROMULGATED UNDER THE HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) AND NON-HSWA
AUTHORITY AND EXPLAINS HOW EACH APPLIES IN AUTHORIZED AND UNAUTHORIZED STATES. THE INFORMATION IN THIS DOCUMENT IS NOT
A COMPLETE REPRESENTATION OF EPA'S REGULATIONS OR POLICIES, BUT IS AN INTRODUCTION USED FOR HOTLINE TRAINING PURPOSES.
17. Docunent Analysis a. Descriptors
b. Identifiers/Open-Ended Terms
c. COSATI Field/Group
18. Availability Statement
RELEASE UNLIMITED
0 19. Security Class (This Report)0 21. No. of Pages
' UNCLASSIFIED ° 20
° 20. Security Class (This Page)
* UNCLASSIFIED
22. Price
0.00
(See ANSI-239.18)
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)
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