---
kind: "section"
citation: "40 C.F.R. § 265.190"
title: "40"
number: "265.190"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/265.190"
---

# §265.190. Applicability.


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)](#a), [(b)](#b), and [(c)](#c) of this section or in [§ 265.1](/cfr/40/265.1.md) 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 [§ 265.193](/cfr/40/265.193.md). 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 [§ 260.11](/cfr/40/260.11.md) of this chapter.
- (b) Tank systems, including sumps, as defined in [§ 260.10](/cfr/40/260.10.md), that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in [§ 265.193(a)](/cfr/40/265.193.md?p=a).
- (c) Tanks, sumps, and other collection devices used in conjunction with drip pads, as defined in [§ 260.10](/cfr/40/260.10.md) of this chapter and regulated under [40 CFR part 265](/cfr/40/part265.md) [subpart W](/cfr/40/subpartW.md), must meet the requirements of this subpart.

## Notes

### Amendments

[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]

### Source

Source: 51 FR 25479, July 14, 1986, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g.

### Source

Source: 45 FR 33232, May 19, 1980, unless otherwise noted.

### Amendments

[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]