40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.193 Containment and detection of releases.
(a) In order to prevent the release of hazardous waste or hazardous constituents to the
environment, secondary containment that meets the requirements of this section must be
provided (except as provided in paragraphs (f) and (g) of this section):
(1) For all new tank systems or components, prior to their being put into service;
(2) For all existing tanks used to store or treat EPA Hazardous Waste Nos. F020, F021,
F022, F023, F026, and F027, within two years after January 12, 1987;
(3) For those existing tank systems of known and documentable age, within two years after
January 12, 1987, or when the tank systems have reached 15 years of age, whichever comes
later;
(4) For those existing tank system for which the age cannot be documented, within eight
years of January 12, 1987; but if the age of the facility is greater than seven years,
secondary containment must be provided by the time the facility reaches 15 years of age,
or within two years of January 12, 1987, whichever comes later; and
(5) For tank systems that store or treat materials that become hazardous wastes subsequent
to January 12, 1987, within the time intervals required in paragraphs (a)(1) through
(a)(4) of this section, except that the date that a material becomes a hazardous waste
must be used in place of January 12, 1987.
(b) Secondary containment systems must be:
(1) Designed, installed, and operated to prevent any migration of wastes or accumulated
liquid out of the system to the soil, ground water, or surface water at any time during
the use of the tank system; and
(2) Capable of detecting and collecting releases and accumulated liquids until the
collected material is removed.
(c) To meet the requirements of paragraph (b) of this section, secondary containment
systems must be at a minimum:
(1) Constructed of or lined with materials that are compatible with the waste(s) to be
placed in the tank system and must have sufficient strength and thickness to prevent
failure due to pressure gradients (including static head and external hydrological
forces), physical contact with the waste to which they are exposed, climatic conditions,
the stress of installation, and the stress of daily operation (including stresses from
nearby vehicular traffic);
(2) Placed on a foundation or base capable of providing support to the secondary
containment system and resistance to pressure gradients above and below the system and
capable of preventing failure due to settlement, compression, or uplift;
(3) Provided with a leak detection system that is designed and operated so that it will
detect the failure of either the primary and secondary containment structure or any
release of hazardous waste or accumulated liquid in the secondary containment system
within 24 hours, or at the earliest practicable time if the existing detection technology
or site conditions will not allow detection of a release within 24 hours;
(4) Sloped or otherwise designed or operated to drain and remove liquids resulting from
leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation
must be removed from the secondary containment system within 24 hours, or in as timely a
manner as is possible to prevent harm to human health or the environment, if removal of
the released waste or accumulated precipitation cannot be accomplished within 24 hours.
Note: If the collected material is a hazardous waste under Part 261 of this chapter, it is
subject to management as a hazardous waste in accordance with all applicable requirements
of Parts 262 through 265 of this chapter. If the collected material is discharged through
a point source to waters of the United States, it is subject to the requirements of
sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to Publicly
Owned Treatment Works (POTWs), it is subject to the requirements of section 307 of the
Clear Water Act, as amended. If the collected material is released to the environment, may
be subject to the reporting requirements of 40 CFR Part 302.
(d) Secondary containment for tanks must include one or more of the following devices:
(1) A liner (external to the tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the Regional Administrator.
(e) In addition to the requirements of paragraphs (b), (c), and (d) of this section,
secondary containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100 percent of the capacity of the largest tank within
its boundary;
(ii) Designed or operated to prevent run-on or infiltration of precipitation into the
secondary containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Free of cracks or gaps; and
(iv) Designed and installed to completely surround the tank and to cover all surrounding
earth likely to come into contact with the waste if released from the tank(s) (i.e.,
capable of preventing lateral as well as vertical migration of the waste).
(2) Vault systems must be:
(i) Designed or operated to contain 100 percent of the capacity of the largest tank within
its boundary;
(ii) Designed or operated to prevent run-on or infiltration of precipitation into the
secondary containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant water stops in place at all joints (if any);
(iv) Provided with an impermeable interior coating or lining that is compatible with the
stored waste and that will prevent migration of waste into the concrete;
(v) Provided with a means to protect against the formation of and ignition of vapors
within the vault, if the waste being stored or treated:
(A) Meets the definition of ignitable waste under §262.21 of this chapter, or
(B) Meets the definition of reactive waste under §262.21 of this chapter and may form an
ignitable or explosive vapor; and
(vi) Provided with an exterior moisture barrier or be otherwise designed or operated to
prevent migration of moisture into the vault if the vault is subject to hydraulic
pressure.
(3) Double-walled tanks must be:
(i) Designed as an integral structure (i.e., an inner tank within an outer shell) so that
any release from the inner tank is contained by the outer shell;
(ii) Protected, if constructed of metal, from both corrosion of the primary tank interior
and the external surface of the outer shell; and
(iii) Provided with a built-in, continuous leak detection system capable of detecting a
release within 24 hours or at the earliest practicable time, if the owner or operator can
demonstrate to the Regional Administrator, and the Regional Administrator concurs, that
the existing leak detection technology or site conditions will not allow detection of a
release within 24 hours.
Note: The provisions outlined in the Steel Tank Institute's (STI) for Dual Wall
Underground Steel Storage Tank'' may be used as guidelines for aspects of the design of
underground steel double-walled tanks.
(f) Ancillary equipment must be provided with full 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 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 inspected 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,
either: that alternative design and operating practices, together with location
characteristics, will prevent the migration of 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. Application for a variance as allowed
in paragraph (g) of this section does not waive compliance with the requirements of this
subpart for new tank systems. (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 waste;
(ii) The proposed alternate design and operation;
(iii) The hydrogeologic setting of the facility, including the thickness of soils 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 water in the area,
(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 §265.196, 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 and response to 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 requirements of §265.197(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 §265.196(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 §265.197(b);
(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 §265.192 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; and
(ii) For new tank systems, at least 30 days prior to entering into a contract for
installation of the tank system.
(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 and submitted to the Regional
Administrator within 180 days after notifying the Regional Administrator of intent to
conduct the demonstration.
(4) The Regional Administrator will inform the public, through a newspaper notice, of the
availability of the demonstration for a variance. The notice shall be placed in a daily or
weekly major local newspaper of general circulation and shall provide at least 30 days
from the date of the notice for the public to review and comment on the demonstration for
a variance. The Regional Administrator also will hold a public hearing, in response to a
request or at his own discretion, whenever such a hearing might clarify one or more issues
concerning the demonstration for a variance. Public notice of the hearing will be given at
least 30 days prior to the date of the hearing and may be given at the same time as notice
of the opportunity for the public to review and comment on the demonstration. These two
notices may be combined.
(5) The Regional Administrator will approve or disapprove the request for a variance
within 90 days of receipt of the demonstration from the owner or operator and will notify
in writing the owner or operator and each person who submitted written comments or
requested notice of the variance decision. If the demonstration for a variance is
incomplete or does not include sufficient information, the 90-day time period will begin
when the Regional Administrator receives a complete demonstration, including all
information necessary to make a final determination. If the public comment period in
paragraph (h)(4) of this section is extended, the 90-day time period will be similarly
extended.
(i) All tank systems, until such time as secondary containment meeting 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
§265.191(b)(5) must be conducted at least annually;
(2) For other than non-enterable underground tanks and for all ancillary equipment, an
annual leak test, as described in paragraph (i)(1) of this section, or an internal
inspection or other tank integrity examination by an independent, qualified, registered
professional engineer that addresses cracks, leaks, corrosion, and erosion must be
conducted at least annually. 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.
Note: The practices described in the American Petroleum Institute (API) Publication Guide
for Inspection of Refining Equipment, Chapter XIII, "Atmospheric and Low Pressure
Storage Tanks,'' 4th edition, 1981, may be used, when applicable, as guidelines for
assessing the overall condition of the tank system.
(3) 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.
(4) 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 §265.196.
(Information collection requirements contained in paragraphs (c)-(e) and (g)-(i) 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, as amended at 53 FR 34087, Sept.
2, 1988)
§265.194 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 secondary 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 secondary containment systems. These include at a minimum:
(1) Spill prevention controls (e.g , check valves, dry discount 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 265.196 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)
§265.195 Inspections.
(a) The owner or operator must inspect, where present, at least once each operating day:
(1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and
drainage systems) to ensure that it is in working order;
(2) The aboveground portions of the tank system, if any, to detect corrosion or releases
of waste;
(3) Data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure
and temperature gauges, monitoring wells) to ensure that the tank system is being operated
according to its design; and
(4) The construction materials and the area immediately surrounding the externally
accessible portion of the tank system including secondary containment structures (e.g.,
dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead
Note: Section 265.15(c) requires the owner or operator to remedy any deterioration or
malfunction he finds. Section 265.196 requires the owner or operator to notify the
Regional Administrator within 24 hours of confirming a release. Also, 40 CFR Part 302 may
require the owner or operator to notify the National Response Center of a release.
(b) 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.
(c) The owner or operator must document in the operating record of the facility an
inspection of those items in paragraphs (a) and (b) of this section.
(Information collection requirements contained in paragraphs (a)-(c) were approved by the
Office of Management and Budget under control number 2050-0050)
§265.196 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 or operator must, within 24 hours after detection of
the leak or, if the owner or operator demonstrates that that 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 release 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 or 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 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 that is:
(i) Less than or equal to a quantity of one (1) pound, and
(ii) Immediately contained and cleaned-up is exempted from the requirements of this
paragraph.
(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 population areas; and
(v) Description of response actions taken or planned.
(e) Provision of secondary containment, repair, or closure. (1) Unless the owner or
operator satisfies the requirements of paragraphs (e) (2) through (4) of this section, the
tank system must be closed in accordance with §265.197.
(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 §265.193 before it can be returned to service, unless the source of the
leak is an aboveground portion of a tank system. 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 §§265.192 and 265.193. 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 §265.193 prior to being returned to use.
(f) Certification of major repairs. If the owner or 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 section 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 §265.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR
Part 302 requires the owner or operator to notify the National Response Center of a
release of any "reportable quantity.''
(Information collection requirements contained in paragraphs (d)-(f) were 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)