---
kind: "section"
citation: "40 C.F.R. § 267.190"
title: "40"
number: "267.190"
heading: "Does this subpart apply to me?"
url: "https://uscodex.org/cfr/40/267.190"
---

# §267.190. Does this subpart apply to me?


This subpart applies to you if you own or operate a facility that treats or stores hazardous waste in above-ground or on-ground tanks under a [40 CFR part 270](/cfr/40/part270.md) [subpart J](/cfr/40/subpartJ.md) standardized permit, except as provided in [§ 267.1(b)](/cfr/40/267.1.md?p=b).

- (a) You do not have to meet the secondary containment requirements in [§ 267.195](/cfr/40/267.195.md) if your tank systems do not contain free liquids and are situated inside a building with an impermeable floor. You must demonstrate the absence or presence of free liquids in the stored/treated waste, using 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 [40 CFR 260.11](/cfr/40/260.11.md).
- (b) You do not have to meet the secondary containment requirements of [§ 267.195(a)](/cfr/40/267.195.md?p=a) if your tank system, including sumps, as defined in [40 CFR 260.10](/cfr/40/260.10.md), is part of a secondary containment system to collect or contain releases of hazardous wastes.

## Notes

### Authority

Authority: 42 U.S.C. 6902, 6912(a), 6924-6926, and 6930.

### Source

Source: 70 FR 53453, Sept. 8, 2005, unless otherwise noted.