40 CFR Part 264 -- STANDARDS FOR
OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
§264.193 Containment and detection of releases.
(f) Ancillary equipment must be provided with secondary containment (e.g., trench,
jacketing, double-walled piping) that meets the requirements of paragraphs (b) and (c) of
this section except for:
(1) Aboveground piping (exclusive of flanges, joints, valves, and other connections) that
are visually inspected for leaks on a daily basis;
(2) Welded flanges, welded joints, and welded connections, that are visually inspected for
leaks on a daily basis;
(3) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected
for leaks on a daily basis; and
(4) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess
flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off
devices) that are visually for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the requirements of this section if
the Regional Administrator finds, as a result of a demonstration by the owner or operator
that alternative design and operating practices, together with location characteristics,
will prevent the migration of any hazardous waste or hazardous constituents into the
ground water; or surface water at least as effectively as secondary containment during the
active life of the tank system or that in the event of a release that does migrate to
ground water or surface water, no substantial present or potential hazard will be posed to
human health or the environment. New underground tank systems may not, per a demonstration
in accordance with paragraph (g)(2) of this section, be exempted from the secondary
containment requirements of this section.
(1) In deciding whether to grant a variance based on a demonstration of equivalent
protection of ground water and surface water, the Regional Administrator will consider:
(i) The nature and quantity of the wastes;
(ii) The proposed alternate design and operation;
(iii) The hydrogeologic setting of the facility, including the thickness of soils present
between the tank system and ground water, and
(iv) All other factors that would influence the quality and mobility of the hazardous
constituents and the potential for them to migrate to ground water or surface water
(2) In deciding whether to grant a variance based on a demonstration of no substantial
present or potential hazard, the Regional Administrator will consider:
(i) The potential adverse effects on ground water, surface water, and land quality taking
into account:
(A) The physical and chemical characteristics of the waste in the tank system, including
its potential for migration.
(B) The hydrogeological characteristics of the facility and surrounding land,
(C) The potential for health risks caused by human exposure to waste constituents,
(D) The potential for damage to wildlife, crops, vegetation, and physical structures
caused by exposure to waste constituents, and
(E) The persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects of a release on ground-water quality, taking into
account:
(A) The quantity and quality of ground water and the direction of ground-water flow,
(B) The proximity and withdrawal rates of ground-water users,
(C) The current and future uses of ground water in the area, and
(D) The existing quality of ground water, including other sources of contamination and
their cumulative impact on the ground-water quality;
(iii) The potential adverse effects of a release on surface water quality, taking into
account:
(A) The quantity and quality of ground water and the direction of ground-water flow,
(B) The patterns of rainfall in the region,
(C) The proximity of the tank system to surface waters,
(D) The current and future uses of surface waters in the area and any water quality
standards established for those surface waters, and
(E) The existing quality of surface water, including other sources of contamination and
the cumulative impact on surface-water quality; and
(iv) The potential adverse effects of a release on the land surrounding the tank system,
taking into account:
(A) The patterns of rainfall in the region, and
(B) The current and future uses of the surrounding land.
(3) The owner or operator of a tank system, for which a variance from secondary
containment had been granted in accordance with the requirements of paragraph (g)(1) of
this section, at which a release of hazardous waste has occurred from the primary tank
system but has not migrated beyond the zone of engineering control (as established in the
variance), must:
(i) Comply with the requirements of §264.196, except paragraph (d), and
(ii) Decontaminate or remove contaminated soil to the extent necessary to:
(A) Enable the tank system for which the variance was granted to resume operation with the
capability for the detection of releases at least equivalent to the capability it had
prior to the release; and
(B) Prevent the migration of hazardous waste or hazardous constituents to ground water or
surface water; and
(iii) If contaminated soil cannot be removed or decontaminated in accordance with
paragraph (g)(3)(ii) of this section, comply with the requirement of §264.197(b).
(4) The owner or operator of a tank system, for which a variance from secondary
containment had been granted in accordance with the requirements of paragraph (g)(1) of
this section, at which a release of hazardous waste has occurred from the primary tank
system and has migrated beyond the zone of engineering control (as established in the
variance), must:
(i) Comply with the requirements of §264.196 (a), (b), (c), and (d); and
(ii) Prevent the migration of hazardous waste or hazardous constituents to ground water or
surface water, if possible, and decontaminate or remove contaminated soil. If contaminated
soil cannot be decontaminated or removed or if ground water has been contaminated, the
owner or operator must comply with the requirements of 264.197(b); and
(iii) If repairing, replacing, or reinstalling the tank system, provide secondary
containment in accordance with the requirements of paragraphs (a) through (f) of this
section or reapply for a variance from secondary containment and meet the requirements for
new tank systems in §264.192 if the tank system is replaced. The owner or operator must
comply with these requirements even if contaminated soil can be decontaminated or removed
and ground water or surface water has not been contaminated.
(h) The following procedures must be followed in order to request a variance from
secondary containment:
(1) The Regional Administrator must be notified in writing by the owner or operator that
he intends to conduct and submit a demonstration for a variance from secondary containment
as allowed in paragraph (g) of this section according to the following schedule:
(i) For existing tank systems, at least 24 months prior to the date that secondary
containment must be provided in accordance with paragraph (a) of this section.
(ii) For new tank systems, at least 30 days prior to entering into a contract for
installation.
(2) As part of the notification, the owner or operator must also submit to the Regional
Administrator a description of the steps necessary to conduct the demonstration and a
timetable for completing each of the steps. The demonstration must address each of the
factors listed in paragraph (g)(1) or paragraph (g)(2) of this section;
(3) The demonstration for a variance must be completed within 180 days after notifying the
Regional Administrator of an intent to conduct the demonstration; and
(4) If a variance is granted under this paragraph, the Regional Administrator will require
the permittee to construct and operate the tank system in the manner that was demonstrated
to meet the requirements for the variance.
(i) All tank systems, until such time as secondary containment that meets the requirements
of this section is provided, must comply with the following:
(1) For non-enterable underground tanks, a leak test that meets the requirements of
§264.191(b)(5) or other tank integrity method, as approved or required by the Regional
Administrator, must be conducted at least annually.
(2) For other than non-enterable underground tanks, the owner or operator must either
conduct a leak test as in paragraph (i)(1) of this section or develop a schedule and
procedure for an assessment of the overall condition of the tank system by an independent,
qualified registered professional engineer. The schedule and procedure must be adequate to
detect obvious cracks, leaks, and corrosion or erosion that may lead to cracks and leaks.
The owner or operator must remove the stored waste from the tank, if necessary, to allow
the condition of all internal tank surfaces to be assessed. The frequency of these
assessments must be based on the material of construction of the tank and its ancillary
equipment, the age of the system, the type of corrosion or erosion protection used, the
rate of corrosion or erosion observed during the previous inspection, and the
characteristics of the waste being stored or treated.
(3) For ancillary equipment, a leak test or other integrity assessment as approved by the
Regional Administrator must be conducted at least annually.
(Note: The practices described in the American Petroleum Institute (API) Publication Guide
for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure
Storage Tanks,'' 4th edition, 1981, may be used, where applicable, as guidelines for
assessing the overall condition of the tank system.)
(4) The owner or operator must maintain on file at the facility a record of the results of
the assessments conducted in accordance with paragraphs (i)(1) through (i)(3) of this
section.
(5) If a tank system or component is found to be leaking or unfit for use as a result of
the leak test or assessment in paragraphs (i)(1) through (i)(3) of this section, the owner
or operator must comply with the requirements of §264.196.
(Information collection requirements contained in paragraphs (c), (d), (e), (g), (h), and
(i) were approved by the Office of Management and Budget under control number 2050-0050)
(51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept.
2, 1988)
§264.194 General operating requirements.
(a) Hazardous wastes or treatment reagents must not be placed in a tank system if they
could cause the tank, its ancillary equipment, or the containment system to rupture, leak,
corrode, or otherwise fail.
(b) The owner or operator must use appropriate controls and practices to prevent spills
and overflows from tank or containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level sensing devices, high level alarms,
automatic feed cutoff, or bypass to a standby tank); and
(3) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave
or wind action or by precipitation.
(c) The owner or operator must comply with the requirements of §264.196 if a leak or
spill occurs in the tank system.
(Information collection requirements contained in paragraph (c) were approved by the
Office of Management and Budget under control number 2050-0050)
§264.195 Inspections.
(a) The owner or operator must develop and follow a schedule and procedure for inspecting
overfill controls.
(b) The owner or operator must inspect at least once each operating day:
(1) Aboveground portions of the tank system, if any, to detect corrosion or releases of
waste;
(2) Data gathered from monitoring and leak detection equipment (e.g., pressure or
temperature gauges, monitoring wells) to ensure that the tank system is being operated
according to its design; and
(3) The construction materials and the area immediately surrounding the externally
accessible portion of the tank system, including the secondary containment system (e.g.,
dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead
(Note: Section 264.15(c) requires the owner or operator to remedy any deterioration or
malfunction he finds. Section 264.196 requires the owner or operator to notify the
Regional Administrator within 24 hours of confirming a leak. Also, 40 CFR Part 302 may
require the owner or operator to notify the National Response Center of a release.)
(c) The owner or operator must inspect cathodic protection systems, if present, according
to, at a minimum, the following schedule to ensure that they are functioning properly:
(1) The proper operation of the cathodic protection system must be confirmed within six
months after initial installation and annually thereafter; and
(2) All sources of impressed current must be inspected and/or tested, as appropriate, at
least bimonthly (i.e., every other month).
(Note: The practices described in the National Association of Corrosion Engineers (NACE)
standard, "Recommended Practice (RP-02-85) -- Control of External Corrosion on
Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,'' and the American
Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems,'' may be used, where applicable, as guidelines
in maintaining and inspecting cathodic protection systems.)
(d) The owner or operator must document in the operating record of the facility an
inspection of those items in paragraphs (a) through (c) of this section.
(Information collection requirements contained in paragraph (a) and (d) were approved by
the Office of Management and Budget under control number 2050-0050)
§264.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank
systems.
A tank system or secondary containment system from which there has been a leak or spill,
or which is unfit for use, must be removed from service immediately, and the owner or
operator must satisfy the following requirements:
(a) Cessation of use; prevent flow or addition of wastes. The owner or operator must
immediately stop the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or secondary containment system. (1) If the release
was from the tank system, the owner/operator must, within 24 hours after detection of the
leak or, if the owner/operator demonstrates that it is not possible, at the earliest
practicable time, remove as much of the waste as is necessary to prevent further release
of hazardous waste to the environment and to allow inspection and repair of the tank
system to be performed.
(2) If the material released was to a secondary containment system, all released materials
must be removed within 24 hours or in as timely a manner as is possible to prevent harm to
human health and the environment.
(c) Containment of visible releases to the environment. The owner/operator must
immediately conduct a visual inspection of the release and, based upon that inspection:
(1) Prevent further migration of the leak or spill to soils or surface water; and
(2) Remove, and properly dispose of, any visible contamination of the soil or surface
water.
(d) Notifications, reports. (1) Any release to the environment, except as provided in
paragraph (d)(2) of this section, must be reported to the Regional Administrator within 24
hours of its detection. If the release has been reported pursuant to 40 CFR Part 302, that
report will satisfy this requirement.
(2) A leak or spill of hazardous waste is exempted from the requirements of this paragraph
if it is:
(i) Less than or equal to a quantity of one (1) pound, and
(ii) Immediately contained and cleaned up.
(3) Within 30 days of detection of a release to the environment, a report containing the
following information must be submitted to the Regional Administrator:
(i) Likely route of migration of the release;
(ii) Characteristics of the surrounding soil (soil composition, geology, hydrogeology,
climate);
(iii) Results of any monitoring or sampling conducted in connection with the release (if
available). If sampling or monitoring data relating to the release are not available
within 30 days, these data must be submitted to the Regional Administrator as soon as they
become available.
(iv) Proximity to downgradient drinking water, surface water, and populated areas; and
(v) Description of response actions taken or planned.
(e) Provision of secondary containment, repair, or closure. (1) Unless the owner/operator
satisfies the requirements of paragraphs (e)(2) through (4) of this section, the tank
system must be closed in accordance with §264.197.
(2) If the cause of the release was a spill that has not damaged the integrity of the
system, the owner/operator may return the system to service as soon as the released waste
is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak from the primary tank system into the secondary
containment system, the system must be repaired prior to returning the tank system to
service.
(4) If the source of the release was a leak to the environment from a component of a tank
system without secondary containment, the owner/operator must provide the component of the
system from which the leak occurred with secondary containment that satisfies the
requirements of §264.193 before it can be returned to service, unless the source of the
leak is an aboveground portion of a tank system that can be inspected visually. If the
source is an aboveground component that can be inspected visually, the component must be
repaired and may be returned to service without secondary containment as long as the
requirements of paragraph (f) of this section are satisfied. If a component is replaced to
comply with the requirements of this subparagraph, that component must satisfy the
requirements for new tank systems or components in 264.192 and 264.193. Additionally, if a
leak has occurred in any portion of a tank system component that is not readily accessible
for visual inspection (e.g., the bottom of an inground or onground tank), the entire
component must be provided with secondary containment in accordance with §264.193 prior
to being returned to use.
(f) Certification of major repairs. If the owner/operator has repaired a tank system in
accordance with paragraph (e) of this section, and the repair has been extensive (e.g.,
installation of an internal liner; repair of a ruptured primary containment or secondary
vessel), the tank system must not be returned to service unless the owner/operator has
obtained a certification by an independent, qualified, registered, professional engineer
in accordance with §270.11(d) that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system. This certification must be
submitted to the Regional Administrator within seven days after returning the tank system
to use.
(Note: The Regional Administrator may, on the basis of any information received that there
is or has been a release of hazardous waste or hazardous constituents into the
environment, issue an order under RCRA sections 3004(v), 3008(h), or 7003(a) requiring
corrective action or such other response as deemed necessary to protect human health or
the environment.)
(Note: See §264.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR
Part 302 may require the owner or operator to notify the National Response Center of
certain releases.)
(Information collection requirements contained in paragraphs (d), (e), and (f) were
approved by the Office of Management and Budget under control number 2050-0050)
(51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept.
2, 1988)
§264.197 Closure and post-closure care.
(a) At closure of a tank system, the owner or operator must remove or decontaminate all
waste residues, contaminated containment system components (liners, etc.), contaminated
soils, and structures and equipment contaminated with waste, and manage them as hazardous
waste, unless §261.3(d) of this chapter applies. The closure plan, closure activities,
cost estimates for closure, and financial responsibility for tank systems must meet all of
the requirements specified in subparts G and H of this part.
(b) If the owner or operator demonstrates that not all contaminated soils can be
practicably removed or decontaminated as required in paragraph (a) of this section, then
the owner or operator must close the tank system and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to landfills
(§264.310). In addition, for the purposes of closure, post-closure, and financial
responsibility, such a tank system is then to be a landfill, and the owner or operator
must meet all of the requirements for landfills specified in subparts G and H of this
part.
(c) If an owner or operator has a tank system that does not have secondary containment
that meets the requirements of §264.193 (b) through (f) and has not been granted a
variance from the secondary containment requirements in accordance with §264.193(g),
then:
(1) The closure plan for the tank system must include both a plan for complying with
paragraph (a) of this section and a contingent plan for complying with paragraph (b) of
this section.
(2) A contingent post-closure plan for complying with paragraph (b) of this section must
be prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure and post-closure care must reflect the costs
of complying with the contingent closure plan and the contingent post-closure plan, if
those costs are greater than the costs of complying with the closure plan prepared for the
expected closure under paragraph (a) of this section.
(4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this
section.
(5) For the purposes of the contingent closure and post-closure plans, such a tank system
is considered to be a landfill, and the contingent plans must meet all of the closure,
post-closure, and financial responsibility requirements for landfills under subparts G and
H of this part.
(Information collection requirements contained in paragraphs (a) through (c) were approved
by the Office of Management and Budget under number 2050-0050)
(51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986)
§264.198 Special requirements for ignitable or reactive wastes.
(a) Ignitable or reactive waste must not be placed in tank systems, unless:
(1) The waste is treated, rendered, or mixed before or immediately after placement in the
tank system so that:
(i) The resulting waste, mixture, or dissolved material no longer meets the definition of
ignitable or reactive waste under §261.21 or §261.23 of this chapter, and
(ii) Section 264.17(b) is complied with; or
(2) The waste is stored or treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
(3) The tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive waste is stored or
treated in a tank must comply with the requirements for the maintenance of protective
distances between the waste management area and any public ways, streets, alleys, or an
adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of
the National Fire Protection Association's "Flammable and Combustible Liquids Code,''
(1977 or 1981), (incorporated by reference, see §260.11).
§264.199 Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, must not be placed in the
same tank system, unless §264.17(b) is complied with.
(b) Hazardous waste must not be placed in a tank system that has not been decontaminated
and that previously held an incompatible waste or material, unless §264.17(b) is complied
with.