Compliance Corner - McCoy and Associates, Inc.

In the United States, hazardous wastes are subject to regulations mandated by the Resource Conservation and Recovery Act (RCRA). Every month on this page we provide clear, in-depth guidance on a different aspect of the RCRA regulations. The information presented here is taken from McCoy's RCRA Unraveled, 2010 Edition and is copyrighted by McCoy and Associates, Inc.

One thing you will notice as you read the guidance presented below is references to RCRA Online (RO) documents. These are letters, memos, or other guidance documents issued by EPA and are often the source of the information presented here. Each document is referred to with a five-digit code (e.g., RO 11594). The most convenient way to obtain copies of these documents is to use EPA's Internet-based document retrieval service. This service, called RCRA Online, is an excellent, free database developed by EPA. Go to RCRA Online's Advanced Search Page. The second data-entry box from the top on the right-hand side of the Advanced Search page asks for the RCRA Online Number. Enter the five-digit RO code you are interested in and click on the Search button. A "Search Results" page will come up giving you a hyperlink and an abstract of the document. Clicking on the hyperlink will retrieve the "Record Detail" of the document, providing a summary and (finally) a page icon hyperlink to the full text of the document.

Hazardous Waste Tank Inspection Requirements

Subpart J, specifically §§264/265.195, imposes a number of inspection requirements on hazardous waste tanks at permitted and interim status TSD facilities, as well as tanks at large and small quantity generators. These requirements are summarized in Table 1.

Subject to certain restrictions, EPA will allow daily inspections of tank and secondary containment systems as a way for owners/operators to meet the release detection system requirements of §§264/265.193. The release detection system standard is that the system be able to detect a release within 24 hours of its occurrence. Therefore, if such tank inspections also fulfill the release detection system requirement, they must be conducted every day that the system contains hazardous waste, regardless of whether the facility is conducting manufacturing operations. [RO 13063]

Addressing another area of possible confusion, it is clear that the bottom of tanks resting on concrete pads are technically aboveground. However, EPA recognizes that they cannot be visually inspected. Thus, the agency encourages facilities to carefully look for leakage around the base of such tanks, which could indicate releases from the tank bottom. [RO 12921]

Finally, although EPA would probably frown on the use of a “web cam” as a means to meet the tank system inspection requirement, the agency in some cases would allow video monitoring for such inspections. However, such a video system must “provide a level of performance comparable to actual close-up visual inspection of the entire system and the capability of effectively detecting leaks within 24 hours.” [EPA/530/SW-87/012, RO 12868]

Owners/operators of permitted and interim status TSD facilities and large quantity generators must document that the above-noted inspections were conducted. [§§264.195(h)/265.195(g)] Nothing in the regulations requires small quantity generators to record their obligatory inspections, but we would recommend that such entities do that. Log entries for inspections must include the following [§§264/265.15(d)]:

The regulatory language requires the name—not the initials—of the inspector to be documented. Inspections should be recorded in the plant operating log and should be kept for a minimum of three years.

Inspection records are virtually certain to be scrutinized in a regulatory inspection. Facility personnel can become bored with making the same inspection day after day and sometimes want to skip the inspection itself or filling out inspection logs. Facilities need to give special attention to ensuring that inspections are conducted and documented.

Examples of items that should be considered for inclusion in a typical tank inspection checklist or record include [OSWER Directive 9523.00-10]:

Weekly tank inspections allowed under certain conditions

Under an April 4, 2006 final rule [71 FR 16862], large quantity generators and TSD facilities are allowed to reduce the inspection frequency of some components of their hazardous waste tank systems (as noted in Table 1) from daily to weekly when either of two conditions are met: 1) tank owners/operators employ leak detection equipment per §§264/265.193(c)(3); or 2) in the absence of leak detection equipment, tank owners/operators employ established work practices that ensure that when any leaks or spills occur, they will be promptly identified and remediated per §§264/265.193(c)(3) and (4).

EPA gave the following examples of established work practices that could be used to warrant weekly rather than daily tank inspections of certain tank components [71 FR 16879]:

The tank regulations in §265.201 do not require small quantity generators to have secondary containment for their 180-day hazardous waste tanks. However, under the April 4, 2006 rule [71 FR 16862], small quantity generators are allowed to reduce the inspection frequency of some components of their hazardous waste tanks (as noted in Table 1) from daily to weekly if they provide full secondary containment for the tank or tank system and either use leak detection equipment or implement established work practices to ensure leaks are promptly identified.

If a facility reduces its hazardous waste tank inspection schedule to weekly for certain components, it must document the alternate inspection schedule in its operating record. If the reduced inspection frequency is based on established work practices to ensure leaks are promptly identified, these practices must be included in the documentation.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses problems of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.