40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.150 State assumption of responsibility.
(a) If a State either assumes legal responsibility for an owner's or operator's compliance
with the closure, post-closure care, or liability requirements of this part or assures
that funds will be available from State sources to cover those requirements, the owner or
operator will be in compliance with the requirements of §265.143, §265.145, or §265.147
if the Regional Administrator determines that the State's assumption of responsibility is
at least equivalent to the financial mechanisms specified in this subpart. The Regional
Administrator will evaluate the equivalency of State guarantees principally in terms of
(1) certainty of the availability of funds for the required closure or post-closure care
activities or liability coverage and (2) the amount of funds that will be made available.
The Administrator may also consider other factors as he deems appropriate. The owner or
operator must submit to the Regional Administrator a letter from the State describing the
nature of the State's assumption of responsibility together with a letter from the owner
or operator requesting that the State's assumption of responsibility be considered
acceptable for meeting the requirements of this subpart. The letter from the State must
include, or have attached to it, the following information: The facility's EPA
Identification Number, name, and address, and the amount of funds for closure or
post-closure care or liability coverage that are guaranteed by the State. The Regional
Administrator will notify the owner or operator of his determination regarding the
acceptability of the State's guarantee in lieu of financial mechanisms specified in this
subpart. The Regional Administrator may require the owner or operator to submit additional
information as is deemed necessary to make this determination. Pending this determination,
the owner or operator will be deemed to be in compliance with the requirements of
§265.143, §265.145, or §265.147, as applicable.
(b) If a State's assumption of responsibility is found acceptable as specified in
paragraph (a) of this section except for the amount of funds available, the owner or
operator may satisfy the requirements of this subpart by use of both the State's assurance
and additional financial mechanisms as specified in this subpart. The amount of funds
available through the State and Federal mechanisms must at least equal the amount required
by this subpart.
Subpart I -- Use and Management of Containers
§265.170 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste
facilities that store containers of hazardous waste, except as §265.1 provides otherwise.
§265.171 Condition of containers.
If a container holding hazardous waste is not in good condition, or if it begins to leak,
the owner or operator must transfer the hazardous waste from this container to a container
that is in good condition, or manage the waste in some other way that complies with the
requirements of this part.
§265.172 Compatibility of waste with container.
The owner or operator must use a container made of or lined with materials which will not
react with, and are otherwise compatible with, the hazardous waste to be stored, so that
the ability of the container to contain the waste is not impaired.
§265.173 Management of containers.
(a) A container holding hazardous waste must always be closed during storage, except when
it is necessary to add or remove waste.
(b) A container holding hazardous waste must not be opened, handled, or stored in a manner
which may rupture the container or cause it to leak.
(Comment: Re-use of containers in transportation is governed by U.S. Department of
Transportation regulations, including those set forth in 49 CFR §173.28.)
(45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980)
§265.174 Inspections.
The owner or operator must inspect areas where containers are stored, at least weekly,
looking for leaks and for deterioration caused by corrosion or other factors.
(Comment: See §265.171 for remedial action required if deterioration or leaks are
detected.)
§265.175 (Reserved)
§265.176 Special requirements for ignitable or reactive waste.
Containers holding ignitable or reactive waste must be located at least 15 meters (50
feet) from the facility's property line.
(Comment: See §265.17(a) for additional requirements.)
§265.177 Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, (see appendix V for
examples) must not be placed in the same container, unless §265.17(b) is complied with.
(b) Hazardous waste must not be placed in an unwashed container that previously held an
incompatible waste or material (see appendix V for examples), unless §265.17(b) is
complied with.
(c) A storage container holding a hazardous waste that is incompatible with any waste or
other materials stored nearby in other containers, piles, open tanks, or surface
impoundments must be separated from the other materials or protected from them by means of
a dike, berm, wall, or other device.
(Comment: The purpose of this is to prevent fires, explosions, gaseous emissions,
leaching, or other discharge of hazardous waste or hazardous waste constituents which
could result from the mixing of incompatible wastes or materials if containers break or
leak.)
Subpart J -- Tank Systems
§265.190 Applicability.
The requirements of this subpart apply to owners and operators of facilities that use tank
systems for storing or treating hazardous waste except as otherwise provided in paragraphs
(a), (b), and (c) of this section or in §265.1 of this part.
(a) Tank systems that are used to store or treat hazardous waste which contains no free
liquids and that are situated inside a building with an impermeable floor are exempted
from the requirements in §265.193. To demonstrate the absence or presence of free liquids
in the stored/treated waste, EPA Method 9095 (Paint Filter Liquids Test) as described in
"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods'' (EPA
Publication No. SW-846) must be used.
(b) Tank systems, including sumps, as defined in §260.10, that serve as part of a
secondary containment system to collect or contain releases of hazardous wastes are
exempted from the requirements in §265.193(a).
(c) Tanks, sumps, and other collection devices used in conjunction with drip pads, as
defined in §260.10 of this chapter and regulated under 40 CFR Part 265 subpart W, must
meet the requirements of this subpart.
(Information collection requirement contained in paragraph (a) was approved by the Office
of Management and Budget under control number 2050-0050)
(51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 55 FR 50486, Dec.
6, 1990)
§265.191 Assessment of existing tank system's integrity.
(a) For each existing tank system that does not have secondary containment meeting the
requirements of §265.193, the owner or operator must determine that the tank system is
not leaking or is unfit for use. Except as provided in paragraph (c) of this section, the
owner or operator must obtain and keep on file at the facility a written assessment
reviewed and certified by an independent, qualified, registered professional engineer in
accordance with §270.11(d), that attests to the tank system's integrity by January 12,
(b) This assessment must determine that the tank system is adequately designed and has
sufficient structural strength and compatibility with the waste(s) to be stored or treated
to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must
consider the following:
(1) Design standard(s), if available, according to which the tank and ancillary equipment
were constructed;
(2) Hazardous characteristics of the waste(s) that have been or will be handled;
(3) Existing corrosion protection measures;
(4) Documented age of the tank system, if available, (otherwise, an estimate of the age);
and
(5) Results of a leak test, internal inspection, or other tank integrity examination such
that:
(i) For non-enterable underground tanks, this assessment must consist of a leak test that
is capable of taking into account the effects of temperature variations, tank end
deflection, vapor pockets, and high water table effects,
(ii) For other than non-enterable underground tanks and for ancillary equipment, this
assessment must be either a leak test, as described above, or an internal inspection
and/or other tank integrity examination certified by an independent, qualified, registered
professional engineer in accordance with §270.11(d) that addresses cracks, leaks,
corrosion, and erosion.
(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 in conducting the integrity examination of an other than non-enterable
underground tank system.)
(c) Tank systems that store or treat materials that become hazardous wastes subsequent to
July 14, 1986 must conduct this assessment within 12 months after the date that the waste
becomes a hazardous waste.
(d) If, as a result of the assessment conducted in accordance with paragraph (a) of this
section, a tank system is found to be leaking or unfit for use, the owner or operator must
comply with the requirements of §265.196.
(Information collection requirements contained in paragraphs (a)-(d) were approved by the
Office of Management and Budget under control number 2050-0050)
§265.192 Design and installation of new tank systems or components.
(a) Owners or operators of new tank systems or components must ensure that the foundation,
structural support, seams, connections, and pressure controls (if applicable) are
adequately designed and that the tank system has sufficient structural strength,
compatibility with the waste(s) to be stored or treated, and corrosion protection so that
it will not collapse, rupture, or fail. The owner or operator must obtain a written
assessment reviewed and certified by an independent, qualified, registered professional
engineer in accordance with §270.11(d) attesting that the system has sufficient
structural integrity and is acceptable for the storing and treating of hazardous waste.
This assessment must include, at a minimum, the following information:
(1) Design standard(s) according to which the tank(s) and ancillary equipment is or will
be constructed.
(2) Hazardous characteristics of the waste(s) to be handled.
(3) For new tank systems or components in which the external shell of a metal tank or any
external metal component of the tank system is or will be in contact with the soil or with
water, a determination by a corrosion expert of:
(i) Factors affecting the potential for corrosion, including but not limited to:
(A) Soil moisture content;
(B) Soil pH;
(C) Soil sulfides level;
(D) Soil resistively;
(E) Structure to soil potential;
(F) Influence of nearby underground metal structures (e.g., piping);
(G) Stray electric current; and,
(H) Existing corrosion-protection measures (e.g., coating, cathodic protection), and
(ii) The type and degree of external corrosion protection that are needed to ensure the
integrity of the tank system during the use of the tank system or component, consisting of
one or more of the following:
(A) Corrosion-resistant materials of construction such as special alloys or
fiberglass-reinforced plastic;
(B) Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection
(e.g., impressed current or sacrificial anodes); and
(C) Electrical isolation devices such as insulating joints and flanges.
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 providing corrosion protection for tank systems.
(4) For underground tank system components that are likely to be affected by vehicular
traffic, a determination of design or operational measures that will protect the tank
system against potential damage; and
(5) Design considerations to ensure that:
(i) Tank foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent flotation or dislodgment where the tank
system is placed in a saturated zone, or is located within a seismic fault zone; and
(iii) Tank systems will withstand the effects of frost heave.
(b) The owner or operator of a new tank system must ensure that proper handling procedures
are adhered to in order to prevent damage to the system during installation. Prior to
covering, enclosing, or placing a new tank system or component in use, an independent,
qualified installation inspector or an independent, qualified, registered professional
engineer, either of whom is trained and experienced in the proper installation of tank
systems, must inspect the system or component for the presence of any of the following
items:
(1) Weld breaks;
(2) Punctures;
(3) Scrapes of protective coatings;
(4) Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate construction or installation.
All discrepancies must be remedied before the tank system is covered, enclosed, or placed
in use.
(c) New tank systems or components and piping that are placed underground and that are
backfilled must be provided with a backfill material that is a noncorrosive, porous,
homogeneous substance and that is carefully installed so that the backfill is placed
completely around the tank and compacted to ensure that the tank and piping are fully and
uniformly supported.
(d) All new tanks and ancillary equipment must be tested for tightness prior to being
covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs
necessary to remedy the leak(s) in the system must be performed prior to the tank system
being covered, enclosed, or placed in use.
(e) Ancillary equipment must be supported and protected against physical damage and
excessive stress due to settlement, vibration, expansion or contraction.
Note: The piping system installation procedures described in American Petroleum Institute
(API) Publication 1615 (November 1979), "Installation of Underground Petroleum
Storage Systems,'' or ANSI Standard B31.3, "Petroleum Refinery System,'' may be used,
where applicable, as guidelines for proper installation of piping systems.
(f) The owner or operator must provide the type and degree of corrosion protection
necessary, based on the information provided under paragraph (a)(3) of this section, to
ensure the integrity of the tank system during use of the tank system. The installation of
a corrosion protection system that is field fabricated must be supervised by an
independent corrosion expert to ensure proper installation.
(g) The owner or operator must obtain and keep on file at the facility written statements
by those persons required to certify the design of the tank system and supervise the
installation of the tank system in accordance with the requirements of paragraphs (b)
through (f) of this section to attest that the tank system was properly designed and
installed and that repairs, pursuant to paragraphs (b) and (d) of this section were
performed. These written statements must also include the certification statement as
required in §270.11(d) of this chapter.
(Information collection requirements contained in paragraphs (a) and (g) were approved by
the Office of Management and Budget under control number 2050-0050)
(51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986)