The requirements of this subpart apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in paragraphs (a), (b), and (c) of this section or in Sec. 265.1 of this part.
(a) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in Sec. 265.193. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of this chapter.
(b) Tank systems, including sumps, as defined in Sec. 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in Sec. 265.193(a).
(c) Tanks, sumps, and other collection devices used in conjunction with drip pads, as defined in Sec. 260.10 of this chapter and regulated under 40 CFR part 265 subpart W, must meet the requirements of this subpart. [51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 55 FR 50486, Dec. 6, 1990; 58 FR 46050, Aug. 31, 1993; 70 FR 34585, June 14, 2005]