When is secondary containment required?

Secondary containment is an emergency short-term storage system designed to hold releases from tanks. Secondary containment and leak detection systems allow for detection of leaks from the primary or inner tank while providing a secondary barrier to contain releases and prevent them from entering the environment. Such systems also provide protection from spills caused by operational errors, such as overfilling.

Under 40 CFR 264/265.193(a), all new hazardous waste tank systems must have secondary containment and leak detection before being placed in service. Secondary containment systems have to be designed, installed, and operated to prevent waste releases to the surrounding soil, groundwater, or surface water. The construction material or liner needs to be:

• Compatible with the waste to be stored or treated in the tank, and
• Capable of containing accumulated material until removal. Such accumulations must be removed within 24 hours.

The secondary containment system, like the tank itself, must possess sufficient structural strength to prevent failure, and the foundation has to be designed to resist failure due to normal movement of the surrounding soils (i.e., settlement, compression, or uplift).

But that’s not all ...

Related EPA regulations that require secondary containment include:

• The Spill Prevention, Control, and Countermeasure (SPCC) rules in 40 CFR part 112, which require secondary containment for facilities handling oil;
• Storm water regulations in 40 CFR part 122, which call for “structural and non-structural” storm water control measures;
• Risk management rules in 40 CFR part 68, which call for “passive mitigation” to capture or control substances upon loss of containment and minimize exposure of the public or the environment;
• Used oil rules in 40 CFR part 279, which require secondary containment for certain used oil handling activities;
• Toxic substance regulations in 40 CFR part 761, which require secondary containment for certain PCB wastes; and
• Pesticide storage containment regulations at 40 CFR 165.85.

OSHA, too, mentions leaking containers and spill containment in several regulations, including, but not limited to, the:

• HAZWOPER Standard, 29 CFR 1910.120(j);
• Flammable Liquids Standard, 1910.106(d)(5)(iv)(e) and (d)(6)(iii);
• Liquid Petroleum Gas Standard, 1910.110(b)(6) and (h)(6).

You may also wish to check for any further secondary containment requirements with:

• Your building inspector;
• Your state fire marshal or local fire department;
• Your insurance company;
• Your state environmental agency, which may have more stringent requirements for secondary containment; and
• Your permit and permitting agency, which may call for secondary containment.