I was reading the June 2011 issue of Pollution Engineering magazine and noticed that there was an article in it that talked about secondary containment for hazardous waste container storage areas. It cited 40 CFR 264.175. The article was written by someone who makes and sells secondary containment units.
It is important to understand that there is NO federal requirement for secondary containment at hazardous waste storage area IF you are a generator. 40 CFR 264.175 pertains only to TSDF – these are the commercial facilities that treat store and dispose of other people’s hazardous wastes and they have a RCRA Part B permit.
Waste generators are exempt from this requirement because they store their wastes for no longer than 90/180/270 days. As long as they stay within their appropriate time limits, they are not required to have a RCRA permit and 40 CFR 264.175 does not apply.
It is good management practice to have secondary containment but it is NOT required by federal law. Some states do have state laws that require secondary containment for anyone who stores wastes on site. Pennsylvania is one of them.