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What Is a Hazardous Waste Tank?

According to Subpart J of Parts 264 and 265, RCRA tank standards apply to “owners and operators of facilities that use tank systems for storing or treating hazardous waste….” [§§264/265.190] In turn, the agency defines the terms “tank” and “tank system” in §260.10 as follows:

“Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.”

“Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.”

The primary difference between a hazardous waste tank and a container is that a tank is stationary (usually bolted down), while a container is portable.

The definition of tank requires that a tank must be “designed to contain an accumulation of hazardous waste” and constructed of non-earthen materials that “provide structural support.” As such, questions arise as to whether an in-ground basin or sump would be a tank or not. EPA uses the “parking lot” test to distinguish between in-ground tanks and surface impoundments. The definition of tank system emphasizes that equipment ancillary to a hazardous waste tank as well as its secondary containment structure are subject to Subpart J standards—not just the tank itself. [September 2, 1988; 53 FR 34080]

The following examples illustrate EPA’s designation of hazardous waste tanks subject to Subpart J tank standards.

Tanks used to store or treat hazardous wastewater may qualify for the wastewater treatment unit (WWTU) exemption and be exempt from Subpart J standards. If such storage or treatment occur prior to shipment of the wastewater to an offsite treatment facility, would the WWTU exemption apply?

No. If a tank storing/treating hazardous wastewater is not dedicated for use with an onsite wastewater treatment system that discharges under the CWA, the unit would be a hazardous waste tank subject to Subpart J tank standards in Part 265 if the facility is an LQG or an interim status TSDF. Part 264, Subpart J applies to hazardous waste tanks at permitted TSDFs. SQGs’ hazardous waste tanks are subject to §262.16(b)(3). [53 FR 34080, RO 11066, 11519, 11551, 13112, 13126, 13203, 13226, 13318, 14262]

Are tanks used to blend hazardous waste fuel regarded as recycling units exempt from RCRA permitting and substantive standards, or are they hazardous waste tanks subject to Subpart J standards?

Such tanks are subject to permitting requirements unless they are 90/180/270-day accumulation units. Either way, they are hazardous waste tanks subject to Subpart J or §262.16(b)(3) requirements. [April 13, 1987; 52 FR 11820, RO 11238, 11411, 11497, 11881, 13512]

Are tanks used for the treatment of D002/D008 battery waste considered exempt elementary neutralization units or hazardous waste tanks subject to Subpart J provisions?

Because of the D008 code, such tanks cannot be elementary neutralization units. Instead, they are hazardous waste tanks that are either 90/180/270-day accumulation units or subject to permitting, and they are subject to Subpart J or §262.16(b)(3). [RO 11763]

Would air strippers used to treat contaminated ground water be regulated under RCRA?

Possibly. If the ground water contains hazardous waste, it must be managed as hazardous waste per the contained-in policy. Since such air strippers likely fit the §260.10 definition of “tank,” the strippers would be subject to Subpart J regulation unless the WWTU exemption is applicable. [RO 12783]

When an LQG mixes D001 ignitable mineral spirits and used oil in the same tank, which regulations take precedence: Part 265, Subpart J standards for 90-day accumulation tanks, or Part 279 used oil tank standards?

Neither takes precedence—they both apply. Regardless of whether the resulting mixture is hazardous waste or used oil, the tank would have to comply with Subpart J because it must be a 90-day accumulation unit to allow hazardous waste treatment without a permit, and the tank would also have to comply with the Part 279 used oil tank requirements. Most of the tank design and management requirements would come from Part 265, Subpart J; the only additional requirement imposed by Part 279 relates to labeling the tank with the words “Used Oil.” [RO 11679, 13570]

Hazardous waste is stored and treated in tanks located within a RCRA containment building (the containment building is subject to Part 264, Subpart DD standards). Are the tanks considered ancillary equipment to the containment building?

No. The tanks are distinct units subject to separate regulation; their location within a containment building does not change their RCRA status, and they remain subject to Subpart J. Depending on its design, the containment building may meet the Subpart J secondary containment requirements for the tanks. [July 14, 1986; 51 FR 25452, April 4, 2006; 71 FR 16880, RO 13633, 14119, 14463, 14632]

Is a hazardous waste transporter who stores manifested hazardous waste in tanks for less than 10 days eligible for the transfer facility exemption codified in §263.12?

No. The 10-day storage exemption for transporters applies only to waste held in containers. Transporters who hold manifested hazardous wastes in tanks at some offsite location must have a RCRA permit or be operating under interim status. [RO 13786]

Are only tanks holding hazardous waste liquids subject to Subpart J?

No. Tank systems storing or treating liquid hazardous waste, nonliquid waste (e.g., solid hazardous waste, residue, dried sludge), and even gaseous hazardous waste must comply with Subpart J requirements (unless they qualify for a variance). [EPA/530/SW-86/044, December 1986, available from https://nepis.epa.gov/EPA/html/Pubs/pubtitleOSWER.html as report number 530SW86044]