Frac tanks that are used to store hazardous wastes need to meet the hazardous waste tank standards. The requirements for tanks include having a written assessment by an independent qualified professional engineer certifying the frac tank has sufficient structural integrity and is compatible with the wastes to be stored and that the tank is properly installed, having adequate secondary containment for the tank (an external liner secondary containment for an outside frac tank would need to be able to contain 100% of the capacity of the tank and have excess capacity for a 25-year weather event) , properly labeling the tank, completing and logging daily inspections, and completing closure of the frac tank when it is empty and will no longer be used for hazardous waste storage. The Large Quantity Generator Tank System Requirements guidance document provides a summary of the requirements.
Regulatory standing of frac tanks
Ohio EPA, in concurrence with US EPA, holds that frac tanks are subject to the hazardous waste tank requirements.
The term Tank is defined in OAC rule 3745-50-10(T)(1) (40 CFR 260.10) to mean “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.” A frac tank that is managing hazardous waste would meet this definition. The US EPA has confirmed that a mobile hazardous waste tank (e.g., a tank with wheels) is regulated as a hazardous waste tank (Subpart J tank) rather than as a container, provided the tank is intended to be stationary during operation (see 52 Fed. Reg. 20919; June 3, 1987). Frac tanks are generally always stationary when they are being used to manage hazardous waste. By contrast, bulk containers (e.g., tanker trucks) are generally portable when managing hazardous waste.
Even in the case of a temporary frac tank during an immediate response to a discharge or a threat of a discharge of hazardous waste requires consideration of when the immediate response has ceased. Any storage beyond the immediate response period would require compliance with the hazardous waste tank requirements (Subpart J standards). Additionally, Ohio EPA has agreed with US EPA’s longstanding position which has been that individual incidents will dictate what “immediate response” will entail on a case-by-case basis (see 48 Fed. Reg. 2509; January 19, 1983).
Option to request a variance from the secondary containment requirements
A variance from the secondary containment requirement can be requested from the Director of the Ohio EPA. The requirements for the variance are defined in OAC rule 3745-66-93(G): The owner or operator may obtain a variance from the tank containment and leak detection rule if the director finds, as a result of a demonstration by the owner or operator, either that alternative design and operating practices, together with location characteristics, prevent the migration of hazardous waste or hazardous constituents into the ground water or surface water at least as effectively as secondary containment during the active life of the tank system; or that in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard is posed to human health or the environment. The procedure to request a variance from secondary containment is defined in OAC rule 3745-66-93(H).
Closure requirements for hazardous waste tanks
A generator using a frac tank for hazardous waste storage is subject to the closure requirements in OAC rule 3745-52-17 for the frac tank that held hazardous waste. A large quantity generators closing a hazardous waste tank needs to complete generator closure as described in OAC rule 3745-52-17(A)(8). This includes (a)(i) providing notification for the waste accumulation unit by placing a notice in the operating record within 30 days of after closure, or (a)(ii) meeting the closure performance standards under (A)(8)(c) of this rule for the tanks and notifying Ohio EPA within 90 days, using EPA form 9029.
A generator with a frac tank that is going through closure should take photographs and document how it is going through the closure process. The generator needs to maintain documentation on-site that demonstrates how the tank was cleaned, including an explanation of why this was an appropriate method, and maintain any sampling data that the generator collected to document the cleaning. The generator should keep any photographs that were taken to document that there were no releases and include in their records, any documentation from the tank rental vendor on their inspection and testing results to confirm tank functionality after the tank was returned to them. Within 90 days of the tank removal, the generator should complete and submit form 9029 to the Ohio EPA RCRAInfo group (Completed Site ID Forms should be mailed to Ohio EPA - DERR at P.O. Box 1049, Columbus, OH, 43216-1049).
Rule references:
- OAC rule 3745-66-93(G) – variance from secondary containment tank requirement
- OAC rule 3745-52-17(A)(8) – Generator closure requirement for a tank used for hazardous waste accumulation.
- OAC rule 3745-52-17(A)(8)(c) – Generator tank closure performance standards
Resources:
- Resource Hub answer 1011: Difference between a container and a tank
- US EPA example of a mobile unit being managed as a tank
- Large Quantity Generator Tank System Requirements guidance document
- Large Quantity Generator Tank Inspection Checklist
- Notification of Regulated Waste Activity (RCRAInfo group)
- Site Identification Form 9029
For more information, contact the Hazardous Waste Compliance Assurance Section of the Division of Environmental Response and Revitalization at 614-644-2924.
